#aafth ,,congress #b;d ,session ,in the ,house of ,representatives1 ,u4 ,s41 ,december #ba1 #bjbj ,,house ,,amendment ,,to ,,senate ,,amendment3 ,that the ,house agree to the amendment of the ,senate to the bill 7,h4,r4 #acc7 entitled ,an ,act to promote economic partnership and cooperation between the ,united ,states and ,mexico41 with the following ,in lieu of the matter proposed to be inserted by the amendment of the ,senate1 insert the following3 #a4 ,short ,title ,this ,act may be cited as the ,consolidated ,appropriations ,act1 #bjba4 #b4 ,table of ,contents ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,references4 ,sec4 #d4 ,explanatory statement4 ,sec4 #e4 ,statement of appropriations4 ,sec4 #f4 ,availability of funds4 ,sec4 #g4 ,adjustments to compensation4 ,sec4 #h4 ,definition4 ,sec4 #i4 ,office of ,management and ,budget ,reporting ,requirement4 ,division ,a--,agriculture1 ,rural ,development1 ,food and ,drug ,administration1 and ,related ,agencies ,appropriations ,act1 #bjba ,title ,i--,agricultural ,programs ,title ,,ii--,farm ,production and ,conservation ,programs ,title ,,iii--,rural ,development ,programs ,title ,,iv--,domestic ,food ,programs ,title ,v--,foreign ,assistance and ,related ,programs ,title ,,vi--,related ,agency and ,food and ,drug ,administration ,title ,,vii--,general ,provisions ,division ,b--,commerce1 ,justice1 ,science1 and ,related ,agencies ,appropriations ,act1 #bjba ,title ,i--,department of ,commerce ,title ,,ii--,department of ,justice ,title ,,iii--,science ,title ,,iv--,related ,agencies ,title ,v--,general ,provisions ,division ,c--,department of ,defense ,appropriations ,act1 #bjba ,title ,i--,military ,personnel ,title ,,ii--,operation and ,maintenance ,title ,,iii--,procurement ,title ,,iv--,research1 ,development1 ,test and ,evaluation ,title ,v--,revolving and ,management ,funds ,title ,,vi--,other ,department of ,defense ,programs ,title ,,vii--,related ,agencies ,title ,,viii--,general ,provisions ,title ,,ix--,overseas ,contingency ,operations ,division ,d--,energy and ,water ,development and ,related ,agencies ,appropriations ,act1 #bjba ,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 ,division ,e--,financial ,services and ,general ,government ,appropriations ,act1 #bjba ,title ,i--,department of the ,treasury ,title ,,ii--,executive ,office of the ,president and ,funds ,appropriated to the ,president ,title ,,iii--,the ,judiciary ,title ,,iv--,district of ,columbia ,title ,v--,independent ,agencies ,title ,,vi--,general ,provisions--,this ,act ,title ,,vii--,general ,provisions--,government-wide ,title ,,viii--,general ,provisions--,district of ,columbia ,title ,,ix--,general ,provision--,emergency ,funding ,division ,f--,department of ,homeland ,security ,appropriations ,act1 #bjba ,title ,i--,departmental ,management1 ,operations1 ,intelligence1 and ,oversight ,title ,,ii--,security1 ,enforcement1 and ,investigations ,title ,,iii--,protection1 ,preparedness1 ,response1 and ,recovery ,title ,,iv--,research1 ,development1 ,training1 and ,services ,title ,v--,general ,provisions ,division ,g--,department of the ,interior1 ,environment1 and ,related ,agencies ,appropriations ,act1 #bjba ,title ,i--,department of the ,interior ,title ,,ii--,environmental ,protection ,agency ,title ,,iii--,related ,agencies ,title ,,iv--,general ,provisions ,division ,h--,departments of ,labor1 ,health and ,human ,services1 and ,education1 and ,related ,agencies ,appropriations ,act1 #bjba ,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 ,act1 #bjba ,title ,i--,legislative ,branch ,title ,,ii--,general ,provisions ,division ,j--,military ,construction1 ,veterans ,affairs1 and ,related ,agencies ,appropriations ,act1 #bjba ,title ,i--,department of ,defense ,title ,,ii--,department of ,veterans ,affairs ,title ,,iii--,related ,agencies ,title ,,iv--,overseas ,contingency ,operations ,title ,v--,general ,provisions ,division ,k--,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjba ,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 ,m4 ,lowey ,middle ,east ,partnership for ,peace ,act of #bjbj ,title ,,ix--,emergency ,funding and ,other ,matters ,division ,l--,transportation1 ,housing and ,urban ,development1 and ,related ,agencies ,appropriations ,act1 #bjba ,title ,i--,department of ,transportation ,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 ,act1 #bjba ,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--,u4,s4 ,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 #bjai ,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 #bjbj ,division ,q--,financial ,services ,provisions and ,intellectual ,property ,division ,r--,protecting ,our ,infrastructure of ,pipelines and ,enhancing ,safety ,act of #bjbj ,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 ,certification1 ,safety1 and ,accountability ,division ,w--,intelligence ,authorization ,act for ,fiscal ,year #bjba ,division ,x--,supporting ,foster ,youth and ,families ,through the ,pandemic ,division ,y--,american ,miner ,benefits ,improvement ,division ,z--,energy ,act of #bjbj ,division ,,aa--,water ,resources ,development ,act ,of #bjbj ,division ,,bb--,private ,health ,insurance and ,public ,health ,provisions ,division ,,cc--,health ,extenders ,division ,,dd--,montana ,water ,rights ,protection ,act ,division ,,ee--,taxpayer ,certainty and ,disaster ,tax ,relief ,act of #bjbj ,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 ,island1 ,new ,york ,title ,,vi-- ,preventing ,online ,sales of ,e-,cigarettes to ,children ,title ,,vii--,,fafsa ,simplification ,title ,,viii--,access to ,death ,information ,furnished to or ,maintained by the ,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-#ai ,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 #bjbj ,title ,,xix--,united ,states-,mexico ,economic ,partnership ,act ,title ,,xx--,consumer ,product ,safety ,commission ,port ,surveillance ,title ,,xxi--,,covid-#ai ,regulatory ,relief and ,work ,from ,home ,safety ,act #c4 ,references ,except as expressly provided otherwise1 any reference to this ,act contained in any division of this ,act shall be treated as referring only to the provisions of that division4 #d4 ,explanatory ,statement ,the explanatory statement regarding this ,act1 printed in the ,house section of the ,congressional ,record on or about ,december #ba1 #bjbj1 and submitted by the ,chairwoman of the ,committee on ,appropriations of the ,house1 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 conference4 #e4 ,statement of appropriations ,the following sums in this ,act are appropriated1 out of any money in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjba4 #f4 ,availability of funds 7a7 ,each amount designated in this ,act by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe shall be available 7or rescinded1 if applicable7 only if the ,president subsequently so designates all such amounts and transmits such designations to the ,congress4 7b7 ,each amount designated in this ,act by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe shall be available 7or rescinded1 if applicable7 only if the ,president subsequently so designates all such amounts and transmits such designations to the ,congress4 #g4 ,adjustments to compensation ,notwithstanding any other provision of law1 no adjustment shall be made under section #fja7;a7 of the ,legislative ,reorganization ,act of #aidf 7#b ,u4,s4,c4 #deja7 7relating to cost of living adjustments for ,members of ,congress7 during fiscal year #bjba4 #h4 ,definition ,in divisions ,a through ,m of this ,act1 the term coronavirus means ,,sars-,co,v-#b or another coronavirus with pandemic potential4 #i4 ,office of management and budget reporting requirement ,notwithstanding the #g calendar days requirement in section #bea7;a77#g77;,b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;a77#g77;,b771 for any appropriations ,act for fiscal year #bjba enacted before ,january #a1 #bjba1 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 #ae1 #bjba4 ,a ,agriculture1 ,rural ,development1 ,food and ,drug ,administration1 and ,related ,agencies ,appropriations ,act1 #bjba ,i ,,agricultural ,,programs ,processing1 ,research1 and ,marketing ,office of the ,secretary 7,,including ,,transfers ,,of ,,funds7 ,for necessary expenses of the ,office of the ,secretary1 #df1iih1jjj1 of which not to exceed #e1aja1jjj shall be available for the immediate ,office of the ,secretary2 not to exceed #a1cbd1jjj shall be available for the ,office of ,homeland ,security2 not to exceed #g1jjb1jjj shall be available for the ,office of ,partnerships and ,public ,engagement1 of which #a1ejj1jjj shall be for #g ,u4,s4,c4 #bbgi7;c77#e72 not to exceed #bb1cba1jjj shall be available for the ,office of the ,assistant ,secretary for ,administration1 of which #ba1ddj1jjj shall be available for ,departmental ,administration to provide for necessary expenses for management support services to offices of the ,department and for general administration1 security1 repairs and alterations1 and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the ,department3 ,provided1 ,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 ,office2 not to exceed #c1ijh1jjj shall be available for the ,office of ,assistant ,secretary for ,congressional ,relations and ,intergovernmental ,affairs to carry out the programs funded by this ,act1 including programs involving intergovernmental affairs and liaison within the executive branch2 and not to exceed #g1cdb1jjj shall be available for the ,office of ,communications3 ,provided further1 ,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 ,secretary3 ,provided further1 ,that no appropriation for any office shall be increased or decreased by more than #e percent3 ,provided further1 ,that not to exceed #bb1jjj of the amount made available under this paragraph for the immediate ,office of the ,secretary shall be available for official reception and representation expenses1 not otherwise provided for1 as determined by the ,secretary3 ,provided further1 ,that the amount made available under this heading for ,departmental ,administration shall be reimbursed from applicable appropriations in this ,act for travel expenses incident to the holding of hearings as required by #e ,u4,s4,c4 #eea-eeh3 ,provided further1 ,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 level3 ,provided further1 ,that no funds made available under this heading for the ,office of ,assistant ,secretary for ,congressional ,relations may be obligated after #cj days from the date of enactment of this ,act1 unless the ,secretary has notified the ,committees on ,appropriations of both ,houses of ,congress on the allocation of these funds by ,,usda agency3 ,provided further1 ,that during any #cj day notification period referenced in section #gaf of this ,act1 the ,secretary of ,agriculture shall take no action to begin implementation of the action that is subject to section #gaf of this ,act or make any public announcement of such action in any form4 ,executive ,operations ,,office ,,of ,,the ,,chief ,,economist ,for necessary expenses of the ,office of the ,chief ,economist1 #bd1aib1jjj1 of which #h1jjj1jjj shall be for grants or cooperative agreements for policy research under #g ,u4,s4,c4 #caee4 ,,office ,,of ,,hearings ,,and ,,appeals ,for necessary expenses of the ,office of ,hearings and ,appeals1 #ae1cid1jjj4 ,,office ,,of ,,budget ,,and ,,program ,,analysis ,for necessary expenses of the ,office of ,budget and ,program ,analysis1 #i1fbi1jjj4 ,office of the chief information officer ,for necessary expenses of the ,office of the ,chief ,information ,officer1 #ff1had1jjj1 of which not less than #ef1jjj1jjj is for cybersecurity requirements of the department4 ,office of the chief financial officer ,for necessary expenses of the ,office of the ,chief ,financial ,officer1 #f1aji1jjj4 ,office of the assistant secretary for civil rights ,for necessary expenses of the ,office of the ,assistant ,secretary for ,civil ,rights1 #ijh1jjj3 ,provided1 ,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 ,office4 ,office of civil rights ,for necessary expenses of the ,office of ,civil ,rights1 #bb1ghi1jjj4 ,agriculture buildings and facilities 7,,including ,,transfers ,,of ,,funds7 ,for payment of space rental and related costs pursuant to ,public ,law #ib-cac1 including authorities pursuant to the #aihd delegation of authority from the ,administrator of ,general ,services to the ,department of ,agriculture under #dj ,u4,s4,c4 #aba1 for programs and activities of the ,department which are included in this ,act1 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 ,services1 and for the operation1 maintenance1 improvement1 and repair of ,agriculture buildings and facilities1 and for related costs1 #ajh1abd1jjj1 to remain available until expended4 ,hazardous materials management 7,,including ,,transfers ,,of ,,funds7 ,for necessary expenses of the ,department of ,agriculture1 to comply with the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act 7#db ,u4,s4,c4 #ifja et seq47 and the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq471 #f1ead1jjj1 to remain available until expended3 ,provided1 ,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 lands4 ,office of safety1 security1 and protection ,for necessary expenses of the ,office of ,safety1 ,security1 and ,protection1 #bc1bah1jjj4 ,office of inspector general ,for necessary expenses of the ,office of ,inspector ,general1 including employment pursuant to the ,inspector ,general ,act of #aigh 7,public ,law #ie-deb2 #e ,u4,s4,c4 ,app471 #ii1iab1jjj1 including such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section #f7;a77#i7 of the ,inspector ,general ,act of #aigh 7,public ,law #ie-deb2 #e ,u4,s4,c4 ,app471 and including not to exceed #abe1jjj for certain confidential operational expenses1 including the payment of informants1 to be expended under the direction of the ,inspector ,general pursuant to the ,inspector ,general ,act of #aigh 7,public ,law #ie-deb2 #e ,u4,s4,c4 ,app47 and section #accg of the ,agriculture and ,food ,act of #aiha 7,public ,law #ig-ih74 ,office of the general counsel ,for necessary expenses of the ,office of the ,general ,counsel1 #de1cij1jjj4 ,office of ethics ,for necessary expenses of the ,office of ,ethics1 #d1ahd1jjj4 ,office of the under secretary for research1 education1 and economics ,for necessary expenses of the ,office of the ,under ,secretary for ,research1 ,education1 and ,economics1 #hji1jjj3 ,provided1 ,that funds made available by this ,act to an agency in the ,research1 ,education1 and ,economics mission area for salaries and expenses are available to fund up to one administrative support staff for the ,office4 ,economic research service ,for necessary expenses of the ,economic ,research ,service1 #he1dgf1jjj4 ,national agricultural statistics service ,for necessary expenses of the ,national ,agricultural ,statistics ,service1 #ahc1iba1jjj1 of which up to #df1cjj1jjj shall be available until expended for the ,census of ,agriculture3 ,provided1 ,that amounts made available for the ,census of ,agriculture may be used to conduct ,current ,industrial ,report surveys subject to #g ,u4,s4,c4 #bbjd;g7d7 and 7f74 ,agricultural research service ,,salaries ,,and ,,expenses ,for necessary expenses of the ,agricultural ,research ,service and for acquisition of lands by donation1 exchange1 or purchase at a nominal cost not to exceed #ajj1 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 #be percent of the total value of the land or interests transferred out of ,federal ownership1 #a1dia1ghd1jjj3 ,provided1 ,that appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only3 ,provided further1 ,that appropriations hereunder shall be available pursuant to #g ,u4,s4,c4 #bbej for the construction1 alteration1 and repair of buildings and improvements1 but unless otherwise provided1 the cost of constructing any one building shall not exceed #ejj1jjj1 except for headhouses or greenhouses which shall each be limited to #a1hjj1jjj1 except for #aj buildings to be constructed or improved at a cost not to exceed #a1ajj1jjj each1 and except for two buildings to be constructed at a cost not to exceed #c1jjj1jjj each1 and the cost of altering any one building during the fiscal year shall not exceed #aj percent of the current replacement value of the building or #ejj1jjj1 whichever is greater3 ,provided further1 ,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 owned1 operated1 and maintained by the non-,federal entity and shall be removed upon the expiration or termination of the lease agreement3 ,provided further1 ,that the limitations on alterations contained in this ,act shall not apply to modernization or replacement of existing facilities at ,beltsville1 ,maryland3 ,provided further1 ,that appropriations hereunder shall be available for granting easements at the ,beltsville ,agricultural ,research ,center3 ,provided further1 ,that the foregoing limitations shall not apply to replacement of buildings needed to carry out the ,act of ,april #bd1 #aidh 7#ba ,u4,s4,c4 #aac;a73 ,provided further1 ,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 by1 and acceptable to1 the ,agricultural ,research ,service and a condition of the easements shall be that upon completion the facility shall be accepted by the ,secretary1 subject to the availability of funds herein1 if the ,secretary finds that acceptance of the facility is in the interest of the ,united ,states3 ,provided further1 ,that funds may be received from any ,state1 other political subdivision1 organization1 or individual for the purpose of establishing or operating any research facility or research project of the ,agricultural ,research ,service1 as authorized by law4 ,,buildings ,,and ,,facilities ,for the acquisition of land1 construction1 repair1 improvement1 extension1 alteration1 and purchase of fixed equipment or facilities as necessary to carry out the agricultural research programs of the ,department of ,agriculture1 where not otherwise provided1 #ce1gjj1jjj to remain available until expended1 of which #aa1bjj1jjj shall be allocated for ,,ars facilities co-located with university partners4 ,national institute of food and agriculture ,,research ,,and ,,education ,,activities ,for payments to agricultural experiment stations1 for cooperative forestry and other research1 for facilities1 and for other expenses1 #iib1fdb1jjj1 which shall be for the purposes1 and in the amounts1 specified in the table titled ,national ,institute of ,food and ,agriculture1 ,research and ,education ,activities in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act73 ,provided1 ,that funds for research grants for #aiid institutions1 education grants for #ahij institutions1 ,hispanic serving institutions education grants1 capacity building for non-land-grant colleges of agriculture1 the agriculture and food research initiative1 veterinary medicine loan repayment1 multicultural scholars1 graduate fellowship and institution challenge grants1 and grants management systems shall remain available until expended3 ,provided further1 ,that each institution eligible to receive funds under the ,evans-,allen program receives no less than #a1jjj1jjj3 ,provided further1 ,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 ,hawaii3 ,provided further1 ,that funds for education grants for #ahij institutions shall be made available to institutions eligible to receive funds under #g ,u4,s4,c4 #cbba and #cbbb3 ,provided further1 ,that not more than #e percent of the amounts made available by this or any other ,act to carry out the ,agriculture and ,food ,research ,initiative under #g ,u4,s4,c4 #caeg may be retained by the ,secretary of ,agriculture to pay administrative costs incurred by the ,secretary in carrying out that authority4 ,,native ,,american ,,institutions ,,endowment ,,fund ,for the ,native ,american ,institutions ,endowment ,fund authorized by ,public ,law #ajc-chb 7#g ,u4,s4,c4 #cja note71 #aa1hhj1jjj1 to remain available until expended4 ,,extension ,,activities ,for payments to ,states1 the ,district of ,columbia1 ,puerto ,rico1 ,guam1 the ,virgin ,islands1 ,micronesia1 the ,northern ,marianas1 and ,american ,samoa1 #ech1ddg1jjj1 which shall be for the purposes1 and in the amounts1 specified in the table titled ,national ,institute of ,food and ,agriculture1 ,extension ,activities in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act73 ,provided1 ,that funds for facility improvements at #ahij institutions shall remain available until expended3 ,provided further1 ,that institutions eligible to receive funds under #g ,u4,s4,c4 #cbba for cooperative extension receive no less than #a1jjj1jjj3 ,provided further1 ,that funds for cooperative extension under sections #c7;b7 and 7c7 of the ,smith-,lever ,act 7#g ,u4,s4,c4 #cdc7;b7 and 7c77 and section #bjh7;c7 of ,public ,law #ic-dga shall be available for retirement and employees' compensation costs for extension agents4 ,,integrated ,,activities ,for the integrated research1 education1 and extension grants programs1 including necessary administrative expenses1 #ci1jjj1jjj1 which shall be for the purposes1 and in the amounts1 specified in the table titled ,national ,institute of ,food and ,agriculture1 ,integrated ,activities in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act73 ,provided1 ,that funds for the ,food and ,agriculture ,defense ,initiative shall remain available until ,september #cj1 #bjbb3 ,provided further1 ,that notwithstanding any other provision of law1 indirect costs shall not be charged against any ,extension ,implementation ,program ,area grant awarded under the ,crop ,protection_/,pest ,management ,program 7#g ,u4,s4,c4 #gfbf74 ,office of the under secretary for marketing and regulatory programs ,for necessary expenses of the ,office of the ,under ,secretary for ,marketing and ,regulatory ,programs1 #hji1jjj3 ,provided1 ,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 ,office4 ,animal and plant health inspection service ,,salaries ,,and ,,expenses 7,,including ,,transfers ,,of ,,funds7 ,for necessary expenses of the ,animal and ,plant ,health ,inspection ,service1 including up to #cj1jjj for representation allowances and for expenses pursuant to the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djhe71 #a1jfd1agi1jjj1 of which #dgh1jjj1 to remain available until expended1 shall be available for the control of outbreaks of insects1 plant diseases1 animal diseases and for control of pest animals and birds 7contingency fund7 to the extent necessary to meet emergency conditions2 of which #ac1eig1jjj1 to remain available until expended1 shall be used for the cotton pests program1 including for cost share purposes or for debt retirement for active eradication zones2 of which #ch1jic1jjj1 to remain available until expended1 shall be for ,animal ,health ,technical ,services2 of which #b1jji1jjj shall be for activities under the authority of the ,horse ,protection ,act of #aigj1 as amended 7#ae ,u4,s4,c4 #ahca72 of which #fc1bac1jjj1 to remain available until expended1 shall be used to support avian health2 of which #d1bea1jjj1 to remain available until expended1 shall be for information technology infrastructure2 of which #aif1eec1jjj1 to remain available until expended1 shall be for specialty crop pests2 of which1 #aj1idb1jjj1 to remain available until expended1 shall be for field crop and rangeland ecosystem pests2 of which #ai1fbj1jjj1 to remain available until expended1 shall be for zoonotic disease management2 of which #da1bfh1jjj1 to remain available until expended1 shall be for emergency preparedness and response2 of which #fj1def1jjj1 to remain available until expended1 shall be for tree and wood pests2 of which #e1gcf1jjj1 to remain available until expended1 shall be for the ,national ,veterinary ,stockpile2 of which up to #a1ejj1jjj1 to remain available until expended1 shall be for the scrapie program for indemnities2 of which #b1ejj1jjj1 to remain available until expended1 shall be for the wildlife damage management program for aviation safety3 ,provided1 ,that of amounts available under this heading for wildlife services methods development1 #a1jjj1jjj shall remain available until expended3 ,provided further1 ,that of amounts available under this heading for the screwworm program1 #d1iij1jjj shall remain available until expended2 of which #bj1beb1jjj1 to remain available until expended1 shall be used to carry out the science program and transition activities for the ,national ,bio and ,agro-defense ,facility located in ,manhattan1 ,kansas3 ,provided further1 ,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 #dj percent3 ,provided further1 ,that this appropriation shall be available for the purchase1 replacement1 operation1 and maintenance of aircraft3 ,provided further1 ,that in addition1 in emergencies which threaten any segment of the agricultural production industry of the ,united ,states1 the ,secretary may transfer from other appropriations or funds available to the agencies or corporations of the ,department such sums as may be deemed necessary1 to be available only in such emergencies for the arrest and eradication of contagious or infectious disease or pests of animals1 poultry1 or plants1 and for expenses in accordance with sections #ajdaa and #ajdag of the ,animal ,health ,protection ,act 7#g ,u4,s4,c4 #hcaj and #hcaf7 and sections #dca and #ddb of the ,plant ,protection ,act 7#g ,u4,s4,c4 #ggea and #gggb71 and any unexpended balances of funds transferred for such emergency purposes in the preceding fiscal year shall be merged with such transferred amounts3 ,provided further1 ,that appropriations hereunder shall be available pursuant to law 7#g ,u4,s4,c4 #bbej7 for the repair and alteration of leased buildings and improvements1 but unless otherwise provided the cost of altering any one building during the fiscal year shall not exceed #aj percent of the current replacement value of the building4 ,in fiscal year #bjba1 the agency is authorized to collect fees to cover the total costs of providing technical assistance1 goods1 or services requested by ,states1 other political subdivisions1 domestic and international organizations1 foreign governments1 or individuals1 provided that such fees are structured such that any entity's liability for such fees is reasonably based on the technical assistance1 goods1 or services provided to the entity by the agency1 and such fees shall be reimbursed to this account1 to remain available until expended1 without further appropriation1 for providing such assistance1 goods1 or services4 ,,buildings ,,and ,,facilities ,for plans1 construction1 repair1 preventive maintenance1 environmental support1 improvement1 extension1 alteration1 and purchase of fixed equipment or facilities1 as authorized by #g ,u4,s4,c4 #bbej1 and acquisition of land as authorized by #g ,u4,s4,c4 #bbfh;a1 #c1age1jjj1 to remain available until expended4 ,agricultural marketing service ,,marketing ,,services ,for necessary expenses of the ,agricultural ,marketing ,service1 #ahh1ceh1jjj1 of which #f1jjj1jjj shall be available for the purposes of section #abcjf of ,public ,law #aac-gi3 ,provided1 ,that this appropriation shall be available pursuant to law 7#g ,u4,s4,c4 #bbej7 for the alteration and repair of buildings and improvements1 but the cost of altering any one building during the fiscal year shall not exceed #aj percent of the current replacement value of the building4 ,fees may be collected for the cost of standardization activities1 as established by regulation pursuant to law 7#ca ,u4,s4,c4 #igja71 except for the cost of activities relating to the development or maintenance of grain standards under the ,united ,states ,grain ,standards ,act1 #g ,u4,s4,c4 #ga et seq4 ,,limitation ,,on ,,administrative ,,expenses ,not to exceed #fa1bbg1jjj 7from fees collected7 shall be obligated during the current fiscal year for administrative expenses3 ,provided1 ,that if crop size is understated and_/or other uncontrollable events occur1 the agency may exceed this limitation by up to #aj percent with notification to the ,committees on ,appropriations of both ,houses of ,congress4 ,,funds ,,for ,,strengthening ,,markets1 ,,income1 ,,and ,,supply 7,,section #cb7 7,,including ,,transfers ,,of ,,funds7 ,funds available under section #cb of the ,act of ,august #bd1 #aice 7#g ,u4,s4,c4 #fab;c71 shall be used only for commodity program expenses as authorized therein1 and other related operating expenses1 except for3 7#a7 transfers to the ,department of ,commerce as authorized by the ,fish and ,wildlife ,act of #aief 7#af ,u4,s4,c4 #gdb;a et seq472 7#b7 transfers otherwise provided in this ,act2 and 7#c7 not more than #bj1gje1jjj for formulation and administration of marketing agreements and orders pursuant to the ,agricultural ,marketing ,agreement ,act of #aicg and the ,agricultural ,act of #aifa 7,public ,law #hg-abh74 ,,payments ,,to ,,states ,,and ,,possessions ,for payments to departments of agriculture1 bureaus and departments of markets1 and similar agencies for marketing activities under section #bjd7;b7 of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afbc7;b771 #a1bce1jjj4 ,,limitation ,,on ,,inspection ,,and ,,weighing ,,services ,,expenses ,not to exceed #ee1jjj1jjj 7from fees collected7 shall be obligated during the current fiscal year for inspection and weighing services3 ,provided1 ,that if grain export activities require additional supervision and oversight1 or other uncontrollable factors occur1 this limitation may be exceeded by up to #aj percent with notification to the ,committees on ,appropriations of both ,houses of ,congress4 ,office of the under secretary for food safety ,for necessary expenses of the ,office of the ,under ,secretary for ,food ,safety1 #hji1jjj3 ,provided1 ,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 ,office4 ,food safety and inspection service ,for necessary expenses to carry out services authorized by the ,federal ,meat ,inspection ,act1 the ,poultry ,products ,inspection ,act1 and the ,egg ,products ,inspection ,act1 including not to exceed #aj1jjj for representation allowances and for expenses pursuant to section #h of the ,act approved ,august #c1 #aief 7#g ,u4,s4,c4 #agff71 #a1jge1gjc1jjj2 and in addition1 #a1jjj1jjj may be credited to this account from fees collected for the cost of laboratory accreditation as authorized by section #acbg of the ,food1 ,agriculture1 ,conservation and ,trade ,act of #aiij 7#g ,u4,s4,c4 #ach;f73 ,provided1 ,that funds provided for the ,public ,health ,data ,communication ,infrastructure system shall remain available until expended3 ,provided further1 ,that no fewer than #adh full-time equivalent positions shall be employed during fiscal year #bjba for purposes dedicated solely to inspections and enforcement related to the ,humane ,methods of ,slaughter ,act 7#g ,u4,s4,c4 #aija et seq473 ,provided further1 ,that the ,food ,safety and ,inspection ,service shall continue implementation of section #aajaf of ,public ,law #aaj-bdf as further clarified by the amendments made in section #abajf of ,public ,law #aac-gi3 ,provided further1 ,that this appropriation shall be available pursuant to law 7#g ,u4,s4,c4 #bbej7 for the alteration and repair of buildings and improvements1 but the cost of altering any one building during the fiscal year shall not exceed #aj percent of the current replacement value of the building4 ,,ii ,,farm ,,production ,,and ,,conservation ,,programs ,office of the under secretary for farm production and conservation ,for necessary expenses of the ,office of the ,under ,secretary for ,farm ,production and ,conservation1 #iaf1jjj3 ,provided1 ,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 ,office4 ,farm production and conservation business center ,,salaries ,,and ,,expenses 7,,including ,,transfers ,,of ,,funds7 ,for necessary expenses of the ,farm ,production and ,conservation ,business ,center1 #bca1cjb1jjj3 ,provided1 ,that #fj1bbh1jjj of amounts appropriated for the current fiscal year pursuant to section #abda7;a7 of the ,farm ,security and ,rural ,investment ,act of #aihe 7#af ,u4,s4,c4 #chda7;a77 shall be transferred to and merged with this account4 ,farm service agency ,,salaries ,,and ,,expenses 7,,including ,,transfers ,,of ,,funds7 ,for necessary expenses of the ,farm ,service ,agency1 #a1adb1ibd1jjj1 of which not less than #ae1jjj1jjj 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 #cj1 #bjbb3 ,provided1 ,that not more than #ej 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 ,congress1 and receives written or electronic notification of receipt from such ,committees of1 a plan for expenditure that 7#a7 identifies for each project_/investment over #be1jjj 7a7 the functional and performance capabilities to be delivered and the mission benefits to be realized1 7b7 the estimated lifecycle cost for the entirety of the project_/investment1 including estimates for development as well as maintenance and operations1 and 7c7 key milestones to be met2 7#b7 demonstrates that each project_/investment is1 7a7 consistent with the ,farm ,service ,agency ,information ,technology ,roadmap1 7b7 being managed in accordance with applicable lifecycle management policies and guidance1 and 7c7 subject to the applicable ,department's capital planning and investment control requirements2 and 7#c7 has been reviewed by the ,government ,accountability ,office and approved by the ,committees on ,appropriations of both ,houses of ,congress3 ,provided further1 ,that the agency shall submit a report by the end of the fourth quarter of fiscal year #bjba to the ,committees on ,appropriations and the ,government ,accountability ,office1 that identifies for each project_/investment that is operational 7a7 current performance against key indicators of customer satisfaction1 7b7 current performance of service level agreements or other technical metrics1 7c7 current performance against a pre-established cost baseline1 7d7 a detailed breakdown of current and planned spending on operational enhancements or upgrades1 and 7e7 an assessment of whether the investment continues to meet business needs as intended as well as alternatives to the investment3 ,provided further1 ,that the ,secretary is authorized to use the services1 facilities1 and authorities 7but not the funds7 of the ,commodity ,credit ,corporation to make program payments for all programs administered by the ,agency3 ,provided further1 ,that other funds made available to the ,agency for authorized activities may be advanced to and merged with this account3 ,provided further1 ,that funds made available to county committees shall remain available until expended3 ,provided further1 ,that none of the funds available to the ,farm ,service ,agency shall be used to close ,farm ,service ,agency county offices3 ,provided further1 ,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 ,congress4 ,,state ,,mediation ,,grants ,for grants pursuant to section #ejb7;b7 of the ,agricultural ,credit ,act of #aihg1 as amended 7#g ,u4,s4,c4 #eaja-eajf71 #f1iad1jjj4 ,,grassroots ,,source ,,water ,,protection ,,program ,for necessary expenses to carry out wellhead or groundwater protection activities under section #abdj,o of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;bb-#b71 #f1ejj1jjj1 to remain available until expended4 ,,dairy ,,indemnity ,,program 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses involved in making indemnity payments to dairy farmers and manufacturers of dairy products under a dairy indemnity program1 such sums as may be necessary1 to remain available until expended3 ,provided1 ,that such program is carried out by the ,secretary in the same manner as the dairy indemnity program described in the ,agriculture1 ,rural ,development1 ,food and ,drug ,administration1 and ,related ,agencies ,appropriations ,act1 #bjja 7,public ,law #ajf-chg1 #aad ,stat4 #aedi;,a-#ab74 ,,agricultural ,,credit ,,insurance ,,fund ,,program ,,account 7,,including ,,transfers ,,of ,,funds7 ,for gross obligations for the principal amount of direct and guaranteed farm ownership 7#g ,u4,s4,c4 #aibb et seq47 and operating 7#g ,u4,s4,c4 #aida et seq47 loans1 emergency loans 7#g ,u4,s4,c4 #aifa et seq471 ,indian tribe land acquisition loans 7#be ,u4,s4,c4 #eacf71 boll weevil loans 7#g ,u4,s4,c4 #aihi71 guaranteed conservation loans 7#g ,u4,s4,c4 #aibd et seq471 relending program 7#g ,u4,s4,c4 #aicf;c71 and ,indian highly fractionated land loans 7#be ,u4,s4,c4 #eacf7 to be available from funds in the ,agricultural ,credit ,insurance ,fund1 as follows3 #c1cjj1jjj1jjj for guaranteed farm ownership loans and #b1ejj1jjj1jjj for farm ownership direct loans2 #b1aah1dhb1jjj for unsubsidized guaranteed operating loans and #a1fcc1ccc1jjj for direct operating loans2 emergency loans1 #cg1ffh1jjj2 ,indian tribe land acquisition loans1 #bj1jjj1jjj2 guaranteed conservation loans1 #aej1jjj1jjj2 relending program1 #cc1fic1jjj2 ,indian highly fractionated land loans1 #e1jjj1jjj2 and for boll weevil eradication program loans1 #fj1jjj1jjj3 ,provided1 ,that the ,secretary shall deem the pink bollworm to be a boll weevil for the purpose of boll weevil eradication program loans4 ,for the cost of direct and guaranteed loans and grants1 including the cost of modifying loans as defined in section #ejb of the ,congressional ,budget ,act of #aigd1 as follows3 #ch1gaj1jjj for direct farm operating loans1 #bc1gbg1jjj for unsubsidized guaranteed farm operating loans1 #bjg1jjj for emergency loans1 #e1jjj1jjj for the relending program1 and #gdb1jjj for ,indian highly fractionated land loans1 to remain available until expended4 ,in addition1 for administrative expenses necessary to carry out the direct and guaranteed loan programs1 #cjg1cdd1jjj3 ,provided1 ,that of this amount1 #bid1aad1jjj shall be transferred to and merged with the appropriation for ,farm ,service ,agency1 ,salaries and ,expenses4 ,funds appropriated by this ,act to the ,agricultural ,credit ,insurance ,program ,account for farm ownership1 operating and conservation direct loans and guaranteed loans may be transferred among these programs3 ,provided1 ,that the ,committees on ,appropriations of both ,houses of ,congress are notified at least #ae days in advance of any transfer4 ,risk management agency ,,salaries ,,and ,,expenses ,for necessary expenses of the ,risk ,management ,agency1 #fj1aca1jjj3 ,provided1 ,that #a1jjj1jjj of the amount appropriated under this heading in this ,act shall be available for compliance and integrity activities required under section #eaf7;b77#b77;,c7 of the ,federal ,crop ,insurance ,act of #aich 7#g ,u4,s4,c4 #aeaf7;b77#b77;,c771 and shall be in addition to amounts otherwise provided for such purpose3 ,provided further1 ,that not to exceed #a1jjj shall be available for official reception and representation expenses1 as authorized by #g ,u4,s4,c4 #aejf7;i74 ,natural resources conservation service ,,conservation ,,operations ,for necessary expenses for carrying out the provisions of the ,act of ,april #bg1 #aice 7#af ,u4,s4,c4 #eij;a-f71 including preparation of conservation plans and establishment of measures to conserve soil and water 7including 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 pollutants72 operation of conservation plant materials centers2 classification and mapping of soil2 dissemination of information2 acquisition of lands1 water1 and interests therein for use in the plant materials program by donation1 exchange1 or purchase at a nominal cost not to exceed #ajj pursuant to the ,act of ,august #c1 #aief 7#g ,u4,s4,c4 #bbfh;a72 purchase and erection or alteration or improvement of permanent and temporary buildings2 and operation and maintenance of aircraft1 #hcb1gbg1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that appropriations hereunder shall be available pursuant to #g ,u4,s4,c4 #bbej for construction and improvement of buildings and public improvements at plant materials centers1 except that the cost of alterations and improvements to other buildings and other public improvements shall not exceed #bej1jjj3 ,provided further1 ,that when buildings or other structures are erected on non-,federal land1 that the right to use such land is obtained as provided in #g ,u4,s4,c4 #bbej;a3 ,provided further1 ,that of the amounts made available under this heading1 #c1jjj1jjj shall remain available until expended for planning and implementation assistance associated with land treatment measures that address flood damage reduction1 bank stabilization and erosion control in the watersheds identified under section #ac of the ,flood ,control ,act of ,december #bb1 #aidd 7,public ,law #gh-ecd74 ,,watershed ,,and ,,flood ,,prevention ,,operations ,for necessary expenses to carry out preventive measures1 including but not limited to surveys and investigations1 engineering operations1 works of improvement1 and changes in use of land1 in accordance with the ,watershed ,protection and ,flood ,prevention ,act 7#af ,u4,s4,c4 #ajja-ajje and #ajjg-ajji7 and in accordance with the provisions of laws relating to the activities of the ,department1 #age1jjj1jjj1 to remain available until expended3 ,provided1 ,that for funds provided by this ,act or any other prior ,act1 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 7including structural and land treatment measures73 ,provided further1 ,that of the amounts made available under this heading1 #fe1jjj1jjj shall be allocated to projects and activities that can commence promptly following enactment2 that address regional priorities for flood prevention1 agricultural water management1 inefficient irrigation systems1 fish and wildlife habitat1 or watershed protection2 or that address authorized ongoing projects under the authorities of section #ac of the ,flood ,control ,act of ,december #bb1 #aidd 7,public ,law #gh-ecd7 with a primary purpose of watershed protection by preventing floodwater damage and stabilizing stream channels1 tributaries1 and banks to reduce erosion and sediment transport3 ,provided further1 ,that of the amounts made available under this heading1 #aj1jjj1jjj shall remain available until expended for the authorities under #af ,u4,s4,c4 #ajja-ajje and #ajjg-ajji for authorized ongoing watershed projects with a primary purpose of providing water to rural communities4 ,,watershed ,,rehabilitation ,,program ,under the authorities of section #ad of the ,watershed ,protection and ,flood ,prevention ,act1 #aj1jjj1jjj is provided4 ,,corporations ,the following corporations and agencies are hereby authorized to make expenditures1 within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law1 and to make contracts and commitments without regard to fiscal year limitations as provided by section #ajd 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 agency1 except as hereinafter provided4 ,federal crop insurance corporation fund ,for payments as authorized by section #eaf of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeaf71 such sums as may be necessary1 to remain available until expended4 ,commodity credit corporation fund ,,reimbursement ,,for ,,net ,,realized ,,losses 7,,including ,,transfers ,,of ,,funds7 ,for the current fiscal year1 such sums as may be necessary to reimburse the ,commodity ,credit ,corporation for net realized losses sustained1 but not previously reimbursed1 pursuant to section #b of the ,act of ,august #ag1 #aifa 7#ae ,u4,s4,c4 #gac;a-#aa73 ,provided1 ,that of the funds available to the ,commodity ,credit ,corporation under section #aa of the ,commodity ,credit ,corporation ,charter ,act 7#ae ,u4,s4,c4 #gad;i7 for the conduct of its business with the ,foreign ,agricultural ,service1 up to #e1jjj1jjj 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 business4 ,,hazardous ,,waste ,,management 7,,limitation ,,on ,,expenses7 ,for the current fiscal year1 the ,commodity ,credit ,corporation shall not expend more than #ae1jjj1jjj for site investigation and cleanup expenses1 and operations and maintenance expenses to comply with the requirement of section #ajg7;g7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act 7#db ,u4,s4,c4 #ifjg7;g771 and section #fjja of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fifa74 ,,iii ,,rural ,,development ,,programs ,office of the under secretary for rural development ,for necessary expenses of the ,office of the ,under ,secretary for ,rural ,development1 #hab1jjj3 ,provided1 ,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 ,office4 ,rural development ,,salaries ,,and ,,expenses 7,,including ,,transfers ,,of ,,funds7 ,for necessary expenses for carrying out the administration and implementation of ,rural ,development programs1 including activities with institutions concerning the development and operation of agricultural cooperatives2 and for cooperative agreements2 #bfd1jbd1jjj3 ,provided1 ,that notwithstanding any other provision of law1 funds appropriated under this heading may be used for advertising and promotional activities that support ,rural ,development programs3 ,provided further1 ,that in addition to any other funds appropriated for purposes authorized by section #ejb7;i7 of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adgb7;i771 any amounts collected under such section1 as amended by this ,act1 will immediately be credited to this account and will remain available until expended for such purposes4 ,rural housing service ,,rural ,,housing ,,insurance ,,fund ,,program ,,account 7,,including ,,transfers ,,of ,,funds7 ,for gross obligations for the principal amount of direct and guaranteed loans as authorized by title ,v of the ,housing ,act of #aidi1 to be available from funds in the rural housing insurance fund1 as follows3 #a1jjj1jjj1jjj shall be for direct loans and #bd1jjj1jjj1jjj shall be for unsubsidized guaranteed loans2 #bh1jjj1jjj for section #ejd housing repair loans2 #dj1jjj1jjj for section #eae rental housing2 #bcj1jjj1jjj for section #ech guaranteed multi-family housing loans2 #aj1jjj1jjj for credit sales of single family housing acquired property2 #e1jjj1jjj for section #ebc self-help housing land development loans2 and #e1jjj1jjj for section #ebd site development loans4 ,for the cost of direct and guaranteed loans1 including the cost of modifying loans1 as defined in section #ejb of the ,congressional ,budget ,act of #aigd1 as follows3 section #ejb loans1 #ee1djj1jjj shall be for direct loans2 section #ejd housing repair loans1 #b1bae1jjj2 section #ebc self-help housing land development loans1 #bfi1jjj2 section #ebd site development loans1 #cee1jjj2 and repair1 rehabilitation1 and new construction of section #eae rental housing1 #f1fhh1jjj3 ,provided1 ,that to support the loan program level for section #ech guaranteed loans made available under this heading 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 #aiij 7#b ,u4,s4,c4 #ffa et seq471 and the interest on such loans may not be subsidized3 ,provided further1 ,that applicants in communities that have a current rural area waiver under section #eda of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adijq7 shall be treated as living in a rural area for purposes of section #ejb guaranteed loans provided under this heading3 ,provided further1 ,that of the amounts available under this paragraph for section #ejb direct loans1 no less than #e1jjj1jjj 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 #ebc of the ,housing ,act of #aidi until ,june #a1 #bjba3 ,provided further1 ,that the ,secretary shall implement provisions to provide incentives to nonprofit organizations and public housing authorities to facilitate the acquisition of ,rural ,housing ,service 7,,rhs7 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 ,secretary1 with such incentives to include1 but not be limited to1 the following3 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 syndication1 own contributions1 grants1 and developer loans at favorable rates and terms1 invested in a deal2 and allow reimbursement of organizational costs associated with owner's oversight of asset referred to as ,asset ,management ,fee of up to #g1ejj per property4 ,in addition1 for the cost of direct loans1 grants1 and contracts1 as authorized by sections #ead and #eaf of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adhd1 #adhf71 #ae1jic1jjj1 to remain available until expended1 for direct farm labor housing loans and domestic farm labor housing grants and contracts3 ,provided1 ,that any balances available for the ,farm ,labor ,program ,account shall be transferred to and merged with this account4 ,in addition1 for administrative expenses necessary to carry out the direct and guaranteed loan programs1 #dab1bed1jjj shall be transferred to and merged with the appropriation for ,rural ,development1 ,salaries and ,expenses4 ,,rental ,,assistance ,,program ,for rental assistance agreements entered into or renewed pursuant to the authority under section #eba7;a77#b7 of the ,housing ,act of #aidi or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section #ejb7;c77#e77;,d7 of the ,housing ,act of #aidi1 #a1daj1jjj1jjj1 of which #dj1jjj1jjj shall be available until ,september #cj1 #bjbb2 and in addition such sums as may be necessary1 as authorized by section #eba7;c7 of the ,act1 to liquidate debt incurred prior to fiscal year #aiib to carry out the rental assistance program under section #eba7;a77#b7 of the ,act3 ,provided1 ,that rental assistance agreements entered into or renewed during the current fiscal year shall be funded for a one-year period3 ,provided further1 ,that upon request by an owner of a project financed by an existing loan under section #ead or #eae of the ,act1 the ,secretary may renew the rental assistance agreement for a period of #bj years or until the term of such loan has expired1 subject to annual appropriations3 ,provided further1 ,that any unexpended balances remaining at the end of such one-year agreements may be transferred and used for purposes of any debt reduction1 maintenance1 repair1 or rehabilitation of any existing projects2 preservation2 and rental assistance activities authorized under title ,v of the ,act3 ,provided further1 ,that rental assistance provided under agreements entered into prior to fiscal year #bjba for a farm labor multi-family housing project financed under section #ead or #eaf of the ,act may not be recaptured for use in another project until such assistance has remained unused for a period of #ab consecutive months1 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 assistance3 ,provided further1 ,that such recaptured rental assistance shall1 to the extent practicable1 be applied to another farm labor multi-family housing project financed under section #ead or #eaf of the ,act3 ,provided further1 ,that except as provided in the fourth proviso under this heading and notwithstanding any other provision of the ,act1 the ,secretary may recapture rental assistance provided under agreements entered into prior to fiscal year #bjba for a project that the ,secretary determines no longer needs rental assistance and use such recaptured funds for current needs4 ,,multi-,,family ,,housing ,,revitalization ,,program ,,account ,for the rural housing voucher program as authorized under section #edb of the ,housing ,act of #aidi1 but notwithstanding subsection 7b7 of such section1 and for additional costs to conduct a demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph1 #fh1jjj1jjj1 to remain available until expended3 ,provided1 ,that of the funds made available under this heading1 #dj1jjj1jjj1 shall be available for rural housing vouchers to any low-income household 7including those not receiving rental assistance7 residing in a property financed with a section #eae loan which has been prepaid after ,september #cj1 #bjje3 ,provided further1 ,that the amount of such voucher shall be the difference between comparable market rent for the section #eae unit and the tenant paid rent for such unit3 ,provided further1 ,that funds made available for such vouchers shall be subject to the availability of annual appropriations3 ,provided further1 ,that the ,secretary shall1 to the maximum extent practicable1 administer such vouchers with current regulations and administrative guidance applicable to section #h housing vouchers administered by the ,secretary of the ,department of ,housing and ,urban ,development3 ,provided further1 ,that if the ,secretary determines that the amount made available for vouchers in this or any other ,act is not needed for vouchers1 the ,secretary may use such funds for the demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph3 ,provided further1 ,that of the funds made available under this heading1 #bh1jjj1jjj shall be available for a demonstration program for the preservation and revitalization of the sections #ead1 #eae1 and #eaf multi-family rental housing properties to restructure existing ,,usda multi-family housing loans1 as the ,secretary deems appropriate1 expressly for the purposes of ensuring the project has sufficient resources to preserve the project for the purpose of providing safe and affordable housing for low-income residents and farm laborers including reducing or eliminating interest2 deferring loan payments1 subordinating1 reducing or reamortizing loan debt2 and other financial assistance including advances1 payments and incentives 7including the ability of owners to obtain reasonable returns on investment7 required by the ,secretary3 ,provided further1 ,that the ,secretary shall as part of the preservation and revitalization agreement obtain a restrictive use agreement consistent with the terms of the restructuring3 ,provided further1 ,that if the ,secretary determines that additional funds for vouchers described in this paragraph are needed1 funds for the preservation and revitalization demonstration program may be used for such vouchers3 ,provided further1 ,that if ,congress enacts legislation to permanently authorize a multi-family rental housing loan restructuring program similar to the demonstration program described herein1 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 ,congress3 ,provided further1 ,that in addition to any other available funds1 the ,secretary may expend not more than #a1jjj1jjj total1 from the program funds made available under this heading1 for administrative expenses for activities funded under this heading4 ,,mutual ,,and ,,self-,,help ,,housing ,,grants ,for grants and contracts pursuant to section #ebc7;b77#a77;,a7 of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adij;c71 #ca1jjj1jjj1 to remain available until expended4 ,,rural ,,housing ,,assistance ,,grants ,for grants for very low-income housing repair and rural housing preservation made by the ,rural ,housing ,service1 as authorized by #db ,u4,s4,c4 #adgd1 and #adijm1 #de1jjj1jjj1 to remain available until expended4 ,,rural ,,community ,,facilities ,,program ,,account 7,,including ,,transfers ,,of ,,funds7 ,for gross obligations for the principal amount of direct and guaranteed loans as authorized by section #cjf and described in section #cha;,e7d77#a7 of the ,consolidated ,farm and ,rural ,development ,act1 #b1hjj1jjj1jjj for direct loans and #ejj1jjj1jjj for guaranteed loans4 ,for the cost of direct loans1 loan guarantees and grants1 including the cost of modifying loans1 as defined in section #ejb of the ,congressional ,budget ,act of #aigd1 for rural community facilities programs as authorized by section #cjf and described in section #cha;,e7d77#a7 of the ,consolidated ,farm and ,rural ,development ,act1 #gd1jjj1jjj1 to remain available until expended3 ,provided1 ,that #f1jjj1jjj of the amount appropriated under this heading shall be available for a ,rural ,community ,development ,initiative3 ,provided further1 ,that such funds shall be used solely to develop the capacity and ability of private1 nonprofit community-based housing and community development organizations1 low-income rural communities1 and ,federally ,recognized ,native ,american ,tribes to undertake projects to improve housing1 community facilities1 community and economic development projects in rural areas3 ,provided further1 ,that such funds shall be made available to qualified private1 nonprofit and public intermediary organizations proposing to carry out a program of financial and technical assistance3 ,provided further1 ,that such intermediary organizations shall provide matching funds from other sources1 including ,federal funds for related activities1 in an amount not less than funds provided3 ,provided further1 ,that #f1jjj1jjj of the amount appropriated under this heading shall be to provide grants for facilities in rural communities with extreme unemployment and severe economic depression 7,public ,law #ajf-chg71 with up to #e percent for administration and capacity building in the ,state rural development offices3 ,provided further1 ,that of the amount appropriated under this heading1 #be1jjj1jjj shall be available to cover the subsidy costs for loans or loan guarantees under this heading3 ,provided further1 ,that if any such funds remain unobligated for the subsidy costs after ,june #cj1 #bjba1 the unobligated balance may be transferred to the grant programs funded under this heading3 ,provided further1 ,that any unobligated balances from prior year appropriations under this heading for the cost of direct loans1 loan guarantees and grants1 including amounts deobligated or cancelled1 may be made available to cover the subsidy costs for direct loans and or loan guarantees under this heading in this fiscal year3 ,provided further1 ,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 #aihe3 ,provided further1 ,that #e1jjj1jjj of the amount appropriated under this heading shall be available for community facilities grants to tribal colleges1 as authorized by section #cjf7;a77#ai7 of such ,act3 ,provided further1 ,that sections #cha;,e-,h and #cha,n of the ,consolidated ,farm and ,rural ,development ,act are not applicable to the funds made available under this heading4 ,rural business--,cooperative service ,,rural ,,business ,,program ,,account 7,,including ,,transfers ,,of ,,funds7 ,for the cost of loan guarantees and grants1 for the rural business development programs authorized by section #caj;,b and described in subsections 7a71 7c71 7f7 and 7g7 of section #caj;,b of the ,consolidated ,farm and ,rural ,development ,act1 #ef1djj1jjj1 to remain available until expended3 ,provided1 ,that of the amount appropriated under this heading1 not to exceed #ejj1jjj 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 #i1jjj1jjj shall be for grants to the ,delta ,regional ,authority 7#g ,u4,s4,c4 #bjji;aa et seq471 the ,northern ,border ,regional ,commission 7#dj ,u4,s4,c4 #aeaja et seq471 and the ,appalachian ,regional ,commission 7#dj ,u4,s4,c4 #adaja et seq47 for any ,rural ,community ,advancement ,program purpose as described in section #cha;,e7d7 of the ,consolidated ,farm and ,rural ,development ,act1 of which not more than #e percent may be used for administrative expenses3 ,provided further1 ,that #d1jjj1jjj of the amount appropriated under this heading shall be for business grants to benefit ,federally ,recognized ,native ,american ,tribes1 including #bej1jjj for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development3 ,provided further1 ,that of the amount appropriated under this heading1 not to exceed #b1jjj1jjj shall be for ,rural ,business ,development ,grants in rural coastal communities1 with priority given to ,national ,scenic ,areas that were devastated by wildfires that are in need of economic development assistance1 to support innovation and job growth3 ,provided further1 ,that sections #cha;,e-,h and #cha,n of the ,consolidated ,farm and ,rural ,development ,act are not applicable to funds made available under this heading4 ,,intermediary ,,relending ,,program ,,fund ,,account 7,,including ,,transfer ,,of ,,funds7 ,for the principal amount of direct loans1 as authorized by the ,intermediary ,relending ,program ,fund ,account 7#g ,u4,s4,c4 #aicf;b71 #ah1hhi1jjj4 ,for the cost of direct loans1 #b1ici1jjj1 as authorized by the ,intermediary ,relending ,program ,fund ,account 7#g ,u4,s4,c4 #aicf;b71 of which #eeg1jjj shall be available through ,june #cj1 #bjba1 for ,federally ,recognized ,native ,american ,tribes2 and of which #a1jgb1jjj shall be available through ,june #cj1 #bjba1 for ,mississippi ,delta ,region counties 7as determined in accordance with ,public ,law #ajj-dfj73 ,provided1 ,that such costs1 including the cost of modifying such loans1 shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd4 ,in addition1 for administrative expenses to carry out the direct loan programs1 #d1dfh1jjj shall be transferred to and merged with the appropriation for ,rural ,development1 ,salaries and ,expenses4 ,,rural ,,economic ,,development ,,loans ,,program ,,account ,for the principal amount of direct loans1 as authorized under section #cac;,b7a7 of the ,rural ,electrification ,act1 for the purpose of promoting rural economic development and job creation projects1 #ej1jjj1jjj4 ,the cost of grants authorized under section #cac;,b7a7 of the ,rural ,electrification ,act1 for the purpose of promoting rural economic development and job creation projects shall not exceed #aj1jjj1jjj4 ,,rural ,,cooperative ,,development ,,grants ,for rural cooperative development grants authorized under section #caj;,b7e7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aicb71 #bf1fjj1jjj1 of which #b1hjj1jjj shall be for cooperative agreements for the appropriate technology transfer for rural areas program3 ,provided1 ,that not to exceed #c1jjj1jjj shall be for grants for cooperative development centers1 individual cooperatives1 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 groups2 and of which #ae1jjj1jjj1 to remain available until expended1 shall be for value-added agricultural product market development grants1 as authorized by section #baj;,a of the ,agricultural ,marketing ,act of #aidf1 of which #c1jjj1jjj1 to remain available until expended1 shall be for ,agriculture ,innovation ,centers authorized pursuant to section #fdjb of ,public ,law #ajg-aga4 ,,rural ,,microentrepreneur ,,assistance ,,program ,for the cost of loans and grants1 #f1jjj1jjj under the same terms and conditions as authorized by section #cgi;,e of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjjhs73 ,provided1 ,that such costs of loans1 including the cost of modifying such loans1 shall be defined in section #ejb of the ,congressional ,budget ,act of #aigd4 ,,rural ,,energy ,,for ,,america ,,program ,for the cost of a program of loan guarantees1 under the same terms and conditions as authorized by section #ijjg of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg71 #cib1jjj3 ,provided1 ,that the cost of loan guarantees1 including the cost of modifying such loans1 shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd4 ,rural utilities service ,,rural ,,water ,,and ,,waste ,,disposal ,,program ,,account 7,,including ,,transfers ,,of ,,funds7 ,for gross obligations for the principal amount of direct and guaranteed loans as authorized by section #cjf and described in section #cha;,e7d77#b7 of the ,consolidated ,farm and ,rural ,development ,act1 as follows3 #a1djj1jjj1jjj for direct loans2 and #ej1jjj1jjj for guaranteed loans4 ,for the cost of loan guarantees and grants1 including the cost of modifying loans1 as defined in section #ejb of the ,congressional ,budget ,act of #aigd1 for rural water1 waste water1 waste disposal1 and solid waste management programs authorized by sections #cjf1 #cjf;,a1 #cjf;,c1 #cjf;,d1 #cjf;,e1 and #caj;,b and described in sections #cjf;,c7a77#b71 #cjf;,d1 #cjf;,e1 and #cha;,e7d77#b7 of the ,consolidated ,farm and ,rural ,development ,act1 #fba1efg1jjj1 to remain available until expended1 of which not to exceed #a1jjj1jjj shall be available for the rural utilities program described in section #cjf7;a77#b77;,b7 of such ,act1 and of which not to exceed #e1jjj1jjj shall be available for the rural utilities program described in section #cjf;,e of such ,act3 ,provided1 ,that not to exceed #ae1jjj1jjj of the amount appropriated under this heading shall be for grants authorized by section #cjf;,a7i77#b7 of the ,consolidated ,farm and ,rural ,development ,act in addition to funding authorized by section #cjf;,a7i77#a7 of such ,act3 ,provided further1 ,that #fh1jjj1jjj of the amount appropriated under this heading shall be for loans and grants including water and waste disposal systems grants authorized by section #cjf;,c7a77#b77;,b7 and section #cjf;,d of the ,consolidated ,farm and ,rural ,development ,act1 and ,federally ,recognized ,native ,american ,tribes authorized by #cjf;,c7a77#a7 of such ,act3 ,provided further1 ,that funding provided for section #cjf;,d of the ,consolidated ,farm and ,rural ,development ,act may be provided to a consortium formed pursuant to section #cbe of ,public ,law #aje-hc3 ,provided further1 ,that not more than #b percent of the funding provided for section #cjf;,d 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 #b percent of the funding provided for section #cjf;,d of the ,consolidated ,farm and ,rural ,development ,act may be used by a consortium formed pursuant to section #cbe of ,public ,law #aje-hc for training and technical assistance programs3 ,provided further1 ,that not to exceed #ce1jjj1jjj of the amount appropriated under this heading shall be for technical assistance grants for rural water and waste systems pursuant to section #cjf7;a77#ad7 of such ,act1 unless the ,secretary makes a determination of extreme need1 of which #h1jjj1jjj shall be made available for a grant to a qualified nonprofit multi-,state regional technical assistance organization1 with experience in working with small communities on water and waste water problems1 the principal purpose of such grant shall be to assist rural communities with populations of #c1cjj or less1 in improving the planning1 financing1 development1 operation1 and management of water and waste water systems1 and of which not less than #hjj1jjj shall be for a qualified national ,native ,american organization to provide technical assistance for rural water systems for tribal communities3 ,provided further1 ,that not to exceed #bj1aeg1jjj 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 systems3 ,provided further1 ,that not to exceed #d1jjj1jjj of the amounts made available under this heading shall be for solid waste management grants3 ,provided further1 ,that #aj1jjj1jjj of the amount appropriated under this heading shall be transferred to1 and merged with1 the ,rural ,utilities ,service1 ,high ,energy ,cost ,grants ,account to provide grants authorized under section #ai of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iah;a73 ,provided further1 ,that any prior year balances for high-energy cost grants authorized by section #ai of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iah;a7 shall be transferred to and merged with the ,rural ,utilities ,service1 ,high ,energy ,cost ,grants ,account3 ,provided further1 ,that sections #cha;,e-,h and #cha,n of the ,consolidated ,farm and ,rural ,development ,act are not applicable to the funds made available under this heading4 ,,rural ,,electrification ,,and ,,telecommunications ,,loans ,,program ,,account 7,,including ,,transfer ,,of ,,funds7 ,the principal amount of direct and guaranteed loans as authorized by sections #cje1 #cjf1 and #cag of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #ice1 #icf1 and #idj;g7 shall be made as follows3 loans made pursuant to sections #cje1 #cjf1 and #cag1 notwithstanding #cag7;c71 of that ,act1 rural electric1 #e1ejj1jjj1jjj2 guaranteed underwriting loans pursuant to section #cac;,a of that ,act1 #gej1jjj1jjj2 #e percent rural telecommunications loans1 cost of money rural telecommunications loans1 and for loans made pursuant to section #cjf of that ,act1 rural telecommunications loans1 #fij1jjj1jjj3 ,provided1 ,that up to #b1jjj1jjj1jjj shall be used for the construction1 acquisition1 design and engineering or improvement of fossil-fueled electric generating plants 7whether new or existing7 that utilize carbon subsurface utilization and storage systems4 ,for the cost of direct loans as authorized by section #cje of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #ice71 including the cost of modifying loans1 as defined in section #ejb of the ,congressional ,budget ,act of #aigd1 cost of money rural telecommunications loans1 #b1bgg1jjj4 ,in addition1 for administrative expenses necessary to carry out the direct and guaranteed loan programs1 #cc1bgj1jjj1 which shall be transferred to and merged with the appropriation for ,rural ,development1 ,salaries and ,expenses4 ,,distance ,,learning1 ,,telemedicine1 ,,and ,,broadband ,,program ,for the principal amount of broadband telecommunication loans1 #aa1hfi1jjj4 ,for grants for telemedicine and distance learning services in rural areas1 as authorized by #g ,u4,s4,c4 #iej;aaa et seq41 #fj1jjj1jjj1 to remain available until expended3 ,provided1 ,that #c1jjj1jjj shall be made available for grants authorized by section #cgi;,g of the ,consolidated ,farm and ,rural ,development ,act3 ,provided further1 ,that funding provided under this heading for grants under section #cgi;,g 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 section4 ,for the cost of broadband loans1 as authorized by section #fja of the ,rural ,electrification ,act1 #b1jjj1jjj1 to remain available until expended3 ,provided1 ,that the cost of direct loans shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd4 ,in addition1 #ce1jjj1jjj1 to remain available until expended1 for the ,community ,connect ,grant ,program authorized by #g ,u4,s4,c4 #iej;bb-#c4 ,,iv ,,domestic ,,food ,,programs ,office of the ,under ,secretary for ,food1 ,nutrition1 and ,consumer ,services ,for necessary expenses of the ,office of the ,under ,secretary for ,food1 ,nutrition1 and ,consumer ,services1 #hji1jjj3 ,provided1 ,that funds made available by this ,act to an agency in the ,food1 ,nutrition and ,consumer ,services mission area for salaries and expenses are available to fund up to one administrative support staff for the ,office4 ,food and ,nutrition ,service ,,child ,,nutrition ,,programs 7,,including ,,transfers ,,of ,,funds7 ,for necessary expenses to carry out the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq471 except section #ba1 and the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga et seq471 except sections #ag and #ba2 #be1aah1ddj1jjj to remain available through ,september #cj1 #bjbb1 of which such sums as are made available under section #adbbb7;b77#a7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7,public ,law #aaj-bdf71 as amended by this ,act1 shall be merged with and available for the same time period and purposes as provided herein3 ,provided1 ,that of the total amount available1 #ah1jjd1jjj shall be available to carry out section #ai of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga et seq473 ,provided further1 ,that of the total amount available1 #ae1bii1jjj shall be available to carry out studies and evaluations and shall remain available until expended3 ,provided further1 ,that of the total amount available1 #cj1jjj1jjj shall be available to provide competitive grants to ,state agencies for subgrants to local educational agencies and schools to purchase the equipment1 with a value of greater than #a1jjj1 needed to serve healthier meals1 improve food safety1 and to help support the establishment1 maintenance1 or expansion of the school breakfast program3 ,provided further1 ,that of the total amount available1 #db1jjj1jjj shall remain available until expended to carry out section #gdi7;g7 of the ,agriculture ,appropriations ,act of #bjaj 7,public ,law #aaa-hj73 ,provided further1 ,that section #bf7;d7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfi;g7d77 is amended in the first sentence by striking #bjaj through #bjba and inserting #bjaj through #bjbb3 ,provided further1 ,that section #i7;h77#c7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #ageh7;h77#c77 is amended in the first sentence by striking ,for fiscal year #bjbj and inserting ,for fiscal year #bjba3 ,provided further1 ,that section #i7;h77#d7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #ageh7;h77#d77 is amended in the first sentence by striking ,for fiscal year #bjbj and inserting ,for fiscal year #bjba4 ,,special ,,supplemental ,,nutrition ,,program ,,for ,,women1 ,,infants1 ,,and ,,children 7,,wic7 ,for necessary expenses to carry out the special supplemental nutrition program as authorized by section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf71 #f1jjj1jjj1jjj1 to remain available through ,september #cj1 #bjbb3 ,provided1 ,that notwithstanding section #ag7;h77#aj7 of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf7;h77#aj771 not less than #ij1jjj1jjj shall be used for breastfeeding peer counselors and other related activities1 and #ad1jjj1jjj shall be used for infrastructure3 ,provided further1 ,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 #ag of such ,act3 ,provided further1 ,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 #ag of such ,act3 ,provided further1 ,that upon termination of a federally mandated vendor moratorium and subject to terms and conditions established by the ,secretary1 the ,secretary may waive the requirement at #g ,,cfr #bdf4ab7;g77#f7 at the request of a ,state agency4 ,,supplemental ,,nutrition ,,assistance ,,program ,for necessary expenses to carry out the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq471 #aad1jce1egh1jjj1 of which #c1jjj1jjj1jjj1 to remain available through ,september #cj1 #bjbc1 shall be placed in reserve for use only in such amounts and at such times as may become necessary to carry out program operations3 ,provided1 ,that funds provided herein shall be expended in accordance with section #af of the ,food and ,nutrition ,act of #bjjh3 ,provided further1 ,that of the funds made available under this heading1 #iih1jjj may be used to provide nutrition education services to ,state agencies and ,federally ,recognized ,tribes participating in the ,food ,distribution ,program on ,indian ,reservations3 ,provided further1 ,that this appropriation shall be subject to any work registration or workfare requirements as may be required by law3 ,provided further1 ,that funds made available for ,employment and ,training under this heading shall remain available through ,september #cj1 #bjbb3 ,provided further1 ,that funds made available under this heading for section #bh7;d77#a71 section #d7;b71 and section #bg7;a7 of the ,food and ,nutrition ,act of #bjjh shall remain available through ,september #cj1 #bjbb3 ,provided further1 ,that with respect to funds made available under this heading for section #bh7;d77#a71 the ,secretary shall use #b percent for administration1 training and technical assistance1 and pilot projects under section #bh3 ,provided further1 ,that none of the funds made available under this heading may be obligated or expended in contravention of section #bac;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahc;,a73 ,provided further1 ,that funds made available under this heading may be used to enter into contracts and employ staff to conduct studies1 evaluations1 or to conduct activities related to program integrity provided that such activities are authorized by the ,food and ,nutrition ,act of #bjjh4 ,,commodity ,,assistance ,,program ,for necessary expenses to carry out disaster assistance and the ,commodity ,supplemental ,food ,program as authorized by section #d7;a7 of the ,agriculture and ,consumer ,protection ,act of #aigc 7#g ,u4,s4,c4 #fab;c note72 the ,emergency ,food ,assistance ,act of #aihc2 special assistance for the nuclear affected islands1 as authorized by section #ajc7;f77#b7 of the ,compact of ,free ,association ,amendments ,act of #bjjc 7,public ,law #ajh-ahh72 and the ,farmers' ,market ,nutrition ,program1 as authorized by section #ag7m7 of the ,child ,nutrition ,act of #aiff1 #dbf1gjj1jjj1 to remain available through ,september #cj1 #bjbb3 ,provided1 ,that none of these funds shall be available to reimburse the ,commodity ,credit ,corporation for commodities donated to the program3 ,provided further1 ,that notwithstanding any other provision of law1 effective with funds made available in fiscal year #bjba to support the ,seniors ,farmers' ,market ,nutrition ,program1 as authorized by section #ddjb of the ,farm ,security and ,rural ,investment ,act of #bjjb1 such funds shall remain available through ,september #cj1 #bjbb3 ,provided further1 ,that of the funds made available under section #bg7;a7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjcf7;a771 the ,secretary may use up to #bj percent for costs associated with the distribution of commodities4 ,,nutrition ,,programs ,,administration ,for necessary administrative expenses of the ,food and ,nutrition ,service for carrying out any domestic nutrition assistance program1 #aef1hje1jjj3 ,provided1 ,that of the funds provided herein1 #b1jjj1jjj shall be used for the purposes of section #ddjd of ,public ,law #ajg-aga1 as amended by section #ddja of ,public ,law #aaj-bdf4 ,v ,,foreign ,,assistance ,,and ,,related ,,programs ,office of the ,under ,secretary for ,trade and ,foreign ,agricultural ,affairs ,for necessary expenses of the ,office of the ,under ,secretary for ,trade and ,foreign ,agricultural ,affairs1 #hhg1jjj3 ,provided1 ,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 ,office4 ,,office ,,of ,,codex ,,alimentarius ,for necessary expenses of the ,office of ,codex ,alimentarius1 #d1hje1jjj1 including not to exceed #dj1jjj for official reception and representation expenses4 ,foreign ,agricultural ,service ,,salaries ,,and ,,expenses 7,,including ,,transfers ,,of ,,funds7 ,for necessary expenses of the ,foreign ,agricultural ,service1 including not to exceed #bej1jjj for representation allowances and for expenses pursuant to section #h of the ,act approved ,august #c1 #aief 7#g ,u4,s4,c4 #agff71 #bba1hce1jjj1 of which no more than #f percent shall remain available until ,september #cj1 #bjbb1 for overseas operations to include the payment of locally employed staff3 ,provided1 ,that the ,service may utilize advances of funds1 or reimburse this appropriation for expenditures made on behalf of ,federal agencies1 public and private organizations and institutions under agreements executed pursuant to the agricultural food production assistance programs 7#g ,u4,s4,c4 #agcg7 and the foreign assistance programs of the ,united ,states ,agency for ,international ,development3 ,provided further1 ,that funds made available for middle-income country training programs1 funds made available for the ,borlaug ,international ,agricultural ,science and ,technology ,fellowship program1 and up to #b1jjj1jjj of the ,foreign ,agricultural ,service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates1 subject to documentation by the ,foreign ,agricultural ,service1 shall remain available until expended4 ,,food ,,for ,,peace ,,title ,i ,,direct ,,credit ,,and ,,food ,,for ,,progress ,,program ,,account 7,,including ,,transfer ,,of ,,funds7 ,for administrative expenses to carry out the credit program of title ,i1 ,food for ,peace ,act 7,public ,law #hc-dhj7 and the ,food for ,progress ,act of #aihe1 #aab1jjj1 shall be transferred to and merged with the appropriation for ,farm ,production and ,conservation ,business ,center1 ,salaries and ,expenses4 ,,food ,,for ,,peace ,,title ,,ii ,,grants ,for expenses during the current fiscal year1 not otherwise recoverable1 and unrecovered prior years' costs1 including interest thereon1 under the ,food for ,peace ,act 7,public ,law #hc-dhj71 for commodities supplied in connection with dispositions abroad under title ,,ii of said ,act1 #a1gdj1jjj1jjj1 to remain available until expended4 ,,mcgovern-,,dole ,,international ,,food ,,for ,,education ,,and ,,child ,,nutrition ,,program ,,grants ,for necessary expenses to carry out the provisions of section #cajg of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #agcfo-#a71 #bcj1jjj1jjj1 to remain available until expended3 ,provided1 ,that the ,commodity ,credit ,corporation is authorized to provide the services1 facilities1 and authorities for the purpose of implementing such section1 subject to reimbursement from amounts provided herein3 ,provided further1 ,that of the amount made available under this heading1 not more than #aj percent1 but not less than #bc1jjj1jjj1 shall remain available until expended to purchase agricultural commodities as described in subsection #cajg7;a77#b7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #agcfo-#a7;a77#b774 ,,commodity ,,credit ,,corporation ,,export 7,,loans7 ,,credit ,,guarantee ,,program ,,account 7,,including ,,transfers ,,of ,,funds7 ,for administrative expenses to carry out the ,commodity ,credit ,corporation's ,export ,guarantee ,program1 ,,gsm #ajb and ,,gsm #ajc1 #f1cha1jjj1 to cover common overhead expenses as permitted by section #aa of the ,commodity ,credit ,corporation ,charter ,act and in conformity with the ,federal ,credit ,reform ,act of #aiij1 of which #f1jfc1jjj shall be transferred to and merged with the appropriation for ,foreign ,agricultural ,service1 ,salaries and ,expenses1 and of which #cah1jjj shall be transferred to and merged with the appropriation for ,farm ,production and ,conservation ,business ,center1 ,salaries and ,expenses4 ,,vi ,,related ,,agency ,,and ,,food ,,and ,,drug ,,administration ,department of ,health and ,human ,services ,,food ,,and ,,drug ,,administration ,,salaries ,,and ,,expenses 7,,including ,,transfers ,,of ,,funds7 ,for necessary expenses of the ,food and ,drug ,administration1 including hire and purchase of passenger motor vehicles2 for payment of space rental and related costs pursuant to ,public ,law #ib-cac for programs and activities of the ,food and ,drug ,administration which are included in this ,act2 for rental of special purpose space in the ,district of ,columbia or elsewhere2 in addition to amounts appropriated to the ,,fda ,innovation ,account1 for carrying out the activities described in section #ajjb7;b77#d7 of the #bast ,century ,cures ,act 7,public ,law #aad-bee72 for miscellaneous and emergency expenses of enforcement activities1 authorized and approved by the ,secretary and to be accounted for solely on the ,secretary's certificate1 not to exceed #be1jjj2 and notwithstanding section #eba of ,public ,law #ajg-ahh2 #e1hgf1jbe1jjj3 ,provided1 ,that of the amount provided under this heading1 #a1ajg1aii1jjj shall be derived from prescription drug user fees authorized by #ba ,u4,s4,c4 #cgi;h1 and shall be credited to this account and remain available until expended2 #bcf1jei1jjj shall be derived from medical device user fees authorized by #ba ,u4,s4,c4 #cgi;j1 and shall be credited to this account and remain available until expended2 #ebj1bjh1jjj shall be derived from human generic drug user fees authorized by #ba ,u4,s4,c4 #cgi;j-#db1 and shall be credited to this account and remain available until expended2 #db1did1jjj shall be derived from biosimilar biological product user fees authorized by #ba ,u4,s4,c4 #cgi;j-#eb1 and shall be credited to this account and remain available until expended2 #cc1cdj1jjj shall be derived from animal drug user fees authorized by #ba ,u4,s4,c4 #cgi;j-#ab1 and shall be credited to this account and remain available until expended2 #bb1gig1jjj shall be derived from generic new animal drug user fees authorized by #ba ,u4,s4,c4 #cgi;j-#ba1 and shall be credited to this account and remain available until expended2 #gab1jjj1jjj shall be derived from tobacco product user fees authorized by #ba ,u4,s4,c4 #chgs1 and shall be credited to this account and remain available until expended3 ,provided further1 ,that in addition to and notwithstanding any other provision under this heading1 amounts collected for prescription drug user fees1 medical device user fees1 human generic drug user fees1 biosimilar biological product user fees1 animal drug user fees1 and generic new animal drug user fees that exceed the respective fiscal year #bjba limitations are appropriated and shall be credited to this account and remain available until expended3 ,provided further1 ,that fees derived from prescription drug1 medical device1 human generic drug1 biosimilar biological product1 animal drug1 and generic new animal drug assessments for fiscal year #bjba1 including any such fees collected prior to fiscal year #bjba but credited for fiscal year #bjba1 shall be subject to the fiscal year #bjba limitations3 ,provided further1 ,that the ,secretary may accept payment during fiscal year #bjba of user fees specified under this heading and authorized for fiscal year #bjbb1 prior to the due date for such fees1 and that amounts of such fees assessed for fiscal year #bjbb for which the ,secretary accepts payment in fiscal year #bjba shall not be included in amounts under this heading3 ,provided further1 ,that none of these funds shall be used to develop1 establish1 or operate any program of user fees authorized by #ca ,u4,s4,c4 #igja3 ,provided further1 ,that of the total amount appropriated3 7#a7 #a1jii1afj1jjj shall be for the ,center for ,food ,safety and ,applied ,nutrition and related field activities in the ,office of ,regulatory ,affairs1 of which no less than #ae1jjj1jjj shall be used for inspections of foreign seafood manufacturers and field examinations of imported seafood2 7#b7 #a1iif1abf1jjj shall be for the ,center for ,drug ,evaluation and ,research and related field activities in the ,office of ,regulatory ,affairs2 7#c7 #dcg1jga1jjj shall be for the ,center for ,biologics ,evaluation and ,research and for related field activities in the ,office of ,regulatory ,affairs2 7#d7 #bdd1cej1jjj shall be for the ,center for ,veterinary ,medicine and for related field activities in the ,office of ,regulatory ,affairs2 7#e7 #fji1aba1jjj shall be for the ,center for ,devices and ,radiological ,health and for related field activities in the ,office of ,regulatory ,affairs2 7#f7 #ff1gab1jjj shall be for the ,national ,center for ,toxicological ,research2 7#g7 #fha1eac1jjj shall be for the ,center for ,tobacco ,products and for related field activities in the ,office of ,regulatory ,affairs2 7#h7 #ahh1gjg1jjj shall be for ,rent and ,related activities1 of which #eb1idd1jjj is for ,white ,oak ,consolidation1 other than the amounts paid to the ,general ,services ,administration for rent2 7#i7 #bce1aab1jjj shall be for payments to the ,general ,services ,administration for rent2 and 7#aj7 #cah1aec1jjj shall be for other activities1 including the ,office of the ,commissioner of ,food and ,drugs1 the ,office of ,food ,policy and ,response1 the ,office of ,operations1 the ,office of the ,chief ,scientist1 and central services for these offices3 ,provided further1 ,that not to exceed #be1jjj of this amount shall be for official reception and representation expenses1 not otherwise provided for1 as determined by the ,commissioner3 ,provided further1 ,that any transfer of funds pursuant to section #ggj7n7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cgi;dd7n77 shall only be from amounts made available under this heading for other activities3 ,provided further1 ,that of the amounts that are made available under this heading for other activities1 and that are not derived from user fees1 #a1ejj1jjj 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 ,administration3 ,provided further1 ,that funds may be transferred from one specified activity to another with the prior approval of the ,committees on ,appropriations of both ,houses of ,congress4 ,in addition1 mammography user fees authorized by #db ,u4,s4,c4 #bfc;b1 export certification user fees authorized by #ba ,u4,s4,c4 #cha1 priority review user fees authorized by #ba ,u4,s4,c4 #cfjn and #cfj;ff1 food and feed recall fees1 food reinspection fees1 and voluntary qualified importer program fees authorized by #ba ,u4,s4,c4 #cgi;j-#ca1 outsourcing facility fees authorized by #ba ,u4,s4,c4 #cgi;j-#fb1 prescription drug wholesale distributor licensing and inspection fees authorized by #ba ,u4,s4,c4 #cec7;e77#c71 third-party logistics provider licensing and inspection fees authorized by #ba ,u4,s4,c4 #cfj;eee-#c7;c77#a71 third-party auditor fees authorized by #ba ,u4,s4,c4 #chd;d7c77#h71 medical countermeasure priority review voucher user fees authorized by #ba ,u4,s4,c4 #cfj;bbb-#d;a1 and fees relating to over-the-counter monograph drugs authorized by #ba ,u4,s4,c4 #cgi;j-#gb shall be credited to this account1 to remain available until expended4 ,,buildings ,,and ,,facilities ,for plans1 construction1 repair1 improvement1 extension1 alteration1 demolition1 and purchase of fixed equipment or facilities of or used by the ,food and ,drug ,administration1 where not otherwise provided1 #ab1ghh1jjj1 to remain available until expended4 ,,fda ,,innovation ,,account1 ,,cures ,,act 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses to carry out the purposes described under section #ajjb7;b77#d7 of the #bast ,century ,cures ,act1 in addition to amounts available for such purposes under the heading ,salaries and ,expenses1 #gj1jjj1jjj1 to remain available until expended3 ,provided1 ,that amounts appropriated in this paragraph are appropriated pursuant to section #ajjb7;b77#c7 of the #bast ,century ,cures ,act1 are to be derived from amounts transferred under section #ajjb7;b77#b77;,a7 of such ,act1 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 ,act3 ,provided further1 ,that upon a determination by the ,commissioner that funds transferred pursuant to the previous proviso are not necessary for the purposes provided1 such amounts may be transferred back to the account3 ,provided further1 ,that such transfer authority is in addition to any other transfer authority provided by law4 ,,independent ,,agency ,farm ,credit ,administration ,,limitation ,,on ,,administrative ,,expenses ,not to exceed #hj1djj1jjj 7from assessments collected from farm credit institutions1 including the ,federal ,agricultural ,mortgage ,corporation7 shall be obligated during the current fiscal year for administrative expenses as authorized under #ab ,u4,s4,c4 #bbdi3 ,provided1 ,that this limitation shall not apply to expenses associated with receiverships3 ,provided further1 ,that the agency may exceed this limitation by up to #aj percent with notification to the ,committees on ,appropriations of both ,houses of ,congress3 ,provided further1 ,that the purposes of section #c4g7;b77#b77;,a77i7 of the ,farm ,credit ,act of #aiga 7#ab ,u4,s4,c4 #babh7;b77#b77;,a77i771 the ,farm ,credit ,administration may exempt1 an amount in its sole discretion1 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 7,,ii7 of the clause4 ,,vii ,,general ,,provisions 7,,including ,,rescissions ,,and ,,transfers ,,of ,,funds7 #gja4 ,the ,secretary may use any appropriations made available to the ,department of ,agriculture in this ,act to purchase new passenger motor vehicles1 in addition to specific appropriations for this purpose1 so long as the total number of vehicles purchased in fiscal year #bjba does not exceed the number of vehicles owned or leased in fiscal year #bjah3 ,provided1 ,that1 prior to purchasing additional motor vehicles1 the ,secretary must determine that such vehicles are necessary for transportation safety1 to reduce operational costs1 and for the protection of life1 property1 and public safety3 ,provided further1 ,that the ,secretary may not increase the ,department of ,agriculture's fleet above the #bjah level unless the ,secretary notifies in writing1 and receives approval from1 the ,committees on ,appropriations of both ,houses of ,congress within #cj days of the notification4 #gjb4 ,notwithstanding any other provision of this ,act1 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 financial1 administrative1 and information technology services of primary benefit to the agencies of the ,department of ,agriculture1 such transferred funds to remain available until expended3 ,provided1 ,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 administrator3 ,provided further1 ,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 ,congress3 ,provided further1 ,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 #gaf of this ,act3 ,provided further1 ,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 initiate1 plan1 develop1 implement1 or make any changes to remove or relocate any systems1 missions1 personnel1 or functions of the offices of the ,chief ,financial ,officer and the ,chief ,information ,officer1 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 #gaf of this ,act3 ,provided further1 ,that the ,national ,finance ,center ,information ,technology ,services ,division personnel and data center management responsibilities1 and control of any functions1 missions1 and systems for current and future human resources management and integrated personnel and payroll systems 7,,pps7 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 ,center3 ,provided further1 ,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 including1 but not limited to1 payroll1 financial management1 and human capital shared services and allow the ,national ,finance ,center to perform technology upgrades3 ,provided further1 ,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 ,center1 the ,secretary shall reserve not more than #d percent for the replacement or acquisition of capital equipment1 including equipment for the improvement1 delivery1 and implementation of financial1 administrative1 and information technology services1 and other systems of the ,national ,finance ,center or to pay any unforeseen1 extraordinary cost of the ,national ,finance ,center3 ,provided further1 ,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 ,congress3 ,provided further1 ,that the limitations on the obligation of funds pending notification to ,congressional ,committees shall not apply to any obligation that1 as determined by the ,secretary1 is necessary to respond to a declared state of emergency that significantly impacts the operations of the ,national ,finance ,center2 or to evacuate employees of the ,national ,finance ,center to a safe haven to continue operations of the ,national ,finance ,center4 #gjc4 ,no part of any appropriation contained in this ,act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein4 #gjd4 ,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 #aj 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 parties4 ,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 ,act4 #gje4 ,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 accounts3 the ,rural ,development ,loan ,fund program account1 the ,rural ,electrification and ,telecommunication ,loans program account1 and the ,rural ,housing ,insurance ,fund program account4 #gjf4 ,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 upgrades1 as determined by the ,office of the ,chief ,information ,officer1 without the approval of the ,chief ,information ,officer and the concurrence of the ,executive ,information ,technology ,investment ,review ,board3 ,provided1 ,that notwithstanding any other provision of law1 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 ,congress3 ,provided further1 ,that1 notwithstanding section #aacai of title #dj1 ,united ,states ,code1 none of the funds available to the ,department of ,agriculture for information technology shall be obligated for projects1 contracts1 or other agreements over #be1jjj prior to receipt of written approval by the ,chief ,information ,officer3 ,provided further1 ,that the ,chief ,information ,officer may authorize an agency to obligate funds without written approval from the ,chief ,information ,officer for projects1 contracts1 or other agreements up to #bej1jjj based upon the performance of an agency measured against the performance plan requirements described in the explanatory statement accompanying ,public ,law #aac-bce4 #gjg4 ,funds made available under section #ebd7;b7 of the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aebd7;b77 in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year4 #gjh4 ,notwithstanding any other provision of law1 any former ,rural ,utilities ,service borrower that has repaid or prepaid an insured1 direct or guaranteed loan under the ,rural ,electrification ,act of #aicf1 or any not-for-profit utility that is eligible to receive an insured or direct loan under such ,act1 shall be eligible for assistance under section #cac;,b7a7 of such ,act in the same manner as a borrower under such ,act4 #gji4 7a7 ,except as otherwise specifically provided by law1 not more than #bj1jjj1jjj in unobligated balances from appropriations made available for salaries and expenses in this ,act for the ,farm ,service ,agency shall remain available through ,september #cj1 #bjbb1 for information technology expenses4 7b7 ,except as otherwise specifically provided by law1 not more than #bj1jjj1jjj 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 #cj1 #bjbb1 for information technology expenses4 #gaj4 ,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 #cja-aj4abb through #cja-aj4abd of title #da1 ,code of ,federal ,regulations4 #gaa4 ,in the case of each program established or amended by the ,agricultural ,act of #bjad 7,public ,law #aac-gi7 or by a successor to that ,act1 other than by title ,i or subtitle ,a of title ,,iii of such ,act1 or programs for which indefinite amounts were provided in that ,act1 that is authorized or required to be carried out using funds of the ,commodity ,credit ,corporation-- 7#a7 such funds shall be available for salaries and related administrative expenses1 including technical assistance1 associated with the implementation of the program1 without regard to the limitation on the total amount of allotments and fund transfers contained in section #aa of the ,commodity ,credit ,corporation ,charter ,act 7#ae ,u4,s4,c4 #gad;i72 and 7#b7 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 section4 #gab4 ,of the funds made available by this ,act1 not more than #b1ijj1jjj shall be used to cover necessary expenses of activities related to all advisory committees1 panels1 commissions1 and task forces of the ,department of ,agriculture1 except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants4 #gac4 7a7 ,none of the funds made available in this ,act may be used to maintain or establish a computer network unless such network blocks the viewing1 downloading1 and exchanging of pornography4 7b7 ,nothing in subsection 7a7 shall limit the use of funds necessary for any ,federal1 ,state1 tribal1 or local law enforcement agency or any other entity carrying out criminal investigations1 prosecution1 or adjudication activities4 #gad4 ,notwithstanding subsection 7b7 of section #adbbb of ,public ,law #aaj-bdf 7#g ,u4,s4,c4 #fab;c-#f2 in this section referred to as section #adbbb71 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 #cb of the ,act of ,august #bd1 #aice 7#g ,u4,s4,c4 #fab;c2 in this section referred to as section #cb7 in excess of #a1cei1hfd1jjj 7exclusive of carryover appropriations from prior fiscal years71 as follows3 ,child ,nutrition ,programs ,entitlement ,commodities-- #dhe1jjj1jjj2 ,state ,option ,contracts-- #e1jjj1jjj2 ,removal of ,defective ,commodities-- #b1ejj1jjj2 ,administration of ,section #cb ,commodity ,purchases-- #cf1gdf1jjj3 ,provided1 ,that of the total funds made available in the matter preceding this proviso that remain unobligated on ,october #a1 #bjba1 such unobligated balances shall carryover into fiscal year #bjbb and shall remain available until expended for any of the purposes of section #cb1 except that any such carryover funds used in accordance with clause 7#c7 of section #cb may not exceed #cej1jjj1jjj 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 advance3 ,provided further1 ,that1 with the exception of any available carryover funds authorized in any prior appropriations ,act to be used for the purposes of clause 7#c7 of section #cb1 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 7#c7 of section #cb4 #gae4 ,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 ,agriculture1 ,rural ,development1 ,food and ,drug ,administration1 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 #bjbb appropriations ,act4 #gaf4 7a7 ,none of the funds provided by this ,act1 or provided by previous appropriations ,acts to the agencies funded by this ,act that remain available for obligation or expenditure in the current fiscal year1 or provided from any accounts in the ,treasury derived by the collection of fees available to the agencies funded by this ,act1 shall be available for obligation or expenditure through a reprogramming1 transfer of funds1 or reimbursements as authorized by the ,economy ,act1 or in the case of the ,department of ,agriculture1 through use of the authority provided by section #gjb7;b7 of the ,department of ,agriculture ,organic ,act of #aidd 7#g ,u4,s4,c4 #bbeg7 or section #h of ,public ,law #hi-ajf 7#g ,u4,s4,c4 #bbfc71 that-- 7#a7 creates new programs2 7#b7 eliminates a program1 project1 or activity2 7#c7 increases funds or personnel by any means for any project or activity for which funds have been denied or restricted2 7#d7 relocates an office or employees2 7#e7 reorganizes offices1 programs1 or activities2 or 7#f7 contracts out or privatizes any functions or activities presently performed by ,federal employees2 unless the ,secretary of ,agriculture or the ,secretary of ,health and ,human ,services 7as the case may be7 notifies in writing and receives approval from the ,committees on ,appropriations of both ,houses of ,congress at least #cj days in advance of the reprogramming of such funds or the use of such authority4 7b7 ,none of the funds provided by this ,act1 or provided by previous ,appropriations ,acts to the agencies funded by this ,act that remain available for obligation or expenditure in the current fiscal year1 or provided from any accounts in the ,treasury derived by the collection of fees available to the agencies funded by this ,act1 shall be available for obligation or expenditure for activities1 programs1 or projects through a reprogramming or use of the authorities referred to in subsection 7a7 involving funds in excess of #ejj1jjj or #aj percent1 whichever is less1 that-- 7#a7 augments existing programs1 projects1 or activities2 7#b7 reduces by #aj percent funding for any existing program1 project1 or activity1 or numbers of personnel by #aj percent as approved by ,congress2 or 7#c7 results from any general savings from a reduction in personnel which would result in a change in existing programs1 activities1 or projects as approved by ,congress2 unless the ,secretary of ,agriculture or the ,secretary of ,health and ,human ,services 7as the case may be7 notifies in writing and receives approval from the ,committees on ,appropriations of both ,houses of ,congress at least #cj days in advance of the reprogramming or transfer of such funds or the use of such authority4 7c7 ,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 ,act4 7d7 ,none of the funds provided by this ,act1 or provided by previous ,appropriations ,acts to the agencies funded by this ,act that remain available for obligation or expenditure in the current fiscal year1 or provided from any accounts in the ,treasury derived by the collection of fees available to the agencies funded by this ,act1 shall be available for-- 7#a7 modifying major capital investments funding levels1 including information technology systems1 that involves increasing or decreasing funds in the current fiscal year for the individual investment in excess of #ejj1jjj or #aj percent of the total cost1 whichever is less2 7#b7 realigning or reorganizing new1 current1 or vacant positions or agency activities or functions to establish a center1 office1 branch1 or similar entity with five or more personnel2 or 7#c7 carrying out activities or functions that were not described in the budget request2 unless the agencies funded by this ,act notify1 in writing1 the ,committees on ,appropriations of both ,houses of ,congress at least #cj days in advance of using the funds for these purposes4 7e7 ,as described in this section1 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 section4 #gag4 ,notwithstanding section #caj;,b7g77#e7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aicb7;g77#e771 the ,secretary may assess a one-time fee for any guaranteed business and industry loan in an amount that does not exceed #c percent of the guaranteed principal portion of the loan4 #gah4 ,none of the funds appropriated or otherwise made available to the ,department of ,agriculture1 the ,food and ,drug ,administration1 or the ,farm ,credit ,administration shall be used to transmit or otherwise make available reports1 questions1 or responses to questions that are a result of information requested for the appropriations hearing process to any non-,department of ,agriculture1 non-,department of ,health and ,human ,services1 or non-,farm ,credit ,administration employee4 #gai4 ,unless otherwise authorized by existing law1 none of the funds provided in this ,act1 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 agency4 #gbj4 ,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 #fj 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 assignment4 #gba4 ,not later than #cj days after the date of enactment of this ,act1 the ,secretary of ,agriculture1 the ,commissioner of the ,food and ,drug ,administration1 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 program1 project1 and activity for all the funds made available under this ,act including appropriated user fees1 as defined in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act74 #gbb4 ,of the unobligated balances from amounts made available for the supplemental nutrition program as authorized by section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf71 #a1bej1jjj1jjj are hereby rescinded3 ,provided1 ,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 #aihe4 #gbc4 ,for the purposes of determining eligibility or level of program assistance for ,rural ,development programs the ,secretary shall not include incarcerated prison populations4 #gbd4 ,for loans and loan guarantees that do not require budget authority and the program level has been established in this ,act1 the ,secretary of ,agriculture may increase the program level for such loans and loan guarantees by not more than #be percent3 ,provided1 ,that prior to the ,secretary implementing such an increase1 the ,secretary notifies1 in writing1 the ,committees on ,appropriations of both ,houses of ,congress at least #ae days in advance4 #gbe4 ,none of the credit card refunds or rebates transferred to the ,working ,capital ,fund pursuant to section #gbi of the ,agriculture1 ,rural ,development1 ,food and ,drug ,administration1 and ,related ,agencies ,appropriations ,act1 #bjjb 7#g ,u4,s4,c4 #bbce;a2 ,public ,law #ajg-gf7 shall be available for obligation without written notification to1 and the prior approval of1 the ,committees on ,appropriations of both ,houses of ,congress3 ,provided1 ,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 financial1 administrative1 and information technology services1 including cloud adoption and migration1 of primary benefit to the agencies of the ,department of ,agriculture4 #gbf4 ,none of the funds made available by this ,act may be used to implement1 administer1 or enforce the variety requirements of the final rule entitled ,enhancing ,retailer ,standards in the ,supplemental ,nutrition ,assistance ,program 7,,snap7 published by the ,department of ,agriculture in the ,federal ,register on ,december #ae1 #bjaf 7#ha ,fed4 ,reg4 #ijfge7 until the ,secretary of ,agriculture amends the definition of the term variety as de fined in section #bgh4a7;b77#a77;ii77,c7 of title #g1 ,code of ,federal ,regulations1 and variety as applied in the definition of the term staple food as defined in section #bga4b of title #g1 ,code of ,federal ,regulations1 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 #ae1 #bjaf3 ,provided1 ,that until the ,secretary promulgates such regulatory amendments1 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 #bjad 7,public ,law #aac-gi74 #gbg4 ,in carrying out subsection 7h7 of section #ejb of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adgb71 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 7h7 and 7j7 of section #ech of such ,act 7#db ,u4,s4,c4 #adijp-#b7 with respect to loans guaranteed under such section #ech and eligible lenders for such loans4 #gbh4 ,none of the funds made available by this ,act may be used to propose1 promulgate1 or implement any rule1 or take any other action with respect to1 allowing or requiring information intended for a prescribing health care professional1 in the case of a drug or biological product subject to section #ejc7;b77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cec7;b77#a771 to be distributed to such professional electronically 7in lieu of in paper form7 unless and until a ,federal law is enacted to allow or require such distribution4 #gbi4 ,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 #af1 #bjae1 in regards to the hazard analysis and risk-based preventive control requirements of the current good manufacturing practice1 hazard analysis1 and risk-based preventive controls for food for animals rule with respect to the regulation of the production1 distribution1 sale1 or receipt of dried spent grain byproducts of the alcoholic beverage production process4 #gcj4 ,there is hereby appropriated #aa1jjj1jjj1 to remain available until expended1 to carry out section #fdjg of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg;a73 ,provided1 ,that the ,secretary may allow eligible entities1 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 unit1 if replacement would be more cost effective in saving energy4 #gca4 7a7 ,the ,secretary of ,agriculture shall-- 7#a7 conduct audits in a manner that evaluates the following factors in the country or region being audited1 as applicable-- 7,a7 veterinary control and oversight2 7,b7 disease history and vaccination practices2 7,c7 livestock demographics and traceability2 7,d7 epidemiological separation from potential sources of infection2 7,e7 surveillance practices2 7,f7 diagnostic laboratory capabilities2 and 7,g7 emergency preparedness and response2 and 7#b7 promptly make publicly available the final reports of any audits or reviews conducted pursuant to subsection 7#a74 7b7 ,this section shall be applied in a manner consistent with ,united ,states obligations under its international trade agreements4 #gcb4 ,none of the funds made available by this ,act may be used to implement section #c4g7;f7 of the ,farm ,credit ,act of #aiga in a manner inconsistent with section #cdc7;a77#ac7 of the ,consolidated ,farm and ,rural ,development ,act4 #gcc4 ,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 #c of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #bacc71 or the renewal of such licenses1 to class ,b dealers who sell dogs and cats for use in research1 experiments1 teaching1 or testing4 #gcd4 7a7 7#a7 ,no ,federal funds made available for this fiscal year for the rural water1 waste water1 waste disposal1 and solid waste management programs authorized by sections #cjf1 #cjf;,a1 #cjf;,c1 #cjf;,d1 #cjf;,e1 and #caj;,b of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibf et seq47 shall be used for a project for the construction1 alteration1 maintenance1 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 ,states4 7#b7 ,in this section1 the term iron and steel products means the following products made primarily of iron or steel3 lined or unlined pipes and fittings1 manhole covers and other municipal castings1 hydrants1 tanks1 flanges1 pipe clamps and restraints1 valves1 structural steel1 reinforced precast concrete1 and construction materials4 7b7 ,subsection 7a7 shall not apply in any case or category of cases in which the ,secretary of ,agriculture 7in this section referred to as the ,secretary7 or the designee of the ,secretary finds that-- 7#a7 applying subsection 7a7 would be inconsistent with the public interest2 7#b7 iron and steel products are not produced in the ,united ,states in sufficient and reasonably available quantities or of a satisfactory quality2 or 7#c7 inclusion of iron and steel products produced in the ,united ,states will increase the cost of the overall project by more than #be percent4 7c7 ,if the ,secretary or the designee receives a request for a waiver under this section1 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 request1 and shall allow for informal public input on the request for at least #ae days prior to making a finding based on the request4 ,the ,secretary or the designee shall make the request and accompanying information available by electronic means1 including on the official public ,internet ,web site of the ,department4 7d7 ,this section shall be applied in a manner consistent with ,united ,states obligations under international agreements4 7e7 ,the ,secretary may retain up to #j4be 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 7a77#a7 for management and oversight of the requirements of this section4 7f7 ,subsection 7a7 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 ,act4 7g7 ,for purposes of this section1 the terms ,united ,states and ,state shall include each of the several ,states1 the ,district of ,columbia1 and each ,federally recognized ,indian tribe4 #gce4 ,none of the funds appropriated by this ,act may be used in any way1 directly or indirectly1 to influence congressional action on any legislation or appropriation matters pending before ,congress1 other than to communicate to ,members of ,congress as described in #ah ,u4,s4,c4 #aiac4 #gcf4 ,of the total amounts made available by this ,act for direct loans and grants in section #gcj and in the following headings3 ,rural ,housing ,service--,rural ,housing ,insurance ,fund ,program ,account2 ,rural ,housing ,service--,mutual and ,self-,help ,housing ,grants2 ,rural ,housing ,service--,rural ,housing ,assistance ,grants2 ,rural ,housing ,service--,rural ,community ,facilities ,program ,account2 ,rural ,business-,cooperative ,service--,rural ,business ,program ,account2 ,rural ,business-,cooperative ,service--,rural ,economic ,development ,loans ,program ,account2 ,rural ,business-,cooperative ,service--,rural ,cooperative ,development ,grants2 ,rural ,utilities ,service--,rural ,water and ,waste ,disposal ,program ,account2 ,rural ,utilities ,service--,rural ,electrification and ,telecommunications ,loans ,program ,account2 and ,rural ,utilities ,service--,distance ,learning1 ,telemedicine1 and ,broadband ,program1 to the maximum extent feasible1 at least #aj percent of the funds shall be allocated for assistance in persistent poverty counties under this section1 including1 notwithstanding any other provision regarding population limits1 any county seat of such a persistent poverty county that has a population that does not exceed the authorized population limit by more than #aj percent3 ,provided1 ,that for purposes of this section1 the term persistent poverty counties means any county that has had #bj percent or more of its population living in poverty over the past #cj years1 as measured by the #aiij and #bjjj decennial censuses1 and #bjjg-bjaa ,american ,community ,survey #e-year average1 or any territory or possession of the ,united ,states3 ,provided further1 ,that with respect to specific activities for which program levels have been made available by this ,act that are not supported by budget authority1 the requirements of this section shall be applied to such program level4 #gcg4 ,in addition to any other funds made available in this ,act or any other ,act1 there is appropriated #ab1jjj1jjj to carry out section #ah7;g77#h7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfi7;g771 to remain available until expended3 ,provided1 ,that notwithstanding section #ah7;g77#c77;,c7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfi 7g77#c77;c771 the total grant amount provided to a farm to school grant recipient in fiscal year #bjba shall not exceed #ejj1jjj4 #gch4 ,there is hereby appropriated #e1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 for the cost of loans and grants that is consistent with section #dbjf of the ,agricultural ,act of #bjad1 for necessary expenses of the ,secretary to support projects that provide access to healthy food in underserved areas1 to create and preserve quality jobs1 and to revitalize low-income communities4 #gci4 ,for an additional amount for ,animal and ,plant ,health ,inspection ,service--,salaries and ,expenses1 #h1ejj1jjj1 to remain available until ,september #cj1 #bjbb1 for one-time control and management and associated activities directly related to the multiple-agency response to citrus greening4 #gdj4 ,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 #eje7;i7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee7;i77 or section #cea7;a77#c7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7;a77#c77 in research in which a human embryo is intentionally created or modified to include a heritable genetic modification4 ,any such submission shall be deemed to have not been received by the ,secretary1 and the exemption may not go into effect4 #gda4 ,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 ,growing1 ,harvesting1 ,packing1 and ,holding of ,produce for ,human ,consumption1 and published on ,november #bg1 #bjae1 with respect to the regulation of entities that grow1 harvest1 pack1 or hold wine grapes1 hops1 pulse crops1 or almonds4 #gdb4 ,there is hereby appropriated #e1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 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 veterans4 #gdc4 ,for school years #bjbj-bjba and #bjba-bjbb1 none of the funds made available by this ,act may be used to implement or enforce the matter following the first comma in the second sentence of footnote 7c7 of section #bbj4h7;c7 of title #g1 ,code of ,federal ,regulations1 with respect to the substitution of vegetables for fruits under the school breakfast program established under section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc74 #gdd4 ,none of the funds made available by this ,act or any other ,act may be used-- 7#a7 in contravention of section #gfjf of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #eidj71 subtitle ,g of the ,agricultural ,marketing ,act of #aidf1 or section #ajaad of the ,agriculture ,improvement ,act of #bjah2 or 7#b7 to prohibit the transportation1 processing1 sale1 or use of hemp1 or seeds of such plant1 that is grown or cultivated in accordance with subsection section #gfjf of the ,agricultural ,act of #bjad or ,subtitle ,g of the ,agricultural ,marketing ,act of #aidf1 within or outside the ,state in which the hemp is grown or cultivated4 #gde4 ,out of amounts appropriated to the ,food and ,drug ,administration under title ,,vi1 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall1 not later than ,september #cj1 #bjba1 and following the review required under ,executive ,order ,no4 #abhff 7#e ,u4,s4,c4 #fja note2 relating to regulatory planning and review71 issue advice revising the advice provided in the notice of availability entitled ,advice ,about ,eating ,fish1 ,from the ,environmental ,protection ,agency and ,food and ,drug ,administration2 ,revised ,fish ,advice2 ,availability 7#hb ,fed4 ,reg4 #fega 7,january #ai1 #bjag771 in a manner that is consistent with nutrition science recognized by the ,food and ,drug ,administration on the net effects of seafood consumption4 #gdf4 ,there is hereby appropriated #b1ejj1jjj1 to remain available until expended1 for grants under section #abejb of ,public ,law #aae-ccd4 #gdg4 ,there is hereby appropriated #b1jjj1jjj to carry out section #afba of ,public ,law #aaj-bdf4 #gdh4 ,there is hereby appropriated #c1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 to carry out section #djjc7;b7 of ,public ,law #aae-ccd relating to demonstration projects for ,tribal ,organizations4 #gdi4 ,in addition to amounts otherwise made available by this ,act and notwithstanding the last sentence of #af ,u4,s4,c4 #acaj1 there is appropriated #d1jjj1jjj1 to remain available until expended1 to implement non-renewable agreements on eligible lands1 including flooded agricultural lands1 as determined by the ,secretary1 under the ,water ,bank ,act 7#af ,u4,s4,c4 #acja-acaa74 #gej4 ,the ,secretary shall set aside for ,rural ,economic ,area ,partnership 7,,reap7 ,zones1 until ,august #ae1 #bjba1 an amount of funds made available in title ,,iii under the headings of ,rural ,housing ,insurance ,fund ,program ,account1 ,mutual and ,self-,help ,housing ,grants1 ,rural ,housing ,assistance ,grants1 ,rural ,community ,facilities ,program ,account1 ,rural ,business ,program ,account1 ,rural ,development ,loan ,fund ,program ,account1 and ,rural ,water and ,waste ,disposal ,program ,account1 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 ,zones4 #gea4 ,there is hereby appropriated #a1jjj1jjj to carry out section #ccjg of ,public ,law #aae-ccd4 #geb4 ,the ,secretary of ,agriculture may waive the matching funds requirement under ,section #dab7;g7 of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfcb7;g774 #gec4 ,there is hereby appropriated #b1jjj1jjj1 to remain available until expended1 for a pilot program for the ,secretary to provide grants to qualified non-profit organizations and public housing authorities to provide technical assistance1 including financial and legal services1 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 housing1 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 ,secretary4 #ged4 ,there is hereby appropriated #g1jjj1jjj to carry out section #bbb of ,subtitle ,a of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #fibc7 as amended by section #abcjb of ,public ,law #aae-ccd4 #gee4 ,there is hereby appropriated #a1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 to carry out section #dbjh of ,public ,law #aae-ccd4 #gef4 ,there is hereby appropriated #e1jjj1jjj to carry out section #abcja of ,public ,law #aae-ccd4 #geg4 ,there is hereby appropriated #e1jjj1jjj to carry out section #adej of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cbbb;e7 as amended by section #gabj of ,public ,law #aae-ccd4 #geh4 ,there is hereby appropriated #a1jjj1jjj to carry out section #afga of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #eibd7 as amended by section #gbjh of ,public ,law #aae-ccd4 #gei4 ,in response to an eligible community where the drinking water supplies are inadequate due to a natural disaster1 as determined by the ,secretary1 including drought or severe weather1 the ,secretary may provide potable water through the ,emergency ,community ,water ,assistance ,grant ,program for an additional period of time not to exceed #abj days beyond the established period provided under the ,program in order to protect public health4 #gfj4 ,there is hereby appropriated #e1jjj1jjj to remain available until ,september #cj1 #bjbb1 to carry out section #dbjf of ,public ,law #aae-ccd4 #gfa4 ,funds made available under title ,,ii of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agba et seq47 may only be used to provide assistance to recipient nations if adequate monitoring and controls1 as determined by the ,administrator1 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 purposes4 #gfb4 ,notwithstanding any other provision of law1 ,,ars facilities as described in the ,memorandum of ,understanding ,between the ,u4,s4 ,department of ,agriculture ,animal and ,plant ,health ,inspection ,service 7,,aphis7 and the ,u4,s4 ,department of ,agriculture ,agricultural ,research ,service 7,,ars7 ,concerning ,laboratory ,animal ,welfare 7#af-fajj-jajc-,,mu ,revision #af-a7 shall be inspected by ,,aphis for compliance with the ,animal ,welfare ,act and its regulations and standards4 #gfc4 ,there is hereby appropriated #e1jjj1jjj1 to remain available until expended1 to carry out section #bajc of ,public ,law #aae-ccd3 ,provided1 ,that the ,secretary shall prioritize the wetland compliance needs of areas with significant numbers of individual wetlands1 wetland acres1 and conservation compliance requests4 #gfd4 ,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 ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq471 the ,child and ,adult ,care ,food ,program under section #ag of such ,act 7#db ,u4,s4,c4 #agff71 the ,summer ,food ,service ,program for ,children under section #ac of such ,act 7#db ,u4,s4,c4 #agfa71 or the school breakfast program under the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agga et seq474 #gfe4 ,there is hereby appropriated #a1jjj1jjj1 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 purposes1 for the development of research1 education1 and outreach partnerships with academic institutions to study and promote seafood safety4 #gff4 ,there is hereby appropriated #b1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 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 opportunities4 #gfg4 ,for school year #bjba-bjbb1 only a school food authority that had a negative balance in the nonprofit school food service account as of ,december #ca1 #bjbj1 shall be required to establish a price for paid lunches in accordance with section #ab7p7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7p774 #gfh4 ,there is hereby appropriated #e1jjj1jjj to remain available until ,september #cj1 #bjbb1 to carry out section #fdbd of ,public ,law #aae-ccd4 #gfi4 ,in addition to any funds made available in this ,act or any other ,act1 there is hereby appropriated #aj1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 for grants from the ,national ,institute of ,food and ,agriculture to the #ahij ,institutions to support the ,centers of ,excellence4 #ggj4 ,there is hereby appropriated #b1jjj1jjj1 to remain available until expended1 for the ,secretary of ,agriculture to carry out a pilot program that assists rural hospitals to improve long-term operations and financial health by providing technical assistance through analysis of current hospital management practices4 #gga4 ,in addition to amounts otherwise made available by this or any other ,act1 there is hereby appropriated #e1jjj1jjj1 to remain available until expended1 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 installing traditional wastewater treatment systems due to soil conditions4 #ggb4 ,the ,secretary of ,agriculture shall-- 7#a7 within #ahj 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 #ca1 #bjac 7#gh ,fed4 ,reg4 #dfbee7 with consideration given to changes in industry and the implementation of certain rulemakings since the publication of the stay2 7#b7 take public comments on the notice for not more than #fj days2 and 7#c7 not later than #ahj days after the end of the comment period1 publish in the ,federal ,register the date upon which the stay is lifted if such action is justified based on the comments received4 #ggc4 ,there is hereby appropriated #f1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 to carry out section #bc of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #agic71 of which #b1jjj1jjj shall be for grants under such section to the ,commonwealth of ,puerto ,rico1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,united ,states ,virgin ,islands1 ,guam1 and ,american ,samoa4 #ggd4 ,any funds made available by this or any other ,act that the ,secretary withholds pursuant to section #affh7;g77#b7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #eiba7;g77#b771 as amended1 shall be available for grants for biotechnology risk assessment research3 ,provided1 ,that the ,secretary may transfer such funds among appropriations of the ,department of ,agriculture for purposes of making such grants4 #gge4 7a7 ,there is hereby appropriated #eca1jjj1jjj1 to remain available until expended1 for an additional amount for section #ggi of ,public ,law #aae-ada4 7b7 ,section #cac7;b7 of the ,rural ,electrification ,act of #aicf1 as amended 7#g ,u4,s4,c4 #idj;c7b771 shall be applied for fiscal year #bjba and each fiscal year thereafter until the specified funding has been expended as if the following were inserted after the final period in subsection 7b77#b73 ,in addition1 the ,secretary shall use #dbe1jjj1jjj of funds available in this subaccount in fiscal year #bjai for an additional amount for the same purpose and under the same terms and conditions as funds appropriated by section #ggi of ,public ,law #aae-ada1 shall use #bee1jjj1jjj of funds available in this subaccount in fiscal year #bjbj for an additional amount for the same purpose and under the same terms and conditions as funds appropriated by section #ggi of ,public ,law #aae-ada1 and shall use #ajd1jjj1jjj of funds available in this subaccount in fiscal year #bjba for an additional amount for the same purpose and under the same terms and conditions as funds appropriated by section #ggi of ,public ,law #aae-ada43 ,provided1 ,that any use of such funds shall be treated as a reprogramming of funds under section #gaf of this ,act4 7c7 ,section #ghg7;b7 of division ,b of ,public ,law #aaf-id shall no longer apply4 #ggf4 ,there is hereby appropriated #ejj1jjj to carry out section #bbd of ,subtitle ,a of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #fibd7 as amended by section #abejd of ,public ,law #aae-ccd4 #ggg4 ,there is hereby appropriated #djj1jjj to carry out section #afgb7;g77#d77;,b7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #eibe7;g77#d7;,b77 as amended by section #gbji of ,public ,law #aae-ccd4 #ggh4 ,notwithstanding any other provision of law1 the acceptable market name of any engineered animal approved prior to the effective date of the ,national ,bioengineered ,food ,disclosure ,standard 7,february #ai1 #bjai7 shall include the words genetically engineered prior to the existing acceptable market name4 #ggi4 ,for an additional amount for ,national ,institute of ,food and ,agriculture--,research and ,education ,activities1 #ejj1jjj1 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 universities4 #ghj4 ,notwithstanding any other provision of law1 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 #a1 #bjah1 to any other mission area or office within the ,department in the absence of the enactment of specific legislation affirming such move4 #gha4 ,there is hereby appropriated #aj1jjj1jjj1 to remain available until expended1 for the ,secretary of ,agriculture to carry out a pilot program to provide financial assistance for rural communities to further develop renewable energy4 #ghb4 ,section #gfje7;b7 of the ,agriculture ,improvement ,act of #bjah 7#g ,u4,s4,c4 #eidj note2 ,public ,law #aae-ccd7 is amended by striking ,september #cj1 #bjba and inserting ,january #a1 #bjbb4 #ghc4 ,section #i7;i77#b7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjah7;i77#b77 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjba4 #ghd4 ,section #ggi of ,public ,law #aae-ada is amended by striking expansion efforts made and inserting service in a service area in the fourth proviso1 and by inserting 1 unless such service area is not provided sufficient access to broadband at the minimum service threshold after ,rural ,utilities ,service in the fourth proviso4 #ghe4 ,in addition to amounts otherwise provided1 there is hereby appropriated #a1jjj1jjj1 to remain available until expended1 to carry out activities authorized under subsections 7a77#b7 and 7e77#b7 of ,section #ba of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfi;b-#a7;a77#b7 and 7e77#b774 #ghf4 ,the ,secretary1 acting through the ,chief of the ,natural ,resources ,conservation ,service1 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 7#af ,u4,s4,c4 #ajja et seq471 and for the ,emergency ,watershed ,protection ,program carried out pursuant to section #djc of the ,agricultural ,credit ,act of #aigh 7#af ,u4,s4,c4 #bbjc7 to provide technical services for such programs pursuant to section #abeb7;a77#a7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chea7;a77#a771 notwithstanding subsection 7c7 of such section4 #ghg4 7a7 ,the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs 7,commissioner71 shall develop and1 if it determines feasible1 implement a number of options for regulating the export of shrimp to the ,united ,states from other countries1 including the three largest exporting countries by volume to the ,united ,states over the last three calendar years1 such as sampling of products prior to export to the ,united ,states1 increasing foreign inspections of export facilities1 increased seafood importer inspections1 foreign surveillance inspections at overseas manufacturing sites1 enhanced import screening1 higher rates of examination and sampling1 use of third-party audits1 and formal seafood arrangements with foreign competent authorities4 7b7 ,the ,commissioner shall especially give priority consideration to the following with the funds appropriated-- 7#a7 that appropriate controls are applied to shrimp feed and production ponds1 processing plants1 and facilities throughout the chain of distribution to determine compliance with seafood safety requirements2 7#b7 dedicate its inspectional effort to determine compliance with seafood arrangements1 once established1 from any dedicated funds2 7#c7 provide an annual report to the ,committee before the end of fiscal years #bjba1 #bjbb1 and #bjbc 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 ,states4 #ghh4 ,there is hereby appropriated #a1jjj1jjj to carry out the duties of the working group established under section #ggj of the ,agriculture1 ,rural ,development1 ,food and ,drug ,administration1 and ,related ,agencies ,appropriations ,act1 #bjai 7,public ,law #aaf-f2 #acc ,stat4 #hi74 #ghi4 ,none of the funds made available by this or any other act may be used to restrict the offering of low-fat 7#a fat7 flavored milk in the ,national ,school ,lunch ,program or ,school ,breakfast ,program1 as long as such milk is not inconsistent with the most recent ,dietary ,guidelines for ,americans published under section #cja of the ,national ,nutrition ,monitoring and ,related ,research ,act of #aiij4 #gij4 ,the ,commissioner of the ,food and ,drug ,administration shall develop a plan within #ahj days of enactment that would allow the ,agency to identify1 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 regulations4 ,any foreign establishment that meets these criteria may be placed on import alert4 ,this import alert would be specific for this foreign establishment1 focusing on detaining all products from this establishment4 #gia4 ,in administering the pilot program established by section #ggi of division ,a of the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada71 the ,secretary of ,agriculture may1 for purposes of determining entities eligible to receive assistance1 consider those communities which are ,areas ,rural in ,character3 ,provided1 ,that not more than #aj percent of the funds made available by section #gge may be used for this purpose4 #gib4 ,there is hereby appropriated #de1hfa1jjj for the ,goodfellow ,federal facility1 to remain available until expended1 of which #bj1jjj1jjj shall be transferred to and merged with the appropriation for ,office of the ,chief ,information ,officer1 #af1jdf1jjj shall be transferred to and merged with the appropriation for ,food ,safety and ,inspection ,service1 and of which #i1hae1jjj shall be transferred to and merged with the appropriation for ,rural ,development1 ,salaries and ,expenses4 #gic4 ,of the unobligated balances from prior year appropriations made available under the heading ,distance ,learning1 ,telemedicine1 and ,broadband ,program for the cost of broadband loans1 as authorized by section #fja of the ,rural ,electrification ,act1 #ab1jjj1jjj are hereby rescinded4 #gid4 ,funds made available in the ,consolidated ,appropriations ,act1 #bjaf 7,public ,law #aad-aac7 for the ,rural ,community ,facilities ,program ,account under section #cjf of the ,consolidated ,farm and ,rural ,development ,act1 #g ,u4,s4,c4 #aibf1 for the principal amount of direct loans to eligible approved re-lenders are to remain available through fiscal year #bjbf for the liquidation of valid obligations incurred in fiscal year #bjaf4 #gie4 ,none of the funds made available by this ,act may be used to pay the salaries or expenses of personnel-- 7#a7 to inspect horses under section #c of the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fjc72 7#b7 to inspect horses under section #ijc of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #aija note2 ,public ,law #ajd-abg72 or 7#c7 to implement or enforce section #ceb4ai of title #i1 ,code of ,federal ,regulations 7or a successor regulation74 #gif4 ,not later than #a year after the date of enactment of this ,act1 the ,national ,academy of ,sciences1 ,engineering1 and ,medicine shall complete a review and provide a report to the ,secretary of ,agriculture1 the ,secretary of ,health and ,human ,services1 and the ,congress1 on the most recent edition of the dietary guidelines for ,americans that includes the following3 7#a7 ,a comparative analysis of the scientific methodologies1 review protocols1 and evaluation processes used to develop the most recently issued guidelines as compared to recommendations included in the ,national ,academy of ,sciences1 ,engineering1 and ,medicine ,september #bjag report entitled ,redesigning the ,process for ,establishing the ,dietary ,guidelines for ,americans4 7#b7 ,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 available4 7#c7 ,an analysis of how full implementation of the recommendations described in paragraph 7#a7 would have affected the most recently issued guidelines4 #gig4 7a7 ,there is hereby appropriated #c1jjj1jjj1 to remain available until expended1 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 #bc1 #bjbj 7#he ,fed4 ,reg4 #eigce71 to combat and treat cogongrass through established cogongrass control programs4 7b7 ,any remaining unobligated balances of funds made available for field crop and rangeland ecosystem pests under the heading ,animal and ,plant ,health ,inspection ,service--,salaries and ,expenses1 in the ,consolidated ,appropriations ,act1 #bjai 7,public ,law #aaf-f7 and the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id71 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 #aaf-f and in the explanatory statement described in section #d in the matter preceding division ,a of ,public ,law #aaf-id1 are hereby permanently rescinded1 and an amount of additional new budget authority equivalent to the amount rescinded is hereby appropriated1 to remain available until expended in addition to other funds as may be available for such purposes1 for the same purposes and under the same conditions as the funds made available under subsection 7a7 of this section4 7c7 ,not to exceed #b percent of the funds provided under this section shall be available for necessary costs of grant administration4 #gih4 ,for an additional amount for ,national ,institute of ,food and ,agriculture--,research and ,education ,activities1 #cjj1jjj1 for the ,under ,secretary for ,research1 ,education1 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 universities1 including #ahij ,institutions1 to define a new architecture that can better integrate1 coordinate1 and assess economic impact of the collective work of these institutions4 #gii4 ,for an additional amount for ,national ,institute of ,food and ,agriculture--,research and ,education ,activities1 #d1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 for a competitive grant to an institution in the land-grant university system to establish a ,farm of the ,future testbed and demonstration site4 #gii;,a4 ,there is hereby appropriated #bb1jjj1jjj1 to remain available until expended1 to carry out section #abeac of ,public ,law #aae-ccd3 ,provided1 ,that of the amounts made available1 #bj1jjj1jjj 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 initiatives4 #gii;,b4 ,none of the funds appropriated or otherwise made available by this ,act shall be available for the ,united ,states ,department of ,agriculture to propose1 finalize or implement any regulation that would promulgate new user fees pursuant to #ca ,u4,s4,c4 #igja after the date of the enactment of this ,act4 #gii;,c4 7a7 ,any remaining unobligated balances of funds made available under the heading ,department of ,agriculture--,agricultural ,programs--,processing1 ,research and ,marketing--,office of the ,secretary in subsections 7b7 and 7d7 of section #gia of division ,b of the ,further ,consolidated ,appropriations ,act1 #bjbj ,public ,law #aaf-id for block grants to eligible states and territories pursuant to the first proviso under the heading ,department of ,agriculture--,agricultural ,programs--,processing1 ,research and ,marketing--,office of the ,secretary in the ,additional ,supplemental ,appropriations for ,disaster ,relief ,act of #bjai ,public ,law #aaf-bj1 as amended by subsection 7c7 of section #gia of division ,b ,public ,law #aaf-id1 may be made available for any of the other purposes and under the same authorities and conditions for those purposes as the funds made available under such heading in such ,act1 and for the purposes specified and under the same authorities and conditions as in the first1 second1 third1 and fourth provisos of subsection 7b7 of section #gia of division ,b of ,public ,law #aaf-id3 ,provided1 ,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 ,act3 ,provided further1 ,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 agreement4 7b7 ,of the remaining unobligated balances of funds made available under the heading ,department of ,agriculture--,agricultural ,programs--,processing1 ,research and ,marketing--,office of the ,secretary in the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf71 #a1jjj1jjj1jjj 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--,processing1 ,research and ,marketing--,office of the ,secretary in the ,additional ,supplemental ,appropriations for ,disaster ,relief ,act of #bjai 7,public ,law #aaf-bj71 as of ,december #ai1 #bjai1 and for the purposes specified and under the same authorities and conditions as in the first1 second1 third1 and fourth provisos of subsection 7b7 of section #gia of division ,b of ,public ,law #aaf-id4 7c7 ,the amounts repurposed pursuant to this section that were previously designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe are designated by the ,congress as an emergency requirement pursuant to that section of that ,act4 #gii;,d4 ,for necessary expenses for salary and related costs associated with ,agriculture ,quarantine and ,inspection ,services activities pursuant to #ba ,u4,s4,c4 #acf;a7#f71 and in addition to any other funds made available for this purpose1 there is appropriated1 out of any money in the ,treasury not otherwise appropriated1 #fce1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 to offset the loss resulting from the coronavirus pandemic of quarantine and inspection fees collected pursuant to sections #bejh and #beji of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#ba ,u4,s4,c4 #acf1 #acf;a73 ,provided1 ,that amounts made available in this section shall be treated as funds collected by fees authorized under sections #bejh and #beji of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#ba ,u4,s4,c4 #acf1 #acf;a7 for purposes of section #dba7;f7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bca7;f773 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,this division may be cited as the ,agriculture1 ,rural ,development1 ,food and ,drug ,administration1 and ,related ,agencies ,appropriations ,act1 #bjba4 ,b ,commerce1 ,justice1 ,science1 and ,related ,agencies ,appropriations ,act1 #bjba ,i ,department of ,commerce ,international ,trade ,administration ,operations and administration ,for necessary expenses for international trade activities of the ,department of ,commerce provided for by law1 to carry out activities associated with facilitating1 attracting1 and retaining business investment in the ,united ,states1 and for engaging in trade promotional activities abroad1 including expenses of grants and cooperative agreements for the purpose of promoting exports of ,united ,states firms1 without regard to sections #cgjb and #cgjc of title #dd1 ,united ,states ,code2 full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas2 travel and transportation of employees of the ,international ,trade ,administration between two points abroad1 without regard to section #djaah of title #di1 ,united ,states ,code2 employment of citizens of the ,united ,states and aliens by contract for services2 rental of space abroad for periods not exceeding #aj years1 and expenses of alteration1 repair1 or improvement2 purchase or construction of temporary demountable exhibition structures for use abroad2 payment of tort claims1 in the manner authorized in the first paragraph of section #bfgb of title #bh1 ,united ,states ,code1 when such claims arise in foreign countries2 not to exceed #bid1cjj for official representation expenses abroad2 purchase of passenger motor vehicles for official use abroad1 not to exceed #de1jjj per vehicle2 obtaining insurance on official motor vehicles2 and rental of tie lines1 #eda1jjj1jjj1 of which #gj1jjj1jjj shall remain available until ,september #cj1 #bjbb3 ,provided1 ,that #aa1jjj1jjj is to be derived from fees to be retained and used by the ,international ,trade ,administration1 notwithstanding section #ccjb of title #ca1 ,united ,states ,code3 ,provided further1 ,that1 of amounts provided under this heading1 not less than #af1djj1jjj shall be for ,china antidumping and countervailing duty enforcement and compliance activities3 ,provided further1 ,that the provisions of the first sentence of section #aje7;f7 and all of section #ajh7;c7 of the ,mutual ,educational and ,cultural ,exchange ,act of #aifa 7#bb ,u4,s4,c4 #bdee7;f7 and #bdeh7;c77 shall apply in carrying out these activities2 and that for the purpose of this ,act1 contributions under the provisions of the ,mutual ,educational and ,cultural ,exchange ,act of #aifa shall include payment for assessments for services provided as part of these activities4 ,bureau of industry and security ,,operations ,,and ,,administration ,for necessary expenses for export administration and national security activities of the ,department of ,commerce1 including costs associated with the performance of export administration field activities both domestically and abroad2 full medical coverage for dependent members of immediate families of employees stationed overseas2 employment of citizens of the ,united ,states and aliens by contract for services abroad2 payment of tort claims1 in the manner authorized in the first paragraph of section #bfgb of title #bh1 ,united ,states ,code1 when such claims arise in foreign countries2 not to exceed #ac1ejj for official representation expenses abroad2 awards of compensation to informers under the ,export ,control ,reform ,act of #bjah 7subtitle ,b of title ,,xvii of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai2 ,public ,law #aae-bcb2 #acb ,stat4 #bbjh2 #ej ,u4,s4,c4 #dhja et seq471 and as authorized by section #a7;b7 of the ,act of ,june #ae1 #aiag 7#dj ,stat4 #bbc2 #bb ,u4,s4,c4 #dja7;b772 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 law1 #acc1jjj1jjj1 to remain available until expended3 ,provided1 ,that the provisions of the first sentence of section #aje7;f7 and all of section #ajh7;c7 of the ,mutual ,educational and ,cultural ,exchange ,act of #aifa 7#bb ,u4,s4,c4 #bdee7;f7 and #bdeh7;c77 shall apply in carrying out these activities3 ,provided further1 ,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 activities1 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 governments4 ,economic development administration ,,economic ,,development ,,assistance ,,programs ,for grants for economic development assistance as provided by the ,public ,works and ,economic ,development ,act of #aife1 for trade adjustment assistance1 and for grants authorized by sections #bg and #bh of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgbb and #cgbc71 as amended1 #cje1ejj1jjj to remain available until expended1 of which #ch1jjj1jjj shall be for grants under such section #bg and #b1jjj1jjj shall be for grants under such section #bh3 ,provided1 ,that any deviation from the amounts designated for specific activities in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act71 or any use of deobligated balances of funds provided under this heading in previous years1 shall be subject to the procedures set forth in section #eje of this ,act4 ,,salaries ,,and ,,expenses ,for necessary expenses of administering the economic development assistance programs as provided for by law1 #dj1ejj1jjj3 ,provided1 ,that funds provided under this heading may be used to monitor projects approved pursuant to title ,i of the ,public ,works ,employment ,act of #aigf2 title ,,ii of the ,trade ,act of #aigd2 sections #bg and #bh of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgbb and #cgbc71 as amended2 and the ,community ,emergency ,drought ,relief ,act of #aigg4 ,minority business development agency ,,minority ,,business ,,development ,for necessary expenses of the ,department of ,commerce in fostering1 promoting1 and developing minority business enterprises1 including expenses of grants1 contracts1 and other agreements with public or private organizations1 #dh1jjj1jjj1 of which not more than #af1jjj1jjj shall be available for overhead expenses1 including salaries and expenses1 rent1 utilities1 and information technology services4 ,economic and statistical analysis ,,salaries ,,and ,,expenses ,for necessary expenses1 as authorized by law1 of economic and statistical analysis programs of the ,department of ,commerce1 #aaa1hee1jjj1 to remain available until ,september #cj1 #bjbb4 ,bureau of the census ,,current ,,surveys ,,and ,,programs ,for necessary expenses for collecting1 compiling1 analyzing1 preparing1 and publishing statistics1 provided for by law1 #bhh1djc1jjj3 ,provided1 ,that1 from amounts provided herein1 funds may be used for promotion1 outreach1 and marketing activities4 ,,periodic ,,censuses ,,and ,,programs 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses for collecting1 compiling1 analyzing1 preparing1 and publishing statistics for periodic censuses and programs provided for by law1 #hah1bda1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that1 from amounts provided herein1 funds may be used for promotion1 outreach1 and marketing activities3 ,provided further1 ,that within the amounts appropriated1 #c1eef1jjj 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 ,census4 ,national telecommunications and information administration ,,salaries ,,and ,,expenses ,for necessary expenses1 as provided for by law1 of the ,national ,telecommunications and ,information ,administration 7,,ntia71 #de1ejj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that1 notwithstanding #ca ,u4,s4,c4 #aece7;d71 the ,secretary of ,commerce shall charge ,federal agencies for costs incurred in spectrum management1 analysis1 operations1 and related services1 and such fees shall be retained and used as offsetting collections for costs of such spectrum services1 to remain available until expended3 ,provided further1 ,that the ,secretary of ,commerce is authorized to retain and use as offsetting collections all funds transferred1 or previously transferred1 from other ,government agencies for all costs incurred in telecommunications research1 engineering1 and related activities by the ,institute for ,telecommunication ,sciences of ,,ntia1 in furtherance of its assigned functions under this paragraph1 and such funds received from other ,government agencies shall remain available until expended4 ,,public ,,telecommunications ,,facilities1 ,,planning ,,and ,,construction ,for the administration of prior-year grants1 recoveries and unobligated balances of funds previously appropriated are available for the administration of all open grants until their expiration4 ,united states patent and trademark office ,,salaries ,,and ,,expenses 7,,including ,,transfers ,,of ,,funds7 ,for necessary expenses of the ,united ,states ,patent and ,trademark ,office 7,,uspto7 provided for by law1 including defense of suits instituted against the ,under ,secretary of ,commerce for ,intellectual ,property and ,director of the ,,uspto1 #c1fie1bie1jjj1 to remain available until expended3 ,provided1 ,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 #bjba1 so as to result in a fiscal year #bjba appropriation from the general fund estimated at #j3 ,provided further1 ,that during fiscal year #bjba1 should the total amount of such offsetting collections be less than #c1fie1bie1jjj1 this amount shall be reduced accordingly3 ,provided further1 ,that any amount received in excess of #c1fie1bie1jjj in fiscal year #bjba and deposited in the ,patent and ,trademark ,fee ,reserve ,fund shall remain available until expended3 ,provided further1 ,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 #eje of this ,act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section3 ,provided further1 ,that any amounts reprogrammed in accordance with the preceding proviso shall be transferred to the ,united ,states ,patent and ,trademark ,office ,salaries and ,expenses account3 ,provided further1 ,that the budget of the ,president submitted for fiscal year #bjbb under section #aaje of title #ca1 ,united ,states ,code1 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 #bjba or fiscal year #bjbb3 ,provided further1 ,that from amounts provided herein1 not to exceed #ac1ejj shall be made available in fiscal year #bjba for official reception and representation expenses3 ,provided further1 ,that in fiscal year #bjba from the amounts made available for ,salaries and ,expenses for the ,,uspto1 the amounts necessary to pay 7#a7 the difference between the percentage of basic pay contributed by the ,,uspto and employees under section #hccd7;a7 of title #e1 ,united ,states ,code1 and the normal cost percentage 7as defined by section #hcca7ag7 of that title7 as provided by the ,office of ,personnel ,management 7,,opm7 for ,,uspto's specific use1 of basic pay1 of employees subject to subchapter ,,iii of chapter #hc of that title1 and 7#b7 the present value of the otherwise unfunded accruing costs1 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 7,,fehb7 and ,federal ,employees ,group ,life ,insurance 7,,fegli71 shall be transferred to the ,civil ,service ,retirement and ,disability ,fund1 the ,,fegli ,fund1 and the ,employees ,,fehb ,fund1 as appropriate1 and shall be available for the authorized purposes of those accounts3 ,provided further1 ,that any differences between the present value factors published in ,,opm's yearly #cjj 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 statements1 where applicable3 ,provided further1 ,that1 notwithstanding any other provision of law1 all fees and surcharges assessed and collected by ,,uspto are available for ,,uspto only pursuant to section #db7;c7 of title #ce1 ,united ,states ,code1 as amended by section #bb of the ,leahy-,smith ,america ,invents ,act 7,public ,law #aab-bi73 ,provided further1 ,that within the amounts appropriated1 #b1jjj1jjj shall be transferred to the ,office of ,inspector ,general account for activities associated with carrying out investigations and audits related to the ,,uspto4 ,national institute of standards and technology ,,scientific ,,and ,,technical ,,research ,,and ,,services 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses of the ,national ,institute of ,standards and ,technology 7,,nist71 #ghh1jjj1jjj1 to remain available until expended1 of which not to exceed #i1jjj1jjj may be transferred to the ,working ,capital ,fund3 ,provided1 ,that not to exceed #e1jjj shall be for official reception and representation expenses3 ,provided further1 ,that ,,nist may provide local transportation for summer undergraduate research fellowship program participants4 ,,industrial ,,technology ,,services ,for necessary expenses for industrial technology services1 #aff1ejj1jjj1 to remain available until expended1 of which #aej1jjj1jjj shall be for the ,hollings ,manufacturing ,extension ,partnership1 and of which #af1ejj1jjj shall be for the ,manufacturing ,,usa ,program 7formerly known as the ,national ,network for ,manufacturing ,innovation74 ,,construction ,,of ,,research ,,facilities ,for construction of new research facilities1 including architectural and engineering design1 and for renovation and maintenance of existing facilities1 not otherwise provided for the ,national ,institute of ,standards and ,technology1 as authorized by sections #ac through #ae of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bgh;c-#bgh;e71 #hj1jjj1jjj1 to remain available until expended3 ,provided1 ,that the ,secretary of ,commerce shall include in the budget justification materials for fiscal year #bjbb that the ,secretary submits to ,congress in support of the ,department of ,commerce budget 7as submitted with the budget of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code7 an estimate for each ,national ,institute of ,standards and ,technology construction project having a total multi-year program cost of more than #e1jjj1jjj1 and simultaneously the budget justification materials shall include an estimate of the budgetary requirements for each such project for each of the #e subsequent fiscal years4 ,national oceanic and atmospheric administration ,,operations1 ,,research1 ,,and ,,facilities 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses of activities authorized by law for the ,national ,oceanic and ,atmospheric ,administration1 including maintenance1 operation1 and hire of aircraft and vessels2 pilot programs for ,state-led fisheries management1 notwithstanding any other provision of law2 grants1 contracts1 or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements2 and relocation of facilities1 #c1hdj1cjj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,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 activities1 notwithstanding section #ccjb of title #ca1 ,united ,states ,code3 ,provided further1 ,that in addition1 #bdf1aga1jjj shall be derived by transfer from the fund entitled ,promote and ,develop ,fishery ,products and ,research ,pertaining to ,american ,fisheries1 which shall only be used for fishery activities related to the ,saltonstall-,kennedy ,grant ,program2 ,fisheries ,data ,collections1 ,surveys1 and ,assessments2 ,fisheries ,management ,programs and ,services2 and ,interjurisdictional ,fisheries ,grants3 ,provided further1 ,that not to exceed #ff1chi1jjj shall be for payment to the ,department of ,commerce ,working ,capital ,fund3 ,provided further1 ,that of the #d1ajc1iga1jjj provided for in direct obligations under this heading1 #c1hdj1cjj1jjj is appropriated from the general fund1 #bdf1aga1jjj is provided by transfer1 and #ag1ejj1jjj is derived from recoveries of prior year obligations3 ,provided further1 ,that any deviation from the amounts designated for specific activities in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act71 or any use of deobligated balances of funds provided under this heading in previous years1 shall be subject to the procedures set forth in section #eje of this ,act3 ,provided further1 ,that in addition1 for necessary retired pay expenses under the ,retired ,serviceman's ,family ,protection and ,survivor ,benefits ,plan1 and for payments for the medical care of retired personnel and their dependents under the ,dependents' ,medical ,care ,act 7#aj ,u4,s4,c4 ch4 #ee71 such sums as may be necessary4 ,,procurement1 ,,acquisition ,,and ,,construction 7,,including ,,transfer ,,of ,,funds7 ,for procurement1 acquisition and construction of capital assets1 including alteration and modification costs1 of the ,national ,oceanic and ,atmospheric ,administration1 #a1ecb1eeh1jjj1 to remain available until ,september #cj1 #bjbc1 except that funds provided for acquisition and construction of vessels and aircraft1 and construction of facilities shall remain available until expended3 ,provided1 ,that of the #a1ede1eeh1jjj provided for in direct obligations under this heading1 #a1ecb1eeh1jjj is appropriated from the general fund and #ac1jjj1jjj is provided from recoveries of prior year obligations3 ,provided further1 ,that any deviation from the amounts designated for specific activities in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act71 or any use of deobligated balances of funds provided under this heading in previous years1 shall be subject to the procedures set forth in section #eje of this ,act3 ,provided further1 ,that the ,secretary of ,commerce shall include in budget justification materials for fiscal year #bjbb that the ,secretary submits to ,congress in support of the ,department of ,commerce budget 7as submitted with the budget of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code7 an estimate for each ,national ,oceanic and ,atmospheric ,administration procurement1 acquisition or construction project having a total of more than #e1jjj1jjj and simultaneously the budget justification shall include an estimate of the budgetary requirements for each such project for each of the #e subsequent fiscal years3 ,provided further1 ,that1 within the amounts appropriated1 #b1jjj1jjj shall be transferred to the ,office of ,inspector ,general account for activities associated with carrying out investigations and audits related to satellite procurement1 acquisition and construction4 ,,pacific ,,coastal ,,salmon ,,recovery ,for necessary expenses associated with the restoration of ,pacific salmon populations1 #fe1jjj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that1 of the funds provided herein1 the ,secretary of ,commerce may issue grants to the ,states of ,washington1 ,oregon1 ,idaho1 ,nevada1 ,california1 and ,alaska1 and to the federally recognized ,tribes of the ,columbia ,river and ,pacific ,coast 7including ,alaska71 for projects necessary for conservation of salmon and steelhead populations that are listed as threatened or endangered1 or that are identified by a ,state as at-risk to be so listed1 for maintaining populations necessary for exercise of ,tribal treaty fishing rights or native subsistence fishing1 or for conservation of ,pacific coastal salmon and steelhead habitat1 based on guidelines to be developed by the ,secretary of ,commerce3 ,provided further1 ,that all funds shall be allocated based on scientific and other merit principles and shall not be available for marketing activities3 ,provided further1 ,that funds disbursed to ,states shall be subject to a matching requirement of funds or documented in-kind contributions of at least #cc percent of the ,federal funds4 ,,fishermen',s ,,contingency ,,fund ,for carrying out the provisions of title ,,iv of ,public ,law #ie-cgb1 not to exceed #cdi1jjj1 to be derived from receipts collected pursuant to that ,act1 to remain available until expended4 ,,fisheries ,,finance ,,program ,,account ,subject to section #ejb of the ,congressional ,budget ,act of #aigd1 during fiscal year #bjba1 obligations of direct loans may not exceed #bd1jjj1jjj for ,individual ,fishing ,quota loans and not to exceed #ajj1jjj1jjj for traditional direct loans as authorized by the ,merchant ,marine ,act of #aicf4 ,departmental management ,,salaries ,,and ,,expenses ,for necessary expenses for the management of the ,department of ,commerce provided for by law1 including not to exceed #d1ejj for official reception and representation1 #gc1jjj1jjj3 ,provided1 ,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 #ij 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 heading4 ,provided further1 ,that amounts made available to the ,department of ,commerce in this or any prior ,act may not be transferred pursuant to section #ejh of this or any prior ,act to the account funded under this heading1 except in the case of extraordinary circumstances that threaten life or property4 ,,renovation ,,and ,,modernization ,for necessary expenses for the renovation and modernization of the ,herbert ,c4 ,hoover ,building1 #a1abc1jjj4 ,,nonrecurring ,,expenses ,,fund ,for necessary expenses for a business application system modernization1 #bj1jjj1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that any unobligated balances of expired discretionary funds transferred to the ,department of ,commerce ,nonrecurring ,expenses ,fund1 as authorized by section #aaa of title ,i of division ,b of ,public ,law #aafic1 may be obligated only after the ,committees on ,appropriations of the ,house of ,representatives and the ,senate are notified at least #ae days in advance of the planned use of funds4 ,,office ,,of ,,inspector ,,general ,for necessary expenses of the ,office of ,inspector ,general in carrying out the provisions of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 #cd1jjj1jjj3 ,provided1 ,that notwithstanding section #fdac of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7,public ,law #aab-if71 an additional #b1jjj1jjj1 to remain available until expended1 shall be derived from the ,public ,safety ,trust ,fund for activities associated with carrying out investigations and audits related to the ,first ,responder ,network ,authority 7,first,net74 ,general provisions--,department of commerce 7,,including ,,transfer ,,of ,,funds7 #aja4 ,during the current fiscal year1 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 #bf1 #aidi 7#ae ,u4,s4,c4 #aead71 to the extent and in the manner prescribed by the ,act1 and1 notwithstanding #ca ,u4,s4,c4 #ccbd1 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 interest4 #ajb4 ,during the current fiscal year1 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 #ca ,u4,s4,c4 #acdc and #acdd2 services as authorized by #e ,u4,s4,c4 #caji2 and uniforms or allowances therefor1 as authorized by law 7#e ,u4,s4,c4 #eija-eijb74 #ajc4 ,not to exceed #e percent of any appropriation made available for the current fiscal year for the ,department of ,commerce in this ,act may be transferred between such appropriations1 but no such appropriation shall be increased by more than #aj percent by any such transfers3 ,provided1 ,that any transfer pursuant to this section shall be treated as a reprogramming of funds under section #eje of this ,act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section3 ,provided further1 ,that the ,secretary of ,commerce shall notify the ,committees on ,appropriations at least #ae days in advance of the acquisition or disposal of any capital asset 7including land1 structures1 and equipment7 not specifically provided for in this ,act or any other law appropriating funds for the ,department of ,commerce4 #ajd4 ,the requirements set forth by section #aje of the ,commerce1 ,justice1 ,science1 and ,related ,agencies ,appropriations ,act1 #bjab 7,public ,law #aab-ee71 as amended by section #aje of title ,i of division ,b of ,public ,law #aac-f1 are hereby adopted by reference and made applicable with respect to fiscal year #bjba3 ,provided1 ,that the life cycle cost for the ,joint ,polar ,satellite ,system is #aa1cbb1abe1jjj1 the life cycle cost of the ,polar ,follow ,on ,program is #f1hcg1ijj1jjj1 the life cycle cost for the ,geostationary ,operational ,environmental ,satellite ,r-,series ,program is #aa1gjj1ajj1jjj1 and the life cycle cost for the ,space ,weather ,follow ,on ,program is #fib1hjj1jjj4 #aje4 ,notwithstanding any other provision of law1 the ,secretary of ,commerce may furnish services 7including but not limited to utilities1 telecommunications1 and security services7 necessary to support the operation1 maintenance1 and improvement of space that persons1 firms1 or organizations are authorized1 pursuant to the ,public ,buildings ,cooperative ,use ,act of #aigf or other authority1 to use or occupy in the ,herbert ,c4 ,hoover ,building1 ,washington1 ,,dc1 or other buildings1 the maintenance1 operation1 and protection of which has been delegated to the ,secretary from the ,administrator of ,general ,services pursuant to the ,federal ,property and ,administrative ,services ,act of #aidi on a reimbursable or non-reimbursable basis4 ,amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized1 up to #bjj1jjj1 shall be credited to the appropriation or fund which initially bears the costs of such services4 #ajf4 ,nothing in this title shall be construed to prevent a grant recipient from deterring child pornography1 copyright infringement1 or any other unlawful activity over its networks4 #ajg4 ,the ,administrator of the ,national ,oceanic and ,atmospheric ,administration is authorized to use1 with their consent1 with reimbursement and subject to the limits of available appropriations1 the land1 services1 equipment1 personnel1 and facilities of any department1 agency1 or instrumentality of the ,united ,states1 or of any ,state1 local government1 ,indian ,tribal government1 ,territory1 or possession1 or of any political subdivision thereof1 or of any foreign government or international organization1 for purposes related to carrying out the responsibilities of any statute administered by the ,national ,oceanic and ,atmospheric ,administration4 #ajh4 ,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 online4 ,should a customer still require the ,service to provide a printed or digital copy of the report or document1 the charge shall be limited to recovering the ,service's cost of processing1 reproducing1 and delivering such report or document4 #aji4 ,to carry out the responsibilities of the ,national ,oceanic and ,atmospheric ,administration 7,,noaa71 the ,administrator of ,,noaa is authorized to3 7#a7 enter into grants and cooperative agreements with2 7#b7 use on a non-reimbursable basis land1 services1 equipment1 personnel1 and facilities provided by2 and 7#c7 receive and expend funds made available on a consensual basis from3 a ,federal agency1 ,state or subdivision thereof1 local government1 ,tribal government1 ,territory1 or possession or any subdivisions thereof3 ,provided1 ,that funds received for permitting and related regulatory activities pursuant to this section shall be deposited under the heading ,national ,oceanic and ,atmospheric ,administration--,operations1 ,research1 and ,facilities and shall remain available until ,september #cj1 #bjbb1 for such purposes3 ,provided further1 ,that all funds within this section and their corresponding uses are subject to section #eje of this ,act4 #aaj4 ,amounts provided by this ,act or by any prior appropriations ,act that remain available for obligation1 for necessary expenses of the programs of the ,economics and ,statistics ,administration of the ,department of ,commerce1 including amounts provided for programs of the ,bureau of ,economic ,analysis and the ,bureau of the ,census1 shall be available for expenses of cooperative agreements with appropriate entities1 including any ,federal1 ,state1 or local governmental unit1 or institution of higher education1 to aid and promote statistical1 research1 and methodology activities which further the purposes for which such amounts have been made available4 #aaa4 ,amounts provided by this ,act for the ,hollings ,manufacturing ,extension ,partnership under the heading ,national ,institute of ,standards and ,technology--,industrial ,technology ,services shall not be subject to cost share requirements under #ae ,u4,s4,c4 #bghk7e77#b73 ,provided1 ,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 requirement4 #aab4 ,the ,secretary of ,commerce1 or the designee of the ,secretary1 may waive the matching requirements under sections #cjf and #cjf;,a1 and the cost sharing requirements under section #cae1 of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adee1 #adee;a1 and #adfa7 as necessary for amounts made available under this ,act under the heading ,operations1 ,research1 and ,facilities under the heading ,national ,oceanic and ,atmospheric ,administration4 #aac4 ,of unobligated balances of amounts provided to the ,bureau of the ,census under this or any prior appropriations ,act1 up to #bjh1jjj1jjj 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 ,bureau3 ,provided1 ,that the amounts previously provided by the ,congress for the #bjbj ,census remain available only for the period of time as provided when initially enacted3 ,provided further1 ,that this transfer authority is in addition to any other transfer authority in this ,act3 ,provided further1 ,that no amounts may be transferred that were previously designated by the ,congress for the #bjbj ,census pursuant to section #bea7;b77#b77;,g7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 as amended3 ,provided further1 ,that such amounts may be obligated only after the ,committees on ,appropriations of the ,house of ,representatives and the ,senate are notified at least #ae days in advance of the planned use of funds4 ,this title may be cited as the ,department of ,commerce ,appropriations ,act1 #bjba4 ,,ii ,,department ,,of ,,justice ,general administration ,,salaries ,,and ,,expenses ,for expenses necessary for the administration of the ,department of ,justice1 #aai1jjj1jjj1 of which not to exceed #d1jjj1jjj for security and construction of ,department of ,justice facilities shall remain available until expended4 ,,justice ,,information ,,sharing ,,technology 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses for information sharing technology1 including planning1 development1 deployment and departmental direction1 #cd1jjj1jjj1 to remain available until expended3 ,provided1 ,that the ,attorney ,general may transfer up to #dj1jjj1jjj to this account1 from funds available to the ,department of ,justice for information technology1 to remain available until expended1 for enterprise-wide information technology initiatives3 ,provided further1 ,that the transfer authority in the preceding proviso is in addition to any other transfer authority contained in this ,act3 ,provided further1 ,that any transfer pursuant to the first proviso shall be treated as a reprogramming under section #eje of this ,act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section4 ,executive office for immigration review 7,,including ,,transfer ,,of ,,funds7 ,for expenses necessary for the administration of immigration-related activities of the ,executive ,office for ,immigration ,review1 #gcd1jjj1jjj1 of which #d1jjj1jjj shall be derived by transfer from the ,executive ,office for ,immigration ,review fees deposited in the ,immigration ,examinations ,fee account1 and of which not less than #bb1ejj1jjj shall be available for services and activities provided by the ,legal ,orientation ,program3 ,provided1 ,that not to exceed #ce1jjj1jjj of the total amount made available under this heading shall remain available until expended4 ,office of inspector general ,for necessary expenses of the ,office of ,inspector ,general1 #aaj1efe1jjj1 including not to exceed #aj1jjj to meet unforeseen emergencies of a confidential character3 ,provided1 ,that not to exceed #d1jjj1jjj shall remain available until ,september #cj1 #bjbb4 ,united states parole commission ,,salaries ,,and ,,expenses ,for necessary expenses of the ,united ,states ,parole ,commission as authorized1 #ac1eci1jjj3 ,provided1 ,that1 notwithstanding any other provision of law1 upon the expiration of a term of office of a ,commissioner1 the ,commissioner may continue to act until a successor has been appointed4 ,legal activities ,,salaries ,,and ,,expenses1 ,,general ,,legal ,,activities 7,,including ,,transfer ,,of ,,funds7 ,for expenses necessary for the legal activities of the ,department of ,justice1 not otherwise provided for1 including not to exceed #bj1jjj for expenses of collecting evidence1 to be expended under the direction of1 and to be accounted for solely under the certificate of1 the ,attorney ,general2 the administration of pardon and clemency petitions2 and rent of private or ,government-owned space in the ,district of ,columbia1 #ifj1jjj1jjj1 of which not to exceed #bj1jjj1jjj for litigation support contracts shall remain available until expended3 ,provided1 ,that of the amount provided for ,,interpol ,washington dues payments1 not to exceed #fhe1jjj shall remain available until expended3 ,provided further1 ,that of the total amount appropriated1 not to exceed #i1jjj shall be available to ,,interpol ,washington for official reception and representation expenses3 ,provided further1 ,that of the total amount appropriated1 not to exceed #i1jjj shall be available to the ,criminal ,division for official reception and representation expenses3 ,provided further1 ,that notwithstanding section #bje of this ,act1 upon a determination by the ,attorney ,general that emergent circumstances require additional funding for litigation activities of the ,civil ,division1 the ,attorney ,general may transfer such amounts to ,salaries and ,expenses1 ,general ,legal ,activities from available appropriations for the current fiscal year for the ,department of ,justice1 as may be necessary to respond to such circumstances3 ,provided further1 ,that any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section #eje of this ,act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section3 ,provided further1 ,that of the amount appropriated1 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 #h of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcje7 and to reimburse the ,office of ,personnel ,management for such salaries and expenses3 ,provided further1 ,that of the amounts provided under this heading for the election monitoring program1 #c1cij1jjj shall remain available until expended3 ,provided further1 ,that of the amount appropriated1 not less than #aie1ged1jjj shall be available for the ,criminal ,division1 including related expenses for the ,mutual ,legal ,assistance ,treaty ,program4 ,in addition1 for expenses of the ,department of ,justice associated with processing cases under the ,national ,childhood ,vaccine ,injury ,act of #aihf1 not to exceed #ag1jjj1jjj1 to be appropriated from the ,vaccine ,injury ,compensation ,trust ,fund and to remain available until expended4 ,,salaries ,,and ,,expenses1 ,,antitrust ,,division ,for expenses necessary for the enforcement of antitrust and kindred laws1 #ahd1ebd1jjj1 to remain available until expended3 ,provided1 ,that notwithstanding any other provision of law1 fees collected for premerger notification filings under the ,hart-,scott-,rodino ,antitrust ,improvements ,act of #aigf 7#ae ,u4,s4,c4 #ah;a71 regardless of the year of collection 7and estimated to be #aej1jjj1jjj in fiscal year #bjba71 shall be retained and used for necessary expenses in this appropriation1 and shall remain available until expended3 ,provided further1 ,that the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year #bjba1 so as to result in a final fiscal year #bjba appropriation from the general fund estimated at #cd1ebd1jjj4 ,,salaries ,,and ,,expenses1 ,,united ,,states ,,attorneys ,for necessary expenses of the ,offices of the ,united ,states ,attorneys1 including inter-governmental and cooperative agreements1 #b1cdb1agg1jjj3 ,provided1 ,that of the total amount appropriated1 not to exceed #g1bjj shall be available for official reception and representation expenses3 ,provided further1 ,that not to exceed #be1jjj1jjj shall remain available until expended3 ,provided further1 ,that each ,united ,states ,attorney shall establish or participate in a task force on human trafficking4 ,,united ,,states ,,trustee ,,system ,,fund ,for necessary expenses of the ,united ,states ,trustee ,program1 as authorized1 #bcb1cfa1jjj1 to remain available until expended3 ,provided1 ,that1 notwithstanding any other provision of law1 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 depositors3 ,provided further1 ,that1 notwithstanding any other provision of law1 fees deposited into the ,fund pursuant to section #ehi;a7b7 of title #bh1 ,united ,states ,code 7as limited by section #ajjd7;b7 of the ,bankruptcy ,judgeship ,act of #bjag 7division ,b of ,public ,law #aae-gb771 shall be retained and used for necessary expenses in this appropriation and shall remain available until expended3 ,provided further1 ,that to the extent that fees deposited into the ,fund in fiscal year #bjba1 net of amounts necessary to pay refunds due depositors1 exceed #bcb1cfa1jjj1 those excess amounts shall be available in future fiscal years only to the extent provided in advance in appropriations ,acts3 ,provided further1 ,that the sum herein appropriated from the general fund shall be reduced 7#a7 as such fees are received during fiscal year #bjba1 net of amounts necessary to pay refunds due depositors1 7estimated at #cah1jjj1jjj7 and 7#b7 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 appropriated1 so as to result in a final fiscal year #bjba appropriation from the general fund estimated at #j4 ,,salaries ,,and ,,expenses1 ,,foreign ,,claims ,,settlement ,,commission ,for expenses necessary to carry out the activities of the ,foreign ,claims ,settlement ,commission1 including services as authorized by section #caji of title #e1 ,united ,states ,code1 #b1cff1jjj4 ,,fees ,,and ,,expenses ,,of ,,witnesses ,for fees and expenses of witnesses1 for expenses of contracts for the procurement and supervision of expert witnesses1 for private counsel expenses1 including advances1 and for expenses of foreign counsel1 #bgj1jjj1jjj1 to remain available until expended1 of which not to exceed #af1jjj1jjj is for construction of buildings for protected witness safesites2 not to exceed #c1jjj1jjj is for the purchase and maintenance of armored and other vehicles for witness security caravans2 and not to exceed #be1jjj1jjj is for the purchase1 installation1 maintenance1 and upgrade of secure telecommunications equipment and a secure automated information network to store and retrieve the identities and locations of protected witnesses3 ,provided1 ,that amounts made available under this heading may not be transferred pursuant to section #bje of this ,act4 ,,salaries ,,and ,,expenses1 ,,community ,,relations ,,service 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses of the ,community ,relations ,service1 #ah1jjj1jjj3 ,provided1 ,that notwithstanding section #bje of this ,act1 upon a determination by the ,attorney ,general that emergent circumstances require additional funding for conflict resolution and violence prevention activities of the ,community ,relations ,service1 the ,attorney ,general may transfer such amounts to the ,community ,relations ,service1 from available appropriations for the current fiscal year for the ,department of ,justice1 as may be necessary to respond to such circumstances3 ,provided further1 ,that any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section #eje of this ,act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section4 ,,assets ,,forfeiture ,,fund ,for expenses authorized by subparagraphs 7,b71 7,f71 and 7,g7 of section #ebd7;c77#a7 of title #bh1 ,united ,states ,code1 #bj1ead1jjj1 to be derived from the ,department of ,justice ,assets ,forfeiture ,fund4 ,united states marshals service ,,salaries ,,and ,,expenses ,for necessary expenses of the ,united ,states ,marshals ,service1 #a1dif1jjj1jjj1 of which not to exceed #f1jjj shall be available for official reception and representation expenses1 and not to exceed #be1jjj1jjj shall remain available until expended4 ,,construction ,for construction in space that is controlled1 occupied1 or utilized by the ,united ,states ,marshals ,service for prisoner holding and related support1 #ae1jjj1jjj1 to remain available until expended4 ,,federal ,,prisoner ,,detention ,for necessary expenses related to ,united ,states prisoners in the custody of the ,united ,states ,marshals ,service as authorized by section #djac of title #ah1 ,united ,states ,code1 #b1jdf1fji1jjj1 to remain available until expended3 ,provided1 ,that not to exceed #bj1jjj1jjj shall be considered funds appropriated for ,state and local law enforcement assistance pursuant to section #djac7;b7 of title #ah1 ,united ,states ,code3 ,provided further1 ,that the ,united ,states ,marshals ,service shall be responsible for managing the ,justice ,prisoner and ,alien ,transportation ,system4 ,national security division ,,salaries ,,and ,,expenses 7,,including ,,transfer ,,of ,,funds7 ,for expenses necessary to carry out the activities of the ,national ,security ,division1 #aag1dea1jjj1 of which not to exceed #e1jjj1jjj for information technology systems shall remain available until expended3 ,provided1 ,that notwithstanding section #bje of this ,act1 upon a determination by the ,attorney ,general that emergent circumstances require additional funding for the activities of the ,national ,security ,division1 the ,attorney ,general may transfer such amounts to this heading from available appropriations for the current fiscal year for the ,department of ,justice1 as may be necessary to respond to such circumstances3 ,provided further1 ,that any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section #eje of this ,act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section4 ,interagency law enforcement ,,interagency ,,crime ,,and ,,drug ,,enforcement ,for necessary expenses for the identification1 investigation1 and prosecution of individuals associated with the most significant drug trafficking organizations1 transnational organized crime1 and money laundering organizations not otherwise provided for1 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 trafficking1 #eej1deh1jjj1 of which #ej1jjj1jjj shall remain available until expended3 ,provided1 ,that any amounts obligated from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation4 ,federal bureau of investigation ,,salaries ,,and ,,expenses ,for necessary expenses of the ,federal ,bureau of ,investigation for detection1 investigation1 and prosecution of crimes against the ,united ,states1 #i1gdh1fhf1jjj1 of which not to exceed #baf1ijj1jjj shall remain available until expended3 ,provided1 ,that not to exceed #bhd1jjj shall be available for official reception and representation expenses4 ,,construction ,for necessary expenses1 to include the cost of equipment1 furniture1 and information technology requirements1 related to construction or acquisition of buildings1 facilities1 and sites by purchase1 or as otherwise authorized by law2 conversion1 modification1 and extension of federally owned buildings2 preliminary planning and design of projects2 and operation and maintenance of secure work environment facilities and secure networking capabilities2 #eff1ajj1jjj1 to remain available until expended4 ,drug enforcement administration ,,salaries ,,and ,,expenses ,for necessary expenses of the ,drug ,enforcement ,administration1 including not to exceed #gj1jjj to meet unforeseen emergencies of a confidential character pursuant to section #ecj;,c of title #bh1 ,united ,states ,code2 and expenses for conducting drug education and training programs1 including travel and related expenses for participants in such programs and the distribution of items of token value that promote the goals of such programs1 #b1ccf1bfc1jjj1 of which not to exceed #ge1jjj1jjj shall remain available until expended and not to exceed #ij1jjj shall be available for official reception and representation expenses3 ,provided1 ,that1 notwithstanding section #cfgb of ,public ,law #ajf-caj1 up to #aj1jjj1jjj may be used to reimburse ,states1 units of local government1 ,indian ,tribal ,governments1 other public entities1 and multi-jurisdictional or regional consortia thereof for expenses incurred to clean up and safely dispose of substances associated with clandestine methamphetamine laboratories1 conversion and extraction operations1 tableting operations1 or laboratories and processing operations for fentanyl and fentanyl-related substances which may present a danger to public health or the environment4 ,,construction ,for necessary expenses1 to include the cost of preliminary planning and design1 equipment1 furniture1 and information technology requirements1 related to the construction or acquisition of buildings1 facilities1 and sites by purchase1 or as otherwise authorized by law1 for the addition of a laboratory and warehouse to meet the demand of testing drugs1 including fentanyl1 #ej1jjj1jjj1 to remain available until expended4 ,bureau of alcohol1 tobacco1 firearms and explosives ,,salaries ,,and ,,expenses ,for necessary expenses of the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives1 for training of ,state and local law enforcement agencies with or without reimbursement1 including training in connection with the training and acquisition of canines for explosives and fire accelerants detection2 and for provision of laboratory assistance to ,state and local law enforcement agencies1 with or without reimbursement1 #a1dhc1hhg1jjj1 of which not to exceed #cf1jjj shall be for official reception and representation expenses1 not to exceed #a1jjj1jjj shall be available for the payment of attorneys' fees as provided by section #ibd7;d77#b7 of title #ah1 ,united ,states ,code1 and not to exceed #be1jjj1jjj shall remain available until expended3 ,provided1 ,that none of the funds appropriated herein shall be available to investigate or act upon applications for relief from ,federal firearms disabilities under section #ibe7;c7 of title #ah1 ,united ,states ,code3 ,provided further1 ,that such funds shall be available to investigate and act upon applications filed by corporations for relief from ,federal firearms disabilities under section #ibe7;c7 of title #ah1 ,united ,states ,code3 ,provided further1 ,that no funds made available by this or any other ,act may be used to transfer the functions1 missions1 or activities of the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives to other agencies or ,departments4 ,federal prison system ,,salaries ,,and ,,expenses 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses of the ,federal ,prison ,system for the administration1 operation1 and maintenance of ,federal penal and correctional institutions1 and for the provision of technical assistance and advice on corrections related issues to foreign governments1 #g1gjh1cge1jjj1 of which not less than #dji1dhc1jjj shall be for the programs and activities authorized by the ,first ,step ,act of #bjah 7,public ,law #aae-cia73 ,provided1 ,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 institutions3 ,provided further1 ,that the ,director of the ,federal ,prison ,system1 where necessary1 may enter into contracts with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to persons who1 on behalf of the ,federal ,prison ,system1 furnish health services to individuals committed to the custody of the ,federal ,prison ,system3 ,provided further1 ,that not to exceed #e1djj shall be available for official reception and representation expenses3 ,provided further1 ,that not to exceed #ej1jjj1jjj shall remain available until expended for necessary operations3 ,provided further1 ,that1 of the amounts provided for contract confinement1 not to exceed #bj1jjj1jjj shall remain available until expended to make payments in advance for grants1 contracts and reimbursable agreements1 and other expenses3 ,provided further1 ,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 past1 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 services1 halfway houses1 or other custodial facilities4 ,,buildings ,,and ,,facilities ,for planning1 acquisition of sites1 and construction of new facilities2 purchase and acquisition of facilities and remodeling1 and equipping of such facilities for penal and correctional use1 including all necessary expenses incident thereto1 by contract or force account2 and constructing1 remodeling1 and equipping necessary buildings and facilities at existing penal and correctional institutions1 including all necessary expenses incident thereto1 by contract or force account1 #abg1jjj1jjj1 to remain available until expended3 ,provided1 ,that labor of ,united ,states prisoners may be used for work performed under this appropriation4 ,,federal ,,prison ,,industries1 ,,incorporated ,the ,federal ,prison ,industries1 ,incorporated1 is hereby authorized to make such expenditures within the limits of funds and borrowing authority available1 and in accord with the law1 and to make such contracts and commitments without regard to fiscal year limitations as provided by section #iajd of title #ca1 ,united ,states ,code1 as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation4 ,,limitation ,,on ,,administrative ,,expenses1 ,,federal ,,prison ,,industries1 ,,incorporated ,not to exceed #b1gjj1jjj of the funds of the ,federal ,prison ,industries1 ,incorporated1 shall be available for its administrative expenses1 and for services as authorized by section #caji of title #e1 ,united ,states ,code1 to be computed on an accrual basis to be determined in accordance with the corporation's current prescribed accounting system1 and such amounts shall be exclusive of depreciation1 payment of claims1 and expenditures which such accounting system requires to be capitalized or charged to cost of commodities acquired or produced1 including selling and shipping expenses1 and expenses in connection with acquisition1 construction1 operation1 maintenance1 improvement1 protection1 or disposition of facilities and other property belonging to the corporation or in which it has an interest4 ,state and local law enforcement activities ,office on violence against women ,,violence ,,against ,,women ,,prevention ,,and ,,prosecution ,,programs 7,,including ,,transfer ,,of ,,funds7 ,for grants1 contracts1 cooperative agreements1 and other assistance for the prevention and prosecution of violence against women1 as authorized by the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq47 7the #aifh ,act72 the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7,public ,law #ajc-cbb7 7the #aiid ,act72 the ,victims of ,child ,abuse ,act of #aiij 7,public ,law #aja-fdg7 7the #aiij ,act72 the ,prosecutorial ,remedies and ,other ,tools to end the ,exploitation of ,children ,today ,act of #bjjc 7,public ,law #ajh-ba72 the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#cd ,u4,s4,c4 #aaaja et seq47 7the #aigd ,act72 the ,victims of ,trafficking and ,violence ,protection ,act of #bjjj 7,public ,law #ajf-chf7 7the #bjjj ,act72 the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje 7,public ,law #aji-afb7 7the #bjje ,act72 the ,violence ,against ,women ,reauthorization ,act of #bjac 7,public ,law #aac-d7 7the #bjac ,act72 the ,rape ,survivor ,child ,custody ,act of #bjae 7,public ,law #aad-bb7 7the #bjae ,act72 and the ,abolish ,human ,trafficking ,act 7,public ,law #aae-cib72 and for related victims services1 #eac1ejj1jjj1 to remain available until expended1 of which #dce1jjj1jjj shall be derived by transfer from amounts available for obligation in this ,act from the ,fund established by section #adjb of chapter ,,xiv of title ,,ii of ,public ,law #ih-dgc 7#cd ,u4,s4,c4 #bjaja71 notwithstanding section #adjb7;d7 of such ,act of #aihd1 and merged with the amounts otherwise made available under this heading3 ,provided1 ,that except as otherwise provided by law1 not to exceed #e percent of funds made available under this heading may be used for expenses related to evaluation1 training1 and technical assistance3 ,provided further1 ,that any balances remaining available from prior year appropriations under this heading for tracking violence against ,indian women1 as authorized by section #ije of the #bjje ,act1 shall also be available to enhance the ability of ,tribal ,government entities to access1 enter information into1 and obtain information from1 ,federal criminal information databases1 as authorized by section #ecd of title #bh1 ,united ,states ,code3 ,provided further1 ,that some or all of such balances may be transferred1 at the discretion of the ,attorney ,general1 to ,general ,administration1 ,justice ,information ,sharing ,technology for the ,tribal ,access ,program for national crime information in furtherance of this purpose3 ,provided further1 ,that the authority to transfer funds under the previous proviso shall be in addition to any other transfer authority contained in this ,act3 ,provided further1 ,that of the amount provided-- 7#a7 #bae1jjj1jjj is for grants to combat violence against women1 as authorized by part ,t of the #aifh ,act2 7#b7 #dj1jjj1jjj is for transitional housing assistance grants for victims of domestic violence1 dating violence1 stalking1 or sexual assault as authorized by section #djbii of the #aiid ,act2 7#c7 #b1ejj1jjj is for the ,national ,institute of ,justice and the ,bureau of ,justice ,statistics for research1 evaluation1 and statistics of violence against women and related issues addressed by grant programs of the ,office on ,violence ,against ,women1 which shall be transferred to ,research1 ,evaluation and ,statistics for administration by the ,office of ,justice ,programs2 7#d7 #ab1jjj1jjj is for a grant program to provide services to advocate for and respond to youth victims of domestic violence1 dating violence1 sexual assault1 and stalking2 assistance to children and youth exposed to such violence2 programs to engage men and youth in preventing such violence2 and assistance to middle and high school students through education and other services related to such violence3 ,provided1 ,that unobligated balances available for the programs authorized by sections #dabja1 #dabjd1 #dacjc1 and #dacje of the #aiid ,act1 prior to its amendment by the #bjac ,act1 shall be available for this program3 ,provided further1 ,that #aj percent of the total amount available for this grant program shall be available for grants under the program authorized by section #bjae of the #aifh ,act3 ,provided further1 ,that the definitions and grant conditions in section #djjjb of the #aiid ,act shall apply to this program2 7#e7 #ec1jjj1jjj is for grants to encourage arrest policies as authorized by part ,u of the #aifh ,act1 of which #d1jjj1jjj is for a homicide reduction initiative2 7#f7 #da1jjj1jjj is for sexual assault victims assistance1 as authorized by section #dafja of the #aiid ,act2 7#g7 #de1jjj1jjj is for rural domestic violence and child abuse enforcement assistance grants1 as authorized by section #djbie of the #aiid ,act2 7#h7 #bj1jjj1jjj is for grants to reduce violent crimes against women on campus1 as authorized by section #cjd of the #bjje ,act2 7#i7 #dg1jjj1jjj is for legal assistance for victims1 as authorized by section #abja of the #bjjj ,act2 7#aj7 #e1ejj1jjj is for enhanced training and services to end violence against and abuse of women in later life1 as authorized by section #djhja of the #aiid ,act2 7#aa7 #ah1jjj1jjj is for grants to support families in the justice system1 as authorized by section #acja of the #bjjj ,act3 ,provided1 ,that unobligated balances available for the programs authorized by section #acja of the #bjjj ,act and section #dajjb of the #aiid ,act1 prior to their amendment by the #bjac ,act1 shall be available for this program2 7#ab7 #f1ejj1jjj is for education and training to end violence against and abuse of women with disabilities1 as authorized by section #adjb of the #bjjj ,act2 7#ac7 #a1jjj1jjj is for the ,national ,resource ,center on ,workplace ,responses to assist victims of domestic violence1 as authorized by section #daeja of the #aiid ,act2 7#ad7 #a1jjj1jjj is for analysis and research on violence against ,indian women1 including as authorized by section #ijd of the #bjje ,act3 ,provided1 ,that such funds may be transferred to ,research1 ,evaluation and ,statistics for administration by the ,office of ,justice ,programs2 7#ae7 #ejj1jjj is for a national clearinghouse that provides training and technical assistance on issues relating to sexual assault of ,american ,indian and ,alaska ,native women2 7#af7 #d1jjj1jjj is for grants to assist ,tribal ,governments in exercising special domestic violence criminal jurisdiction1 as authorized by section #ijd of the #bjac ,act3 ,provided1 ,that the grant conditions in section #djjjb7;b7 of the #aiid ,act shall apply to this program2 and 7#ag7 #a1ejj1jjj is for the purposes authorized under the #bjae ,act4 ,office of justice programs ,,research1 ,,evaluation ,,and ,,statistics ,for grants1 contracts1 cooperative agreements1 and other assistance authorized by title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7the #aifh ,act72 the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7,public ,law #ajc-cbb7 7the #aiid ,act72 the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7the #aigd ,act72 the ,missing ,children's ,assistance ,act 7#cd ,u4,s4,c4 #aabia et seq472 the ,prosecutorial ,remedies and ,other ,tools to end the ,exploitation of ,children ,today ,act of #bjjc 7,public ,law #ajh-ba7 7the ,,protect ,act72 the ,justice for ,all ,act of #bjjd 7,public ,law #ajh-dje72 the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje 7,public ,law #aji-afb7 7the #bjje ,act72 the ,victims of ,child ,abuse ,act of #aiij 7,public ,law #aja-fdg72 the ,second ,chance ,act of #bjjg 7,public ,law #aaj-aii72 the ,victims of ,crime ,act of #aihd 7,public ,law #ih-dgc72 the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7,public ,law #aji-bdh7 7the ,adam ,walsh ,act72 the ,,protect ,our ,children ,act of #bjjh 7,public ,law #aaj-dja72 subtitle ,c of title ,,ii of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif7 7the #bjjb ,act72 the ,prison ,rape ,elimination ,act of #bjjc 7,public ,law #ajh-gi7 7,,prea72 the ,,nics ,improvement ,amendments ,act of #bjjg 7,public ,law #aaj-ahj72 the ,violence ,against ,women ,reauthorization ,act of #bjac 7,public ,law #aac-d7 7the #bjac ,act72 the ,comprehensive ,addiction and ,recovery ,act of #bjaf 7,public ,law #aad-aih72 the ,first ,step ,act of #bjah 7,public ,law #aae-cia72 and other programs1 #hb1jjj1jjj1 to remain available until expended1 of which-- 7#a7 #de1jjj1jjj is for criminal justice statistics programs1 and other activities1 as authorized by part ,c of title ,i of the #aifh ,act1 of which #c1jjj1jjj is for a data collection on law enforcement suicide2 and 7#b7 #cg1jjj1jjj is for research1 development1 and evaluation programs1 and other activities as authorized by part ,b of title ,i of the #aifh ,act and subtitle ,c of title ,,ii of the #bjjb ,act1 and for activities authorized by or consistent with the ,first ,step ,act of #bjah1 of which #f1jjj1jjj is for research targeted toward developing a better understanding of the domestic radicalization phenomenon1 and advancing evidence-based strategies for effective intervention and prevention2 #a1jjj1jjj 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 ,act2 #a1ejj1jjj is for a national study to identify improvements for law enforcement officials who respond to and investigate child pornography crimes2 #d1jjj1jjj is for the research1 design1 and testing of a scalable national model to reduce incarceration rates for minor probation and parole violations2 and not less than #b1jjj1jjj is for research1 testing1 and evaluation of the use of counter-unmanned aircraft systems in support of law enforcement operations4 ,,state ,,and ,,local ,,law ,,enforcement ,,assistance 7,,including ,,transfer ,,of ,,funds7 ,for grants1 contracts1 cooperative agreements1 and other assistance authorized by the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7,public ,law #ajc-cbb7 7the #aiid ,act72 the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7,public ,law #ij-cea7 7the #aifh ,act72 the ,justice for ,all ,act of #bjjd 7,public ,law #ajh-dje72 the ,victims of ,child ,abuse ,act of #aiij 7,public ,law #aja-fdg7 7the #aiij ,act72 the ,trafficking ,victims ,protection ,reauthorization ,act of #bjje 7,public ,law #aji-afd72 the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje 7,public ,law #aji-afb7 7the #bjje ,act72 the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7,public ,law #aji-bdh7 7the ,adam ,walsh ,act72 the ,victims of ,trafficking and ,violence ,protection ,act of #bjjj 7,public ,law #ajf-chf72 the ,,nics ,improvement ,amendments ,act of #bjjg 7,public ,law #aaj-ahj72 subtitle ,c of title ,,ii of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif7 7the #bjjb ,act72 the ,prison ,rape ,elimination ,act of #bjjc 7,public ,law #ajh-gi72 the ,second ,chance ,act of #bjjg 7,public ,law #aaj-aii72 the ,prioritizing ,resources and ,organization for ,intellectual ,property ,act of #bjjh 7,public ,law #aaj-djc72 the ,victims of ,crime ,act of #aihd 7,public ,law #ih-dgc72 the ,mentally ,ill ,offender ,treatment and ,crime ,reduction ,reauthorization and ,improvement ,act of #bjjh 7,public ,law #aaj-daf72 the ,violence ,against ,women ,reauthorization ,act of #bjac 7,public ,law #aac-d7 7the #bjac ,act72 the ,comprehensive ,addiction and ,recovery ,act of #bjaf 7,public ,law #aad-aih7 7,,cara72 the ,justice for ,all ,reauthorization ,act of #bjaf 7,public ,law #aad-cbd72 ,kevin and ,avonte's ,law 7division ,q of ,public ,law #aae-ada7 7,kevin and ,avonte's ,law72 the ,keep ,young ,athletes ,safe ,act of #bjah 7title ,,iii of division ,s of ,public ,law #aae-ada7 7the ,keep ,young ,athletes ,safe ,act72 the ,,stop ,school ,violence ,act of #bjah 7title ,v of division ,s of ,public ,law #aae-ada7 7the ,,stop ,school ,violence ,act72 the ,fix ,,nics ,act of #bjah 7title ,,vi of division ,s of ,public ,law #aae-ada72 the ,project ,safe ,neighborhoods ,grant ,program ,authorization ,act of #bjah 7,public ,law #aae-ahe72 the ,,support for ,patients and ,communities ,act 7,public ,law #aae-bga72 the ,second ,chance ,reauthorization ,act of #bjah 7,public ,law #aae-cia72 the ,matthew ,shepard and ,james ,byrd1 ,jr4 ,hate ,crimes ,prevention ,act 7,public ,law #aaa-hd72 the ,ashanti ,alert ,act of #bjah 7,public ,law #aae-dja72 and other programs1 #a1iad1jjj1jjj1 to remain available until expended as follows-- 7#a7 #dhd1jjj1jjj for the ,edward ,byrne ,memorial ,justice ,assistance ,grant program as authorized by subpart #a of part ,e of title ,i of the #aifh ,act 7except that section #ajja7;c71 and the special rules for ,puerto ,rico under section #eje7;g71 of title ,i of the #aifh ,act shall not apply for purposes of this ,act71 of which1 notwithstanding such subpart #a-- 7,a7 #ac1jjj1jjj is for an ,officer ,robert ,wilson ,,iii memorial initiative on ,preventing ,violence ,against ,law ,enforcement and ,ensuring ,officer ,resilience and ,survivability 7,,valor72 7,b7 #h1jjj1jjj is for an initiative to support evidence-based policing2 7,c7 #h1jjj1jjj is for an initiative to enhance prosecutorial decision-making2 7,d7 #b1djj1jjj is for the operation1 maintenance1 and expansion of the ,national ,missing and ,unidentified ,persons ,system2 7,e7 #g1ejj1jjj is for a grant program for ,state and local law enforcement to provide officer training on responding to individuals with mental illness or disabilities2 7,f7 #b1jjj1jjj is for a student loan repayment assistance program pursuant to section #ieb of ,public ,law #aaj-cae2 7,g7 #ae1ejj1jjj is for prison rape prevention and prosecution grants to ,states and units of local government1 and other programs1 as authorized by the ,prison ,rape ,elimination ,act of #bjjc 7,public ,law #ajh-gi72 7,h7 #c1jjj1jjj is for a grant program authorized by ,kevin and ,avonte's ,law2 7,i7 #d1jjj1jjj is for the establishment of a national center on forensics at an accredited university of higher education with affiliate medical and law schools1 in partnership with a co-located full-service ,state department of forensic science with a medical examiner function2 7,j7 #bj1jjj1jjj is for grants authorized under the ,project ,safe ,neighborhoods ,grant ,authorization ,act of #bjah 7,public ,law #aae-ahe72 7,k7 #g1jjj1jjj is for the ,capital ,litigation ,improvement ,grant ,program1 as authorized by section #dbf of ,public ,law #ajh-dje1 and for grants for wrongful conviction review2 7,l7 #ad1jjj1jjj is for community-based violence prevention initiatives2 7,m7 #c1jjj1jjj is for a national center for restorative justice2 7,n7 #a1jjj1jjj is for the purposes of the ,ashanti ,alert ,network as authorized under the ,ashanti ,alert ,act of #bjah 7,public ,law #aae-dja72 7,o7 #c1ejj1jjj is for a grant program to replicate family-based alternative sentencing pilot programs2 7,p7 #a1jjj1jjj is for a grant program to support child advocacy training in post-secondary education2 7,q7 #g1jjj1jjj is for a rural violent crime initiative1 including assistance for law enforcement2 7,r7 #b1jjj1jjj is for grants to ,states and units of local government to deploy managed access systems to combat contraband cell phone use in prison2 and 7,s7 #b1jjj1jjj is for grants for development of child-friendly family visitation spaces in correctional facilities2 7#b7 #bdd1jjj1jjj for the ,state ,criminal ,alien ,assistance ,program1 as authorized by section #bda7;i77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;i77#e773 ,provided1 ,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 facilities2 7#c7 #he1jjj1jjj for victim services programs for victims of trafficking1 as authorized by section #ajg7;b77#b7 of ,public ,law #ajf-chf1 for programs authorized under ,public ,law #aji-afd1 or programs authorized under ,public ,law #aac-d2 7#d7 #ab1jjj1jjj for economic1 high technology1 white collar1 and ,internet crime prevention grants1 including as authorized by section #dja of ,public ,law #aaj-djc1 of which #b1ejj1jjj is for competitive grants that help ,state and local law enforcement tackle intellectual property thefts1 and #b1jjj1jjj is for grants to develop databases on ,internet of ,things device capabilities and to build and execute training modules for law enforcement2 7#e7 #bj1jjj1jjj for sex offender management assistance1 as authorized by the ,adam ,walsh ,act1 and related activities2 7#f7 #cj1jjj1jjj for the ,patrick ,leahy ,bulletproof ,vest ,partnership ,grant ,program1 as authorized by section #beja of title ,i of the #aifh ,act3 ,provided1 ,that #a1ejj1jjj is transferred directly to the ,national ,institute of ,standards and ,technology's ,office of ,law ,enforcement ,standards for research1 testing1 and evaluation programs2 7#g7 #a1jjj1jjj for the ,national ,sex ,offender ,public ,website2 7#h7 #he1jjj1jjj for grants to ,states to upgrade criminal and mental health records for the ,national ,instant ,criminal ,background ,check ,system1 of which no less than #be1jjj1jjj shall be for grants made under the authorities of the ,,nics ,improvement ,amendments ,act of #bjjg 7,public ,law #aaj-ahj7 and ,fix ,,nics ,act of #bjah2 7#i7 #cc1jjj1jjj for ,paul ,coverdell ,forensic ,sciences ,improvement ,grants under part ,,bb of title ,i of the #aifh ,act2 7#aj7 #ada1jjj1jjj for ,,dna-related and forensic programs and activities1 of which-- 7,a7 #aaj1jjj1jjj is for the purposes authorized under section #b of the ,,dna ,analysis ,backlog ,elimination ,act of #bjjj 7,public ,law #ajf-edf7 7the ,debbie ,smith ,,dna ,backlog ,grant ,program73 ,provided1 ,that up to #d percent of funds made available under this paragraph may be used for the purposes described in the ,,dna ,training and ,education for ,law ,enforcement1 ,correctional ,personnel1 and ,court ,officers program 7,public ,law #ajh-dje1 section #cjc72 7,b7 #ai1jjj1jjj for other local1 ,state1 and ,federal forensic activities2 7,c7 #h1jjj1jjj is for the purposes described in the ,kirk ,bloodsworth ,post-,conviction ,,dna ,testing ,grant ,program 7,public ,law #ajh-dje1 section #dab72 and 7,d7 #d1jjj1jjj is for ,sexual ,assault ,forensic ,exam ,program grants1 including as authorized by section #cjd of ,public ,law #ajh-dje2 7#aa7 #dh1jjj1jjj for a grant program for community-based sexual assault response reform2 7#ab7 #ab1ejj1jjj for the court-appointed special advocate program1 as authorized by section #bag of the #aiij ,act2 7#ac7 #df1jjj1jjj for assistance to ,indian ,tribes2 7#ad7 #ajj1jjj1jjj for offender reentry programs and research1 as authorized by the ,second ,chance ,act of #bjjg 7,public ,law #aaj-aii7 and by the ,second ,chance ,reauthorization ,act of #bjah 7,public ,law #aae-cia71 without regard to the time limitations specified at section #f7a7 of such ,act1 of which not to exceed #f1jjj1jjj is for a program to improve ,state1 local1 and ,tribal probation or parole supervision efforts and strategies2 #e1jjj1jjj is for ,children of ,incarcerated ,parents ,demonstrations to enhance and maintain parental and family relationships for incarcerated parents as a reentry or recidivism reduction strategy2 and #d1ejj1jjj is for additional replication sites employing the ,project ,,hope ,opportunity ,probation with ,enforcement model implementing swift and certain sanctions in probation1 of which no less than #ejj1jjj shall be used for a project that provides training1 technical assistance1 and best practices3 ,provided1 ,that up to #g1ejj1jjj of funds made available in this paragraph may be used for performance-based awards for ,pay for ,success projects1 of which up to #e1jjj1jjj shall be for ,pay for ,success programs implementing the ,permanent ,supportive ,housing ,model2 7#ae7 #cid1jjj1jjj for comprehensive opioid abuse reduction activities1 including as authorized by ,,cara1 and for the following programs1 which shall address opioid1 stimulant1 and substance abuse reduction consistent with underlying program authorities-- 7,a7 #hc1jjj1jjj for ,drug ,courts1 as authorized by section #ajja7;a77#be77;,a7 of title ,i of the #aifh ,act2 7,b7 #ce1jjj1jjj for mental health courts and adult and juvenile collaboration program grants1 as authorized by parts ,v and ,,hh of title ,i of the #aifh ,act1 and the ,mentally ,ill ,offender ,treatment and ,crime ,reduction ,reauthorization and ,improvement ,act of #bjjh 7,public ,law #aaj-daf72 7,c7 #cd1jjj1jjj for grants for ,residential ,substance ,abuse ,treatment for ,state ,prisoners1 as authorized by part ,s of title ,i of the #aifh ,act2 7,d7 #be1jjj1jjj for a veterans treatment courts program2 7,e7 #cb1jjj1jjj for a program to monitor prescription drugs and scheduled listed chemical products2 and 7,f7 #ahe1jjj1jjj for a comprehensive opioid1 stimulant1 and substance abuse program2 7#af7 #b1ejj1jjj for a competitive grant program authorized by the ,keep ,young ,athletes ,safe ,act2 7#ag7 #gi1jjj1jjj for grants to be administered by the ,bureau of ,justice ,assistance for purposes authorized under the ,,stop ,school ,violence ,act2 7#ah7 #b1jjj1jjj for grants to ,state and local law enforcement agencies for the expenses associated with the investigation and prosecution of criminal offenses1 involving civil rights1 authorized by the ,emmett ,till ,unsolved ,civil ,rights ,crimes ,reauthorization ,act of #bjaf 7,public ,law #aad-cbe72 7#ai7 #e1jjj1jjj for grants to ,state1 local1 and ,tribal law enforcement agencies to conduct educational outreach and training on hate crimes and to investigate and prosecute hate crimes1 as authorized by section #dgjd of the ,matthew ,shepard and ,james ,byrd1 ,jr4 ,hate ,crimes ,prevention ,act 7,public ,law #aaa-hd72 and 7#bj7 #ij1jjj1jjj for initiatives to improve police-community relations1 of which #ce1jjj1jjj is for a competitive matching grant program for purchases of body-worn cameras for ,state1 local1 and ,tribal law enforcement2 #cc1jjj1jjj is for a justice reinvestment initiative1 for activities related to criminal justice reform and recidivism reduction2 and #bb1jjj1jjj is for an ,edward ,byrne ,memorial criminal justice innovation program3 ,provided1 ,that1 if a unit of local government uses any of the funds made available under this heading to increase the number of law enforcement officers1 the unit of local government will achieve a net gain in the number of law enforcement officers who perform non-administrative public sector safety service4 ,,juvenile ,,justice ,,programs ,for grants1 contracts1 cooperative agreements1 and other assistance authorized by the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7the #aigd ,act72 the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7the #aifh ,act72 the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje 7,public ,law #aji-afb7 7the #bjje ,act72 the ,missing ,children's ,assistance ,act 7#cd ,u4,s4,c4 #aabia et seq472 the ,prosecutorial ,remedies and ,other ,tools to end the ,exploitation of ,children ,today ,act of #bjjc 7,public ,law #ajh-ba72 the ,victims of ,child ,abuse ,act of #aiij 7,public ,law #aja-fdg7 7the #aiij ,act72 the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7,public ,law #aji-bdh7 7the ,adam ,walsh ,act72 the ,,protect ,our ,children ,act of #bjjh 7,public ,law #aaj-dja72 the ,violence ,against ,women ,reauthorization ,act of #bjac 7,public ,law #aac-d7 7the #bjac ,act72 the ,justice for ,all ,reauthorization ,act of #bjaf 7,public ,law #aad-cbd72 the ,missing ,children's ,assistance ,act of #bjah 7,public ,law #aae-bfg72 the ,juvenile ,justice ,reform ,act of #bjah 7,public ,law #aae-che72 and other juvenile justice programs1 #cdf1jjj1jjj1 to remain available until expended as follows-- 7#a7 #fg1jjj1jjj for programs authorized by section #bba of the #aigd ,act1 and for training and technical assistance to assist small1 nonprofit organizations with the ,federal grants process3 ,provided1 ,that of the amounts provided under this paragraph1 #ejj1jjj shall be for a competitive demonstration grant program to support emergency planning among ,state1 local1 and ,tribal juvenile justice residential facilities2 7#b7 #ajj1jjj1jjj for youth mentoring grants2 7#c7 #di1jjj1jjj for delinquency prevention1 of which1 pursuant to sections #bfa and #bfb of the #aigd ,act-- 7,a7 #b1jjj1jjj shall be for grants to prevent trafficking of girls2 7,b7 #aj1jjj1jjj shall be for the ,tribal ,youth ,program2 7,c7 #ejj1jjj shall be for an ,internet site providing information and resources on children of incarcerated parents2 7,d7 #c1jjj1jjj shall be for competitive grants focusing on girls in the juvenile justice system2 7,e7 #aj1jjj1jjj shall be for an opioid-affected youth initiative2 and 7,f7 #h1jjj1jjj shall be for an initiative relating to children exposed to violence2 7#d7 #cj1jjj1jjj for programs authorized by the ,victims of ,child ,abuse ,act of #aiij2 7#e7 #id1jjj1jjj for missing and exploited children programs1 including as authorized by sections #djd7;b7 and #dje7;a7 of the #aigd ,act 7except that section #ajb7;b77#d77;,b7 of the ,,protect ,our ,children ,act of #bjjh 7,public ,law #aaj-dja7 shall not apply for purposes of this ,act72 7#f7 #c1ejj1jjj for child abuse training programs for judicial personnel and practitioners1 as authorized by section #bbb of the #aiij ,act2 and 7#g7 #b1ejj1jjj for a program to improve juvenile indigent defense3 ,provided1 ,that not more than #aj percent of each amount may be used for research1 evaluation1 and statistics activities designed to benefit the programs or activities authorized3 ,provided further1 ,that not more than #b percent of the amounts designated under paragraphs 7#a7 through 7#c7 and 7#f7 may be used for training and technical assistance3 ,provided further1 ,that the two preceding provisos shall not apply to grants and projects administered pursuant to sections #bfa and #bfb of the #aigd ,act and to missing and exploited children programs4 ,,public ,,safety ,,officer ,,benefits 7,,including ,,transfer ,,of ,,funds7 ,for payments and expenses authorized under section #ajja7;a77#d7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh1 such sums as are necessary 7including amounts for administrative costs71 to remain available until expended2 and #bd1hjj1jjj for payments authorized by section #abja7;b7 of such ,act and for educational assistance authorized by section #abah of such ,act1 to remain available until expended3 ,provided1 ,that notwithstanding section #bje of this ,act1 upon a determination by the ,attorney ,general that emergent circumstances require additional funding for such disability and education payments1 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 circumstances3 ,provided further1 ,that any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section #eje of this ,act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section4 ,community oriented policing services ,,community ,,oriented ,,policing ,,services ,,programs 7,,including ,,transfer ,,of ,,funds7 ,for activities authorized by the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7,public ,law #ajc-cbb72 the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7the #aifh ,act72 the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje 7,public ,law #aji-afb7 7the #bjje ,act72 the ,american ,law ,enforcement ,heroes ,act of #bjag 7,public ,law #aae-cg72 the ,law ,enforcement ,mental ,health and ,wellness ,act 7,public ,law #aae-aac7 7the ,,lemhw ,act72 the ,,support for ,patients and ,communities ,act 7,public ,law #aae-bga72 and the ,supporting and ,treating ,officers ,in ,crisis ,act of #bjai 7,public ,law #aaf-cb7 7the ,,stoic ,act71 #chf1jjj1jjj1 to remain available until expended3 ,provided1 ,that any balances made available through prior year deobligations shall only be available in accordance with section #eje of this ,act3 ,provided further1 ,that of the amount provided under this heading-- 7#a7 #bcg1jjj1jjj is for grants under section #agja of title ,i of the #aifh ,act 7#cd ,u4,s4,c4 #ajcha7 for the hiring and rehiring of additional career law enforcement officers under part ,q of such title notwithstanding subsection 7i7 of such section3 ,provided1 ,that1 notwithstanding section #agjd7;c7 of such title 7#cd ,u4,s4,c4 #ajchd7;c771 funding for hiring or rehiring a career law enforcement officer may not exceed #abe1jjj unless the ,director of the ,office of ,community ,oriented ,policing ,services grants a waiver from this limitation3 ,provided further1 ,that within the amounts appropriated under this paragraph1 #bi1ejj1jjj is for improving ,tribal law enforcement1 including hiring1 equipment1 training1 anti-methamphetamine activities1 and anti-opioid activities3 ,provided further1 ,that of the amounts appropriated under this paragraph #dj1jjj1jjj is for regional information sharing activities1 as authorized by part ,m of title ,i of the #aifh ,act1 which shall be transferred to and merged with ,research1 ,evaluation1 and ,statistics for administration by the ,office of ,justice ,programs3 ,provided further1 ,that within the amounts appropriated under this paragraph1 no less than #c1jjj1jjj is to support the ,tribal ,access ,program3 ,provided further1 ,that within the amounts appropriated under this paragraph1 #h1jjj1jjj is for training1 peer mentoring1 mental health program activities1 and other support services as authorized under the ,,lemhw ,act and ,,stoic ,act2 7#b7 #aa1jjj1jjj is for activities authorized by the ,,police ,act of #bjaf 7,public ,law #aad-aii72 7#c7 #ae1jjj1jjj is for competitive grants to ,state law enforcement agencies in ,states with high seizures of precursor chemicals1 finished methamphetamine1 laboratories1 and laboratory dump seizures3 ,provided1 ,that funds appropriated under this paragraph shall be utilized for investigative purposes to locate or investigate illicit activities1 including precursor diversion1 laboratories1 or methamphetamine traffickers2 7#d7 #ce1jjj1jjj is for competitive grants to statewide law enforcement agencies in ,states with high rates of primary treatment admissions for heroin and other opioids3 ,provided1 ,that these funds shall be utilized for investigative purposes to locate or investigate illicit activities1 including activities related to the distribution of heroin or unlawful distribution of prescription opioids1 or unlawful heroin and prescription opioid traffickers through statewide collaboration2 7#e7 #ec1jjj1jjj is for competitive grants to be administered by the ,community ,oriented ,policing ,services ,office for purposes authorized under the ,,stop ,school ,violence ,act 7title ,v of division ,s of ,public ,law #aae-ada72 and 7#f7 #ce1jjj1jjj is for community policing development activities in furtherance of section #agja of title ,i of the #aifh ,act 7#cd ,u4,s4,c4 #ajcha74 ,general provisions--,department of justice 7,,including ,,transfer ,,of ,,funds7 #bja4 ,in addition to amounts otherwise made available in this title for official reception and representation expenses1 a total of not to exceed #ej1jjj from funds appropriated to the ,department of ,justice in this title shall be available to the ,attorney ,general for official reception and representation expenses4 #bjb4 ,none of the funds appropriated by this title shall be available to pay for an abortion1 except where the life of the mother would be endangered if the fetus were carried to term1 or in the case of rape or incest3 ,provided1 ,that should this prohibition be declared unconstitutional by a court of competent jurisdiction1 this section shall be null and void4 #bjc4 ,none of the funds appropriated under this title shall be used to require any person to perform1 or facilitate in any way the performance of1 any abortion4 #bjd4 ,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 facility3 ,provided1 ,that nothing in this section in any way diminishes the effect of section #bjc intended to address the philosophical beliefs of individual employees of the ,bureau of ,prisons4 #bje4 ,not to exceed #e percent of any appropriation made available for the current fiscal year for the ,department of ,justice in this ,act may be transferred between such appropriations1 but no such appropriation1 except as otherwise specifically provided1 shall be increased by more than #aj percent by any such transfers3 ,provided1 ,that any transfer pursuant to this section shall be treated as a reprogramming of funds under section #eje of this ,act and shall not be available for obligation except in compliance with the procedures set forth in that section4 #bjf4 ,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 prisoner1 other than to a prison or other facility certified by the ,federal ,bureau of ,prisons as appropriately secure for housing such a prisoner4 #bjg4 7a7 ,none of the funds appropriated by this ,act may be used by ,federal prisons to purchase cable television services1 or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes4 7b7 ,subsection 7a7 does not preclude the rental1 maintenance1 or purchase of audiovisual or electronic media or equipment for inmate training1 religious1 or educational programs4 #bjh4 ,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 #ajj1jjj1jjj1 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 place1 and that the program is compatible with the enterprise architecture of the ,department of ,justice4 #bji4 ,the notification thresholds and procedures set forth in section #eje 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 #d 7in the matter preceding division ,a of this consolidated ,act71 and to any use of deobligated balances of funds provided under this title in previous years4 #baj4 ,none of the funds appropriated by this ,act may be used to plan for1 begin1 continue1 finish1 process1 or approve a public-private competition under the ,office of ,management and ,budget ,circular ,a-#gf or any successor administrative regulation1 directive1 or policy for work performed by employees of the ,bureau of ,prisons or of ,federal ,prison ,industries1 ,incorporated4 #baa4 ,notwithstanding any other provision of law1 no funds shall be available for the salary1 benefits1 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 #ede of title #bh1 ,united ,states ,code4 #bab4 ,at the discretion of the ,attorney ,general1 and in addition to any amounts that otherwise may be available 7or authorized to be made available7 by law1 with respect to funds appropriated by this title under the headings ,research1 ,evaluation and ,statistics1 ,state and ,local ,law ,enforcement ,assistance1 and ,juvenile ,justice ,programs-- 7#a7 up to #b 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 assistance2 and 7#b7 up to #b percent of funds made available for grant or reimbursement programs under such headings1 except for amounts appropriated specifically for research1 evaluation1 or statistical programs administered by the ,national ,institute of ,justice and the ,bureau of ,justice ,statistics1 shall be transferred to and merged with funds provided to the ,national ,institute of ,justice and the ,bureau of ,justice ,statistics1 to be used by them for research1 evaluation1 or statistical purposes1 without regard to the authorizations for such grant or reimbursement programs4 #bac4 ,upon request by a grantee for whom the ,attorney ,general has determined there is a fiscal hardship1 the ,attorney ,general may1 with respect to funds appropriated in this or any other ,act making appropriations for fiscal years #bjah through #bjba for the following programs1 waive the following requirements3 7#a7 ,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 #aifh 7#cd ,u4,s4,c4 #ajfca et seq471 the requirements under section #bigf7;g77#a7 of such part 7#cd ,u4,s4,c4 #ajfca7;g77#a774 7#b7 ,for grants to protect inmates and safeguard communities as authorized by section #f of the ,prison ,rape ,elimination ,act of #bjjc 7#cd ,u4,s4,c4 #cjcje7;c77#c771 the requirements of section #f7;c77#c7 of such ,act4 #bad4 ,notwithstanding any other provision of law1 section #bjaji7;a7 of subtitle ,a of title ,,ii of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abaji7;a77 shall not apply to amounts made available by this or any other ,act4 #bae4 ,none of the funds made available under this ,act1 other than for the national instant criminal background check system established under section #ajc of the ,brady ,handgun ,violence ,prevention ,act 7#cd ,u4,s4,c4 #djija71 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 cartel1 unless law enforcement personnel of the ,united ,states continuously monitor or control the firearm at all times4 #baf4 7a7 ,none of the income retained in the ,department of ,justice ,working ,capital ,fund pursuant to title ,i of ,public ,law #ajb-adj 7#aje ,stat4 #ghd2 #bh ,u4,s4,c4 #ebg note7 shall be available for obligation during fiscal year #bjba1 except up to #ab1jjj1jjj may be obligated for implementation of a unified ,department of ,justice financial management system4 7b7 ,not to exceed #cj1jjj1jjj of the unobligated balances transferred to the capital account of the ,department of ,justice ,working ,capital ,fund pursuant to title ,i of ,public ,law #ajb-adj 7#aje ,stat4 #ghd2 #bh ,u4,s4,c4 #ebg note7 shall be available for obligation in fiscal year #bjba1 and any use1 obligation1 transfer1 or allocation of such funds shall be treated as a reprogramming of funds under section #eje of this ,act4 7c7 ,not to exceed #aj1jjj1jjj of the excess unobligated balances available under section #ebd7;c77#h77;,e7 of title #bh1 ,united ,states ,code1 shall be available for obligation during fiscal year #bjba1 and any use1 obligation1 transfer or allocation of such funds shall be treated as a reprogramming of funds under section #eje of this ,act4 #bag4 ,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 year4 #bah4 ,section #aicj7;a77#f77;,b7 of title #bh1 ,united ,states ,code1 shall be applied for this fiscal year and next fiscal year by substituting #cjj1jjj1jjj for #bjj1jjj1jjj4 #bai4 ,section #ebg of title #bh1 ,united ,states ,code1 is amended in the third sentence by inserting 3 7#a7 before the ,department and by inserting 2 and 7#b7 federally recognized tribes for supplies1 materials1 and services related to access to ,federal law enforcement databases2 after and services4 #bbj4 ,section #ahbe of title #bh1 ,united ,states ,code1 is amended3 7a7 in subsections 7a7 and 7b7 by striking ,united ,states marshal for the district each place it appears and inserting ,attorney ,general2 and 7b7 in subsection 7c7 by striking ,united ,states marshal and inserting ,attorney ,general4 #bba4 ,section #aea of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aiij and #aiia 7,public ,law #aja-bdf2 #e ,u4,s4,c4 #eibh note71 is amended-- 7#a7 by striking or after ,drug ,enforcement ,administration and inserting 1 the2 and 7#b7 by inserting 1 or the ,united ,states ,marshals ,service after ,federal ,bureau of ,investigation 4 #bbb4 ,there is hereby appropriated #e1jjj1jjj1 to remain available until expended1 for an additional amount for ,department of ,justice--,general ,administration1 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 misconduct1 as described by1 and subject to the requirements of1 section #c of ,executive ,order #acibi 7,june #af1 #bjbj71 as such ,executive ,order was in effect on the date of the enactment of this ,act3 ,provided1 ,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 database3 ,provided further1 ,that the transfer authority in the preceding proviso is in addition to any other transfer authority contained in this ,act3 ,provided further1 ,that any transfer pursuant to the first proviso shall be treated as a reprogramming under section #eje of this ,act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section4 ,this title may be cited as the ,department of ,justice ,appropriations ,act1 #bjba4 ,,iii ,,science ,office of science and technology policy ,for necessary expenses of the ,office of ,science and ,technology ,policy1 in carrying out the purposes of the ,national ,science and ,technology ,policy1 ,organization1 and ,priorities ,act of #aigf 7#db ,u4,s4,c4 #ffja et seq471 hire of passenger motor vehicles1 and services as authorized by section #caji of title #e1 ,united ,states ,code1 not to exceed #b1bej for official reception and representation expenses1 and rental of conference rooms in the ,district of ,columbia1 #e1edd1jjj4 ,national space council ,for necessary expenses of the ,national ,space ,council1 in carrying out the purposes of title ,v of ,public ,law #ajj-fhe and ,executive ,order ,no4 #achjc1 hire of passenger motor vehicles1 and services as authorized by section #caji of title #e1 ,united ,states ,code1 not to exceed #b1bej for official reception and representation expenses1 #a1ife1jjj3 ,provided1 ,that notwithstanding any other provision of law1 the ,national ,space ,council may accept personnel support from ,federal agencies1 departments1 and offices1 and such ,federal agencies1 departments1 and offices may detail staff without reimbursement to the ,national ,space ,council for purposes provided herein4 ,national aeronautics and space administration ,,science ,for necessary expenses1 not otherwise provided for1 in the conduct and support of science research and development activities1 including research1 development1 operations1 support1 and services2 maintenance and repair1 facility planning and design2 space flight1 spacecraft control1 and communications activities2 program management2 personnel and related costs1 including uniforms or allowances therefor1 as authorized by sections #eija and #eijb of title #e1 ,united ,states ,code2 travel expenses2 purchase and hire of passenger motor vehicles2 and purchase1 lease1 charter1 maintenance1 and operation of mission and administrative aircraft1 #g1cja1jjj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that1 #b1jjj1jjj1jjj shall be for ,earth ,science2 #b1gjj1jjj1jjj shall be for ,planetary ,science2 #a1cef1bjj1jjj shall be for ,astrophysics2 #dad1gjj1jjj shall be for the ,james ,webb ,space ,telescope2 #gea1jjj1jjj shall be for ,heliophysics1 and #gi1ajj1jjj shall be for ,biological and ,physical ,science3 ,provided further1 ,that the ,national ,aeronautics and ,space ,administration shall use the ,space ,launch ,system 7,,sls7 for the ,europa ,clipper mission if the ,,sls is available and if torsional loading analysis has confirmed ,clipper's appropriateness for ,,sls3 ,provided further1 ,that1 if the conditions in the preceding proviso cannot be met1 the ,administrator shall conduct a full and open competition1 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 ,act1 to select a commercial launch vehicle for ,europa ,clipper4 ,,aeronautics ,for necessary expenses1 not otherwise provided for1 in the conduct and support of aeronautics research and development activities1 including research1 development1 operations1 support1 and services2 maintenance and repair1 facility planning and design2 space flight1 spacecraft control1 and communications activities2 program management2 personnel and related costs1 including uniforms or allowances therefor1 as authorized by sections #eija and #eijb of title #e1 ,united ,states ,code2 travel expenses2 purchase and hire of passenger motor vehicles2 and purchase1 lease1 charter1 maintenance1 and operation of mission and administrative aircraft1 #hbh1gjj1jjj1 to remain available until ,september #cj1 #bjbb4 ,,space ,,technology ,for necessary expenses1 not otherwise provided for1 in the conduct and support of space technology research and development activities1 including research1 development1 operations1 support1 and services2 maintenance and repair1 facility planning and design2 space flight1 spacecraft control1 and communications activities2 program management2 personnel and related costs1 including uniforms or allowances therefor1 as authorized by sections #eija and #eijb of title #e1 ,united ,states ,code2 travel expenses2 purchase and hire of passenger motor vehicles2 and purchase1 lease1 charter1 maintenance1 and operation of mission and administrative aircraft1 #a1ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that #bbg1jjj1jjj shall be for ,,restore-,l_/,s,pace ,infrastructure ,d,exterous ,robot3 ,provided further1 ,that #aaj1jjj1jjj shall be for the development1 production1 and demonstration of a nuclear thermal propulsion system1 of which #hj1jjj1jjj shall be for the design of a flight demonstration system3 ,provided further1 ,that1 not later than #ahj days after the enactment of this ,act1 the ,national ,aeronautics and ,space ,administration shall provide a plan for the design of a flight demonstration4 ,,exploration ,for necessary expenses1 not otherwise provided for1 in the conduct and support of exploration research and development activities1 including research1 development1 operations1 support1 and services2 maintenance and repair1 facility planning and design2 space flight1 spacecraft control1 and communications activities2 program management2 personnel and related costs1 including uniforms or allowances therefor1 as authorized by sections #eija and #eijb of title #e1 ,united ,states ,code2 travel expenses2 purchase and hire of passenger motor vehicles2 and purchase1 lease1 charter1 maintenance1 and operation of mission and administrative aircraft1 #f1eee1djj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that not less than #a1djf1gjj1jjj shall be for the ,orion ,multi-,purpose ,crew ,vehicle3 ,provided further1 ,that not less than #b1ehe1ijj1jjj shall be for the ,space ,launch ,system 7,,sls7 launch vehicle1 which shall have a lift capability not less than #acj metric tons and which shall have core elements and an ,exploration ,upper ,stage developed simultaneously to be used to the maximum extent practicable1 including for ,earth to ,moon missions and ,moon landings3 ,provided further1 ,that of the amounts provided for ,,sls1 not less than #djj1jjj1jjj shall be for ,,sls ,block #a;,b development including the ,exploration ,upper ,stage and associated systems including related facilitization1 to support an ,,sls ,block #a;,b mission available to launch in #bjbe in addition to the planned ,block #a missions for ,artemis #a through ,artemis #c3 ,provided further1 ,that #eij1jjj1jjj shall be for ,exploration ,ground ,systems and associated ,block #a;,b activities1 including #gd1jjj1jjj for a second mobile launch platform3 ,provided further1 ,that the ,national ,aeronautics and ,space ,administration shall provide to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 concurrent with the annual budget submission1 a #e-year budget profile for an integrated system that includes the ,,sls1 the ,orion ,multi-,purpose ,crew ,vehicle1 and associated ground systems that will ensure a crewed launch as early as possible1 as well as a system-based funding profile for a sustained launch cadence that contemplates the use of an ,,sls ,block #a;,b cargo variant and associated ground systems3 ,provided further1 ,that #a1igb1hjj1jjj shall be for exploration research and development4 ,,space ,,operations ,for necessary expenses1 not otherwise provided for1 in the conduct and support of space operations research and development activities1 including research1 development1 operations1 support and services2 space flight1 spacecraft control1 and communications activities1 including operations1 production1 and services2 maintenance and repair1 facility planning and design2 program management2 personnel and related costs1 including uniforms or allowances therefor1 as authorized by sections #eija and #eijb of title #e1 ,united ,states ,code2 travel expenses2 purchase and hire of passenger motor vehicles2 and purchase1 lease1 charter1 maintenance1 and operation of mission and administrative aircraft1 #c1ihh1bjj1jjj1 to remain available until ,september #cj1 #bjbb4 ,,science1 ,,technology1 ,,engineering1 ,,and ,,mathematics ,,engagement ,for necessary expenses1 not otherwise provided for1 in the conduct and support of aerospace and aeronautical education research and development activities1 including research1 development1 operations1 support1 and services2 program management2 personnel and related costs1 including uniforms or allowances therefor1 as authorized by sections #eija and #eijb of title #e1 ,united ,states ,code2 travel expenses2 purchase and hire of passenger motor vehicles2 and purchase1 lease1 charter1 maintenance1 and operation of mission and administrative aircraft1 #abg1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 of which #bf1jjj1jjj shall be for the ,established ,program to ,stimulate ,competitive ,research and #ea1jjj1jjj shall be for the ,national ,space ,grant ,college and ,fellowship ,program4 ,,safety1 ,,security ,,and ,,mission ,,services ,for necessary expenses1 not otherwise provided for1 in the conduct and support of science1 aeronautics1 space technology1 exploration1 space operations and education research and development activities1 including research1 development1 operations1 support1 and services2 maintenance and repair1 facility planning and design2 space flight1 spacecraft control1 and communications activities2 program management2 personnel and related costs1 including uniforms or allowances therefor1 as authorized by sections #eija and #eijb of title #e1 ,united ,states ,code2 travel expenses2 purchase and hire of passenger motor vehicles2 not to exceed #fc1jjj for official reception and representation expenses2 and purchase1 lease1 charter1 maintenance1 and operation of mission and administrative aircraft1 #b1icf1ejj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that if available balances in the ,science1 ,space1 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 ,act1 #aihi 7,public ,law #ajj-djd7 as amended by the ,departments of ,veterans ,affairs and ,housing and ,urban ,development1 and ,independent ,agencies ,appropriations ,act1 #aiie 7,public ,law #ajc-cbg7 up to #a1jjj1jjj shall be available from amounts made available under this heading to make such grant disbursements4 ,,construction ,,and ,,environmental ,,compliance ,,and ,,restoration ,for necessary expenses for construction of facilities including repair1 rehabilitation1 revitalization1 and modification of facilities1 construction of new facilities and additions to existing facilities1 facility planning and design1 and restoration1 and acquisition or condemnation of real property1 as authorized by law1 and environmental compliance and restoration1 #cij1bgh1jjj1 to remain available until ,september #cj1 #bjbf3 ,provided1 ,that proceeds from leases deposited into this account shall be available for a period of #e years to the extent and in amounts as provided in annual appropriations ,acts3 ,provided further1 ,that such proceeds referred to in the preceding proviso shall be available for obligation for fiscal year #bjba in an amount not to exceed #ah1gjj1jjj3 ,provided further1 ,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 #bjade of title #ea1 ,united ,states ,code4 ,,office ,,of ,,inspector ,,general ,for necessary expenses of the ,office of ,inspector ,general in carrying out the ,inspector ,general ,act of #aigh1 #dd1bjj1jjj1 of which #ejj1jjj shall remain available until ,september #cj1 #bjbb4 ,,administrative ,,provisions 7,,including ,,transfers ,,of ,,funds7 ,funds for any announced prize otherwise authorized shall remain available1 without fiscal year limitation1 until a prize is claimed or the offer is withdrawn4 ,not to exceed #e 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 appropriations1 but no such appropriation1 except as otherwise specifically provided1 shall be increased by more than #aj percent by any such transfers4 ,any funds transferred to ,construction and ,environmental ,compliance and ,restoration for construction activities shall not increase that account by more than #bj percent4 ,balances so transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which transferred4 ,any transfer pursuant to this provision shall be treated as a reprogramming of funds under section #eje of this ,act and shall not be available for obligation except in compliance with the procedures set forth in that section4 ,not to exceed #e 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 #bjba may be transferred between such appropriations1 but no such appropriation1 except as otherwise specifically provided1 shall be increased by more than #aj percent by any such transfers4 ,any transfer pursuant to this provision shall retain its original availability and shall be treated as a reprogramming of funds under section #eje of this ,act and shall not be available for obligation except in compliance with the procedures set forth in that section4 ,the spending plan required by this ,act shall be provided by the ,national ,aeronautics and ,space ,administration at the theme1 program1 project1 and activity level4 ,the spending plan1 as well as any subsequent change of an amount established in that spending plan that meets the notification requirements of section #eje of this ,act1 shall be treated as a reprogramming under section #eje of this ,act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section4 ,not more than #dj percent of the amounts made available in this ,act for the ,gateway2 ,advanced ,cislunar and ,surface ,capabilities2 ,commercial ,,leo ,development2 ,human ,landing ,system2 and ,lunar ,discovery and ,exploration1 excluding the ,lunar ,reconnaissance ,orbiter1 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 dates1 by fiscal year1 for ,space ,launch ,system flights to build the ,gateway2 the commencement of partnerships with commercial entities for additional ,,leo missions to land humans and rovers on the ,moon2 and conducting additional scientific activities on the ,moon4 ,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 milestones1 as well as funding provided in fiscal year #bjba and previous years4 ,of the amounts provided for ,exploration ,systems ,development1 #be1jjj1jjj shall be transferred to ,construction and ,environmental ,compliance and ,restoration 7,,cecr7 for ,exploration ,construction of ,facilities consistent with direction provided in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act74 ,the authority provided by this paragraph is in addition to the authority provided by the second paragraph under this heading4 ,not more than #bj percent or #ej1jjj1jjj1 whichever is less1 of the amounts made available in the current-year ,,cecr appropriation may be applied to ,,cecr projects funded under previous years' ,,cecr appropriation ,acts4 ,use of current-year funds under this provision shall be treated as a reprogramming of funds under section #eje of this act and shall not be available for obligation except in compliance with the procedures set forth in that section4 ,national science foundation ,,research ,,and ,,related ,,activities ,for necessary expenses in carrying out the ,national ,science ,foundation ,act of #aiej 7#db ,u4,s4,c4 #ahfa et seq471 and ,public ,law #hf-bji 7#db ,u4,s4,c4 #ahhj et seq472 services as authorized by section #caji of title #e1 ,united ,states ,code2 maintenance and operation of aircraft and purchase of flight services for research support2 acquisition of aircraft2 and authorized travel2 #f1iji1gfi1jjj1 to remain available until ,september #cj1 #bjbb1 of which not to exceed #edd1jjj1jjj shall remain available until expended for polar research and operations support1 and for reimbursement to other ,federal agencies for operational and science support and logistical and other related activities for the ,united ,states ,antarctic program3 ,provided1 ,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 appropriation4 ,,major ,,research ,,equipment ,,and ,,facilities ,,construction ,for necessary expenses for the acquisition1 construction1 commissioning1 and upgrading of major research equipment1 facilities1 and other such capital assets pursuant to the ,national ,science ,foundation ,act of #aiej 7#db ,u4,s4,c4 #ahfa et seq471 including authorized travel1 #bda1jjj1jjj1 to remain available until expended4 ,,education ,,and ,,human ,,resources ,for necessary expenses in carrying out science1 mathematics1 and engineering education and human resources programs and activities pursuant to the ,national ,science ,foundation ,act of #aiej 7#db ,u4,s4,c4 #ahfa et seq471 including services as authorized by section #caji of title #e1 ,united ,states ,code1 authorized travel1 and rental of conference rooms in the ,district of ,columbia1 #ifh1jjj1jjj1 to remain available until ,september #cj1 #bjbb4 ,,agency ,,operations ,,and ,,award ,,management ,for agency operations and award management necessary in carrying out the ,national ,science ,foundation ,act of #aiej 7#db ,u4,s4,c4 #ahfa et seq472 services authorized by section #caji of title #e1 ,united ,states ,code2 hire of passenger motor vehicles2 uniforms or allowances therefor1 as authorized by sections #eija and #eijb of title #e1 ,united ,states ,code2 rental of conference rooms in the ,district of ,columbia2 and reimbursement of the ,department of ,homeland ,security for security guard services2 #cde1fdj1jjj3 ,provided1 ,that not to exceed #h1bhj is for official reception and representation expenses3 ,provided further1 ,that contracts may be entered into under this heading in fiscal year #bjba for maintenance and operation of facilities and for other services to be provided during the next fiscal year4 ,,office ,,of ,,the ,,national ,,science ,,board ,for necessary expenses 7including payment of salaries1 authorized travel1 hire of passenger motor vehicles1 the rental of conference rooms in the ,district of ,columbia1 and the employment of experts and consultants under section #caji of title #e1 ,united ,states ,code7 involved in carrying out section #d of the ,national ,science ,foundation ,act of #aiej 7#db ,u4,s4,c4 #ahfc7 and ,public ,law #hf-bji 7#db ,u4,s4,c4 #ahhj et seq471 #d1ejj1jjj3 ,provided1 ,that not to exceed #b1ejj shall be available for official reception and representation expenses4 ,,office ,,of ,,inspector ,,general ,for necessary expenses of the ,office of ,inspector ,general as authorized by the ,inspector ,general ,act of #aigh1 #ag1hej1jjj1 of which #djj1jjj shall remain available until ,september #cj1 #bjbb4 ,,administrative ,,provisions 7,,including ,,transfer ,,of ,,funds7 ,not to exceed #e percent of any appropriation made available for the current fiscal year for the ,national ,science ,foundation in this ,act may be transferred between such appropriations1 but no such appropriation shall be increased by more than #aj percent by any such transfers4 ,any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section #eje of this ,act and shall not be available for obligation except in compliance with the procedures set forth in that section4 ,the ,director of the ,national ,science ,foundation 7,,nsf7 shall notify the ,committees on ,appropriations of the ,house of ,representatives and the ,senate at least #cj days in advance of any planned divestment through transfer1 decommissioning1 termination1 or deconstruction of any ,,nsf-owned facilities or any ,,nsf capital assets 7including land1 structures1 and equipment7 valued greater than #b1ejj1jjj4 ,this title may be cited as the ,science ,appropriations ,act1 #bjba4 ,,iv ,,related ,,agencies ,commission on civil rights ,,salaries ,,and ,,expenses ,for necessary expenses of the ,commission on ,civil ,rights1 including hire of passenger motor vehicles1 #ab1ejj1jjj3 ,provided1 ,that none of the funds appropriated in this paragraph may be used to employ any individuals under ,schedule ,c of subpart ,c of part #bac of title #e of the ,code of ,federal ,regulations exclusive of one special assistant for each ,commissioner3 ,provided further1 ,that none of the funds appropriated in this paragraph shall be used to reimburse ,commissioners for more than #ge billable days1 with the exception of the chairperson1 who is permitted #abe billable days3 ,provided further1 ,that the ,chair may accept and use any gift or donation to carry out the work of the ,commission3 ,provided further1 ,that none of the funds appropriated in this paragraph shall be used for any activity or expense that is not explicitly authorized by section #c of the ,civil ,rights ,commission ,act of #aihc 7#db ,u4,s4,c4 #aige;a73 ,provided further1 ,that notwithstanding the preceding proviso1 #ejj1jjj shall be used to separately fund the ,commission on the ,social ,status of ,black ,men and ,boys4 ,equal employment opportunity commission ,,salaries ,,and ,,expenses ,for necessary expenses of the ,equal ,employment ,opportunity ,commission as authorized by title ,,vii of the ,civil ,rights ,act of #aifd1 the ,age ,discrimination in ,employment ,act of #aifg1 the ,equal ,pay ,act of #aifc1 the ,americans with ,disabilities ,act of #aiij1 section #eja of the ,rehabilitation ,act of #aigc1 the ,civil ,rights ,act of #aiia1 the ,genetic ,information ,nondiscrimination ,act 7,,gina7 of #bjjh 7,public ,law #aaj-bcc71 the ,,ada ,amendments ,act of #bjjh 7,public ,law #aaj-cbe71 and the ,lilly ,ledbetter ,fair ,pay ,act of #bjji 7,public ,law #aaa-b71 including services as authorized by section #caji of title #e1 ,united ,states ,code2 hire of passenger motor vehicles as authorized by section #acdc7;b7 of title #ca1 ,united ,states ,code2 nonmonetary awards to private citizens2 and up to #ca1ejj1jjj for payments to ,state and local enforcement agencies for authorized services to the ,commission1 #djd1dij1jjj3 ,provided1 ,that the ,commission is authorized to make available for official reception and representation expenses not to exceed #b1bej from available funds3 ,provided further1 ,that the ,commission may take no action to implement any workforce repositioning1 restructuring1 or reorganization until such time as the ,committees on ,appropriations of the ,house of ,representatives and the ,senate have been notified of such proposals1 in accordance with the reprogramming requirements of section #eje of this ,act3 ,provided further1 ,that the ,chair may accept and use any gift or donation to carry out the work of the ,commission4 ,international trade commission ,,salaries ,,and ,,expenses ,for necessary expenses of the ,international ,trade ,commission1 including hire of passenger motor vehicles and services as authorized by section #caji of title #e1 ,united ,states ,code1 and not to exceed #b1bej for official reception and representation expenses1 #ajc1jjj1jjj1 to remain available until expended4 ,legal services corporation ,,payment ,,to ,,the ,,legal ,,services ,,corporation ,for payment to the ,legal ,services ,corporation to carry out the purposes of the ,legal ,services ,corporation ,act of #aigd1 #dfe1jjj1jjj1 of which #dbe1ejj1jjj is for basic field programs and required independent audits2 #e1ejj1jjj is for the ,office of ,inspector ,general1 of which such amounts as may be necessary may be used to conduct additional audits of recipients2 #bc1jjj1jjj is for management and grants oversight2 #d1bej1jjj is for client self-help and information technology2 #d1gej1jjj is for a ,pro ,bono ,innovation ,fund2 and #b1jjj1jjj is for loan repayment assistance3 ,provided1 ,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 ,washington1 ,,dc-based employees as authorized by section #ecjd of title #e1 ,united ,states ,code1 notwithstanding section #ajje7;d7 of the ,legal ,services ,corporation ,act 7#db ,u4,s4,c4 #biif;d7d773 ,provided further1 ,that the authorities provided in section #bje of this ,act shall be applicable to the ,legal ,services ,corporation3 ,provided further1 ,that1 for the purposes of section #eje of this ,act1 the ,legal ,services ,corporation shall be considered an agency of the ,united ,states ,government4 ,,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 by1 or contrary to any of the provisions of1 sections #eja1 #ejb1 #ejc1 #ejd1 #eje1 and #ejf of ,public ,law #aje-aai1 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 sections1 except that all references in sections #ejb and #ejc to #aiig and #aiih shall be deemed to refer instead to #bjbj and #bjba1 respectively4 ,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 #aigb 7#af ,u4,s4,c4 #acfa et seq471 #c1gfi1jjj4 ,office of the united states trade representative ,,salaries ,,and ,,expenses ,for necessary expenses of the ,office of the ,united ,states ,trade ,representative1 including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by section #caji of title #e1 ,united ,states ,code1 #ee1jjj1jjj1 of which #a1jjj1jjj shall remain available until expended3 ,provided1 ,that of the total amount made available under this heading1 not to exceed #abd1jjj shall be available for official reception and representation expenses4 ,,trade ,,enforcement ,,trust ,,fund 7,,including ,,transfer ,,of ,,funds7 ,for activities of the ,united ,states ,trade ,representative authorized by section #faa of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7#ai ,u4,s4,c4 #ddje71 including transfers1 #ae1jjj1jjj1 to be derived from the ,trade ,enforcement ,trust ,fund3 ,provided1 ,that any transfer pursuant to subsection 7d77#a7 of such section shall be treated as a reprogramming under section #eje of this ,act4 ,state justice institute ,,salaries ,,and ,,expenses ,for necessary expenses of the ,state ,justice ,institute1 as authorized by the ,state ,justice ,institute ,act of #aihd 7#db ,u4,s4,c4 #ajgja et seq47 #g1jjj1jjj1 of which #ejj1jjj shall remain available until ,september #cj1 #bjbb3 ,provided1 ,that not to exceed #b1bej shall be available for official reception and representation expenses3 ,provided further1 ,that1 for the purposes of section #eje of this ,act1 the ,state ,justice ,institute shall be considered an agency of the ,united ,states ,government4 ,v ,general provisions 7including rescissions7 7including transfer of funds7 #eja4 ,no part of any appropriation contained in this ,act shall be used for publicity or propaganda purposes not authorized by the ,congress4 #ejb4 ,no part of any appropriation contained in this ,act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein4 #ejc4 ,the expenditure of any appropriation under this ,act for any consulting service through procurement contract1 pursuant to section #caji of title #e1 ,united ,states ,code1 shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection1 except where otherwise provided under existing law1 or under existing ,executive order issued pursuant to existing law4 #ejd4 ,if any provision of this ,act or the application of such provision to any person or circumstances shall be held invalid1 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 thereby4 #eje4 ,none of the funds provided under this ,act1 or provided under previous appropriations ,acts to the agencies funded by this ,act that remain available for obligation or expenditure in fiscal year #bjba1 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 ,act1 shall be available for obligation or expenditure through a reprogramming of funds that3 7#a7 creates or initiates a new program1 project1 or activity2 7#b7 eliminates a program1 project1 or activity2 7#c7 increases funds or personnel by any means for any project or activity for which funds have been denied or restricted2 7#d7 relocates an office or employees2 7#e7 reorganizes or renames offices1 programs1 or activities2 7#f7 contracts out or privatizes any functions or activities presently performed by ,federal employees2 7#g7 augments existing programs1 projects1 or activities in excess of #ejj1jjj or #aj percent1 whichever is less1 or reduces by #aj percent funding for any program1 project1 or activity1 or numbers of personnel by #aj percent2 or 7#h7 results from any general savings1 including savings from a reduction in personnel1 which would result in a change in existing programs1 projects1 or activities as approved by ,congress2 unless the ,house and ,senate ,committees on ,appropriations are notified #ae days in advance of such reprogramming of funds4 #ejf4 7a7 ,if it has been finally determined by a court or ,federal agency that any person intentionally affixed a label bearing a ,made in ,america inscription1 or any inscription with the same meaning1 to any product sold in or shipped to the ,united ,states that is not made in the ,united ,states1 the person shall be ineligible to receive any contract or subcontract made with funds made available in this ,act1 pursuant to the debarment1 suspension1 and ineligibility procedures described in sections #i4djj through #i4dji of title #dh1 ,code of ,federal ,regulations4 7b7 7#a7 ,to the extent practicable1 with respect to authorized purchases of promotional items1 funds made available by this ,act shall be used to purchase items that are manufactured1 produced1 or assembled in the ,united ,states1 its territories or possessions4 7#b7 ,the term promotional items has the meaning given the term in ,,omb ,circular ,a-#hg1 ,attachment ,b1 ,item 7#a77;f77#c74 #ejg4 7a7 ,the ,departments of ,commerce and ,justice1 the ,national ,science ,foundation1 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 level4 ,for unobligated1 uncommitted balances and unobligated1 committed balances the quarterly reports shall separately identify the amounts attributable to each source year of appropriation from which the balances were derived4 ,for balances that are obligated1 but unexpended1 the quarterly reports shall separately identify amounts by the year of obligation4 7b7 ,the report described in subsection 7a7 shall be submitted within #cj days of the end of each quarter4 7c7 ,if a department or agency is unable to fulfill any aspect of a reporting requirement described in subsection 7a7 due to a limitation of a current accounting system1 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 fulfilled4 #ejh4 ,any costs incurred by a department or agency funded under this ,act resulting from1 or to prevent1 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 agency3 ,provided1 ,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 ,act3 ,provided further1 ,that use of funds to carry out this section shall be treated as a reprogramming of funds under section #eje of this ,act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section3 ,provided further1 ,that for the ,department of ,commerce1 this section shall also apply to actions taken for the care and protection of loan collateral or grant property4 #eji4 ,none of the funds provided by this ,act shall be available to promote the sale or export of tobacco or tobacco products1 or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products1 except for restrictions which are not applied equally to all tobacco or tobacco products of the same type4 #eaj4 ,notwithstanding any other provision of law1 amounts deposited or available in the ,fund established by section #adjb of chapter ,,xiv of title ,,ii of ,public ,law #ih-dgc 7#cd ,u4,s4,c4 #bjaja7 in any fiscal year in excess of #b1jae1jjj1jjj shall not be available for obligation until the following fiscal year3 ,provided1 ,that notwithstanding section #adjb7;d7 of such ,act1 of the amounts available from the ,fund for obligation3 7#a7 #aj1jjj1jjj 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 section2 and 7#b7 #e percent shall be available to the ,office for ,victims of ,crime for grants1 consistent with the requirements of the ,victims of ,crime ,act1 to ,indian ,tribes to improve services for victims of crime4 #eaa4 ,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 funds1 or of the parents or legal guardians of such students4 #eab4 ,none of the funds made available in this ,act may be transferred to any department1 agency1 or instrumentality of the ,united ,states ,government1 except pursuant to a transfer made by1 or transfer authority provided in1 this ,act or any other appropriations ,act4 #eac4 7a7 ,the ,inspectors ,general of the ,department of ,commerce1 the ,department of ,justice1 the ,national ,aeronautics and ,space ,administration1 the ,national ,science ,foundation1 and the ,legal ,services ,corporation shall conduct audits1 pursuant to the ,inspector ,general ,act 7#e ,u4,s4,c4 ,app471 of grants or contracts for which funds are appropriated by this ,act1 and shall submit reports to ,congress on the progress of such audits1 which may include preliminary findings and a description of areas of particular interest1 within #ahj days after initiating such an audit and every #ahj days thereafter until any such audit is completed4 7b7 ,within #fj days after the date on which an audit described in subsection 7a7 by an ,inspector ,general is completed1 the ,secretary1 ,attorney ,general1 ,administrator1 ,director1 or ,president1 as appropriate1 shall make the results of the audit available to the public on the ,internet website maintained by the ,department1 ,administration1 ,foundation1 or ,corporation1 respectively4 ,the results shall be made available in redacted form to exclude-- 7#a7 any matter described in section #eeb7;b7 of title #e1 ,united ,states ,code2 and 7#b7 sensitive personal information for any individual1 the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes4 7c7 ,any person awarded a grant or contract funded by amounts appropriated by this ,act shall submit a statement to the ,secretary of ,commerce1 the ,attorney ,general1 the ,administrator1 ,director1 or ,president1 as appropriate1 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 contract4 7d7 ,the provisions of the preceding subsections of this section shall take effect #cj days after the date on which the ,director of the ,office of ,management and ,budget1 in consultation with the ,director of the ,office of ,government ,ethics1 determines that a uniform set of rules and requirements1 substantially similar to the requirements in such subsections1 consistently apply under the executive branch ethics program to all ,federal departments1 agencies1 and entities4 #ead4 7a7 ,none of the funds appropriated or otherwise made available under this ,act may be used by the ,departments of ,commerce and ,justice1 the ,national ,aeronautics and ,space ,administration1 or the ,national ,science ,foundation to acquire a high-impact or moderate-impact information system1 as defined for security categorization in the ,national ,institute of ,standards and ,technology's 7,,nist7 ,federal ,information ,processing ,standard ,publication #aii1 ,standards for ,security ,categorization of ,federal ,information and ,information ,systems unless the agency has-- 7#a7 reviewed the supply chain risk for the information systems against criteria developed by ,,nist and the ,federal ,bureau of ,investigation 7,,fbi7 to inform acquisition decisions for high-impact and moderate-impact information systems within the ,federal ,government2 7#b7 reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the ,,fbi and other appropriate agencies2 and 7#c7 in consultation with the ,,fbi or other appropriate ,federal entity1 conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of such system1 including any risk associated with such system being produced1 manufactured1 or assembled by one or more entities identified by the ,united ,states ,government as posing a cyber threat1 including but not limited to1 those that may be owned1 directed1 or subsidized by the ,people's ,republic of ,china1 the ,islamic ,republic of ,iran1 the ,democratic ,people's ,republic of ,korea1 or the ,russian ,federation4 7b7 ,none of the funds appropriated or otherwise made available under this ,act may be used to acquire a high-impact or moderate-impact information system reviewed and assessed under subsection 7a7 unless the head of the assessing entity described in subsection 7a7 has-- 7#a7 developed1 in consultation with ,,nist1 the ,,fbi1 and supply chain risk management experts1 a mitigation strategy for any identified risks2 7#b7 determined1 in consultation with ,,nist and the ,,fbi1 that the acquisition of such system is in the national interest of the ,united ,states2 and 7#c7 reported that determination to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate and the agency ,inspector ,general4 #eae4 ,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 ,government4 #eaf4 ,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-- 7#a7 paragraph #b of article #af4g of the ,united ,states-,singapore ,free ,trade ,agreement2 7#b7 paragraph #d of article #ag4i of the ,united ,states-,australia ,free ,trade ,agreement2 or 7#c7 paragraph #d of article #ae4i of the ,united ,states-,morocco ,free ,trade ,agreement4 #eag4 ,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 letters3 ,the ,right to ,financial ,privacy ,act of #aigh2 ,the ,electronic ,communications ,privacy ,act of #aihf2 ,the ,fair ,credit ,reporting ,act2 ,the ,national ,security ,act of #aidg2 ,,usa ,,patriot ,act2 ,,usa ,,freedom ,act of #bjae2 and the laws amended by these ,acts4 #eah4 ,if at any time during any quarter1 the program manager of a project within the jurisdiction of the ,departments of ,commerce or ,justice1 the ,national ,aeronautics and ,space ,administration1 or the ,national ,science ,foundation totaling more than #ge1jjj1jjj has reasonable cause to believe that the total program cost has increased by #aj percent or more1 the program manager shall immediately inform the respective ,secretary1 ,administrator1 or ,director4 ,the ,secretary1 ,administrator1 or ,director shall notify the ,house and ,senate ,committees on ,appropriations within #cj days in writing of such increase1 and shall include in such notice3 the date on which such determination was made2 a statement of the reasons for such increases2 the action taken and proposed to be taken to control future cost growth of the project2 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 costs2 new estimates of the total project or procurement costs2 and a statement validating that the project's management structure is adequate to control total project or procurement costs4 #eai4 ,funds appropriated by this ,act1 or made available by the transfer of funds in this ,act1 for intelligence or intelligence related activities are deemed to be specifically authorized by the ,congress for purposes of section #ejd of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjid7 during fiscal year #bjba until the enactment of the ,intelligence ,authorization ,act for fiscal year #bjba4 #ebj4 ,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 #e1jjj1jjj 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 that1 to the best of its knowledge and belief1 the contractor or grantee has filed all ,federal tax returns required during the three years preceding the certification1 has not been convicted of a criminal offense under the ,internal ,revenue ,code of #aihf1 and has not1 more than #ij days prior to certification1 been notified of any unpaid ,federal tax assessment for which the liability remains unsatisfied1 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 default1 or the assessment is the subject of a non-frivolous administrative or judicial proceeding4 7,,rescissions7 #eba4 7a7 ,of the unobligated balances from prior year appropriations available to the ,department of ,commerce1 the following funds are hereby permanently rescinded1 not later than ,september #cj1 #bjba1 from the following accounts in the specified amounts-- 7#a7 ,economic ,development ,administration1 ,economic ,development ,assistance ,programs1 #aj1jjj1jjj2 and 7#b7 ,national ,oceanic and ,atmospheric ,administration1 ,fisheries ,enforcement ,asset ,forfeiture ,fund1 #e1jjj1jjj4 7b7 ,of the unobligated balances available to the ,department of ,justice1 the following funds are hereby permanently rescinded1 not later than ,september #cj1 #bjba1 from the following accounts in the specified amounts-- 7#a7 ,working ,capital ,fund1 #ahh1jjj1jjj2 7#b7 ,federal ,bureau of ,investigation1 ,salaries and ,expenses1 #hj1jjj1jjj including from1 but not limited to1 fees collected to defray expenses for the automation of fingerprint identification and criminal justice information services and associated costs2 7#c7 ,state and ,local ,law ,enforcement ,activities1 ,office of ,justice ,programs1 #abg1jjj1jjj2 and 7#d7 ,state and ,local ,law ,enforcement ,activities1 ,community ,oriented ,policing ,services1 #ae1jjj1jjj4 7c7 ,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 #a1 #bjba1 specifying the amount of each rescission made pursuant to subsections 7a7 and 7b74 7d7 ,the amounts rescinded in subsections 7a7 and 7b7 shall not be from amounts that were designated by the ,congress as an emergency or disaster relief requirement pursuant to the concurrent resolution on the budget or the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 #ebb4 ,none of the funds made available in this ,act may be used to purchase first class or premium airline travel in contravention of sections #cja-aj4abb through #cja-aj4abd of title #da of the ,code of ,federal ,regulations4 #ebc4 ,none of the funds made available in this ,act may be used to send or otherwise pay for the attendance of more than #ej employees from a ,federal department or agency1 who are stationed in the ,united ,states1 at any single conference occurring outside the ,united ,states unless-- 7#a7 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 ,states2 or 7#b7 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 #ae days of that determination and the basis for that determination4 #ebd4 ,the ,director of the ,office of ,management and ,budget shall instruct any department1 agency1 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 following3 7#a7 ,details on future action the department1 agency1 or instrumentality will take to resolve undisbursed balances in expired grant accounts4 7#b7 ,the method that the department1 agency1 or instrumentality uses to track undisbursed balances in expired grant accounts4 7#c7 ,identification of undisbursed balances in expired grant accounts that may be returned to the ,treasury of the ,united ,states4 7#d7 ,in the preceding #c fiscal years1 details on the total number of expired grant accounts with undisbursed balances 7on the first day of each fiscal year7 for the department1 agency1 or instrumentality and the total finances that have not been obligated to a specific project remaining in the accounts4 #ebe4 ,to the extent practicable1 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 designation4 #ebf4 7a7 ,none of the funds made available by this ,act may be used for the ,national ,aeronautics and ,space ,administration 7,,nasa71 the ,office of ,science and ,technology ,policy 7,,ostp71 or the ,national ,space ,council 7,,nsc7 to develop1 design1 plan1 promulgate1 implement1 or execute a bilateral policy1 program1 order1 or contract of any kind to participate1 collaborate1 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 ,act4 7b7 ,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 ,,nasa4 7c7 ,the limitations described in subsections 7a7 and 7b7 shall not apply to activities which ,,nasa1 ,,ostp1 or ,,nsc1 after consultation with the ,federal ,bureau of ,investigation1 have certified-- 7#a7 pose no risk of resulting in the transfer of technology1 data1 or other information with national security or economic security implications to ,china or a ,chinese-owned company2 and 7#b7 will not involve knowing interactions with officials who have been determined by the ,united ,states to have direct involvement with violations of human rights4 7d7 ,any certification made under subsection 7c7 shall be submitted to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 and the ,federal ,bureau of ,investigation1 no later than #cj days prior to the activity in question and shall include a description of the purpose of the activity1 its agenda1 its major participants1 and its location and timing4 #ebg4 7a7 ,none of the funds made available in this ,act may be used to maintain or establish a computer network unless such network blocks the viewing1 downloading1 and exchanging of pornography4 7b7 ,nothing in subsection 7a7 shall limit the use of funds necessary for any ,federal1 ,state1 ,tribal1 or local law enforcement agency or any other entity carrying out criminal investigations1 prosecution1 adjudication1 or other law enforcement- or victim assistance-related activity4 #ebh4 ,the ,departments of ,commerce and ,justice1 the ,national ,aeronautics and ,space ,administration1 the ,national ,science ,foundation1 the ,commission on ,civil ,rights1 the ,equal ,employment ,opportunity ,commission1 the ,international ,trade ,commission1 the ,legal ,services ,corporation1 the ,marine ,mammal ,commission1 the ,offices of ,science and ,technology ,policy and the ,united ,states ,trade ,representative1 the ,national ,space ,council1 and the ,state ,justice ,institute shall submit spending plans1 signed by the respective department or agency head1 to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate not later than #de days after the date of enactment of this ,act4 #ebi4 ,notwithstanding any other provision of this ,act1 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 contract4 #ecj4 ,none of the funds made available by this ,act may be used in contravention of section #gfjf 7,legitimacy of ,industrial ,hemp ,research7 of the ,agricultural ,act of #bjad 7,public ,law #aac-gi7 by the ,department of ,justice or the ,drug ,enforcement ,administration4 #eca4 ,none of the funds made available under this ,act to the ,department of ,justice may be used1 with respect to any of the ,states of ,alabama1 ,alaska1 ,arizona1 ,arkansas1 ,california1 ,colorado1 ,connecticut1 ,delaware1 ,florida1 ,georgia1 ,hawaii1 ,illinois1 ,indiana1 ,iowa1 ,kentucky1 ,louisiana1 ,maine1 ,maryland1 ,massachusetts1 ,michigan1 ,minnesota1 ,mississippi1 ,missouri1 ,montana1 ,nevada1 ,new ,hampshire1 ,new ,jersey1 ,new ,mexico1 ,new ,york1 ,north ,carolina1 ,north ,dakota1 ,ohio1 ,oklahoma1 ,oregon1 ,pennsylvania1 ,rhode ,island1 ,south ,carolina1 ,south ,dakota1 ,tennessee1 ,texas1 ,utah1 ,vermont1 ,virginia1 ,washington1 ,west ,virginia1 ,wisconsin1 and ,wyoming1 or with respect to the ,district of ,columbia1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,united ,states ,virgin ,islands1 ,guam1 or ,puerto ,rico1 to prevent any of them from implementing their own laws that authorize the use1 distribution1 possession1 or cultivation of medical marijuana4 #ecb4 ,the ,department of ,commerce1 the ,national ,aeronautics and ,space ,administration1 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 agency1 including the purpose of such travel4 #ecc4 ,none of the funds provided in this ,act shall be available for obligation for the ,james ,webb ,space ,telescope 7,,jwst7 after ,december #ca1 #bjba1 if the individual identified under subsection 7c77#b77;,e7 of section #cjajd of title #ea1 ,united ,states ,code1 as responsible for ,,jwst determines that the formulation and development costs 7with development cost as defined under section #cjajd of title #ea1 ,united ,states ,code7 are likely to exceed #h1hjb1gjj1jjj1 unless the program is modified so that the costs do not exceed #h1hjb1gjj1jjj4 #ecd4 ,of the amounts made available by this ,act1 not less than #aj percent of each total amount provided1 respectively1 for ,public ,works grants authorized by the ,public ,works and ,economic ,development ,act of #aife and grants authorized by section #bg of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgbb7 shall be allocated for assistance in persistent poverty counties3 ,provided1 ,that for purposes of this section1 the term persistent poverty counties means any county that has had #bj percent or more of its population living in poverty over the past #cj years1 as measured by the #aiij and #bjjj decennial censuses and the most recent ,small ,area ,income and ,poverty ,estimates1 or any ,territory or possession of the ,united ,states4 #ece4 ,none of the funds appropriated or otherwise made available in this or any other ,act may be used to transfer1 release1 or assist in the transfer or release to or within the ,united ,states1 its territories1 or possessions ,khalid ,sheikh ,mohammed or any other detainee who-- 7#a7 is not a ,united ,states citizen or a member of the ,armed ,forces of the ,united ,states2 and 7#b7 is or was held on or after ,june #bd1 #bjji1 at the ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba1 by the ,department of ,defense4 #ecf4 7a7 ,none of the funds appropriated or otherwise made available in this or any other ,act may be used to construct1 acquire1 or modify any facility in the ,united ,states1 its territories1 or possessions to house any individual described in subsection 7c7 for the purposes of detention or imprisonment in the custody or under the effective control of the ,department of ,defense4 7b7 ,the prohibition in subsection 7a7 shall not apply to any modification of facilities at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba4 7c7 ,an individual described in this subsection is any individual who1 as of ,june #bd1 #bjji1 is located at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba1 and who-- 7#a7 is not a citizen of the ,united ,states or a member of the ,armed ,forces of the ,united ,states2 and 7#b7 is-- 7,a7 in the custody or under the effective control of the ,department of ,defense2 or 7,b7 otherwise under detention at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba4 #ecg4 7a7 ,notwithstanding any other provision of law or treaty1 none of the funds appropriated or otherwise made available under this ,act or any other ,act may be expended or obligated by a department1 agency1 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 components1 parts1 accessories or attachments for firearms listed in ,category ,i1 section #aba4a of title #bb1 ,code of ,federal ,regulations 7,international ,trafficking in ,arms ,regulations 7,,itar71 part #aba1 as it existed on ,april #a1 #bjje7 with a total value not exceeding #ejj wholesale in any transaction1 provided that the conditions of subsection 7b7 of this section are met by the exporting party for such articles4 7b7 ,the foregoing exemption from obtaining an export license-- 7#a7 does not exempt an exporter from filing any ,shipper's ,export ,declaration or notification letter required by law1 or from being otherwise eligible under the laws of the ,united ,states to possess1 ship1 transport1 or export the articles enumerated in subsection 7a72 and 7#b7 does not permit the export without a license of-- 7,a7 fully automatic firearms and components and parts for such firearms1 other than for end use by the ,federal ,government1 or a ,provincial or ,municipal ,government of ,canada2 7,b7 barrels1 cylinders1 receivers 7frames7 or complete breech mechanisms for any firearm listed in ,category ,i1 other than for end use by the ,federal ,government1 or a ,provincial or ,municipal ,government of ,canada2 or 7,c7 articles for export from ,canada to another foreign destination4 7c7 ,in accordance with this section1 the ,district ,directors of ,customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection 7a7 to ,canada for end use in ,canada or return to the ,united ,states1 or temporary import of ,canadian-origin items from ,canada for end use in the ,united ,states or return to ,canada for a ,canadian citizen4 7d7 ,the ,president may require export licenses under this section on a temporary basis if the ,president determines1 upon publication first in the ,federal ,register1 that the ,government of ,canada has implemented or maintained inadequate import controls for the articles specified in subsection 7a71 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 nation4 ,the ,president shall terminate the requirements of a license when reasons for the temporary requirements have ceased4 #ech4 ,notwithstanding any other provision of law1 no department1 agency1 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 expenses or the compensation of any officer or employee of the ,united ,states to deny any application submitted pursuant to #bb ,u4,s4,c4 #bggh7;b77#a77;,b7 and qualified pursuant to #bg ,,cfr section #dgh4aab or 4#aac1 for a permit to import ,united ,states origin curios or relics firearms1 parts1 or ammunition4 #eci4 ,none of the funds made available by this ,act may be used to pay the salaries or expenses of personnel to deny1 or fail to act on1 an application for the importation of any model of shotgun if-- 7#a7 all other requirements of law with respect to the proposed importation are met2 and 7#b7 no application for the importation of such model of shotgun1 in the same configuration1 had been denied by the ,attorney ,general prior to ,january #a1 #bjaa1 on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes4 #edj4 ,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 ,treaty4 #eda4 ,for an additional amount for ,united ,states ,marshals ,service1 ,federal ,prisoner ,detention1 #abe1jjj1jjj1 to remain available until expended1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 including for necessary expenses related to ,united ,states prisoners in the custody of the ,united ,states ,marshals ,service1 to be used only as authorized by section #djac of title #ah1 ,united ,states ,code3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 #edb4 ,for an additional amount for ,federal ,bureau of ,investigation1 ,salaries and ,expenses1 #agi1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 including the impact of coronavirus on the work of the ,department of ,justice1 to make necessary improvements to the ,national ,instant ,criminal ,background ,check ,system1 and to offset the loss resulting from the coronavirus pandemic of fees collected pursuant to section #daajd of title #cd1 ,united ,states ,code3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 #edc4 ,for an additional amount for ,federal ,prison ,system1 ,salaries and ,expenses1 #cjj1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 including the impact of coronavirus on the work of the ,department of ,justice3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,this division may be cited as the ,commerce1 ,justice1 ,science1 and ,related ,agencies ,appropriations ,act1 #bjba4 ,c ,department of ,defense ,appropriations ,act1 #bjba ,i ,military personnel ,military personnel1 army ,for pay1 allowances1 individual clothing1 subsistence1 interest on deposits1 gratuities1 permanent change of station travel 7including all expenses thereof for organizational movements71 and expenses of temporary duty travel between permanent duty stations1 for members of the ,army on active duty 7except members of reserve components provided for elsewhere71 cadets1 and aviation cadets2 for members of the ,reserve ,officers' ,training ,corps2 and for payments pursuant to section #aef of ,public ,law #ig-cgg1 as amended 7#db ,u4,s4,c4 #djb note71 and to the ,department of ,defense ,military ,retirement ,fund1 #dd1hfa1hec1jjj4 ,military personnel1 navy ,for pay1 allowances1 individual clothing1 subsistence1 interest on deposits1 gratuities1 permanent change of station travel 7including all expenses thereof for organizational movements71 and expenses of temporary duty travel between permanent duty stations1 for members of the ,navy on active duty 7except members of the ,reserve provided for elsewhere71 midshipmen1 and aviation cadets2 for members of the ,reserve ,officers' ,training ,corps2 and for payments pursuant to section #aef of ,public ,law #ig-cgg1 as amended 7#db ,u4,s4,c4 #djb note71 and to the ,department of ,defense ,military ,retirement ,fund1 #cc1gfd1egi1jjj4 ,military personnel1 marine corps ,for pay1 allowances1 individual clothing1 subsistence1 interest on deposits1 gratuities1 permanent change of station travel 7including all expenses thereof for organizational movements71 and expenses of temporary duty travel between permanent duty stations1 for members of the ,marine ,corps on active duty 7except members of the ,reserve provided for elsewhere72 and for payments pursuant to section #aef of ,public ,law #ig-cgg1 as amended 7#db ,u4,s4,c4 #djb note71 and to the ,department of ,defense ,military ,retirement ,fund1 #ad1eeg1dcf1jjj4 ,military personnel1 air force ,for pay1 allowances1 individual clothing1 subsistence1 interest on deposits1 gratuities1 permanent change of station travel 7including all expenses thereof for organizational movements71 and expenses of temporary duty travel between permanent duty stations1 for members of the ,air ,force on active duty 7except members of reserve components provided for elsewhere71 cadets1 and aviation cadets2 for members of the ,reserve ,officers' ,training ,corps2 and for payments pursuant to section #aef of ,public ,law #ig-cgg1 as amended 7#db ,u4,s4,c4 #djb note71 and to the ,department of ,defense ,military ,retirement ,fund1 #cb1ghd1aga1jjj4 ,reserve personnel1 army ,for pay1 allowances1 clothing1 subsistence1 gratuities1 travel1 and related expenses for personnel of the ,army ,reserve on active duty under sections #ajbaa1 #ajcjb1 and #gjch of title #aj1 ,united ,states ,code1 or while serving on active duty under section #abcja7;d7 of title #aj1 ,united ,states ,code1 in connection with performing duty specified in section #abcaj7;a7 of title #aj1 ,united ,states ,code1 or while undergoing reserve training1 or while performing drills or equivalent duty or other duty1 and expenses authorized by section #afaca of title #aj1 ,united ,states ,code2 and for payments to the ,department of ,defense ,military ,retirement ,fund1 #e1jcg1aai1jjj4 ,reserve personnel1 navy ,for pay1 allowances1 clothing1 subsistence1 gratuities1 travel1 and related expenses for personnel of the ,navy ,reserve on active duty under section #ajbaa of title #aj1 ,united ,states ,code1 or while serving on active duty under section #abcja7;d7 of title #aj1 ,united ,states ,code1 in connection with performing duty specified in section #abcaj7;a7 of title #aj1 ,united ,states ,code1 or while undergoing reserve training1 or while performing drills or equivalent duty1 and expenses authorized by section #afaca of title #aj1 ,united ,states ,code2 and for payments to the ,department of ,defense ,military ,retirement ,fund1 #b1bjj1fjj1jjj4 ,reserve personnel1 marine corps ,for pay1 allowances1 clothing1 subsistence1 gratuities1 travel1 and related expenses for personnel of the ,marine ,corps ,reserve on active duty under section #ajbaa of title #aj1 ,united ,states ,code1 or while serving on active duty under section #abcja7;d7 of title #aj1 ,united ,states ,code1 in connection with performing duty specified in section #abcaj7;a7 of title #aj1 ,united ,states ,code1 or while undergoing reserve training1 or while performing drills or equivalent duty1 and for members of the ,marine ,corps platoon leaders class1 and expenses authorized by section #afaca of title #aj1 ,united ,states ,code2 and for payments to the ,department of ,defense ,military ,retirement ,fund1 #hdc1efd1jjj4 ,reserve personnel1 air force ,for pay1 allowances1 clothing1 subsistence1 gratuities1 travel1 and related expenses for personnel of the ,air ,force ,reserve on active duty under sections #ajbaa1 #ajcje1 and #hjch of title #aj1 ,united ,states ,code1 or while serving on active duty under section #abcja7;d7 of title #aj1 ,united ,states ,code1 in connection with performing duty specified in section #abcaj7;a7 of title #aj1 ,united ,states ,code1 or while undergoing reserve training1 or while performing drills or equivalent duty or other duty1 and expenses authorized by section #afaca of title #aj1 ,united ,states ,code2 and for payments to the ,department of ,defense ,military ,retirement ,fund1 #b1aic1dic1jjj4 ,national guard personnel1 army ,for pay1 allowances1 clothing1 subsistence1 gratuities1 travel1 and related expenses for personnel of the ,army ,national ,guard while on duty under sections #ajbaa1 #ajcjb1 or #abdjb of title #aj or section #gjh of title #cb1 ,united ,states ,code1 or while serving on duty under section #abcja7;d7 of title #aj or section #ejb7;f7 of title #cb1 ,united ,states ,code1 in connection with performing duty specified in section #abcaj7;a7 of title #aj1 ,united ,states ,code1 or while undergoing training1 or while performing drills or equivalent duty or other duty1 and expenses authorized by section #afaca of title #aj1 ,united ,states ,code2 and for payments to the ,department of ,defense ,military ,retirement ,fund1 #h1ffc1iii1jjj4 ,national guard personnel1 air force ,for pay1 allowances1 clothing1 subsistence1 gratuities1 travel1 and related expenses for personnel of the ,air ,national ,guard on duty under sections #ajbaa1 #ajcje1 or #abdjb of title #aj or section #gjh of title #cb1 ,united ,states ,code1 or while serving on duty under section #abcja7;d7 of title #aj or section #ejb7;f7 of title #cb1 ,united ,states ,code1 in connection with performing duty specified in section #abcaj7;a7 of title #aj1 ,united ,states ,code1 or while undergoing training1 or while performing drills or equivalent duty or other duty1 and expenses authorized by section #afaca of title #aj1 ,united ,states ,code2 and for payments to the ,department of ,defense ,military ,retirement ,fund1 #d1ecj1jia1jjj4 ,,ii operation and maintenance ,operation and maintenance1 army ,for expenses1 not otherwise provided for1 necessary for the operation and maintenance of the ,army1 as authorized by law1 #ch1dah1ihb1jjj3 ,provided1 ,that not to exceed #ab1dgh1jjj may be used for emergencies and extraordinary expenses1 to be expended upon the approval or authority of the ,secretary of the ,army1 and payments may be made upon his certificate of necessity for confidential military purposes4 ,operation and maintenance1 navy ,for expenses1 not otherwise provided for1 necessary for the operation and maintenance of the ,navy and the ,marine ,corps1 as authorized by law1 #dg1fcb1ebg1jjj3 ,provided1 ,that not to exceed #ae1jee1jjj may be used for emergencies and extraordinary expenses1 to be expended upon the approval or authority of the ,secretary of the ,navy1 and payments may be made upon his certificate of necessity for confidential military purposes4 ,operation and maintenance1 marine corps ,for expenses1 not otherwise provided for1 necessary for the operation and maintenance of the ,marine ,corps1 as authorized by law1 #g1bhf1ahd1jjj4 ,operation and maintenance1 air force ,for expenses1 not otherwise provided for1 necessary for the operation and maintenance of the ,air ,force1 as authorized by law1 #cc1ebh1dji1jjj3 ,provided1 ,that not to exceed #g1fii1jjj may be used for emergencies and extraordinary expenses1 to be expended upon the approval or authority of the ,secretary of the ,air ,force1 and payments may be made upon his certificate of necessity for confidential military purposes4 ,operation and maintenance1 space force ,for expenses1 not otherwise provided for1 necessary for the operation and maintenance of the ,space ,force1 as authorized by law1 #b1dib1aad1jjj4 ,operation and maintenance1 defense-,wide 7,,including ,,transfer ,,of ,,funds7 ,for expenses1 not otherwise provided for1 necessary for the operation and maintenance of activities and agencies of the ,department of ,defense 7other than the military departments71 as authorized by law1 #ci1jdh1iij1jjj3 ,provided1 ,that not more than #c1jjj1jjj may be used for the ,combatant ,commander ,initiative ,fund authorized under section #aff;a of title #aj1 ,united ,states ,code3 ,provided further1 ,that not to exceed #cf1jjj1jjj may be used for emergencies and extraordinary expenses1 to be expended upon the approval or authority of the ,secretary of ,defense1 and payments may be made upon his certificate of necessity for confidential military purposes3 ,provided further1 ,that of the funds provided under this heading1 not less than #dh1jjj1jjj shall be made available for the ,procurement ,technical ,assistance ,cooperative ,agreement ,program1 of which not less than #d1ejj1jjj shall be available for centers defined in #aj ,u4,s4,c4 #bdaa7a77;,d73 ,provided further1 ,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 ,defense1 the office of the ,secretary of a military department1 or the service headquarters of one of the ,armed ,forces into a legislative affairs or legislative liaison office3 ,provided further1 ,that #ah1jjj1jjj1 to remain available until expended1 is available only for expenses relating to certain classified activities1 and may be transferred as necessary by the ,secretary of ,defense to operation and maintenance appropriations or research1 development1 test and evaluation appropriations1 to be merged with and to be available for the same time period as the appropriations to which transferred3 ,provided further1 ,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 proviso3 ,provided further1 ,that of the funds provided under this heading1 #fef1adj1jjj1 of which #dcd1fcj1jjj1 to remain available until ,september #cj1 #bjbb1 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 conduct1 support or facilitate counterterrorism1 crisis response1 or building partner capacity programs3 ,provided further1 ,that the ,secretary of ,defense shall1 not less than #ae days prior to obligating funds made available in this section for ,international ,security ,cooperation ,programs1 notify the congressional defense committees in writing of the details of any such obligation3 ,provided further1 ,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 paragraph3 ,provided further1 ,that the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this ,act4 ,operation and maintenance1 army reserve ,for expenses1 not otherwise provided for1 necessary for the operation and maintenance1 including training1 organization1 and administration1 of the ,army ,reserve2 repair of facilities and equipment2 hire of passenger motor vehicles2 travel and transportation2 care of the dead2 recruiting2 procurement of services1 supplies1 and equipment2 and communications1 #b1hhg1hih1jjj4 ,operation and maintenance1 navy reserve ,for expenses1 not otherwise provided for1 necessary for the operation and maintenance1 including training1 organization1 and administration1 of the ,navy ,reserve2 repair of facilities and equipment2 hire of passenger motor vehicles2 travel and transportation2 care of the dead2 recruiting2 procurement of services1 supplies1 and equipment2 and communications1 #a1aae1aej1jjj4 ,operation and maintenance1 marine corps reserve ,for expenses1 not otherwise provided for1 necessary for the operation and maintenance1 including training1 organization1 and administration1 of the ,marine ,corps ,reserve2 repair of facilities and equipment2 hire of passenger motor vehicles2 travel and transportation2 care of the dead2 recruiting2 procurement of services1 supplies1 and equipment2 and communications1 #bhc1did1jjj4 ,operation and maintenance1 air force reserve ,for expenses1 not otherwise provided for1 necessary for the operation and maintenance1 including training1 organization1 and administration1 of the ,air ,force ,reserve2 repair of facilities and equipment2 hire of passenger motor vehicles2 travel and transportation2 care of the dead2 recruiting2 procurement of services1 supplies1 and equipment2 and communications1 #c1bfh1dfa1jjj4 ,operation and maintenance1 army national guard ,for expenses of training1 organizing1 and administering the ,army ,national ,guard1 including medical and hospital treatment and related expenses in non-,federal hospitals2 maintenance1 operation1 and repairs to structures and facilities2 hire of passenger motor vehicles2 personnel services in the ,national ,guard ,bureau2 travel expenses 7other than mileage71 as authorized by law for ,army personnel on active duty1 for ,army ,national ,guard division1 regimental1 and battalion commanders while inspecting units in compliance with ,national ,guard ,bureau regulations when specifically authorized by the ,chief1 ,national ,guard ,bureau2 supplying and equipping the ,army ,national ,guard as authorized by law2 and expenses of repair1 modification1 maintenance1 and issue of supplies and equipment 7including aircraft71 #g1cej1hcg1jjj4 ,operation and maintenance1 air national guard ,for expenses of training1 organizing1 and administering the ,air ,national ,guard1 including medical and hospital treatment and related expenses in non-,federal hospitals2 maintenance1 operation1 and repairs to structures and facilities2 transportation of things1 hire of passenger motor vehicles2 supplying and equipping the ,air ,national ,guard1 as authorized by law2 expenses for repair1 modification1 maintenance1 and issue of supplies and equipment1 including those furnished from stocks under the control of agencies of the ,department of ,defense2 travel expenses 7other than mileage7 on the same basis as authorized by law for ,air ,national ,guard personnel on active ,federal duty1 for ,air ,national ,guard commanders while inspecting units in compliance with ,national ,guard ,bureau regulations when specifically authorized by the ,chief1 ,national ,guard ,bureau1 #f1ghe1hec1jjj4 ,united states court of appeals for the armed forces ,for salaries and expenses necessary for the ,united ,states ,court of ,appeals for the ,armed ,forces1 #ae1baa1jjj1 of which not to exceed #e1jjj may be used for official representation purposes4 ,environmental restoration1 army 7,,including ,,transfer ,,of ,,funds7 ,for the ,department of the ,army1 #bfd1bhe1jjj1 to remain available until transferred3 ,provided1 ,that the ,secretary of the ,army shall1 upon determining that such funds are required for environmental restoration1 reduction and recycling of hazardous waste1 removal of unsafe buildings and debris of the ,department of the ,army1 or for similar purposes1 transfer the funds made available by this appropriation to other appropriations made available to the ,department of the ,army1 to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred3 ,provided further1 ,that upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein1 such amounts may be transferred back to this appropriation3 ,provided further1 ,that the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this ,act4 ,environmental restoration1 navy 7,,including ,,transfer ,,of ,,funds7 ,for the ,department of the ,navy1 #dba1bej1jjj1 to remain available until transferred3 ,provided1 ,that the ,secretary of the ,navy shall1 upon determining that such funds are required for environmental restoration1 reduction and recycling of hazardous waste1 removal of unsafe buildings and debris of the ,department of the ,navy1 or for similar purposes1 transfer the funds made available by this appropriation to other appropriations made available to the ,department of the ,navy1 to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred3 ,provided further1 ,that upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein1 such amounts may be transferred back to this appropriation3 ,provided further1 ,that the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this ,act4 ,environmental restoration1 air force 7,,including ,,transfer ,,of ,,funds7 ,for the ,department of the ,air ,force1 #eji1bej1jjj1 to remain available until transferred3 ,provided1 ,that the ,secretary of the ,air ,force shall1 upon determining that such funds are required for environmental restoration1 reduction and recycling of hazardous waste1 removal of unsafe buildings and debris of the ,department of the ,air ,force1 or for similar purposes1 transfer the funds made available by this appropriation to other appropriations made available to the ,department of the ,air ,force1 to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred3 ,provided further1 ,that upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein1 such amounts may be transferred back to this appropriation3 ,provided further1 ,that the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this ,act4 ,environmental restoration1 defense-,wide 7,,including ,,transfer ,,of ,,funds7 ,for the ,department of ,defense1 #ai1ieb1jjj1 to remain available until transferred3 ,provided1 ,that the ,secretary of ,defense shall1 upon determining that such funds are required for environmental restoration1 reduction and recycling of hazardous waste1 removal of unsafe buildings and debris of the ,department of ,defense1 or for similar purposes1 transfer the funds made available by this appropriation to other appropriations made available to the ,department of ,defense1 to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred3 ,provided further1 ,that upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein1 such amounts may be transferred back to this appropriation3 ,provided further1 ,that the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this ,act4 ,environmental restoration1 formerly used defense sites 7,,including ,,transfer ,,of ,,funds7 ,for the ,department of the ,army1 #bhh1gej1jjj1 to remain available until transferred3 ,provided1 ,that the ,secretary of the ,army shall1 upon determining that such funds are required for environmental restoration1 reduction and recycling of hazardous waste1 removal of unsafe buildings and debris at sites formerly used by the ,department of ,defense1 transfer the funds made available by this appropriation to other appropriations made available to the ,department of the ,army1 to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred3 ,provided further1 ,that upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein1 such amounts may be transferred back to this appropriation3 ,provided further1 ,that the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this ,act4 ,overseas humanitarian1 disaster1 and civic aid ,for expenses relating to the ,overseas ,humanitarian1 ,disaster1 and ,civic ,aid programs of the ,department of ,defense 7consisting of the programs provided under sections #dja1 #djb1 #djd1 #djg1 #beeg1 and #befa of title #aj1 ,united ,states ,code71 #adg1ejj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that such amounts shall not be subject to the limitation in section #djg7;c77#c7 of title #aj1 ,united ,states ,code4 ,cooperative threat reduction account ,for assistance1 including assistance provided by contract or by grants1 under programs and activities of the ,department of ,defense ,cooperative ,threat ,reduction ,program authorized under the ,department of ,defense ,cooperative ,threat ,reduction ,act1 #cfj1aij1jjj1 to remain available until ,september #cj1 #bjbc4 ,department of defense acquisition workforce development account ,for the ,department of ,defense ,acquisition ,workforce ,development ,account1 #hh1aha1jjj1 to remain available for obligation until ,september #cj1 #bjba3 ,provided1 ,that no other amounts may be otherwise credited or transferred to the ,account1 or deposited into the ,account1 in fiscal year #bjba pursuant to section #agje7;d7 of title #aj1 ,united ,states ,code4 ,,iii ,,procurement ,aircraft procurement1 army ,for construction1 procurement1 production1 modification1 and modernization of aircraft1 equipment1 including ordnance1 ground handling equipment1 spare parts1 and accessories therefor2 specialized equipment and training devices2 expansion of public and private plants1 including the land necessary therefor1 for the foregoing purposes1 and such lands and interests therein1 may be acquired1 and construction prosecuted thereon prior to approval of title2 and procurement and installation of equipment1 appliances1 and machine tools in public and private plants2 reserve plant and ,government and contractor-owned equipment layaway2 and other expenses necessary for the foregoing purposes1 #c1deg1cdb1jjj1 to remain available for obligation until ,september #cj1 #bjbc4 ,missile procurement1 army ,for construction1 procurement1 production1 modification1 and modernization of missiles1 equipment1 including ordnance1 ground handling equipment1 spare parts1 and accessories therefor2 specialized equipment and training devices2 expansion of public and private plants1 including the land necessary therefor1 for the foregoing purposes1 and such lands and interests therein1 may be acquired1 and construction prosecuted thereon prior to approval of title2 and procurement and installation of equipment1 appliances1 and machine tools in public and private plants2 reserve plant and ,government and contractor-owned equipment layaway2 and other expenses necessary for the foregoing purposes1 #c1bbj1eda1jjj1 to remain available for obligation until ,september #cj1 #bjbc4 ,procurement of weapons and tracked combat vehicles1 army ,for construction1 procurement1 production1 and modification of weapons and tracked combat vehicles1 equipment1 including ordnance1 spare parts1 and accessories therefor2 specialized equipment and training devices2 expansion of public and private plants1 including the land necessary therefor1 for the foregoing purposes1 and such lands and interests therein1 may be acquired1 and construction prosecuted thereon prior to approval of title2 and procurement and installation of equipment1 appliances1 and machine tools in public and private plants2 reserve plant and ,government and contractor-owned equipment layaway2 and other expenses necessary for the foregoing purposes1 #c1faa1hhg1jjj1 to remain available for obligation until ,september #cj1 #bjbc4 ,procurement of ammunition1 army ,for construction1 procurement1 production1 and modification of ammunition1 and accessories therefor2 specialized equipment and training devices2 expansion of public and private plants1 including ammunition facilities1 authorized by section #bhed of title #aj1 ,united ,states ,code1 and the land necessary therefor1 for the foregoing purposes1 and such lands and interests therein1 may be acquired1 and construction prosecuted thereon prior to approval of title2 and procurement and installation of equipment1 appliances1 and machine tools in public and private plants2 reserve plant and ,government and contractor-owned equipment layaway2 and other expenses necessary for the foregoing purposes1 #b1gij1adj1jjj1 to remain available for obligation until ,september #cj1 #bjbc4 ,other procurement1 army ,for construction1 procurement1 production1 and modification of vehicles1 including tactical1 support1 and non-tracked combat vehicles2 the purchase of passenger motor vehicles for replacement only2 communications and electronic equipment2 other support equipment2 spare parts1 ordnance1 and accessories therefor2 specialized equipment and training devices2 expansion of public and private plants1 including the land necessary therefor1 for the foregoing purposes1 and such lands and interests therein1 may be acquired1 and construction prosecuted thereon prior to approval of title2 and procurement and installation of equipment1 appliances1 and machine tools in public and private plants2 reserve plant and ,government and contractor-owned equipment layaway2 and other expenses necessary for the foregoing purposes1 #h1fjc1aab1jjj1 to remain available for obligation until ,september #cj1 #bjbc4 ,aircraft procurement1 navy ,for construction1 procurement1 production1 modification1 and modernization of aircraft1 equipment1 including ordnance1 spare parts1 and accessories therefor2 specialized equipment2 expansion of public and private plants1 including the land necessary therefor1 and such lands and interests therein1 may be acquired1 and construction prosecuted thereon prior to approval of title2 and procurement and installation of equipment1 appliances1 and machine tools in public and private plants2 reserve plant and ,government and contractor-owned equipment layaway1 #ai1dhj1bhj1jjj1 to remain available for obligation until ,september #cj1 #bjbc4 ,weapons procurement1 navy ,for construction1 procurement1 production1 modification1 and modernization of missiles1 torpedoes1 other weapons1 and related support equipment including spare parts1 and accessories therefor2 expansion of public and private plants1 including the land necessary therefor1 and such lands and interests therein1 may be acquired1 and construction prosecuted thereon prior to approval of title2 and procurement and installation of equipment1 appliances1 and machine tools in public and private plants2 reserve plant and ,government and contractor-owned equipment layaway1 #d1dgg1ggc1jjj1 to remain available for obligation until ,september #cj1 #bjbc4 ,procurement of ammunition1 navy and marine corps ,for construction1 procurement1 production1 and modification of ammunition1 and accessories therefor2 specialized equipment and training devices2 expansion of public and private plants1 including ammunition facilities1 authorized by section #bhed of title #aj1 ,united ,states ,code1 and the land necessary therefor1 for the foregoing purposes1 and such lands and interests therein1 may be acquired1 and construction prosecuted thereon prior to approval of title2 and procurement and installation of equipment1 appliances1 and machine tools in public and private plants2 reserve plant and ,government and contractor-owned equipment layaway2 and other expenses necessary for the foregoing purposes1 #gib1jbc1jjj1 to remain available for obligation until ,september #cj1 #bjbc4 ,shipbuilding and conversion1 navy ,for expenses necessary for the construction1 acquisition1 or conversion of vessels as authorized by law1 including armor and armament thereof1 plant equipment1 appliances1 and machine tools and installation thereof in public and private plants2 reserve plant and ,government and contractor-owned equipment layaway2 procurement of critical1 long lead time components and designs for vessels to be constructed or converted in the future2 and expansion of public and private plants1 including land necessary therefor1 and such lands and interests therein1 may be acquired1 and construction prosecuted thereon prior to approval of title1 as follows3 ,columbia ,class ,submarine1 #b1hfi1jbd1jjj2 ,columbia ,class ,submarine 7,,ap71 #a1bec1age1jjj2 ,carrier ,replacement ,program 7,,cvn-#hj71 #ieh1icc1jjj2 ,carrier ,replacement ,program 7,,cvn-#ha71 #a1fjf1dcb1jjj2 ,virginia ,class ,submarine1 #d1fjc1bac1jjj2 ,virginia ,class ,submarine 7,,ap71 #b1agc1ahg1jjj2 ,,cvn ,refueling ,overhauls1 #a1eca1aec1jjj2 ,,cvn ,refueling ,overhauls 7,,ap71 #ag1chd1jjj2 ,,ddg-#ajjj ,program1 #gh1bje1jjj2 ,,ddg-#ea ,destroyer1 #c1bai1hdc1jjj2 ,,ddg-#ea ,destroyer 7,,ap71 #aei1big1jjj2 ,,ffg-,frigate1 #a1jec1abc1jjj2 ,,lpd ,flight ,,ii1 #a1abe1hja1jjj2 ,,lpd #cb 7,,ap71 #a1jjj1jjj2 ,,lpd #cc 7,,ap71 #a1jjj1jjj2 ,expeditionary ,sea ,base 7,,ap71 #gc1jjj1jjj2 ,,lha ,replacement1 #ejj1jjj1jjj2 ,expeditionary ,fast ,transport1 #bfj1jjj1jjj2 ,,tao ,fleet ,oiler1 #bj1jjj1jjj2 ,towing1 ,salvage1 and ,rescue ,ship1 #aeg1gij1jjj2 ,,lcu #agjj1 #hg1cie1jjj2 ,service ,craft1 #bdd1adg1jjj2 ,,lcac ,,slep1 #ef1dfa1jjj2 ,auxiliary ,vessels1 #fj1jjj1jjj2 ,for outfitting1 post delivery1 conversions1 and first destination transportation1 #geb1jje1jjj2 and ,completion of ,prior ,year ,shipbuilding ,programs1 #djg1cab1jjj4 ,in all3 #bc1bfh1hhj1jjj1 to remain available for obligation until ,september #cj1 #bjbe3 ,provided1 ,that additional obligations may be incurred after ,september #cj1 #bjbe1 for engineering services1 tests1 evaluations1 and other such budgeted work that must be performed in the final stage of ship construction3 ,provided further1 ,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 vessel3 ,provided further1 ,that none of the funds provided under this heading shall be used for the construction of any naval vessel in foreign shipyards3 ,provided further1 ,that funds appropriated or otherwise made available by this ,act for ,columbia ,class ,submarine 7,,ap7 may be available for the purposes authorized by subsections 7f71 7g71 7h7 or 7i7 of section #bbah;a of title #aj1 ,united ,states ,code1 only in accordance with the provisions of the applicable subsection4 ,other procurement1 navy ,for procurement1 production1 and modernization of support equipment and materials not otherwise provided for1 ,navy ordnance 7except ordnance for new aircraft1 new ships1 and ships authorized for conversion72 the purchase of passenger motor vehicles for replacement only2 expansion of public and private plants1 including the land necessary therefor1 and such lands and interests therein1 may be acquired1 and construction prosecuted thereon prior to approval of title2 and procurement and installation of equipment1 appliances1 and machine tools in public and private plants2 reserve plant and ,government and contractor-owned equipment layaway1 #aj1eab1bji1jjj1 to remain available for obligation until ,september #cj1 #bjbc3 ,provided1 ,that such funds are also available for the maintenance1 repair1 and modernization of ,pacific ,fleet ships under a pilot program established for such purposes4 ,procurement1 marine corps ,for expenses necessary for the procurement1 manufacture1 and modification of missiles1 armament1 military equipment1 spare parts1 and accessories therefor2 plant equipment1 appliances1 and machine tools1 and installation thereof in public and private plants2 reserve plant and ,government and contractor-owned equipment layaway2 vehicles for the ,marine ,corps1 including the purchase of passenger motor vehicles for replacement only2 and expansion of public and private plants1 including land necessary therefor1 and such lands and interests therein1 may be acquired1 and construction prosecuted thereon prior to approval of title1 #b1fdh1cge1jjj1 to remain available for obligation until ,september #cj1 #bjbc4 ,aircraft procurement1 air force ,for construction1 procurement1 and modification of aircraft and equipment1 including armor and armament1 specialized ground handling equipment1 and training devices1 spare parts1 and accessories therefor2 specialized equipment2 expansion of public and private plants1 ,government-owned equipment and installation thereof in such plants1 erection of structures1 and acquisition of land1 for the foregoing purposes1 and such lands and interests therein1 may be acquired1 and construction prosecuted thereon prior to approval of title2 reserve plant and ,government and contractor-owned equipment layaway2 and other expenses necessary for the foregoing purposes including rents and transportation of things1 #ai1bab1gec1jjj1 to remain available for obligation until ,september #cj1 #bjbc4 ,missile procurement1 air force ,for construction1 procurement1 and modification of missiles1 rockets1 and related equipment1 including spare parts and accessories therefor2 ground handling equipment1 and training devices2 expansion of public and private plants1 ,government-owned equipment and installation thereof in such plants1 erection of structures1 and acquisition of land1 for the foregoing purposes1 and such lands and interests therein1 may be acquired1 and construction prosecuted thereon prior to approval of title2 reserve plant and ,government and contractor-owned equipment layaway2 and other expenses necessary for the foregoing purposes including rents and transportation of things1 #b1adb1aha1jjj1 to remain available for obligation until ,september #cj1 #bjbc4 ,procurement of ammunition1 air force ,for construction1 procurement1 production1 and modification of ammunition1 and accessories therefor2 specialized equipment and training devices2 expansion of public and private plants1 including ammunition facilities1 authorized by section #bhed of title #aj1 ,united ,states ,code1 and the land necessary therefor1 for the foregoing purposes1 and such lands and interests therein1 may be acquired1 and construction prosecuted thereon prior to approval of title2 and procurement and installation of equipment1 appliances1 and machine tools in public and private plants2 reserve plant and ,government and contractor-owned equipment layaway2 and other expenses necessary for the foregoing purposes1 #eej1hdd1jjj1 to remain available for obligation until ,september #cj1 #bjbc4 ,other procurement1 air force ,for procurement and modification of equipment 7including ground guidance and electronic control equipment1 and ground electronic and communication equipment71 and supplies1 materials1 and spare parts therefor1 not otherwise provided for2 the purchase of passenger motor vehicles for replacement only2 lease of passenger motor vehicles2 and expansion of public and private plants1 ,government-owned equipment and installation thereof in such plants1 erection of structures1 and acquisition of land1 for the foregoing purposes1 and such lands and interests therein1 may be acquired1 and construction prosecuted thereon1 prior to approval of title2 reserve plant and ,government and contractor-owned equipment layaway1 #bc1dda1fdh1jjj1 to remain available for obligation until ,september #cj1 #bjbc4 ,procurement1 space force ,for construction1 procurement1 and modification of spacecraft1 rockets1 and related equipment1 including spare parts and accessories therefor2 ground handling equipment1 and training devices2 expansion of public and private plants1 ,government-owned equipment and installation thereof in such plants1 erection of structures1 and acquisition of land1 for the foregoing purposes1 and such lands and interests therein1 may be acquired1 and construction prosecuted thereon prior to approval of title2 reserve plant and ,government and contractor-owned equipment layaway2 and other expenses necessary for the foregoing purposes including rents and transportation of things1 #b1caj1iid1jjj1 to remain available for obligation until ,september #cj1 #bjbc4 ,procurement1 defense-,wide ,for expenses of activities and agencies of the ,department of ,defense 7other than the military departments7 necessary for procurement1 production1 and modification of equipment1 supplies1 materials1 and spare parts therefor1 not otherwise provided for2 the purchase of passenger motor vehicles for replacement only2 expansion of public and private plants1 equipment1 and installation thereof in such plants1 erection of structures1 and acquisition of land for the foregoing purposes1 and such lands and interests therein1 may be acquired1 and construction prosecuted thereon prior to approval of title2 reserve plant and ,government and contractor-owned equipment layaway1 #e1hcg1cdg1jjj1 to remain available for obligation until ,september #cj1 #bjbc4 ,defense production act purchases ,for activities by the ,department of ,defense pursuant to sections #ajh1 #cja1 #cjb1 and #cjc of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deah1 #deca1 #decb1 and #decc71 #agd1fci1jjj1 to remain available until expended3 ,provided1 ,that no less than #fj1jjj1jjj 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 #aiej4 ,,iv ,,research1 ,,development1 ,,test ,,and ,,evaluation ,research1 development1 test and evaluation1 army ,for expenses necessary for basic and applied scientific research1 development1 test and evaluation1 including maintenance1 rehabilitation1 lease1 and operation of facilities and equipment1 #ac1ifi1jcb1jjj1 to remain available for obligation until ,september #cj1 #bjbb4 ,research1 development1 test and evaluation1 navy ,for expenses necessary for basic and applied scientific research1 development1 test and evaluation1 including maintenance1 rehabilitation1 lease1 and operation of facilities and equipment1 #bj1jgh1hbi1jjj1 to remain available for obligation until ,september #cj1 #bjbb3 ,provided1 ,that funds appropriated in this paragraph which are available for the ,v-#bb may be used to meet unique operational requirements of the ,special ,operations ,forces4 ,research1 development1 test and evaluation1 air force ,for expenses necessary for basic and applied scientific research1 development1 test and evaluation1 including maintenance1 rehabilitation1 lease1 and operation of facilities and equipment1 #cf1ceg1ddc1jjj1 to remain available for obligation until ,september #cj1 #bjbb4 ,research1 development1 test and evaluation1 space force ,for expenses necessary for basic and applied scientific research1 development1 test and evaluation1 including maintenance1 rehabilitation1 lease1 and operation of facilities and equipment1 #aj1edj1jfi1jjj1 to remain available until ,september #cj1 #bjbb4 ,research1 development1 test and evaluation1 ,defense-,wide ,for expenses of activities and agencies of the ,department of ,defense 7other than the military departments71 necessary for basic and applied scientific research1 development1 test and evaluation2 advanced research projects as may be designated and determined by the ,secretary of ,defense1 pursuant to law2 maintenance1 rehabilitation1 lease1 and operation of facilities and equipment1 #be1icb1fga1jjj1 to remain available for obligation until ,september #cj1 #bjbb4 ,operational test and evaluation1 defense ,for expenses1 not otherwise provided for1 necessary for the independent activities of the ,director1 ,operational ,test and ,evaluation1 in the direction and supervision of operational test and evaluation1 including initial operational test and evaluation which is conducted prior to1 and in support of1 production decisions2 joint operational testing and evaluation2 and administrative expenses in connection therewith1 #beg1abj1jjj1 to remain available for obligation until ,september #cj1 #bjbb4 ,v ,,revolving ,,and ,,management ,,funds ,defense working capital funds ,for the ,defense ,working ,capital ,funds1 #a1dgc1iaj1jjj4 ,,vi ,,other ,,department ,,of ,,defense ,,programs ,defense health program ,for expenses1 not otherwise provided for1 for medical and health care programs of the ,department of ,defense as authorized by law1 #cc1fhd1fjg1jjj2 of which #cj1gdg1fei1jjj shall be for operation and maintenance1 of which not to exceed one percent shall remain available for obligation until ,september #cj1 #bjbb1 and of which up to #af1jjh1cfe1jjj may be available for contracts entered into under the ,,tricare program2 of which #edd1cfi1jjj1 to remain available for obligation until ,september #cj1 #bjbc1 shall be for procurement2 and of which #b1cib1egi1jjj1 to remain available for obligation until ,september #cj1 #bjbb1 shall be for research1 development1 test and evaluation3 ,provided1 ,that1 notwithstanding any other provision of law1 of the amount made available under this heading for research1 development1 test and evaluation1 not less than #h1jjj1jjj shall be available for ,,hiv prevention educational activities undertaken in connection with ,united ,states military training1 exercises1 and humanitarian assistance activities conducted primarily in ,african nations3 ,provided further1 ,that of the funds provided under this heading for research1 development1 test and evaluation1 not less than #a1dhi1jjj1jjj shall be made available to the ,united ,states ,army ,medical ,research and ,development ,command to carry out the congressionally directed medical research programs3 ,provided further1 ,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 record3 ,provided further1 ,that the ,secretary of ,defense shall provide notice to the congressional defense committees not later than #aj business days after delaying the proposed timeline of such deployment if such delay is longer than #a week3 ,provided further1 ,that the ,comptroller ,general of the ,united ,states shall perform quarterly performance reviews of such deployment4 ,chemical agents and munitions destruction1 defense ,for expenses1 not otherwise provided for1 necessary for the destruction of the ,united ,states stockpile of lethal chemical agents and munitions in accordance with the provisions of section #adab of the ,department of ,defense ,authorization ,act1 #aihf 7#ej ,u4,s4,c4 #aeba71 and for the destruction of other chemical warfare materials that are not in the chemical weapon stockpile1 #a1jdi1hjj1jjj1 of which #ajf1fia1jjj shall be for operation and maintenance1 of which no less than #ea1jji1jjj shall be for the ,chemical ,stockpile ,emergency ,preparedness ,program1 consisting of #bb1bce1jjj for activities on military installations and #bh1ggd1jjj1 to remain available until ,september #cj1 #bjbb1 to assist ,state and local governments2 #faf1jjj shall be for procurement1 to remain available until ,september #cj1 #bjbc1 of which not less than #faf1jjj shall be for the ,chemical ,stockpile ,emergency ,preparedness ,program to assist ,state and local governments2 and #idb1dic1jjj1 to remain available until ,september #cj1 #bjbb1 shall be for research1 development1 test and evaluation1 of which #ice1iii1jjj shall only be for the ,assembled ,chemical ,weapons ,alternatives program4 ,drug interdiction and counter-drug activities1 defense 7,,including ,,transfer ,,of ,,funds7 ,for drug interdiction and counter-drug activities of the ,department of ,defense1 for transfer to appropriations available to the ,department of ,defense for military personnel of the reserve components serving under the provisions of title #aj and title #cb1 ,united ,states ,code2 for operation and maintenance2 for procurement2 and for research1 development1 test and evaluation1 #iad1dbi1jjj1 of which #efg1jjc1jjj shall be for counter-narcotics support2 #abg1gjd1jjj shall be for the drug demand reduction program2 #aid1baa1jjj shall be for the ,national ,guard counter-drug program2 and #be1eaa1jjj shall be for the ,national ,guard counter-drug schools program3 ,provided1 ,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 transferred3 ,provided further1 ,that upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein1 such amounts may be transferred back to this appropriation3 ,provided further1 ,that the transfer authority provided under this heading is in addition to any other transfer authority contained elsewhere in this ,act4 ,office of the inspector general ,for expenses and activities of the ,office of the ,inspector ,general in carrying out the provisions of the ,inspector ,general ,act of #aigh1 as amended1 #cge1dci1jjj1 of which #cgc1dhc1jjj shall be for operation and maintenance1 of which not to exceed #gjj1jjj is available for emergencies and extraordinary expenses to be expended upon the approval or authority of the ,inspector ,general1 and payments may be made upon the ,inspector ,general's certificate of necessity for confidential military purposes2 of which #heh1jjj1 to remain available for obligation until ,september #cj1 #bjbc1 shall be for procurement2 and of which #a1jih1jjj1 to remain available until ,september #cj1 #bjbb1 shall be for research1 development1 test and evaluation4 ,,vii ,,related ,,agencies ,central intelligence agency retirement and disability system fund ,for payment to the ,central ,intelligence ,agency ,retirement and ,disability ,system ,fund1 to maintain the proper funding level for continuing the operation of the ,central ,intelligence ,agency ,retirement and ,disability ,system1 #ead1jjj1jjj4 ,intelligence community management account ,for necessary expenses of the ,intelligence ,community ,management ,account1 #fcc1gai1jjj4 ,,viii ,,general ,,provisions #hjja4 ,no part of any appropriation contained in this ,act shall be used for publicity or propaganda purposes not authorized by the ,congress4 #hjjb4 ,during the current fiscal year1 provisions of law prohibiting the payment of compensation to1 or employment of1 any person not a citizen of the ,united ,states shall not apply to personnel of the ,department of ,defense3 ,provided1 ,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 #eccb of title #e1 ,united ,states ,code1 or at a rate in excess of the percentage increase provided by the appropriate host nation to its own employees1 whichever is higher3 ,provided further1 ,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 #aihj3 ,provided further1 ,that the limitations of this provision shall not apply to foreign national employees of the ,department of ,defense in the ,republic of ,turkey4 #hjjc4 ,no part of any appropriation contained in this ,act shall remain available for obligation beyond the current fiscal year1 unless expressly so provided herein4 #hjjd4 ,no more than #bj percent of the appropriations in this ,act which are limited for obligation during the current fiscal year shall be obligated during the last #b months of the fiscal year3 ,provided1 ,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 ,corps4 7,,transfer ,,of ,,funds7 #hjje4 ,upon determination by the ,secretary of ,defense that such action is necessary in the national interest1 the ,secretary may1 with the approval of the ,office of ,management and ,budget1 transfer not to exceed #d1jjj1jjj1jjj of working capital funds of the ,department of ,defense or funds made available in this ,act to the ,department of ,defense for military functions 7except military construction7 between such appropriations or funds or any subdivision thereof1 to be merged with and to be available for the same purposes1 and for the same time period1 as the appropriation or fund to which transferred3 ,provided1 ,that such authority to transfer may not be used unless for higher priority items1 based on unforeseen military requirements1 than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the ,congress3 ,provided further1 ,that the ,secretary of ,defense shall notify the ,congress promptly of all transfers made pursuant to this authority or any other authority in this ,act3 ,provided further1 ,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 funds1 unless for higher priority items1 based on unforeseen military requirements1 than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the ,congress3 ,provided further1 ,that a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to ,june #cj1 #bjba3 ,provided further1 ,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 section4 #hjjf4 7a7 ,with regard to the list of specific programs1 projects1 and activities 7and the dollar amounts and adjustments to budget activities corresponding to such programs1 projects1 and activities7 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 ,act1 the obligation and expenditure of amounts appropriated or otherwise made available in this ,act for those programs1 projects1 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 ,act4 7b7 ,amounts specified in the referenced tables described in subsection 7a7 shall not be treated as subdivisions of appropriations for purposes of section #hjje of this ,act3 ,provided1 ,that section #hjje shall apply when transfers of the amounts described in subsection 7a7 occur between appropriation accounts4 #hjjg4 7a7 ,not later than #fj days after enactment of this ,act1 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 #bjba3 ,provided1 ,that the report shall include-- 7#a7 a table for each appropriation with a separate column to display the ,president's budget request1 adjustments made by ,congress1 adjustments due to enacted rescissions1 if appropriate1 and the fiscal year enacted level2 7#b7 a delineation in the table for each appropriation both by budget activity and program1 project1 and activity as detailed in the ,budget ,appendix2 and 7#c7 an identification of items of special congressional interest4 7b7 ,notwithstanding section #hjje of this ,act1 none of the funds provided in this ,act shall be available for reprogramming or transfer until the report identified in subsection 7a7 is submitted to the congressional defense committees1 unless the ,secretary of ,defense certifies in writing to the congressional defense committees that such reprogramming or transfer is necessary as an emergency requirement3 ,provided1 ,that this subsection shall not apply to transfers from the following appropriations accounts3 7#a7 ,environmental ,restoration1 ,army2 7#b7 ,environmental ,restoration1 ,navy2 7#c7 ,environmental ,restoration1 ,air ,force2 7#d7 ,environmental ,restoration1 ,defense-,wide2 7#e7 ,environmental ,restoration1 ,formerly ,used ,defense ,sites2 and 7#f7 ,drug ,interdiction and ,counter-drug ,activities1 ,defense4 7,,transfer ,,of ,,funds7 #hjjh4 ,during the current fiscal year1 cash balances in working capital funds of the ,department of ,defense established pursuant to section #bbjh of title #aj1 ,united ,states ,code1 may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds3 ,provided1 ,that transfers may be made between such funds3 ,provided further1 ,that transfers may be made between working capital funds and the ,foreign ,currency ,fluctuations1 ,defense appropriation and the ,operation and ,maintenance appropriation accounts in such amounts as may be determined by the ,secretary of ,defense1 with the approval of the ,office of ,management and ,budget1 except that such transfers may not be made unless the ,secretary of ,defense has notified the ,congress of the proposed transfer3 ,provided further1 ,that except in amounts equal to the amounts appropriated to working capital funds in this ,act1 no obligations may be made against a working capital fund to procure or increase the value of war reserve material inventory1 unless the ,secretary of ,defense has notified the ,congress prior to any such obligation4 #hjji4 ,funds appropriated by this ,act may not be used to initiate a special access program without prior notification #cj calendar days in advance to the congressional defense committees4 #hjaj4 ,none of the funds provided in this ,act shall be available to initiate3 7#a7 a multiyear contract that employs economic order quantity procurement in excess of #bj1jjj1jjj in any one year of the contract or that includes an unfunded contingent liability in excess of #bj1jjj1jjj2 or 7#b7 a contract for advance procurement leading to a multiyear contract that employs economic order quantity procurement in excess of #bj1jjj1jjj in any one year1 unless the congressional defense committees have been notified at least #cj days in advance of the proposed contract award3 ,provided1 ,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 least to the limits of the ,government's liability3 ,provided further1 ,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 #ejj1jjj1jjj unless specifically provided in this ,act3 ,provided further1 ,that no multiyear procurement contract can be terminated without #cj-;day prior notification to the congressional defense committees3 ,provided further1 ,that the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement3 ,provided further1 ,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-- 7#a7 the ,secretary of ,defense has submitted to ,congress a budget request for full funding of units to be procured through the contract and1 in the case of a contract for procurement of aircraft1 that includes1 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 budget1 full funding of procurement of such unit in that fiscal year2 7#b7 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 contract2 7#c7 the contract provides that payments to the contractor under the contract shall not be made in advance of incurred costs on funded units2 and 7#d7 the contract does not provide for a price adjustment based on a failure to award a follow-on contract4 #hjaa4 ,within the funds appropriated for the operation and maintenance of the ,armed ,forces1 funds are hereby appropriated pursuant to section #dja of title #aj1 ,united ,states ,code1 for humanitarian and civic assistance costs under chapter #bj of title #aj1 ,united ,states ,code4 ,such funds may also be obligated for humanitarian and civic assistance costs incidental to authorized operations and pursuant to authority granted in section #dja of title #aj1 ,united ,states ,code1 and these obligations shall be reported as required by section #dja7;d7 of title #aj1 ,united ,states ,code3 ,provided1 ,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 ,micronesia1 pursuant to the ,compact of ,free ,association as authorized by ,public ,law #ii-bci3 ,provided further1 ,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 ,hawaii1 the ,secretary of the ,army may authorize the provision of medical services at such facilities and transportation to such facilities1 on a nonreimbursable basis1 for civilian patients from ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,marshall ,islands1 the ,federated ,states of ,micronesia1 ,palau1 and ,guam4 #hjab4 7a7 ,during the current fiscal year1 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 years1 end strength1 full-time equivalent positions1 or maximum number of employees1 but are to be managed primarily on the basis of1 and in a manner consistent with-- 7#a7 the total force management policies and procedures established under section #abi;a of title #aj1 ,united ,states ,code2 7#b7 the workload required to carry out the functions and activities of the ,department2 and 7#c7 the funds made available to the ,department for such fiscal year4 7b7 ,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 workload1 military force structure1 lethality1 readiness1 operational effectiveness1 stress on the military force1 and fully burdened costs4 7c7 ,a projection of the number of full-time equivalent positions shall not be considered a constraint or limitation for purposes of subsection 7a7 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 subsection4 7d7 ,the fiscal year #bjbb budget request for the ,department of ,defense1 and any justification material and other documentation supporting such request1 shall be prepared and submitted to ,congress as if subsections 7a7 and 7b7 were effective with respect to such fiscal year4 7e7 ,nothing in this section shall be construed to apply to military 7civilian7 technicians4 #hjac4 ,none of the funds made available by this ,act shall be used in any way1 directly or indirectly1 to influence congressional action on any legislation or appropriation matters pending before the ,congress4 #hjad4 ,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 full-time student is credited toward completion of a service commitment3 ,provided1 ,that this section shall not apply to those members who have reenlisted with this option prior to ,october #a1 #aihg3 ,provided further1 ,that this section applies only to active components of the ,army4 7,,transfer ,,of ,,funds7 #hjae4 7a7 ,funds appropriated in title ,,iii of this ,act for the ,department of ,defense ,pilot ,mentor-,protg ,program may be transferred to any other appropriation contained in this ,act solely for the purpose of implementing a ,mentor-,protg ,program developmental assistance agreement pursuant to section #hca of the ,national ,defense ,authorization ,act for ,fiscal ,year #aiia 7,public ,law #aja-eaj2 #aj ,u4,s4,c4 #bcjb note71 as amended1 under the authority of this provision or any other transfer authority contained in this ,act4 7b7 ,the ,secretary of ,defense shall include with the budget justification documents in support of the budget for any fiscal year after fiscal year #bjba 7as submitted to ,congress pursuant to section #aaje of title #ca1 ,united ,states ,code7 a description of each transfer under this section that occurred during the last fiscal year before the fiscal year in which such budget is submitted4 #hjaf4 ,none of the funds in this ,act may be available for the purchase by the ,department of ,defense 7and its departments and agencies7 of welded shipboard anchor and mooring chain #d 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 ,states3 ,provided1 ,that for the purpose of this section1 the term manufactured shall include cutting1 heat treating1 quality control1 testing of chain and welding 7including the forging and shot blasting process73 ,provided further1 ,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 ,states3 ,provided further1 ,that when adequate domestic supplies are not available to meet ,department of ,defense requirements on a timely basis1 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 purposes4 #hjag4 ,none of the funds available in this ,act to the ,department of ,defense1 other than appropriations made for necessary or routine refurbishments1 upgrades or maintenance activities1 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 #ajdb of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjab4 #hjah4 ,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 7including such alcoholic beverages sold by the drink7 on a military installation located in the ,united ,states unless such malt beverages and wine are procured within that ,state1 or in the case of the ,district of ,columbia1 within the ,district of ,columbia1 in which the military installation is located3 ,provided1 ,that1 in a case in which the military installation is located in more than one ,state1 purchases may be made in any ,state in which the installation is located3 ,provided further1 ,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 ,state3 ,provided further1 ,that alcoholic beverages other than wine and malt beverages1 in contiguous ,states and the ,district of ,columbia shall be procured from the most competitive source1 price and other factors considered4 #hjai4 ,none of the funds available to the ,department of ,defense may be used to demilitarize or dispose of ,m-#a ,carbines1 ,m-#a ,garand rifles1 ,m-#ad rifles1 4#bb caliber rifles1 4#cj caliber rifles1 or ,m-#aiaa pistols1 or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited from commercial sale under ,federal law1 unless the small arms ammunition or ammunition components are certified by the ,secretary of the ,army or designee as unserviceable or unsafe for further use4 #hjbj4 ,no more than #ejj1jjj of the funds appropriated or made available in this ,act shall be used during a single fiscal year for any single relocation of an organization1 unit1 activity or function of the ,department of ,defense into or within the ,national ,capital ,region3 ,provided1 ,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 ,government4 #hjba4 ,in addition to the funds provided else-where in this ,act1 #be1jjj1jjj is appropriated only for incentive payments authorized by section #ejd of the ,indian ,financing ,act of #aigd 7#be ,u4,s4,c4 #aedd73 ,provided1 ,that a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in section #aedd of title #be1 ,united ,states ,code1 or a small business owned and controlled by an individual or individuals defined under section #dbba7i7 of title #be1 ,united ,states ,code1 shall be considered a contractor for the purposes of being allowed additional compensation under section #ejd of the ,indian ,financing ,act of #aigd 7#be ,u4,s4,c4 #aedd7 whenever the prime contract or subcontract amount is over #ejj1jjj and involves the expenditure of funds appropriated by an ,act making appropriations for the ,department of ,defense with respect to any fiscal year3 ,provided further1 ,that notwithstanding section #aijf of title #da1 ,united ,states ,code1 this section shall be applicable to any ,department of ,defense acquisition of supplies or services1 including any contract and any subcontract at any tier for acquisition of commercial items produced or manufactured1 in whole or in part1 by any subcontractor or supplier defined in section #aedd of title #be1 ,united ,states ,code1 or a small business owned and controlled by an individual or individuals defined under section #dbba7i7 of title #be1 ,united ,states ,code4 #hjbb4 ,funds appropriated by this ,act for the ,defense ,media ,activity shall not be used for any national or international political or psychological activities4 #hjbc4 ,during the current fiscal year1 the ,department of ,defense is authorized to incur obligations of not to exceed #cej1jjj1jjj for purposes specified in section #bcej;j7c7 of title #aj1 ,united ,states ,code1 in anticipation of receipt of contributions1 only from the ,government of ,kuwait1 under that section3 ,provided1 ,that1 upon receipt1 such contributions from the ,government of ,kuwait shall be credited to the appropriations or fund which incurred such obligations4 #hjbd4 ,the ,secretary of ,defense shall notify the congressional defense committees in writing not more than #cj 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 ,forces3 ,provided1 ,that such notification shall include the amount of the contribution2 the purpose for which such contribution was made2 and the authority under which such contribution was accepted by the ,secretary of ,defense3 ,provided further1 ,that not fewer than #ae days prior to obligating such funds1 the ,secretary of ,defense shall submit to the congressional defense committees in writing a notification of the planned use of such contributions1 including whether such contributions would support existing or new stationing or operations of the ,united ,states ,armed ,forces4 #hjbe4 7a7 ,of the funds made available in this ,act1 not less than #ef1bje1jjj shall be available for the ,civil ,air ,patrol ,corporation1 of which-- 7#a7 #dc1bje1jjj shall be available from ,operation and ,maintenance1 ,air ,force to support ,civil ,air ,patrol ,corporation operation and maintenance1 readiness1 counter-drug activities1 and drug demand reduction activities involving youth programs2 7#b7 #aa1bjj1jjj shall be available from ,aircraft ,procurement1 ,air ,force2 and 7#c7 #a1hjj1jjj shall be available from ,other ,procurement1 ,air ,force for vehicle procurement4 7b7 ,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 ,federal1 ,state1 and local government agencies4 #hjbf4 7a7 ,none of the funds appropriated in this ,act are available to establish a new ,department of ,defense 7department7 federally funded research and development center 7,,ffrdc71 either as a new entity1 or as a separate entity administrated by an organization managing another ,,ffrdc1 or as a nonprofit membership corporation consisting of a consortium of other ,f,f,r,d,cs and other nonprofit entities4 7b7 ,no member of a ,board of ,directors1 ,trustees1 ,overseers1 ,advisory ,group1 ,special ,issues ,panel1 ,visiting ,committee1 or any similar entity of a defense ,,ffrdc1 and no paid consultant to any defense ,,ffrdc1 except when acting in a technical advisory capacity1 may be compensated for his or her services as a member of such entity1 or as a paid consultant by more than one ,,ffrdc in a fiscal year3 ,provided1 ,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 ,regulations1 when engaged in the performance of membership duties4 7c7 ,notwithstanding any other provision of law1 none of the funds available to the department from any source during the current fiscal year may be used by a defense ,,ffrdc1 through a fee or other payment mechanism1 for construction of new buildings not located on a military installation1 for payment of cost sharing for projects funded by ,government grants1 for absorption of contract overruns1 or for certain charitable contributions1 not to include employee participation in community service and_/or development4 7d7 ,notwithstanding any other provision of law1 of the funds available to the department during fiscal year #bjba1 not more than #f1jec staff years of technical effort 7staff years7 may be funded for defense ,f,f,r,d,cs3 ,provided1 ,that1 within such funds for #f1jec staff years1 funds shall be available only for #a1adh staff years for the defense studies and analysis ,f,f,r,d,cs3 ,provided further1 ,that this subsection shall not apply to staff years funded in the ,national ,intelligence ,program 7,,nip7 and the ,military ,intelligence ,program 7,,mip74 7e7 ,the ,secretary of ,defense shall1 with the submission of the department's fiscal year #bjbb budget request1 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 estimates4 #hjbg4 ,none of the funds appropriated or made available in this ,act shall be used to procure carbon1 alloy1 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 ,canada3 ,provided1 ,that these procurement restrictions shall apply to any and all ,federal ,supply ,class #ieae1 ,american ,society of ,testing and ,materials 7,,astm7 or ,american ,iron and ,steel ,institute 7,,aisi7 specifications of carbon1 alloy or armor steel plate3 ,provided further1 ,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 purposes3 ,provided further1 ,that these restrictions shall not apply to contracts which are in being as of the date of the enactment of this ,act4 #hjbh4 ,for the purposes of this ,act1 the term congressional defense committees means the ,armed ,services ,committee of the ,house of ,representatives1 the ,armed ,services ,committee of the ,senate1 the ,subcommittee on ,defense of the ,committee on ,appropriations of the ,senate1 and the ,subcommittee on ,defense of the ,committee on ,appropriations of the ,house of ,representatives4 #hjbi4 ,during the current fiscal year1 the ,department of ,defense may acquire the modification1 depot maintenance and repair of aircraft1 vehicles and vessels as well as the production of components and other ,defense-related articles1 through competition between ,department of ,defense depot maintenance activities and private firms3 ,provided1 ,that the ,senior ,acquisition ,executive of the military department or ,defense ,agency concerned1 with power of delegation1 shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private bids3 ,provided further1 ,that ,office of ,management and ,budget ,circular ,a-#gf shall not apply to competitions conducted under this section4 #hjcj4 7a7 7#a7 ,if the ,secretary of ,defense1 after consultation with the ,united ,states ,trade ,representative1 determines that a foreign country which is party to an agreement described in paragraph 7#b7 has violated the terms of the agreement by discriminating against certain types of products produced in the ,united ,states that are covered by the agreement1 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 country4 7#b7 ,an agreement referred to in paragraph 7#a7 is any reciprocal defense procurement memorandum of understanding1 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 country4 7b7 ,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 #bjba4 ,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 7a77#b71 the ,trade ,agreement ,act of #aigi 7#ai ,u4,s4,c4 #beja et seq471 or any international agreement to which the ,united ,states is a party4 7c7 ,for purposes of this section1 the term ,buy ,american ,act means chapter #hc of title #da1 ,united ,states ,code4 #hjca4 ,during the current fiscal year1 amounts contained in the ,department of ,defense ,overseas ,military ,facility ,investment ,recovery ,account shall be available until expended for the payments specified by section #bfhg;a7b77#b7 of title #aj1 ,united ,states ,code4 #hjcb4 7a7 ,notwithstanding any other provision of law1 the ,secretary of the ,air ,force may convey at no cost to the ,air ,force1 without consideration1 to ,indian tribes located in the ,states of ,nevada1 ,idaho1 ,north ,dakota1 ,south ,dakota1 ,montana1 ,oregon1 ,minnesota1 and ,washington relocatable military housing units located at ,grand ,forks ,air ,force ,base1 ,malmstrom ,air ,force ,base1 ,mountain ,home ,air ,force ,base1 ,ellsworth ,air ,force ,base1 and ,minot ,air ,force ,base that are excess to the needs of the ,air ,force4 7b7 ,the ,secretary of the ,air ,force shall convey1 at no cost to the ,air ,force1 military housing units under subsection 7a7 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 ,nevada1 ,idaho1 ,north ,dakota1 ,south ,dakota1 ,montana1 ,oregon1 ,minnesota1 and ,washington4 ,any such conveyance shall be subject to the condition that the housing units shall be removed within a reasonable period of time1 as determined by the ,secretary4 7c7 ,the ,operation ,walking ,shield ,program shall resolve any conflicts among requests of ,indian tribes for housing units under subsection 7a7 before submitting requests to the ,secretary of the ,air ,force under subsection 7b74 7d7 ,in this section1 the term ,indian tribe means any recognized ,indian tribe included on the current list published by the ,secretary of the ,interior under section #ajd of the ,federally ,recognized ,indian ,tribe ,act of #aiid 7,public ,law #ajc-ded2 #ajh ,stat4 #dgib2 #be ,u4,s4,c4 #eaca74 #hjcc4 ,during the current fiscal year1 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 #bej1jjj4 7,,including ,,transfer ,,of ,,funds7 #hjcd4 ,subject to section #hjje of this ,act1 the ,secretary of ,defense may transfer funds appropriated in fiscal year #bjba for ,shipbuilding and ,conversion1 ,navy3 ,,lpd ,flight ,,ii-,,lpd #ca to ,shipbuilding and ,conversion1 ,navy3 ,,lpd #cb 7,,ap71 and ,shipbuilding and ,conversion1 ,navy3 ,,lpd #cc 7,,ap7 for fiscal year #bjba advance procurement authorized by section #abd7;c7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjba3 ,provided1 ,that the transfer authority provided under this provision is in addition to any other transfer authority contained in this ,act4 #hjce4 ,up to #ad1jjj1jjj of the funds appropriated under the heading ,operation and ,maintenance1 ,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 assistance1 and payment of incremental and personnel costs of training and exercising with foreign security forces3 ,provided1 ,that funds made available for this purpose may be used1 notwithstanding any other funding authorities for humanitarian assistance1 security assistance or combined exercise expenses3 ,provided further1 ,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 law4 #hjcf4 ,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 ,states1 its territories and possessions at a price below the most competitive price in the local community3 ,provided1 ,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 ,states4 #hjcg4 7a7 ,during the current fiscal year1 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 #aiid 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 procurement4 7b7 ,the fiscal year #bjbb budget request for the ,department of ,defense as well as all justification material and other documentation supporting the fiscal year #bjbb ,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 #bjbb procurement appropriation and not in the supply management business area or any other area or category of the ,department of ,defense ,working ,capital ,funds4 #hjch4 ,none of the funds appropriated by this ,act for programs of the ,central ,intelligence ,agency shall remain available for obligation beyond the current fiscal year1 except for funds appropriated for the ,reserve for ,contingencies1 which shall remain available until ,september #cj1 #bjbb3 ,provided1 ,that funds appropriated1 transferred1 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 expended3 ,provided further1 ,that any funds appropriated or transferred to the ,central ,intelligence ,agency for advanced research and development acquisition1 for agent operations1 and for covert action programs authorized by the ,president under section #ejc of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjic7 shall remain available until ,september #cj1 #bjbb3 ,provided further1 ,that any funds appropriated or transferred to the ,central ,intelligence ,agency for the construction1 improvement1 or alteration of facilities1 including leased facilities1 to be used primarily by personnel of the intelligence community shall remain available until ,september #cj1 #bjbc4 #hjci4 ,of the funds appropriated to the ,department of ,defense under the heading ,operation and ,maintenance1 ,defense-,wide1 not less than #ab1jjj1jjj shall be made available only for the mitigation of environmental impacts1 including training and technical assistance to tribes1 related administrative support1 the gathering of information1 documenting of environmental damage1 and developing a system for prioritization of mitigation and cost to complete estimates for mitigation1 on ,indian lands resulting from ,department of ,defense activities4 #hjdj4 7a7 ,none of the funds appropriated in this ,act may be expended by an entity of the ,department of ,defense unless the entity1 in expending the funds1 complies with the ,buy ,american ,act4 ,for purposes of this subsection1 the term ,buy ,american ,act means chapter #hc of title #da1 ,united ,states ,code4 7b7 ,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 ,america1 the ,secretary shall determine1 in accordance with section #bdaj;f of title #aj1 ,united ,states ,code1 whether the person should be debarred from contracting with the ,department of ,defense4 7c7 ,in the case of any equipment or products purchased with appropriations provided under this ,act1 it is the sense of the ,congress that any entity of the ,department of ,defense1 in expending the appropriation1 purchase only ,american-made equipment and products1 provided that ,american-made equipment and products are cost-competitive1 quality competitive1 and available in a timely fashion4 #hjda4 7a7 ,except as provided in subsections 7b7 and 7c71 none of the funds made available by this ,act may be used-- 7#a7 to establish a field operating agency2 or 7#b7 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 headquarters4 7b7 ,the ,secretary of ,defense or ,secretary of a military department may waive the limitations in subsection 7a71 on a case-by-case basis1 if the ,secretary determines1 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 department4 7c7 ,this section does not apply to-- 7#a7 field operating agencies funded within the ,national ,intelligence ,program2 7#b7 an ,army field operating agency established to eliminate1 mitigate1 or counter the effects of improvised explosive devices1 and1 as determined by the ,secretary of the ,army1 other similar threats2 7#c7 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 ,defense2 or 7#d7 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 entities4 #hjdb4 7a7 ,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 that1 on or after the date of the enactment of this ,act1 is performed by ,department of ,defense civilian employees unless-- 7#a7 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 function2 7#b7 the ,competitive ,sourcing ,official determines that1 over all performance periods stated in the solicitation of offers for performance of the activity or function1 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-- 7,a7 #aj percent of the most efficient organization's personnel-related costs for performance of that activity or function by ,federal employees2 or 7,b7 #aj1jjj1jjj2 and 7#c7 the contractor does not receive an advantage for a proposal that would reduce costs for the ,department of ,defense by-- 7,a7 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 contract2 or 7,b7 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 #hi of title #e1 ,united ,states ,code4 7b7 7#a7 ,the ,department of ,defense1 without regard to subsection 7a7 of this section or subsection 7a71 7b71 or 7c7 of section #bdfa of title #aj1 ,united ,states ,code1 and notwithstanding any administrative regulation1 requirement1 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-- 7,a7 is included on the procurement list established pursuant to section #b of the ,javits-,wagner-,o',day ,act 7section #hejc of title #da1 ,united ,states ,code72 7,b7 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 ,act2 or 7,c7 is planned to be converted to performance by a qualified firm under at least #ea percent ownership by an ,indian tribe1 as defined in section #d7;e7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b7e771 or a ,native ,hawaiian ,organization1 as defined in section #h7;a77#ae7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;a77#ae774 7#b7 ,this section shall not apply to depot contracts or contracts for depot maintenance as provided in sections #bdfi and #bdgd of title #aj1 ,united ,states ,code4 7c7 ,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 goal1 target1 or measurement that may be established by statute1 regulation1 or policy and is deemed to be awarded under the authority of1 and in compliance with1 subsection 7h7 of section #bcjd of title #aj1 ,united ,states ,code1 for the competition or outsourcing of commercial activities4 7,,rescissions7 #hjdc4 ,of the funds appropriated in ,department of ,defense ,appropriations ,acts1 the following funds are hereby rescinded from the following accounts and programs in the specified amounts3 ,provided1 ,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 #aihe1 as amended3 ,shipbuilding and ,conversion1 ,navy3 ,,ddg-#ea ,destroyer1 #bjad_/bjba1 #ff1efg1jjj2 ,procurement of ,weapons and ,tracked ,combat ,vehicles1 ,army1 #bjai_/bjba1 #bc1hdj1jjj2 ,aircraft ,procurement1 ,navy1 #bjai_/bjba1 #bc1jid1jjj2 ,aircraft ,procurement1 ,air ,force1 #bjai_/bjba1 #dfe1ddg1jjj2 ,other ,procurement1 ,air ,force1 #bjai_/bjba1 #ab1djj1jjj2 ,aircraft ,procurement1 ,army1 #bjbj_/bjbb1 #bf1ijj1jjj2 ,missile ,procurement1 ,army1 #bjbj_/bjbb1 #b1cgg1jjj2 ,procurement of ,weapons and ,tracked ,combat ,vehicles1 ,army1 #bjbj_/bjbb1 #adh1ada1jjj2 ,procurement of ,ammunition1 ,army1 #bjbj_/bjbb1 #g1ejj1jjj2 ,other ,procurement1 ,army1 #bjbj_/bjbb1 #ac1age1jjj2 ,aircraft ,procurement1 ,navy1 #bjbj_/bjbb1 #dag1abh1jjj2 ,weapons ,procurement1 ,navy1 #bjbj_/bjbb1 #g1ejj1jjj2 ,procurement of ,ammunition1 ,navy and ,marine ,corps1 #bjbj_/bjbb1 #h1igc1jjj2 ,shipbuilding and ,conversion1 ,navy3 ,,tao ,fleet ,oiler 7,,ap71 #bjbj_/bjbd1 #gc1jjj1jjj2 ,shipbuilding and ,conversion1 ,navy3 ,,cvn ,refueling ,overhauls1 #bjbj_/bjbd1 #ac1ajj1jjj2 ,other ,procurement1 ,navy1 #bjbj_/bjbb1 #hg1jeb1jjj2 ,procurement1 ,marine ,corps1 #bjbj_/bjbb1 #ee1aci1jjj2 ,aircraft ,procurement1 ,air ,force1 #bjbj_/bjbb1 #edc1jae1jjj2 ,missile ,procurement1 ,air ,force1 #bjbj_/bjbb1 #bd1ejj1jjj2 ,space ,procurement1 ,air ,force1 #bjbj_/bjbb1 #fd1djj1jjj2 ,other ,procurement1 ,air ,force1 #bjbj_/bjbb1 #ff1gbf1jjj2 ,research1 ,development1 ,test and ,evaluation1 ,army1 #bjbj_/bjba1 #bhd1bbh1jjj2 ,research1 ,development1 ,test and ,evaluation1 ,navy1 #bjbj_/bjba1 #hd1jje1jjj2 ,research1 ,development1 ,test and ,evaluation1 ,air ,force1 #bjbj_/bjba1 #bea1hji1jjj2 ,research1 ,development1 ,test and ,evaluation1 ,defense-,wide1 #bjbj_/bjba1 #cgh1jca1jjj2 and ,defense ,counterintelligence and ,security ,agency ,working ,capital ,fund1 #bjbj_/,,xxxx1 #ajj1jjj1jjj4 #hjdd4 ,none of the funds available in this ,act may be used to reduce the authorized positions for military technicians 7dual status7 of the ,army ,national ,guard1 ,air ,national ,guard1 ,army ,reserve and ,air ,force ,reserve for the purpose of applying any administratively imposed civilian personnel ceiling1 freeze1 or reduction on military technicians 7dual status71 unless such reductions are a direct result of a reduction in military force structure4 #hjde4 ,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 purpose3 ,provided1 ,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 ,korea4 #hjdf4 ,funds appropriated in this ,act for operation and maintenance of the ,military ,departments1 ,combatant ,commands and ,defense ,agencies shall be available for reimbursement of pay1 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 ,commands1 ,defense ,agencies and ,joint ,intelligence ,activities1 including the activities and programs included within the ,national ,intelligence ,program and the ,military ,intelligence ,program3 ,provided1 ,that nothing in this section authorizes deviation from established ,reserve and ,national ,guard personnel and training procedures4 #hjdg4 7a7 ,none of the funds available to the ,department of ,defense 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 law4 7b7 ,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 law4 #hjdh4 ,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 origin3 ,provided1 ,that the ,secretary of the military department responsible for such 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 ,senate1 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 purposes3 ,provided further1 ,that this restriction shall not apply to the purchase of commercial items1 as defined by section #ajc of title #da1 ,united ,states ,code1 except that the restriction shall apply to ball or roller bearings purchased as end items4 #hjdi4 ,of the amounts appropriated for ,working ,capital ,fund1 ,army1 #abe1jjj1jjj shall be available to maintain competitive rates at the arsenals4 #hjej4 ,in addition to the amounts appropriated or otherwise made available elsewhere in this ,act1 #di1jjj1jjj is hereby appropriated to the ,department of ,defense3 ,provided1 ,that upon the determination of the ,secretary of ,defense that it shall serve the national interest1 the ,secretary shall make grants in the amounts specified as follows3 #bd1jjj1jjj to the ,united ,service ,organizations and #be1jjj1jjj to the ,red ,cross4 #hjea4 ,none of the funds in this ,act may be used to purchase any supercomputer which is not manufactured in the ,united ,states1 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 manufacturers4 #hjeb4 ,notwithstanding any other provision in this ,act1 the ,small ,business ,innovation ,research program and the ,small ,business ,technology ,transfer program set-asides shall be taken proportionally from all programs1 projects1 or activities to the extent they contribute to the extramural budget4 ,the ,secretary of each military department1 the ,director of each ,defense ,agency1 and the head of each other relevant component of the ,department of ,defense shall submit to the congressional defense committees1 concurrent with submission of the budget justification documents to ,congress pursuant to section #aaje of title #ca1 ,united ,states ,code1 a report with a detailed accounting of the ,small ,business ,innovation ,research program and the ,small ,business ,technology ,transfer program set-asides taken from programs1 projects1 or activities within such department1 agency1 or component during the most recently completed fiscal year4 #hjec4 ,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-- 7#a7 such costs are for a bonus or otherwise in excess of the normal salary paid by the contractor to the employee2 and 7#b7 such bonus is part of restructuring costs associated with a business combination4 7,,including ,,transfer ,,of ,,funds7 #hjed4 ,during the current fiscal year1 no more than #cj1jjj1jjj of appropriations made in this ,act under the heading ,operation and ,maintenance1 ,defense-,wide may be transferred to appropriations available for the pay of military personnel1 to be merged with1 and to be available for the same time period as the appropriations to which transferred1 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 #bjab of title #aj1 ,united ,states ,code4 #hjee4 ,during the current fiscal year1 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 #aeeb of title #ca1 ,united ,states ,code1 and which has a negative unliquidated or unexpended balance1 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-- 7#a7 the obligation would have been properly chargeable 7except as to amount7 to the expired or closed account before the end of the period of availability or closing of that account2 7#b7 the obligation is not otherwise properly chargeable to any current appropriation account of the ,department of ,defense2 and 7#c7 in the case of an expired account1 the obligation is not chargeable to a current appropriation of the ,department of ,defense under the provisions of section #adje7;b77#h7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #aiia1 ,public ,law #aja-eaj1 as amended 7#ca ,u4,s4,c4 #aeea note73 ,provided1 ,that in the case of an expired account1 if subsequent review or investigation discloses that there was not in fact a negative unliquidated or unexpended balance in the account1 any charge to a current account under the authority of this section shall be reversed and recorded against the expired account3 ,provided further1 ,that the total amount charged to a current appropriation under this section may not exceed an amount equal to #a percent of the total appropriation for that account3 ,provided1 ,that the ,under ,secretary of ,defense 7,comptroller7 shall include with the budget of the ,president for fiscal year #bjbb 7as submitted to ,congress pursuant to section #aaje of title #ca1 ,united ,states ,code7 a statement describing each instance if any1 during each of the fiscal years #bjaf through #bjba in which the authority in this section was exercised4 #hjef4 7a7 ,notwithstanding any other provision of law1 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-available1 reimbursable basis4 ,the ,chief of the ,national ,guard ,bureau shall establish the amount of reimbursement for such use on a case-by-case basis4 7b7 ,amounts collected under subsection 7a7 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 subsection4 ,such funds shall be available for such purposes without fiscal year limitation4 7,,including ,,transfer ,,of ,,funds7 #hjeg4 ,of the funds appropriated in this ,act under the heading ,operation and ,maintenance1 ,defense-,wide1 #df1jjj1jjj shall be for continued implementation and expansion of the ,sexual ,assault ,special ,victims' ,counsel ,program3 ,provided1 ,that the funds are made available for transfer to the ,department of the ,army1 the ,department of the ,navy1 and the ,department of the ,air ,force3 ,provided further1 ,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 transferred3 ,provided further1 ,that this transfer authority is in addition to any other transfer authority provided in this ,act4 #hjeh4 ,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 training1 operational use or inventory requirements3 ,provided1 ,that this restriction does not apply to end-items used in development1 prototyping1 and test activities preceding and leading to acceptance for operational use3 ,provided further1 ,that this restriction does not apply to programs funded within the ,national ,intelligence ,program3 ,provided further1 ,that the ,secretary of ,defense shall1 at the time of the submittal to ,congress of the budget of the ,president for fiscal year #bjbb pursuant to section #aaje of title #ca1 ,united ,states ,code1 submit to the congressional defense committees a report detailing the use of funds requested in research1 development1 test and evaluation accounts for end-items used in development1 prototyping and test activities preceding and leading to acceptance for operational use3 ,provided further1 ,that the report shall set forth1 for each end-item covered by the preceding proviso1 a detailed list of the statutory authorities under which amounts in the accounts described in that proviso were used for such item3 ,provided further1 ,that the ,secretary of ,defense shall1 at the time of the submittal to ,congress of the budget of the ,president for fiscal year #bjbb pursuant to section #aaje of title #ca1 ,united ,states ,code1 submit to the congressional defense committees a certification that funds requested for fiscal year #bjbb in research1 development1 test and evaluation are in compliance with this section3 ,provided further1 ,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 so4 #hjei4 7a7 ,the ,secretary of ,defense may1 on a case-by-case basis1 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 country1 or would invalidate reciprocal trade agreements for the procurement of defense items entered into under section #beca of title #aj1 ,united ,states ,code1 and the country does not discriminate against the same or similar defense items produced in the ,united ,states for that country4 7b7 ,subsection 7a7 applies with respect to-- 7#a7 contracts and subcontracts entered into on or after the date of the enactment of this ,act2 and 7#b7 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 7a74 7c7 ,subsection 7a7 does not apply to a limitation regarding construction of public vessels1 ball and roller bearings1 food1 and clothing or textile materials as defined by section ,,xi 7chapters #ej-fe7 of the ,harmonized ,tariff ,schedule of the ,united ,states and products classified under headings #djaj1 #dbjb1 #dbjc1 #fdja through #fdjf1 #feje1 #gjai1 #gbah through #gbbi1 #gcjd4da through #gcjd4di1 #gcjf4dj1 #gejb through #gejh1 #haje1 #hajh1 #haji1 #hbaa1 #hbae1 and #idjd4 #hjfj4 ,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 ,defense1 including areas in such military family housing units that may be used for the purpose of conducting official ,department of ,defense business4 #hjfa4 ,notwithstanding any other provision of law1 funds appropriated in this ,act under the heading ,research1 ,development1 ,test and ,evaluation1 ,defense-,wide for any new start advanced concept technology demonstration project or joint capability demonstration project may only be obligated #de days after a report1 including a description of the project1 the planned acquisition and transition strategy and its estimated annual and total cost1 has been provided in writing to the congressional defense committees3 ,provided1 ,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 so4 #hjfb4 ,the ,secretary of ,defense shall continue to provide a classified quarterly report to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 ,subcommittees on ,defense on certain matters as directed in the classified annex accompanying this ,act4 #hjfc4 ,notwithstanding section #abcaj7;b7 of title #aj1 ,united ,states ,code1 a ,reserve who is a member of the ,national ,guard serving on full-time ,national ,guard duty under section #ejb7;f7 of title #cb1 ,united ,states ,code1 may perform duties in support of the ground-based elements of the ,national ,ballistic ,missile ,defense ,system4 #hjfd4 ,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 penetrator1 armor piercing 7,,ap71 armor piercing incendiary 7,,api71 or armor-piercing incendiary tracer 7,,api-,t71 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 either3 7#a7 rendered incapable of reuse by the demilitarization process2 or 7#b7 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 ,state4 #hjfe4 ,notwithstanding any other provision of law1 the ,chief of the ,national ,guard ,bureau1 or his designee1 may waive payment of all or part of the consideration that otherwise would be required under section #bffg of title #aj1 ,united ,states ,code1 in the case of a lease of personal property for a period not in excess of #a year to any organization specified in section #ejh7;d7 of title #cb1 ,united ,states ,code1 or any other youth1 social1 or fraternal nonprofit organization as may be approved by the ,chief of the ,national ,guard ,bureau1 or his designee1 on a case-by-case basis4 7,,including ,,transfer ,,of ,,funds7 #hjff4 ,of the amounts appropriated in this ,act under the heading ,operation and ,maintenance1 ,army1 #acc1gbd1jjj shall remain available until expended3 ,provided1 ,that1 notwithstanding any other provision of law1 the ,secretary of ,defense is authorized to transfer such funds to other activities of the ,federal ,government3 ,provided further1 ,that the ,secretary of ,defense is authorized to enter into and carry out contracts for the acquisition of real property1 construction1 personal services1 and operations related to projects carrying out the purposes of this section3 ,provided further1 ,that contracts entered into under the authority of this section may provide for such indemnification as the ,secretary determines to be necessary3 ,provided further1 ,that projects authorized by this section shall comply with applicable ,federal1 ,state1 and local law to the maximum extent consistent with the national security1 as determined by the ,secretary of ,defense4 #hjfg4 7a7 ,none of the funds appropriated in this or any other ,act may be used to take any action to modify-- 7#a7 the appropriations account structure for the ,national ,intelligence ,program budget1 including through the creation of a new appropriation or new appropriation account2 7#b7 how the ,national ,intelligence ,program budget request is presented in the unclassified ,p-#a1 ,r-#a1 and ,o-#a documents supporting the ,department of ,defense budget request2 7#c7 the process by which the ,national ,intelligence ,program appropriations are apportioned to the executing agencies2 or 7#d7 the process by which the ,national ,intelligence ,program appropriations are allotted1 obligated and disbursed4 7b7 ,nothing in subsection 7a7 shall be construed to prohibit the merger of programs or changes to the ,national ,intelligence ,program budget at or below the ,expenditure ,center level1 provided such change is otherwise in accordance with paragraphs 7a77#a7-7c74 7c7 ,the ,director of ,national ,intelligence and the ,secretary of ,defense may jointly1 only for the purposes of achieving auditable financial statements and improving fiscal reporting1 study and develop detailed proposals for alternative financial management processes4 ,such study shall include a comprehensive counterintelligence risk assessment to ensure that none of the alternative processes will adversely affect counterintelligence4 7d7 ,upon development of the detailed proposals defined under subsection 7c71 the ,director of ,national ,intelligence and the ,secretary of ,defense shall-- 7#a7 provide the proposed alternatives to all affected agencies2 7#b7 receive certification from all affected agencies attesting that the proposed alternatives will help achieve auditability1 improve fiscal reporting1 and will not adversely affect counterintelligence2 and 7#c7 not later than #cj days after receiving all necessary certifications under paragraph 7#b71 present the proposed alternatives and certifications to the congressional defense and intelligence committees4 #hjfh4 ,in addition to amounts provided elsewhere in this ,act1 #aj1jjj1jjj is hereby appropriated to the ,department of ,defense1 to remain available for obligation until expended3 ,provided1 ,that notwithstanding any other provision of law1 that upon the determination of the ,secretary of ,defense that it shall serve the national interest1 these funds shall be available only for a grant to the ,fisher ,house ,foundation1 ,inc41 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 beneficiary4 7,,including ,,transfer ,,of ,,funds7 #hjfi4 ,of the amounts appropriated for ,operation and ,maintenance1 ,navy1 up to #a1jjj1jjj shall be available for transfer to the ,john ,c4 ,stennis ,center for ,public ,service ,development ,trust ,fund established under section #aaf of the ,john ,c4 ,stennis ,center for ,public ,service ,training and ,development ,act 7#b ,u4,s4,c4 #aaje74 #hjgj4 ,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 fleet3 ,provided1 ,that the command and control relationships which existed on ,october #a1 #bjjd1 shall remain in force until a written modification has been proposed to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate3 ,provided further1 ,that the proposed modification may be implemented #cj days after the notification unless an objection is received from either the ,house or ,senate ,appropriations ,committees3 ,provided further1 ,that any proposed modification shall not preclude the ability of the commander of ,united ,states ,indo-,pacific ,command to meet operational requirements4 #hjga4 ,any notice that is required to be submitted to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate under section #hjf7;c77#d7 of the ,bob ,stump ,national ,defense ,authorization ,act for ,fiscal ,year #bjjc 7#aj ,u4,s4,c4 #bcjb note7 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 ,senate4 7,,including ,,transfer ,,of ,,funds7 #hjgb4 ,of the amounts appropriated in this ,act under the headings ,procurement1 ,defense-,wide and ,research1 ,development1 ,test and ,evaluation1 ,defense-,wide1 #ejj1jjj1jjj shall be for the ,israeli ,cooperative ,programs3 ,provided1 ,that of this amount1 #gc1jjj1jjj 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 threats1 subject to the ,u4,s4-,israel ,iron ,dome ,procurement ,agreement1 as amended2 #agg1jjj1jjj shall be for the ,short ,range ,ballistic ,missile ,defense 7,,srbmd7 program1 including cruise missile defense research and development under the ,,srbmd program1 of which #ej1jjj1jjj 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 laws1 regulations1 and procedures1 subject to the ,u4,s4-,israeli co-production agreement for ,,srbmd1 as amended2 #gg1jjj1jjj shall be for an upper-tier component to the ,israeli ,missile ,defense ,architecture1 of which #gg1jjj1jjj shall be for co-production activities of ,arrow #c ,upper ,tier systems in the ,united ,states and in ,israel to meet ,israel's defense requirements consistent with each nation's laws1 regulations1 and procedures1 subject to the ,u4,s4-,israeli co-production agreement for ,arrow #c ,upper ,tier1 as amended2 and #agc1jjj1jjj shall be for the ,arrow ,system ,improvement ,program including development of a long range1 ground and airborne1 detection suite3 ,provided further1 ,that the transfer authority provided under this provision is in addition to any other transfer authority contained in this ,act4 7,,including ,,transfer ,,of ,,funds7 #hjgc4 ,of the amounts appropriated in this ,act under the heading ,shipbuilding and ,conversion1 ,navy1 #djg1cab1jjj shall be available until ,september #cj1 #bjba1 to fund prior year shipbuilding cost increases3 ,provided1 ,that upon enactment of this ,act1 the ,secretary of the ,navy shall transfer funds to the following appropriations in the amounts specified3 ,provided further1 ,that the amounts transferred shall be merged with and be available for the same purposes as the appropriations to which transferred to3 7#a7 ,under the heading ,shipbuilding and ,conversion1 ,navy1 #bjjh_/bjba3 ,carrier ,replacement ,program #ga1jjj1jjj2 7#b7 ,under the heading ,shipbuilding and ,conversion1 ,navy1 #bjae_/bjba3 ,,ddg-#ea ,destroyer #i1fcd1jjj2 7#c7 ,under the heading ,shipbuilding and ,conversion1 ,navy1 #bjaf_/bjba3 ,,cvn ,refueling ,overhauls #ahf1bjj1jjj2 7#d7 ,under the heading ,shipbuilding and ,conversion1 ,navy1 #bjaf_/bjba3 ,,lpd-#ag #cj1egh1jjj2 7#e7 ,under the heading ,shipbuilding and ,conversion1 ,navy1 #bjaf_/bjba3 ,,tao ,fleet ,oiler #db1ejj1jjj2 7#f7 ,under the heading ,shipbuilding and ,conversion1 ,navy1 #bjah_/bjba3 ,,tao ,fleet ,oiler #ag1djj1jjj2 and 7#g7 ,under the heading ,shipbuilding and ,conversion1 ,navy1 #bjah_/bjba3 ,expeditionary ,fast ,transport #ej1jjj1jjj4 #hjgd4 ,funds appropriated by this ,act1 or made available by the transfer of funds in this ,act1 for intelligence activities are deemed to be specifically authorized by the ,congress for purposes of section #ejd of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjid7 during fiscal year #bjba until the enactment of the ,intelligence ,authorization ,act for ,fiscal ,year #bjba4 #hjge4 ,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 program1 project1 or activity unless such program1 project1 or activity must be undertaken immediately in the interest of national security and only after written prior notification to the congressional defense committees4 #hjgf4 ,the budget of the ,president for fiscal year #bjbb submitted to the ,congress pursuant to section #aaje of title #ca1 ,united ,states ,code1 shall include separate budget justification documents for costs of ,united ,states ,armed ,forces' participation in contingency operations for the ,military ,personnel accounts1 the ,operation and ,maintenance accounts1 the ,procurement accounts1 and the ,research1 ,development1 ,test and ,evaluation accounts3 ,provided1 ,that these documents shall include a description of the funding requested for each contingency operation1 for each military service1 to include all ,active and ,reserve components1 and for each appropriations account3 ,provided further1 ,that these documents shall include estimated costs for each element of expense or object class1 a reconciliation of increases and decreases for each contingency operation1 and programmatic data including1 but not limited to1 troop strength for each ,active and ,reserve component1 and estimates of the major weapons systems deployed in support of each contingency3 ,provided further1 ,that these documents shall include budget exhibits ,,op-#e and ,,op-#cb 7as defined in the ,department of ,defense ,financial ,management ,regulation7 for all contingency operations for the budget year and the two preceding fiscal years4 #hjgg4 ,none of the funds in this ,act may be used for research1 development1 test1 evaluation1 procurement or deployment of nuclear armed interceptors of a missile defense system4 #hjgh4 ,the ,secretary of ,defense may use up to #fej1jjj1jjj 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 #hjf of the ,bob ,stump ,national ,defense ,authorization ,act for ,fiscal ,year #bjjc 7,public ,law #ajg-cad2 #aj ,u4,s4,c4 #bcjb note71 but only for the purposes specified in clauses 7i71 7ii71 7iii71 and 7iv7 of subsection 7c77#c77;,b7 of such section and subject to the applicable limits specified in clauses 7i71 7ii71 and 7iii7 of such subsection and1 in the case of clause 7iv7 of such subsection1 subject to a limit of #ej1jjj1jjj3 ,provided1 ,that the ,secretary of ,defense shall notify the congressional defense committees promptly of all uses of this authority4 #hjgi4 ,none of the funds appropriated or made available in this ,act shall be used to reduce or disestablish the operation of the #ecrd ,weather ,reconnaissance ,squadron of the ,air ,force ,reserve1 if such action would reduce the ,,wc-#acj ,weather ,reconnaissance mission below the levels funded in this ,act3 ,provided1 ,that the ,air ,force shall allow the #ecrd ,weather ,reconnaissance ,squadron to perform other missions in support of national defense requirements during the non-hurricane season4 #hjhj4 ,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 activities3 ,provided1 ,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 ,no4 #abccc4 #hjha4 7a7 ,none of the funds appropriated by this ,act may be used to transfer research and development1 acquisition1 or other program authority relating to current tactical unmanned aerial vehicles 7,t,u,a,vs7 from the ,army4 7b7 ,the ,army shall retain responsibility for and operational control of the ,,mq-#a;,c ,gray ,eagle ,unmanned ,aerial ,vehicle 7,,uav7 in order to support the ,secretary of ,defense in matters relating to the employment of unmanned aerial vehicles4 #hjhb4 ,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 year1 except for funds appropriated for research and technology1 which shall remain available until ,september #cj1 #bjbb4 #hjhc4 ,for purposes of section #aeec7;b7 of title #ca1 ,united ,states ,code1 any subdivision of appropriations made in this ,act under the heading ,shipbuilding and ,conversion1 ,navy shall be considered to be for the same purpose as any subdivision under the heading ,shipbuilding and ,conversion1 ,navy appropriations in any prior fiscal year1 and the #a percent limitation shall apply to the total amount of the appropriation4 #hjhd4 7a7 ,not later than #fj days after the date of enactment of this ,act1 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 #bjba3 ,provided1 ,that the report shall include-- 7#a7 a table for each appropriation with a separate column to display the ,president's budget request1 adjustments made by ,congress1 adjustments due to enacted rescissions1 if appropriate1 and the fiscal year enacted level2 7#b7 a delineation in the table for each appropriation by ,expenditure ,center and project2 and 7#c7 an identification of items of special congressional interest4 7b7 ,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 7a7 is submitted to the congressional intelligence committees1 unless the ,director of ,national ,intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement4 #hjhe4 ,notwithstanding any other provision of law1 any transfer of funds1 appropriated or otherwise made available by this ,act1 for support to friendly foreign countries in connection with the conduct of operations in which the ,united ,states is not participating1 pursuant to section #cca7;d7 of title #aj1 ,united ,states ,code1 shall be made in accordance with section #hjje or #ijjb of this ,act1 as applicable4 #hjhf4 ,any transfer of amounts appropriated to the ,department of ,defense ,acquisition ,workforce ,development ,account in or for fiscal year #bjba to a military department or ,defense ,agency pursuant to section #agje7;e77#a7 of title #aj1 ,united ,states ,code1 shall be covered by and subject to section #hjje or #ijjb of this ,act1 as applicable4 #hjhg4 ,none of the funds made available by this ,act for excess defense articles1 assistance under section #ccc of title #aj1 ,united ,states ,code1 or peacekeeping operations for the countries designated annually to be in violation of the standards of the ,child ,soldiers ,prevention ,act of #bjjh 7,public ,law #aaj-deg2 #bb ,u4,s4,c4 #bcgj;c-#a7 may be used to support any military training or operation that includes child soldiers1 as defined by the ,child ,soldiers ,prevention ,act of #bjjh1 unless such assistance is otherwise permitted under section #djd of the ,child ,soldiers ,prevention ,act of #bjjh4 #hjhh4 7a7 ,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 #ajb;,a7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjbd7;d77 that-- 7#a7 creates a new start effort2 7#b7 terminates a program with appropriated funding of #aj1jjj1jjj or more2 7#c7 transfers funding into or out of the ,national ,intelligence ,program2 or 7#d7 transfers funding between appropriations1 unless the congressional intelligence committees are notified #cj days in advance of such reprogramming of funds2 this notification period may be reduced for urgent national security requirements4 7b7 ,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 #ajb;,a7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjbd7;d77 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 #cj days in advance of such reprogramming of funds2 this notification period may be reduced for urgent national security requirements4 #hjhi4 ,in this fiscal year and each fiscal year thereafter1 funds appropriated under the heading ,procurement1 ,space ,force may be obligated for payment of satellite on-orbit incentives in the fiscal year in which an incentive payment is earned3 ,provided1 ,that any obligation made pursuant to this section may not be entered into until #cj calendar days in session after the congressional defense committees have been notified that an on-orbit incentive payment has been earned4 #hjij4 ,for the purposes of this ,act1 the term congressional intelligence committees means the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives1 the ,select ,committee on ,intelligence of the ,senate1 the ,subcommittee on ,defense of the ,committee on ,appropriations of the ,house of ,representatives1 and the ,subcommittee on ,defense of the ,committee on ,appropriations of the ,senate4 7,,including ,,transfer ,,of ,,funds7 #hjia4 ,during the current fiscal year1 not to exceed #aa1jjj1jjj from each of the appropriations made in title ,,ii of this ,act for ,operation and ,maintenance1 ,army1 ,operation and ,maintenance1 ,navy1 and ,operation and ,maintenance1 ,air ,force may be transferred by the military department concerned to its central fund established for ,fisher ,houses and ,suites pursuant to section #bdic7;d7 of title #aj1 ,united ,states ,code4 #hjib4 ,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 #agje of title #aj1 ,united ,states ,code4 #hjic4 7a7 ,any agency receiving funds made available in this ,act1 shall1 subject to subsections 7b7 and 7c71 post on the public ,web site of that agency any report required to be submitted by the ,congress in this or any other ,act1 upon the determination by the head of the agency that it shall serve the national interest4 7b7 ,subsection 7a7 shall not apply to a report if-- 7#a7 the public posting of the report compromises national security2 or 7#b7 the report contains proprietary information4 7c7 ,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 #de days4 #hjid4 7a7 ,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 #a1jjj1jjj1 unless the contractor agrees not to-- 7#a7 enter into any agreement with any of its employees or independent contractors that requires1 as a condition of employment1 that the employee or independent contractor agree to resolve through arbitration any claim under title ,,vii of the ,civil ,rights ,act of #aifd or any tort related to or arising out of sexual assault or harassment1 including assault and battery1 intentional infliction of emotional distress1 false imprisonment1 or negligent hiring1 supervision1 or retention2 or 7#b7 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 #aifd or any tort related to or arising out of sexual assault or harassment1 including assault and battery1 intentional infliction of emotional distress1 false imprisonment1 or negligent hiring1 supervision1 or retention4 7b7 ,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 into1 and not to take any action to enforce any provision of1 any agreement as described in paragraphs 7#a7 and 7#b7 of subsection 7a71 with respect to any employee or independent contractor performing work related to such subcontract4 ,for purposes of this subsection1 a covered subcontractor is an entity that has a subcontract in excess of #a1jjj1jjj on a contract subject to subsection 7a74 7c7 ,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 ,states4 7d7 ,the ,secretary of ,defense may waive the application of subsection 7a7 or 7b7 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 ,states1 and that the term of the contract or subcontract is not longer than necessary to avoid such harm4 ,the determination shall set forth with specificity the grounds for the waiver and for the contract or subcontract term selected1 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 ,states4 ,the ,secretary of ,defense shall transmit to ,congress1 and simultaneously make public1 any determination under this subsection not less than #ae business days before the contract or subcontract addressed in the determination may be awarded4 7,,including ,,transfer ,,of ,,funds7 #hjie4 ,from within the funds appropriated for operation and maintenance for the ,defense ,health ,program in this ,act1 up to #acg1jjj1jjj1 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 #agjd of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaj1 ,public ,law #aaa-hd3 ,provided1 ,that for purposes of section #agjd7;b71 the facility operations funded are operations of the integrated ,captain ,james ,a4 ,lovell ,federal ,health ,care ,center1 consisting of the ,north ,chicago ,veterans ,affairs ,medical ,center1 the ,navy ,ambulatory ,care ,center1 and supporting facilities designated as a combined ,federal medical facility as described by section #gjf of ,public ,law #aaj-dag3 ,provided further1 ,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 ,senate4 #hjif4 ,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 #acj;h of title #aj1 ,united ,states ,code4 #hjig4 ,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 #dej1jjj per vehicle1 notwithstanding price or other limitations applicable to the purchase of passenger carrying vehicles4 7,,including ,,transfer ,,of ,,funds7 #hjih4 ,upon a determination by the ,director of ,national ,intelligence that such action is necessary and in the national interest1 the ,director may1 with the approval of the ,office of ,management and ,budget1 transfer not to exceed #a1ejj1jjj1jjj of the funds made available in this ,act for the ,national ,intelligence ,program3 ,provided1 ,that such authority to transfer may not be used unless for higher priority items1 based on unforeseen intelligence requirements1 than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the ,congress3 ,provided further1 ,that a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to ,june #cj1 #bjba4 #hjii4 ,none of the funds made available by this ,act may be used in contravention of the ,war ,powers ,resolution 7#ej ,u4,s4,c4 #aeda et seq474 #hajj4 ,none of the funds appropriated or otherwise made available in this or any other ,act may be used to transfer1 release1 or assist in the transfer or release to or within the ,united ,states1 its territories1 or possessions ,khalid ,sheikh ,mohammed or any other detainee who-- 7#a7 is not a ,united ,states citizen or a member of the ,armed ,forces of the ,united ,states2 and 7#b7 is or was held on or after ,june #bd1 #bjji1 at ,united ,states ,naval ,station1 ,guantnamo ,bay1 ,cuba1 by the ,department of ,defense4 #haja4 ,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 ,guantnamo ,bay1 ,cuba1 to the custody or control of the individual's country of origin1 any other foreign country1 or any other foreign entity except in accordance with section #ajcd of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7,public ,law #aad-ib7 and section #ajce of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7,public ,law #aae-bcb74 #hajb4 7a7 ,none of the funds appropriated or otherwise made available by this or any other ,act may be used by the ,secretary of ,defense1 or any other official or officer of the ,department of ,defense1 to enter into a contract1 memorandum of understanding1 or cooperative agreement with1 or make a grant to1 or provide a loan or loan guarantee to ,rosoboronexport or any subsidiary of ,rosoboronexport4 7b7 ,the ,secretary of ,defense may waive the limitation in subsection 7a7 if the ,secretary1 in consultation with the ,secretary of ,state and the ,director of ,national ,intelligence1 determines that it is in the vital national security interest of the ,united ,states to do so1 and certifies in writing to the congressional defense committees that-- 7#a7 ,rosoboronexport has ceased the transfer of lethal military equipment to1 and the maintenance of existing lethal military equipment for1 the ,government of the ,syrian ,arab ,republic2 7#b7 the armed forces of the ,russian ,federation have withdrawn from ,crimea1 other than armed forces present on military bases subject to agreements in force between the ,government of the ,russian ,federation and the ,government of ,ukraine2 and 7#c7 agents of the ,russian ,federation have ceased taking active measures to destabilize the control of the ,government of ,ukraine over eastern ,ukraine4 7c7 ,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 7b71 and not later than #ij days after the date on which such a waiver is issued by the ,secretary of ,defense1 the ,inspector ,general shall submit to the congressional defense committees a report containing the results of the review conducted with respect to such waiver4 #hajc4 ,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 #becc;a7b7 of title #aj1 ,united ,states ,code4 #hajd4 7a7 ,none of the funds appropriated or otherwise made available in this or any other ,act may be used to construct1 acquire1 or modify any facility in the ,united ,states1 its territories1 or possessions to house any individual described in subsection 7c7 for the purposes of detention or imprisonment in the custody or under the effective control of the ,department of ,defense4 7b7 ,the prohibition in subsection 7a7 shall not apply to any modification of facilities at ,united ,states ,naval ,station1 ,guantnamo ,bay1 ,cuba4 7c7 ,an individual described in this subsection is any individual who1 as of ,june #bd1 #bjji1 is located at ,united ,states ,naval ,station1 ,guantnamo ,bay1 ,cuba1 and who-- 7#a7 is not a citizen of the ,united ,states or a member of the ,armed ,forces of the ,united ,states2 and 7#b7 is-- 7,a7 in the custody or under the effective control of the ,department of ,defense2 or 7,b7 otherwise under detention at ,united ,states ,naval ,station1 ,guantnamo ,bay1 ,cuba4 #haje4 ,of the amounts appropriated in this ,act for ,shipbuilding and ,conversion1 ,navy1 #fj1jjj1jjj1 to remain available for obligation until ,september #cj1 #bjbe1 may be used for the purchase of two used sealift vessels for the ,national ,defense ,reserve ,fleet1 established under section #aa of the ,merchant ,ship ,sales ,act of #aidf 7#df ,u4,s4,c4 #egajj73 ,provided1 ,that such amounts are available for reimbursements to the ,ready ,reserve ,force1 ,maritime ,administration account of the ,united ,states ,department of ,transportation for programs1 projects1 activities1 and expenses related to the ,national ,defense ,reserve ,fleet3 ,provided further1 ,that notwithstanding #aj ,u4,s4,c4 #bbah 7,national ,defense ,sealift ,fund71 none of these funds shall be transferred to the ,national ,defense ,sealift ,fund for execution4 #hajf4 ,the ,secretary of ,defense shall post grant awards on a public website in a searchable format4 #hajg4 ,if the ,secretary of a military department reduces each research1 development1 test and evaluation1 and procurement account of the military department pursuant to paragraph 7#a7 of section #hbh7;d7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7,public ,law #aad-ib2 #aj ,u4,s4,c4 #bdcj note71 the ,secretary shall allocate the reduction determined under paragraph 7#b7 of such section #hbh7;d7 proportionally from all programs1 projects1 or activities under such account3 ,provided1 ,that the authority under section #hjd7;d77#b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7,public ,law #aad-ib2 #aj ,u4,s4,c4 #bcjb note7 to transfer amounts available in the ,rapid ,prototyping ,fund shall be subject to section #hjje or #ijjb of this ,act1 as applicable4 #hajh4 ,none of the funds made available by this ,act may be used by the ,national ,security ,agency to-- 7#a7 conduct an acquisition pursuant to section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh for the purpose of targeting a ,united ,states person2 or 7#b7 acquire1 monitor1 or store the contents 7as such term is defined in section #beaj7h7 of title #ah1 ,united ,states ,code7 of any electronic communication of a ,united ,states person from a provider of electronic communication services to the public pursuant to section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh4 #haji4 ,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 program1 project1 or activity financed by this ,act to the jurisdiction of another ,federal agency not financed by this ,act without the express authorization of ,congress3 ,provided1 ,that this limitation shall not apply to transfers of funds expressly provided for in ,defense ,appropriations ,acts1 or provisions of ,acts providing supplemental appropriations for the ,department of ,defense4 #haaj4 ,of the amounts appropriated in this ,act for ,operation and ,maintenance1 ,navy1 #cgf1jbi1jjj1 to remain available until expended1 may be used for any purposes related to the ,national ,defense ,reserve ,fleet established under section #aa of the ,merchant ,ship ,sales ,act of #aidf 7#df ,u4,s4,c4 #egajj73 ,provided1 ,that such amounts are available for reimbursements to the ,ready ,reserve ,force1 ,maritime ,administration account of the ,united ,states ,department of ,transportation for programs1 projects1 activities1 and expenses related to the ,national ,defense ,reserve ,fleet4 #haaa4 ,none of the funds made available in this ,act may be obligated for activities authorized under section #abjh of the ,ronald ,w4 ,reagan ,national ,defense ,authorization ,act for ,fiscal ,year #bjje 7,public ,law #aab-ha2 #abe ,stat4 #afba7 to initiate support for1 or expand support to1 foreign forces1 irregular forces1 groups1 or individuals unless the congressional defense committees are notified in accordance with the direction contained in the classified annex accompanying this ,act1 not less than #ae days before initiating such support3 ,provided1 ,that none of the funds made available in this ,act may be used under section #abjh for any activity that is not in support of an ongoing military operation being conducted by ,united ,states ,special ,operations ,forces to combat terrorism3 ,provided further1 ,that the ,secretary of ,defense may waive the prohibitions in this section if the ,secretary determines that such waiver is required by extraordinary circumstances and1 by not later than #gb hours after making such waiver1 notifies the congressional defense committees of such waiver4 #haab4 ,the ,secretary of ,defense1 in consultation with the ,service ,secretaries1 shall submit a report to the congressional defense committees1 not later than #ahj days after the enactment of this ,act1 detailing the submission of records during the previous #ab months to databases accessible to the ,national ,instant ,criminal ,background ,check ,system 7,,nics71 including the ,interstate ,identification ,index 7,,iii71 the ,national ,crime ,information ,center 7,,ncic71 and the ,,nics ,index1 as required by ,public ,law #aaj-ahj3 ,provided1 ,that such report shall provide the number and category of records submitted by month to each such database1 by ,service or ,component3 ,provided further1 ,that such report shall identify the number and category of records submitted by month to those databases for which the ,identification for ,firearm ,sales 7,,iffs7 flag or other database flags were used to pre-validate the records and indicate that such persons are prohibited from receiving or possessing a firearm3 ,provided further1 ,that such report shall describe the steps taken during the previous #ab months1 by ,service or ,component1 to ensure complete and accurate submission and appropriate flagging of records of individuals prohibited from gun possession or receipt pursuant to #ah ,u4,s4,c4 #ibb7;g7 or 7n7 including applicable records involving proceedings under the ,uniform ,code of ,military ,justice4 #haac4 7a7 ,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 ,states3 ,auxiliary equipment 7including pumps7 for shipboard services2 propulsion equipment 7including engines1 reduction gears1 and propellers72 shipboard cranes2 and spreaders for shipboard cranes4 7b7 ,none of the funds provided in this ,act for the ,,ffg7,x7 ,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 ,states3 ,air circuit breakers2 gyrocompasses2 electronic navigation chart systems2 steering controls2 pumps2 propulsion and machinery control systems2 totally enclosed lifeboats2 auxiliary equipment pumps2 shipboard cranes2 auxiliary chill water systems2 and propulsion propellers3 ,provided1 ,that the ,secretary of the ,navy shall incorporate ,united ,states manufactured propulsion engines and propulsion reduction gears into the ,,ffg7,x7 ,frigate program beginning not later than with the eleventh ship of the program4 #haad4 ,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 to3 7#a7 the ,rapid ,prototyping ,fund established under section #hjd7;d7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7#aj ,u4,s4,c4 #bcjb note72 or 7#b7 credited to a military-department specific fund established under section #hjd7;d77#b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7as amended by section #hig of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag74 #haae4 ,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 gaming1 or for entertainment that includes topless or nude entertainers or participants1 as prohibited by ,department of ,defense ,,fmr1 ,volume #i1 ,chapter #c and ,department of ,defense ,instruction #ajae4aj 7enclosure #c1 #ad;a and #ad;b74 #haaf4 7a7 ,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 websites4 7b7 ,nothing in subsection 7a7 shall limit the use of funds necessary for any ,federal1 ,state1 tribal1 or local law enforcement agency or any other entity carrying out criminal investigations1 prosecution1 or adjudication activities1 or for any activity necessary for the national defense1 including intelligence activities4 #haag4 ,none of the funds appropriated by this ,act may be made available to deliver ,f-#ce air vehicles or any other ,f-#ce weapon system equipment to the ,republic of ,turkey1 except in accordance with section #abde of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib74 #haah4 ,in addition to amounts provided elsewhere in this ,act1 there is appropriated #bhd1jjj1jjj1 for an additional amount for ,operation and ,maintenance1 ,defense-,wide1 to remain available until expended3 ,provided1 ,that such funds shall only be available to the ,secretary of ,defense1 acting through the ,office of ,economic ,adjustment of the ,department of ,defense1 or for transfer to the ,secretary of ,education1 notwithstanding any other provision of law1 to make grants1 conclude cooperative agreements1 or supplement other ,federal funds to construct1 renovate1 repair1 or expand elementary and secondary public schools on military installations in order to address capacity or facility condition deficiencies at such schools3 ,provided further1 ,that in making such funds available1 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 ,defense3 ,provided further1 ,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 ,construction1 ,renovation1 ,repair or ,expansion of ,public ,schools ,located on ,military ,installations published by the ,department of ,defense in the ,federal ,register on ,september #i1 #bjaa 7#gf ,fed4 ,reg4 #eehhc et seq473 ,provided further1 ,that these provisions apply to funds provided under this section1 and to funds previously provided by ,congress to construct1 renovate1 repair1 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 section4 #haai4 ,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 7,category ,,ii or ,,iii7 ,active ,duty ,service ,members issued by the ,assistant ,secretary of ,defense for ,health ,affairs on ,april #c1 #bjab1 and the guidance issued to implement such memorandum1 the ,secretary of ,defense shall apply such policy and guidance1 except that-- 7#a7 the limitation on periods regarding embryo cryopreservation and storage set forth in part ,,iii7,g7 and in part ,,iv7,h7 of such memorandum shall not apply2 and 7#b7 the term assisted reproductive technology shall include embryo cryopreservation and storage without limitation on the duration of such cryopreservation and storage4 #habj4 ,none of the funds made available by this ,act may be used to carry out the closure or realignment of the ,united ,states ,naval ,station1 ,guantnamo ,bay1 ,cuba4 #haba4 ,none of the funds provided for1 or otherwise made available1 in this or any other ,act1 may be obligated or expended by the ,secretary of ,defense to provide motorized vehicles1 aviation platforms1 munitions other than small arms and munitions appropriate for customary ceremonial honors1 operational military units1 or operational military platforms if the ,secretary determines that providing such units1 platforms1 or equipment would undermine the readiness of such units1 platforms1 or equipment4 #habb4 ,the ,secretary of ,defense may obligate and expend funds made available under this ,act for procurement or for research1 development1 test and evaluation for the ,f-#ce ,joint ,strike ,fighter to modify up to six ,f-#ce aircraft1 including up to two ,f-#ce aircraft of each variant1 to a test configuration3 ,provided1 ,that the ,secretary of ,defense shall1 with the concurrence of the ,secretary of the ,air ,force and the ,secretary of the ,navy1 notify the congressional defense committees not fewer than #cj days prior to obligating and expending funds under this section3 ,provided further1 ,that any transfer of funds pursuant to the authority provided in this section shall be made in accordance with section #hjje or #ijjb of this ,act1 as appropriate1 if applicable3 ,provided further1 ,that aircraft referred to previously in this section are not additional to aircraft referred to in section #hace of the ,department of ,defense ,appropriations ,act1 #bjai and section #habf of the ,department of ,defense ,appropriations ,act1 #bjbj4 #habc4 ,amounts appropriated for ,defense ,health ,program in this ,act and hereafter may be obligated to make death gratuity payments1 as authorized in subchapter ,,ii of chapter #ge of title #aj1 ,united ,states ,code1 if no appropriation for ,military ,personnel is available for obligation for such payments3 ,provided1 ,that such obligations may subsequently be recorded against appropriations available for ,military ,personnel4 #habd4 7a7 ,none of the funds made available by this or any other ,act may be used to enter into a contract1 memorandum of understanding1 or cooperative agreement with1 make a grant to1 or provide a loan or loan guarantee to any corporation that has any unpaid ,federal tax liability that has been assessed1 for which all judicial and administrative remedies have been exhausted or have lapsed1 and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting such tax liability1 provided that the applicable ,federal agency is aware of the unpaid ,federal tax liability4 7b7 ,subsection 7a7 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 ,government4 #habe4 ,during fiscal year #bjba1 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 #bbjh7l77#c7 of title #aj1 ,united ,states ,code4 #habf4 ,none of the funds appropriated or otherwise made available by this ,act may be used to transfer the ,national ,reconnaissance ,office to the ,space ,force3 ,provided1 ,that nothing in this ,act shall be construed to limit or prohibit cooperation1 collaboration1 and coordination between the ,national ,reconnaissance ,office and the ,space ,force or any other elements of the ,department of ,defense4 #habg4 ,none of the funds appropriated or otherwise made available by this ,act may be used to transfer any element of the ,department of the ,army1 the ,department of the ,navy1 or a ,department of ,defense agency to the ,space ,force unless1 concurrent with the fiscal year #bjbb budget submission 7as submitted to ,congress pursuant to section #aaje of title #ca1 ,united ,states ,code71 the ,secretary of ,defense provides a report to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 detailing any plans to transfer appropriate space elements of the ,department of the ,army1 the ,department of the ,navy1 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 transferred3 ,provided1 ,that such report shall include fiscal year #bjbb budget and future years defense program adjustments associated with such planned transfers4 #habh4 ,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 duty3 ,provided1 ,that amounts appropriated under such headings may be used for payments pursuant to section #aef of ,public ,law #ig-cgg1 as amended 7#db ,u4,s4,c4 #djb note71 and to the ,department of ,defense ,military ,retirement ,fund4 #habi4 ,notwithstanding any other provision of this ,act1 to reflect savings due to favorable foreign exchange rates1 the total amount appropriated in this ,act is hereby reduced by #cge1jjj1jjj4 #hacj4 ,notwithstanding any other provision of this ,act1 to reflect savings due to lower than anticipated fuel costs1 the total amount appropriated in this ,act is hereby reduced by #a1gjj1cfb1jjj4 #haca4 7a7 ,amounts appropriated under title ,,iv of this ,act1 as detailed in budget activity eight of the tables in the explanatory statement regarding this ,act1 may be used for expenses for the agile research1 development1 test and evaluation1 procurement1 production1 modification1 and operation and maintenance1 only for the following ,software and ,digital ,technology ,pilot programs-- 7#a7 ,defensive ,cyber ,operations ,army 7,,pe #jfjhjda;,a72 7#b7 ,risk ,management ,information 7,,pe #jfjhjac,n72 7#c7 ,maritime ,tactical ,command ,control 7,,pe #jfjhbca,n72 7#d7 ,space ,command and ,control 7,,pe #abjcfad,,sf72 7#e7 ,national ,background ,investigation ,services 7,,pe #jfjhaig,v72 7#f7 ,global ,command and ,control ,system-,joint 7,,pe #jcjhaej,k72 7#g7 ,algorithmic ,warfare ,cross ,functional ,team 7,,pe #jcjhehh;,d#h,z72 and 7#h7 ,acquisition visibility 7,,pe #jfjhfdh;,d#h,z74 7b7 ,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 #bjba4 #hacb4 7a7 ,in addition to amounts otherwise made available in this ,act1 there is appropriated #ajj1jjj1jjj to the ,under ,secretary of ,defense 7,acquisition and ,sustainment71 to remain available until expended4 7b7 ,the funds provided by subsection 7a7 shall be available to the ,under ,secretary of ,defense 7,acquisition and ,sustainment71 in coordination with the ,assistant ,secretary of the ,army 7,acquisition1 ,logistics and ,technology7 and the ,assistant ,secretary of the ,navy 7,research1 ,development and ,acquisition7 and the ,assistant ,secretary of the ,air ,force 7,acquisition1 ,technology and ,logistics71 to assess and strengthen the manufacturing and defense industrial base and supply chain resiliency of the ,united ,states4 7c7 7#a7 ,the ,under ,secretary of ,defense 7,comptroller7 shall transfer funds provided by subsection 7a7 to appropriations for operation and maintenance2 procurement2 and research1 development1 test and evaluation to accomplish the purposes specified in subsection 7b74 ,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 transferred4 7#b7 ,the transfer authority provided by this subsection shall be in addition to any other transfer authority available to the ,department of ,defense4 7#c7 ,the ,under ,secretary of ,defense 7,acquisition and ,sustainment7 shall1 through the ,under ,secretary of ,defense 7,comptroller71 not less than #cj days prior to making any transfer under this subsection1 notify the congressional defense committees in writing of the details of the transfer4 7d7 ,funds appropriated by this section may not be transferred to ,drug ,interdiction and ,counter-,drug ,activities1 ,defense4 7,,including ,,transfer ,,of ,,funds7 #hacc4 ,in addition to amounts appropriated in title ,,ii or otherwise made available elsewhere in this ,act1 #cjj1ejj1jjj is hereby appropriated to the ,department of ,defense and made available for transfer to the operation and maintenance accounts of the ,army1 ,navy1 ,marine ,corps1 and ,air ,force 7including ,national ,guard and ,reserve7 for purposes of improving military readiness3 ,provided1 ,that the transfer authority provided under this provision is in addition to any other transfer authority provided elsewhere in this ,act4 #hacd4 ,none of the funds provided in this ,act for requirements development1 performance specification development1 concept design and development1 ship configuration development1 systems engineering1 naval architecture1 marine engineering1 operations research analysis1 industry studies1 preliminary design1 development of the ,detailed ,design and ,construction ,request for ,proposals solicitation package1 or related activities for the ,,as7,x7 ,submarine ,tender1 ,t-,,arc7,x7 ,cable ,laying and ,repair ,ship1 or ,t-,,agos7,x7 ,oceanographic ,surveillance ,ship may be used to award a new contract for such activities unless these contracts include specifications that all auxiliary equipment1 including pumps and propulsion shafts are manufactured in the ,united ,states4 #hace4 ,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 ,coronado4 #hacf4 ,of the amounts appropriated in this ,act under the heading ,operation and ,maintenance1 ,defense-,wide1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that such funds shall only be available to the ,secretary of ,defense1 acting through the ,office of ,economic ,adjustment of the ,department of ,defense1 to make grants to communities impacted by military aviation noise for the purpose of installing noise mitigating insulation at covered facilities3 ,provided further1 ,that1 to be eligible to receive a grant under the program1 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 community3 ,provided further1 ,that as a condition of receiving funds under this section a ,state or local entity shall provide a matching share of ten percent3 ,provided further1 ,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 #dga and subchapter ,i of chapter #dge of title #di1 ,united ,states ,code3 ,provided further1 ,that1 in carrying out the program1 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 #aej of title #ad1 ,code of ,federal ,regulations3 ,provided further1 ,that1 in this section1 the term covered facilities means hospitals1 daycare facilities1 schools1 facilities serving senior citizens1 and private residences that are located within one mile or a day-night average sound level of #fe 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 #fe or greater1 as determined by the ,department of ,defense or ,federal ,aviation ,administration noise modeling programs4 #hacg4 ,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 #acja of title #ca1 ,united ,states ,code1 and related statutes and is made pursuant to a contract awarded using full and open competitive procedures or procedures authorized by section #bcjd7;c77#f7 of title #aj1 ,united ,states ,code4 #hach4 ,amounts appropriated or otherwise made available to the ,department of ,defense in this ,act1 may not be obligated or expended for the retirement or divestiture of the ,,rq-#d ,global ,hawk ,block #cj and ,block #dj aircraft3 ,provided1 ,that the ,secretary of the ,air ,force is prohibited from deactivating the corresponding squadrons responsible for the operations of the aforementioned aircraft4 ,,ix ,overseas contingency operations ,,military ,,personnel ,military personnel1 army ,for an additional amount for ,military ,personnel1 ,army1 #b1gdh1jcc1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,military personnel1 navy ,for an additional amount for ,military ,personnel1 ,navy1 #chb1bhf1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,military personnel1 marine corps ,for an additional amount for ,military ,personnel1 ,marine ,corps1 #abi1idc1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,military personnel1 air force ,for an additional amount for ,military ,personnel1 ,air ,force1 #a1jgg1afh1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,reserve personnel1 army ,for an additional amount for ,reserve ,personnel1 ,army1 #cc1dad1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,reserve personnel1 navy ,for an additional amount for ,reserve ,personnel1 ,navy1 #aa1gga1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,reserve personnel1 marine corps ,for an additional amount for ,reserve ,personnel1 ,marine ,corps1 #b1jdh1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,reserve personnel1 air force ,for an additional amount for ,reserve ,personnel1 ,air ,force1 #af1haf1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,national guard personnel1 army ,for an additional amount for ,national ,guard ,personnel1 ,army1 #aie1cad1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,national guard personnel1 air force ,for an additional amount for ,national ,guard ,personnel1 ,air ,force1 #e1hjj1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,operation ,,and ,,maintenance ,operation and maintenance1 army ,for an additional amount for ,operation and ,maintenance1 ,army1 #ag1dig1bed1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,operation and maintenance1 navy ,for an additional amount for ,operation and ,maintenance1 ,navy1 #aa1efh1cfc1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,operation and maintenance1 marine corps ,for an additional amount for ,operation and ,maintenance1 ,marine ,corps1 #a1ajh1ffg1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,operation and maintenance1 air force ,for an additional amount for ,operation and ,maintenance1 ,air ,force1 #ah1dcb1jbj1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,operation and maintenance1 space force ,for an additional amount for ,operation and ,maintenance1 ,space ,force1 #gg1aae1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,operation and maintenance1 defense-,wide ,for an additional amount for ,operation and ,maintenance1 ,defense-,wide1 #f1jda1hih1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,operation and maintenance1 army reserve ,for an additional amount for ,operation and ,maintenance1 ,army ,reserve1 #cc1cii1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,operation and maintenance1 navy reserve ,for an additional amount for ,operation and ,maintenance1 ,navy ,reserve1 #ba1dib1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,operation and maintenance1 marine corps reserve ,for an additional amount for ,operation and ,maintenance1 ,marine ,corps ,reserve1 #h1gjg1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,operation and maintenance1 air force reserve ,for an additional amount for ,operation and ,maintenance1 ,air ,force ,reserve1 #cj1jij1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,operation and maintenance1 army national guard ,for an additional amount for ,operation and ,maintenance1 ,army ,national ,guard1 #gi1gib1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,operation and maintenance1 air national guard ,for an additional amount for ,operation and ,maintenance1 ,air ,national ,guard1 #age1fdb1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,afghanistan security forces fund ,for the ,afghanistan ,security ,forces ,fund1 #c1jdg1fab1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that such funds shall be available to the ,secretary of ,defense for the purpose of allowing the ,commander1 ,combined ,security ,transition ,command--,afghanistan1 or the ,secretary's designee1 to provide assistance1 with the concurrence of the ,secretary of ,state1 to the security forces of ,afghanistan1 including the provision of equipment1 supplies1 services1 training1 facility and infrastructure repair1 renovation1 construction1 and funding3 ,provided further1 ,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 ,acts3 ,provided further1 ,that such costs shall be limited to contract changes resulting from inflation1 market fluctuation1 rate adjustments1 and other necessary contract actions to complete existing projects1 and associated supervision and administration costs and costs for design during construction3 ,provided further1 ,that the ,secretary may not use more than #ej1jjj1jjj under the authority provided in this section3 ,provided further1 ,that the ,secretary shall notify in advance such contract changes and adjustments in annual reports to the congressional defense committees3 ,provided further1 ,that the authority to provide assistance under this heading is in addition to any other authority to provide assistance to foreign nations3 ,provided further1 ,that contributions of funds for the purposes provided herein from any person1 foreign government1 or international organization may be credited to this ,fund1 to remain available until expended1 and used for such purposes3 ,provided further1 ,that the ,secretary of ,defense shall notify the congressional defense committees in writing upon the receipt and upon the obligation of any contribution1 delineating the sources and amounts of the funds received and the specific use of such contributions3 ,provided further1 ,that the ,secretary of ,defense shall1 not fewer than #ae days prior to obligating from this appropriation account1 notify the congressional defense committees in writing of the details of any such obligation3 ,provided further1 ,that the ,secretary of ,defense shall notify the congressional defense committees of any proposed new projects or activities1 or transfer of funds between budget sub-activity groups in excess of #bj1jjj1jjj3 ,provided further1 ,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 ,states3 ,provided further1 ,that equipment procured using funds provided under this heading in this or prior ,acts1 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 ,states1 may be treated as stocks of the ,department of ,defense upon written notification to the congressional defense committees3 ,provided further1 ,that of the funds provided under this heading1 not less than #bj1jjj1jjj shall be for recruitment and retention of women in the ,afghanistan ,national ,security ,forces1 and the recruitment and training of female security personnel3 ,provided further1 ,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 ,system3 ,provided further1 ,that funds appropriated under this heading for the ,afghanistan ,security ,forces may only be obligated if the ,secretary of ,defense1 in consultation with the ,secretary of ,state1 certifies in writing to the congressional defense committees that such forces are controlled by a civilian1 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 allies3 ,provided further1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,counter-,isis train and equip fund ,for the ,counter-,islamic ,state of ,iraq and ,syria ,train and ,equip ,fund1 #gaj1jjj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that such funds shall be available to the ,secretary of ,defense in coordination with the ,secretary of ,state1 to provide assistance1 including training2 equipment2 logistics support1 supplies1 and services2 stipends2 infrastructure repair and renovation2 construction for facility fortification and humane treatment2 and sustainment1 to foreign security forces1 irregular forces1 groups1 or individuals participating1 or preparing to participate in activities to counter the ,islamic ,state of ,iraq and ,syria1 and their affiliated or associated groups3 ,provided further1 ,that amounts made available under this heading shall be available to provide assistance only for activities in a country designated by the ,secretary of ,defense1 in coordination with the ,secretary of ,state1 as having a security mission to counter the ,islamic ,state of ,iraq and ,syria1 and following written notification to the congressional defense committees of such designation3 ,provided further1 ,that the ,secretary of ,defense shall ensure that prior to providing assistance to elements of any forces or individuals1 such elements or individuals are appropriately vetted1 including at a minimum1 assessing such elements for associations with terrorist groups or groups associated with the ,government of ,iran2 and receiving commitments from such elements to promote respect for human rights and the rule of law3 ,provided further1 ,that the ,secretary of ,defense shall1 not fewer than #ae days prior to obligating from this appropriation account1 notify the congressional defense committees in writing of the details of any such obligation3 ,provided further1 ,that the ,secretary of ,defense may accept and retain contributions1 including assistance in-kind1 from foreign governments1 including the ,government of ,iraq and other entities1 to carry out assistance authorized under this heading3 ,provided further1 ,that contributions of funds for the purposes provided herein from any foreign government or other entity may be credited to this ,fund1 to remain available until expended1 and used for such purposes3 ,provided further1 ,that the ,secretary of ,defense shall prioritize such contributions when providing any assistance for construction for facility fortification3 ,provided further1 ,that the ,secretary of ,defense may waive a provision of law relating to the acquisition of items and support services or sections #dj and #dj;,a of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj and #bghe7 if the ,secretary determines that such provision of law would prohibit1 restrict1 delay or otherwise limit the provision of such assistance and a notice of and justification for such waiver is submitted to the congressional defense committees1 the ,committees on ,appropriations and ,foreign ,relations of the ,senate and the ,committees on ,appropriations and ,foreign ,affairs of the ,house of ,representatives3 ,provided further1 ,that the ,united ,states may accept equipment procured using funds provided under this heading1 or under the heading1 ,iraq ,train and ,equip ,fund in prior ,acts1 that was transferred to security forces1 irregular forces1 or groups participating1 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 ,states1 and such equipment may be treated as stocks of the ,department of ,defense upon written notification to the congressional defense committees3 ,provided further1 ,that equipment procured using funds provided under this heading1 or under the heading1 ,iraq ,train and ,equip ,fund in prior ,acts1 and not yet transferred to security forces1 irregular forces1 or groups participating1 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 committees3 ,provided further1 ,that the ,secretary of ,defense shall provide quarterly reports to the congressional defense committees on the use of funds provided under this heading1 including1 but not limited to1 the number of individuals trained1 the nature and scope of support and sustainment provided to each group or individual1 the area of operations for each group1 and the contributions of other countries1 groups1 or individuals3 ,provided further1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,procurement ,aircraft procurement1 army ,for an additional amount for ,aircraft ,procurement1 ,army1 #eie1aab1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,missile procurement1 army ,for an additional amount for ,missile ,procurement1 ,army1 #gif1eii1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,procurement of weapons and tracked combat vehicles1 army ,for an additional amount for ,procurement of ,weapons and ,tracked ,combat ,vehicles1 ,army1 #ae1bbe1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,procurement of ammunition1 army ,for an additional amount for ,procurement of ,ammunition1 ,army1 #ajc1hge1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,other procurement1 army ,for an additional amount for ,other ,procurement1 ,army1 #ibd1hbc1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,aircraft procurement1 navy ,for an additional amount for ,aircraft ,procurement1 ,navy1 #cb1ije1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,weapons procurement1 navy ,for an additional amount for ,weapons ,procurement1 ,navy1 #e1egb1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,procurement of ammunition1 navy and marine corps ,for an additional amount for ,procurement of ,ammunition1 ,navy and ,marine ,corps1 #gg1dbd1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,other procurement1 navy ,for an additional amount for ,other ,procurement1 ,navy1 #cda1fab1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,procurement1 marine corps ,for an additional amount for ,procurement1 ,marine ,corps1 #dg1ifc1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,aircraft procurement1 air force ,for an additional amount for ,aircraft ,procurement1 ,air ,force1 #ggb1gch1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,missile procurement1 air force ,for an additional amount for ,missile ,procurement1 ,air ,force1 #bbc1ggb1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,procurement of ammunition1 air force ,for an additional amount for ,procurement of ,ammunition1 ,air ,force1 #ghe1fag1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,other procurement1 air force ,for an additional amount for ,other ,procurement1 ,air ,force1 #cee1cci1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,procurement1 defense-,wide ,for an additional amount for ,procurement1 ,defense-,wide1 #cdb1acg1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,national ,,guard ,,and ,,reserve ,,equipment ,,account ,for procurement of rotary-wing aircraft2 combat1 tactical and support vehicles2 other weapons2 and other procurement items for the reserve components of the ,armed ,forces1 #iej1jjj1jjj1 to remain available for obligation until ,september #cj1 #bjbc3 ,provided1 ,that the ,chiefs of ,national ,guard and ,reserve components shall1 not later than #cj days after enactment of this ,act1 individually submit to the congressional defense committees the modernization priority assessment for their respective ,national ,guard or ,reserve component3 ,provided further1 ,that none of the funds made available by this paragraph may be used to procure manned fixed wing aircraft1 or procure or modify missiles1 munitions1 or ammunition3 ,provided further1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,research1 ,,development1 ,,test ,,and ,,evaluation ,research1 development1 test and evaluation1 army ,for an additional amount for ,research1 ,development1 ,test and ,evaluation1 ,army1 #age1hbd1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,research1 development1 test and evaluation1 navy ,for an additional amount for ,research1 ,development1 ,test and ,evaluation1 ,navy1 #ei1efb1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,research1 development1 test and evaluation1 air force ,for an additional amount for ,research1 ,development1 ,test and ,evaluation1 ,air ,force1 #e1cjd1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,research1 development1 test and evaluation1 defense-,wide ,for an additional amount for ,research1 ,development1 ,test and ,evaluation1 ,defense-,wide1 #hj1hah1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,revolving ,,and ,,management ,,funds ,defense working capital funds ,for an additional amount for ,defense ,working ,capital ,funds1 #bj1jij1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,other ,,department ,,of ,,defense ,,programs ,defense health program ,for an additional amount for ,defense ,health ,program1 #cfe1jih1jjj1 which shall be for operation and maintenance3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,office of the inspector general ,for an additional amount for the ,office of the ,inspector ,general1 #bd1jfi1jjj3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,general ,,provisions--,,this ,,title #ijja4 ,notwithstanding any other provision of law1 funds made available in this title are in addition to amounts appropriated or otherwise made available for the ,department of ,defense for fiscal year #bjba4 7,,including ,,transfer ,,of ,,funds7 #ijjb4 ,upon the determination of the ,secretary of ,defense that such action is necessary in the national interest1 the ,secretary may1 with the approval of the ,office of ,management and ,budget1 transfer up to #b1jjj1jjj1jjj between the appropriations or funds made available to the ,department of ,defense in this title3 ,provided1 ,that the ,secretary shall notify the ,congress promptly of each transfer made pursuant to the authority in this section3 ,provided further1 ,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 #hjje of this ,act4 #ijjc4 ,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 ,afghanistan1 may be obligated at the time a construction contract is awarded3 ,provided1 ,that1 for the purpose of this section1 supervision and administration costs and costs for design during construction include all in-house ,government costs4 #ijjd4 ,from funds made available in this title1 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 responsibility3 7#a7 passenger motor vehicles up to a limit of #ge1jjj per vehicle2 and 7#b7 heavy and light armored vehicles for the physical security of personnel or for force protection purposes up to a limit of #dej1jjj per vehicle1 notwithstanding price or other limitations applicable to the purchase of passenger carrying vehicles4 #ijje4 ,not to exceed #b1jjj1jjj of the amounts appropriated by this title under the heading ,operation and ,maintenance1 ,army may be used1 notwithstanding any other provision of law1 to fund the ,commanders' ,emergency ,response ,program 7,,cerp71 for the purpose of enabling military commanders in ,afghanistan to respond to urgent1 small-scale1 humanitarian relief and reconstruction requirements within their areas of responsibility3 ,provided1 ,that each project 7including any ancillary or related elements in connection with such project7 executed under this authority shall not exceed #ejj1jjj3 ,provided further1 ,that not later than #de days after the end of each #f months of the fiscal year1 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 #f-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 herein4 #ijjf4 ,funds available to the ,department of ,defense for operation and maintenance may be used1 notwithstanding any other provision of law1 to provide supplies1 services1 transportation1 including airlift and sealift1 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 ,syria3 ,provided1 ,that the ,secretary of ,defense shall provide quarterly reports to the congressional defense committees regarding support provided under this section4 #ijjg4 ,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 follows3 7#a7 ,to establish any military installation or base for the purpose of providing for the permanent stationing of ,united ,states ,armed ,forces in ,iraq4 7#b7 ,to exercise ,united ,states control over any oil resource of ,iraq or ,syria4 7#c7 ,to establish any military installation or base for the purpose of providing for the permanent stationing of ,united ,states ,armed ,forces in ,afghanistan4 #ijjh4 ,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 ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment 7done at ,new ,york on ,december #aj1 #aihd73 7#a7 ,section #bcdj;,a of title #ah1 ,united ,states ,code4 7#b7 ,section #bbdb of the ,foreign ,affairs ,reform and ,restructuring ,act of #aiih 7division ,g of ,public ,law #aje-bgg2 #aab ,stat4 #bfha-hbb2 #h ,u4,s4,c4 #abca note7 and regulations prescribed thereto1 including regulations under part #bjh of title #h1 ,code of ,federal ,regulations1 and part #ie of title #bb1 ,code of ,federal ,regulations4 7#c7 ,sections #ajjb and #ajjc of the ,department of ,defense1 ,emergency ,supplemental ,appropriations to ,address ,hurricanes in the ,gulf of ,mexico1 and ,pandemic ,influenza ,act1 #bjjf 7,public ,law #aji-adh74 #ijji4 ,none of the funds provided for the ,afghanistan ,security ,forces ,fund 7,,asff7 may be obligated prior to the approval of a financial and activity plan by the ,afghanistan ,resources ,oversight ,council 7,,aroc7 of the ,department of ,defense3 ,provided1 ,that the ,,aroc must approve the requirement and acquisition plan for any service requirements in excess of #ej1jjj1jjj annually and any non-standard equipment requirements in excess of #ajj1jjj1jjj using ,,asff3 ,provided further1 ,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 ,,asff4 #ijaj4 ,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 #bej1jjj3 ,provided1 ,that1 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 overseas1 such funds may be used to purchase items having an investment item unit cost of not more than #ejj1jjj4 #ijaa4 ,up to #ejj1jjj1jjj of funds appropriated by this ,act for the ,defense ,security ,cooperation ,agency in ,operation and ,maintenance1 ,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 borders4 #ijab4 ,none of the funds made available by this ,act under the headings ,afghanistan ,security ,forces ,fund and ,counter-,,isis ,train and ,equip ,fund1 and under the heading ,operation and ,maintenance1 ,defense-,wide for ,department of ,defense security cooperation grant programs1 may be used to procure or transfer man-portable air defense systems4 #ijac4 ,of the amounts appropriated in this title under the heading ,operation and ,maintenance1 ,defense-,wide1 for the ,defense ,security ,cooperation ,agency1 #bge1jjj1jjj1 of which #acg1ejj1jjj to remain available until ,september #cj1 #bjbb shall be for the ,ukraine ,security ,assistance ,initiative3 ,provided1 ,that such funds shall be available to the ,secretary of ,defense1 in coordination with the ,secretary of ,state1 to provide assistance1 including training2 equipment2 lethal assistance2 logistics support1 supplies and services2 sustainment2 and intelligence support to the military and national security forces of ,ukraine1 and for replacement of any weapons or articles provided to the ,government of ,ukraine from the inventory of the ,united ,states3 ,provided further1 ,that the ,secretary of ,defense shall1 not less than #ae days prior to obligating funds made available in this section1 notify the congressional defense committees in writing of the details of any such obligation3 ,provided further1 ,that the ,secretary of ,defense shall1 not more than #fj days after such notification is made1 inform such committees if such funds have not been obligated and the reasons therefor3 ,provided further1 ,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 ,states3 ,provided further1 ,that equipment procured using funds made available in this section in this or prior ,acts1 and not yet transferred to the military or ,national ,security ,forces of ,ukraine or returned by such forces to the ,united ,states1 may be treated as stocks of the ,department of ,defense upon written notification to the congressional defense committees3 ,provided further1 ,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 section4 #ijad4 ,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 #ijac of this ,act4 #ijae4 ,none of the funds made available by this ,act may be used to provide arms1 training1 or other assistance to the ,azov ,battalion4 #ijaf4 ,equipment procured using funds provided in prior ,acts under the heading ,counterterrorism ,partnerships ,fund for the program authorized by section #abji of the ,carl ,levin and ,howard ,p4 ,buck ,mc,keon ,national ,defense ,authorization ,act for ,fiscal ,year #bjae 7,public ,law #aac-bia71 and not yet transferred to authorized recipients may be transferred to foreign security forces1 irregular forces1 groups1 or individuals1 authorized to receive assistance using amounts provided under the heading ,counter-,,isis ,train and ,equip ,fund in this ,act3 ,provided1 ,that such equipment may be transferred #ae days following written notification to the congressional defense committees4 #ijag4 ,none of the funds made available by this ,act may be used with respect to ,iraq in contravention of the ,war ,powers ,resolution 7#ej ,u4,s4,c4 #aeda et seq471 including for the introduction of ,united ,states armed forces into hostilities in ,iraq1 into situations in ,iraq where imminent involvement in hostilities is clearly indicated by the circumstances1 or into ,iraqi territory1 airspace1 or waters while equipped for combat1 in contravention of the congressional consultation and reporting requirements of sections #c and #d of such ,resolution 7#ej ,u4,s4,c4 #aedb and #aedc74 #ijah4 ,none of the funds made available by this ,act may be used with respect to ,syria in contravention of the ,war ,powers ,resolution 7#ej ,u4,s4,c4 #aeda et seq471 including for the introduction of ,united ,states armed or military forces into hostilities in ,syria1 into situations in ,syria where imminent involvement in hostilities is clearly indicated by the circumstances1 or into ,syrian territory1 airspace1 or waters while equipped for combat1 in contravention of the congressional consultation and reporting requirements of sections #c and #d of that law 7#ej ,u4,s4,c4 #aedb and #aedc74 #ijai4 ,none of the funds in this ,act may be made available for the transfer of additional ,c-#acj cargo aircraft to the ,afghanistan ,national ,security ,forces or the ,afghanistan ,air ,force4 #ijbj4 ,funds made available by this ,act under the heading ,afghanistan ,security ,forces ,fund may be used to provide limited training1 equipment1 and other assistance that would otherwise be prohibited by #aj ,u4,s4,c4 #cfb to a unit of the security forces of ,afghanistan only if the ,secretary of ,defense certifies to the congressional defense committees1 within #cj days of a decision to provide such assistance1 that 7#a7 a denial of such assistance would present significant risk to ,united ,states or coalition forces or significantly undermine ,united ,states national security objectives in ,afghanistan2 and 7#b7 the ,secretary has sought a commitment by the ,government of ,afghanistan to take all necessary corrective steps3 ,provided1 ,that such certification shall be accompanied by a report describing3 7#a7 the information relating to the gross violation of human rights2 7#b7 the circumstances that necessitated the provision of such assistance2 7#c7 the ,afghan security force unit involved2 7#d7 the assistance provided and the assistance withheld2 and 7#e7 the corrective steps to be taken by the ,government of ,afghanistan3 ,provided further1 ,that every #abj days after the initial report an additional report shall be submitted detailing the status of any corrective steps taken by the ,government of ,afghanistan3 ,provided further1 ,that if the ,government of ,afghanistan has not initiated necessary corrective steps within #a year of the certification1 the authority under this section to provide assistance to such unit shall no longer apply3 ,provided further1 ,that the ,secretary shall submit a report to such committees detailing the final disposition of the case by the ,government of ,afghanistan4 #ijba4 ,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 ,afghanistan1 does not restrict the participation of women1 and is authorized by section #abah of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf- #ib74 #ijbb4 ,nothing in this ,act may be construed as authorizing the use of force against ,iran4 7,,rescissions7 #ijbc4 ,of the funds appropriated in ,department of ,defense ,appropriations ,acts1 the following funds are hereby rescinded from the following accounts and programs in the specified amounts3 ,provided1 ,that such amounts are designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe3 ,procurement of ,weapons and ,tracked ,combat ,vehicles1 ,army1 #bjai_/bjba1 #ij1jjj1jjj2 ,aircraft ,procurement1 ,air ,force1 #bjai_/bjba1 #af1djj1jjj2 ,operation and ,maintenance1 ,defense-,wide3 ,,dsca ,security ,cooperation1 #bjbj_/bjba1 #ge1jjj1jjj2 ,operation and ,maintenance1 ,defense-,wide3 ,coalition ,support ,funds1 #bjbj_/bjba1 #de1jjj1jjj2 ,afghanistan ,security ,forces ,fund1 #bjbj_/bjba1 #a1ajj1jjj1jjj2 ,counter-,,isis ,train and ,equip ,fund1 #bjbj_/bjba1 #djj1jjj1jjj2 ,procurement of ,weapons and ,tracked ,combat ,vehicles1 ,army1 #bjbj_/bjbb1 #ajj1jjj1jjj2 ,procurement of ,ammunition1 ,air ,force1 #bjbj_/bjbb1 #di1fgi1jjj2 ,research1 ,development1 ,test and ,evaluation1 ,army1 #bjbj_/bjba1 #b1hgh1jjj2 and ,research1 ,development1 ,test and ,evaluation1 ,defense-,wide1 #bjbj_/bjba1 #g1afe1jjj4 #ijbd4 ,of the amounts appropriated in this title under the heading ,operation and ,maintenance1 ,defense-,wide1 for the ,defense ,security ,cooperation ,agency1 #gec1fjc1jjj1 to remain available until ,september #cj1 #bjbb1 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 conduct1 support or facilitate counterterrorism1 crisis response1 or building partner capacity programs3 ,provided1 ,that the ,secretary of ,defense shall1 not less than #ae days prior to obligating funds made available in this section1 notify the congressional defense committees in writing of the details of any planned obligation3 ,provided further1 ,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 section4 #ijbe4 ,of the amounts appropriated in this title under the heading ,operation and ,maintenance1 ,defense-,wide1 for the ,defense ,security ,cooperation ,agency1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 shall be for payments to reimburse key cooperating nations for logistical1 military1 and other support1 including access1 provided to ,united ,states military and stability operations in ,afghanistan and to counter the ,islamic ,state of ,iraq and ,syria3 ,provided1 ,that such reimbursement payments may be made in such amounts as the ,secretary of ,defense1 with the concurrence of the ,secretary of ,state1 and in consultation with the ,director of the ,office of ,management and ,budget1 may determine1 based on documentation determined by the ,secretary of ,defense to adequately account for the support provided1 and such determination is final and conclusive upon the accounting officers of the ,united ,states1 and #ae days following written notification to the appropriate congressional committees3 ,provided further1 ,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-reimbursable basis to coalition forces supporting ,united ,states military and stability operations in ,afghanistan and to counter the ,islamic ,state of ,iraq and ,syria1 and #ae days following written notification to the appropriate congressional committees3 ,provided further1 ,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 section4 #ijbf4 ,of the amounts appropriated in this title under the heading ,operation and ,maintenance1 ,defense-,wide1 for the ,defense ,security ,cooperation ,agency1 #bej1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 shall be available to reimburse ,jordan1 ,lebanon1 ,egypt1 ,tunisia1 and ,oman under section #abbf of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7#bb ,u4,s4,c4 #baea note71 for enhanced border security1 of which not less than #aej1jjj1jjj shall be for ,jordan3 ,provided1 ,that the ,secretary of ,defense shall1 not less than #ae days prior to obligating funds made available in this section1 notify the congressional defense committees in writing of the details of any planned obligation and the nature of the expenses incurred3 ,provided further1 ,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 section4 #ijbg4 ,each amount designated in this ,act by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe shall be available 7or rescinded1 if applicable7 only if the ,president subsequently so designates all such amounts and transmits such designations to the ,congress4 #ijbh4 ,none of the funds appropriated or otherwise made available by this ,act may be used in contravention of the ,first ,amendment of the ,constitution4 ,this division may be cited as the ,department of ,defense ,appropriations ,act1 #bjba4 ,d ,energy and ,water ,development and ,related ,agencies ,appropriations ,act1 #bjba ,i ,corps of engineers--civil ,,department ,,of ,,the ,,army ,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 harbor1 flood and storm damage reduction1 shore protection1 aquatic ecosystem restoration1 and related efforts4 ,,investigations ,for expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor1 flood and storm damage reduction1 shore protection1 aquatic ecosystem restoration1 and related needs2 for surveys and detailed studies1 and plans and specifications of proposed river and harbor1 flood and storm damage reduction1 shore protection1 and aquatic ecosystem restoration projects1 and related efforts prior to construction2 for restudy of authorized projects2 and for miscellaneous investigations1 and1 when authorized by law1 surveys and detailed studies1 and plans and specifications of projects prior to construction1 #aec1jjj1jjj1 to remain available until expended3 ,provided1 ,that the ,secretary shall initiate nine new study starts during fiscal year #bjba3 ,provided further1 ,that the ,secretary shall not deviate from the new starts proposed in the work plan1 once the plan has been submitted to the ,committees on ,appropriations of both ,houses of ,congress4 ,,construction ,for expenses necessary for the construction of river and harbor1 flood and storm damage reduction1 shore protection1 aquatic ecosystem restoration1 and related projects authorized by law2 for conducting detailed studies1 and plans and specifications1 of such projects 7including those involving participation by ,states1 local governments1 or private groups7 authorized or made eligible for selection by law 7but such detailed studies1 and plans and specifications1 shall not constitute a commitment of the ,government to construction72 #b1fib1fde1jjj1 to remain available until expended2 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 #ajd-cjc2 and of which such sums as are necessary to cover #ce percent of the costs of construction1 replacement1 rehabilitation1 and expansion of inland waterways projects1 shall be derived from the ,inland ,waterways ,trust ,fund1 except as otherwise specifically provided for in law4 ,,mississippi ,,river ,,and ,,tributaries ,for expenses necessary for flood damage reduction projects and related efforts in the ,mississippi ,river alluvial valley below ,cape ,girardeau1 ,missouri1 as authorized by law1 #chj1jjj1jjj1 to remain available until expended1 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 ,fund3 ,provided1 ,that the ,secretary shall initiate one new study start in fiscal year #bjba3 ,provided further1 ,that the ,secretary shall not deviate from the work plan1 once the plan has been submitted to the ,committees on ,appropriations of both ,houses of ,congress4 ,,operation ,,and ,,maintenance ,for expenses necessary for the operation1 maintenance1 and care of existing river and harbor1 flood and storm damage reduction1 aquatic ecosystem restoration1 and related projects authorized by law2 providing security for infrastructure owned or operated by the ,corps1 including administrative buildings and laboratories2 maintaining harbor channels provided by a ,state1 municipality1 or other public agency that serve essential navigation needs of general commerce1 where authorized by law2 surveying and charting northern and northwestern lakes and connecting waters2 clearing and straightening channels2 and removing obstructions to navigation1 #c1hdi1fee1jjj1 to remain available until expended1 of which such sums as are necessary to cover the ,federal share of eligible operation and maintenance costs for coastal harbors and channels1 and for inland harbors shall be derived from the ,harbor ,maintenance ,trust ,fund2 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 #aife shall be derived from that account for resource protection1 research1 interpretation1 and maintenance activities related to resource protection in the areas at which outdoor recreation is available2 and of which such sums as become available from fees collected under section #bag of ,public ,law #ajd-cjc shall be used to cover the cost of operation and maintenance of the dredged material disposal facilities for which such fees have been collected3 ,provided1 ,that #a percent of the total amount of funds provided for each of the programs1 projects1 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 appropriate1 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 programs1 projects1 or activities4 ,,regulatory ,,program ,for expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands1 #baj1jjj1jjj1 to remain available until ,september #cj1 #bjbb4 ,,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 program1 #bej1jjj1jjj1 to remain available until expended4 ,,flood ,,control ,,and ,,coastal ,,emergencies ,for expenses necessary to prepare for flood1 hurricane1 and other natural disasters and support emergency operations1 repairs1 and other activities in response to such disasters as authorized by law1 #ce1jjj1jjj1 to remain available until expended4 ,,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 ,engineers2 and for costs of management and operation of the ,humphreys ,engineer ,center ,support ,activity1 the ,institute for ,water ,resources1 the ,united ,states ,army ,engineer ,research and ,development ,center1 and the ,united ,states ,army ,corps of ,engineers ,finance ,center allocable to the civil works program1 #bjf1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 of which not to exceed #e1jjj may be used for official reception and representation purposes and only during the current fiscal year3 ,provided1 ,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 offices3 ,provided further1 ,that any ,flood ,control and ,coastal ,emergencies appropriation may be used to fund the supervision and general administration of emergency operations1 repairs1 and other activities in response to any flood1 hurricane1 or other natural disaster4 ,,office ,,of ,,the ,,assistant ,,secretary ,,of ,,the ,,army ,,for ,,civil ,,works 7,,including ,,rescission ,,of ,,funds7 ,for the ,office of the ,assistant ,secretary of the ,army for ,civil ,works as authorized by #aj ,u4,s4,c4 #cjaf7;b77#c71 #e1jjj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that not more than #ge 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 #aja7;d7 of this ,act and a work plan that allocates at least #ie percent of the additional funding provided under each heading in this title1 as designated under such heading in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act71 to specific programs1 projects1 or activities3 ,provided further1 ,that of the unobligated balances available from amounts appropriated in prior ,acts under this heading1 #ejj1jjj is hereby rescinded3 ,provided further1 ,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 #aihe4 ,,water ,,infrastructure ,,finance ,,and ,,innovation ,,program ,,account ,for the cost of direct loans and for the cost of guaranteed loans1 as authorized by the ,water ,infrastructure ,finance and ,innovation ,act of #bjad1 #ab1jjj1jjj1 to remain available until expended1 for safety projects to maintain1 upgrade1 and repair dams identified in the ,national ,inventory of ,dams with a primary owner type of state1 local government1 public utility1 or private3 ,provided1 ,that1 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 ,government3 ,provided further1 ,that such costs1 including the cost of modifying such loans1 shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd3 ,provided further1 ,that these funds are available to subsidize gross obligations for the principal amount of direct loans1 including capitalized interest1 and total loan principal1 including capitalized interest1 any part of which is to be guaranteed1 not to exceed #iej1jjj1jjj3 ,provided further1 ,that1 within #cj days of enactment of this ,act1 the ,secretary1 in consultation with the ,office of ,management and ,budget1 shall transmit a report to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate that provides3 7#a7 an analysis of how subsidy rates will be determined for loans financed by appropriations provided under this heading in this ,act2 7#b7 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 #bjad1 including an analysis of how both sets of rates will be determined2 and 7#c7 an analysis of the process for developing draft regulations for the ,water ,infrastructure ,finance and ,innovation program1 including a crosswalk from the statutory requirements for such program1 and a timetable for publishing such regulations3 ,provided further1 ,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 #cj1 #bjbj 7#he ,,fr #ciahi7 pursuant to the fourth proviso under the heading ,water ,infrastructure ,finance and ,innovation ,program ,account in division ,d of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id73 ,provided further1 ,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 guarantee1 as applicable1 and the project comply with the criteria referenced in the previous proviso3 ,provided further1 ,that any references to the ,environmental ,protection ,agency 7,,epa7 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 ,army1 respectively1 for purposes of the direct loans or loan guarantee authority made available under this heading3 ,provided further1 ,that1 for the purposes of carrying out the ,congressional ,budget ,act of #aigd1 the ,director of the ,congressional ,budget ,office may request1 and the ,secretary shall promptly provide1 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 ,program1 including with respect to a project that was initiated or completed before the date of enactment of this ,act4 ,in addition1 fees authorized to be collected pursuant to sections #ejbi and #ejcj of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad shall be deposited in this account1 to remain available until expended4 ,in addition1 for administrative expenses to carry out the direct and guaranteed loan programs1 #b1bjj1jjj1 to remain available until ,september #cj1 #bjbb4 ,,general ,,provisions--,,corps ,,of ,,engineers--,,civil 7,,including ,,transfer ,,of ,,funds7 #aja4 7a7 ,none of the funds provided in title ,i of this ,act1 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 #bjba1 shall be available for obligation or expenditure through a reprogramming of funds that3 7#a7 creates or initiates a new program1 project1 or activity2 7#b7 eliminates a program1 project1 or activity2 7#c7 increases funds or personnel for any program1 project1 or activity for which funds have been denied or restricted by this ,act1 unless prior approval is received from the ,committees on ,appropriations of both ,houses of ,congress2 7#d7 proposes to use funds directed for a specific activity for a different purpose1 unless prior approval is received from the ,committees on ,appropriations of both ,houses of ,congress2 7#e7 augments or reduces existing programs1 projects1 or activities in excess of the amounts contained in paragraphs 7#f7 through 7#aj71 unless prior approval is received from the ,committees on ,appropriations of both ,houses of ,congress2 7#f7 ,investigations ,for a base level over #ajj1jjj1 reprogramming of #be percent of the base amount up to a limit of #aej1jjj per project1 study or activity is allowed3 ,provided1 ,that for a base level less than #ajj1jjj1 the reprogramming limit is #be1jjj3 ,provided further1 ,that up to #be1jjj may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses2 7#g7 ,construction ,for a base level over #b1jjj1jjj1 reprogramming of #ae percent of the base amount up to a limit of #c1jjj1jjj per project1 study or activity is allowed3 ,provided1 ,that for a base level less than #b1jjj1jjj1 the reprogramming limit is #cjj1jjj3 ,provided further1 ,that up to #c1jjj1jjj may be reprogrammed for settled contractor claims1 changed conditions1 or real estate deficiency judgments3 ,provided further1 ,that up to #cjj1jjj may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses2 7#h7 ,operation and maintenance ,unlimited reprogramming authority is granted for the ,corps to be able to respond to emergencies3 ,provided1 ,that the ,chief of ,engineers shall notify the ,committees on ,appropriations of both ,houses of ,congress of these emergency actions as soon thereafter as practicable3 ,provided further1 ,that for a base level over #a1jjj1jjj1 reprogramming of #ae percent of the base amount up to a limit of #e1jjj1jjj per project1 study1 or activity is allowed3 ,provided further1 ,that for a base level less than #a1jjj1jjj1 the reprogramming limit is #aej1jjj3 ,provided further1 ,that #aej1jjj may be reprogrammed into any continuing study or activity that did not receive an appropriation2 7#i7 ,mississippi river and tributaries ,the reprogramming guidelines in paragraphs 7#f71 7#g71 and 7#h7 shall apply to the ,investigations1 ,construction1 and ,operation and ,maintenance portions of the ,mississippi ,river and ,tributaries ,account1 respectively2 and 7#aj7 ,formerly utilized sites remedial action program ,reprogramming of up to #ae percent of the base of the receiving project is permitted4 7b7 ,de minimus reprogrammings ,in no case should a reprogramming for less than #ej1jjj be submitted to the ,committees on ,appropriations of both ,houses of ,congress4 7c7 ,continuing authorities program ,subsection 7a77#a7 shall not apply to any project or activity funded under the continuing authorities program4 7d7 ,not later than #fj days after the date of enactment of this ,act1 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 include3 7#a7 ,a table for each appropriation with a separate column to display the ,president's budget request1 adjustments made by ,congress1 adjustments due to enacted rescissions1 if applicable1 and the fiscal year enacted level2 and 7#b7 ,a delineation in the table for each appropriation both by object class and program1 project and activity as detailed in the budget appendix for the respective appropriations2 and 7#c7 ,an identification of items of special congressional interest4 #ajb4 ,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 #d 7in the matter preceding division ,a of this consolidated ,act71 including the determination and designation of new starts4 #ajc4 ,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 program1 project1 or activity that remain unobligated1 except that such amounts may include any funds that have been made available through reprogramming pursuant to section #aja4 #ajd4 ,the ,secretary of the ,army may transfer to the ,fish and ,wildlife ,service1 and the ,fish and ,wildlife ,service may accept and expend1 up to #e1djj1jjj of funds provided in this title under the heading ,operation and ,maintenance to mitigate for fisheries lost due to ,corps of ,engineers projects4 #aje4 ,none of the funds in this ,act shall be used for an open lake placement alternative for dredged material1 after evaluating the least costly1 environmentally acceptable manner for the disposal or management of dredged material originating from ,lake ,erie or tributaries thereto1 unless it is approved under a ,state water quality certification pursuant to section #dja of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acda73 ,provided1 ,that until an open lake placement alternative for dredged material is approved under a ,state water quality certification1 the ,corps of ,engineers shall continue upland placement of such dredged material consistent with the requirements of section #aja of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbaa74 #ajf4 ,none of the funds made available by this ,act or any other ,act may be used to reorganize or to transfer the ,civil ,works functions or authority of the ,corps of ,engineers or the ,secretary of the ,army to another department or agency4 #ajg4 ,additional funding provided in this ,act shall be allocated only to projects determined to be eligible by the ,chief of ,engineers4 #ajh4 ,none of the funds made available by this ,act may be used to carry out any water supply reallocation study under the ,wolf ,creek ,dam1 ,lake ,cumberland1 ,kentucky1 project authorized under the ,act of ,july #bd1 #aidf 7#fj ,stat4 #fcf1 ch4 #eie74 #aji4 7a7 ,when allocating the additional funding provided in this title under the headings ,construction and ,mississippi ,river and ,tributaries1 the ,secretary shall initiate a total of seven new construction starts during fiscal year #bjba4 7b7 ,for new construction projects1 project cost sharing agreements shall be executed as soon as practicable but no later than ,december #ca1 #bjba4 7c7 ,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 projects4 7d7 ,the ,secretary shall not deviate from the new starts proposed in the work plan1 once the plan has been submitted to the ,committees on ,appropriations of both ,houses of ,congress4 ,,ii ,,department ,,of ,,the ,,interior ,central utah project ,,central ,,utah ,,project ,,completion ,,account ,for carrying out activities authorized by the ,central ,utah ,project ,completion ,act1 #ba1jjj1jjj1 to remain available until expended1 of which #a1hjj1jjj shall be deposited into the ,utah ,reclamation ,mitigation and ,conservation ,account for use by the ,utah ,reclamation ,mitigation and ,conservation ,commission3 ,provided1 ,that of the amount provided under this heading1 #a1ejj1jjj shall be available until ,september #cj1 #bjbb1 for expenses necessary in carrying out related responsibilities of the ,secretary of the ,interior3 ,provided further1 ,that for fiscal year #bjba1 of the amount made available to the ,commission under this ,act or any other ,act1 the ,commission may use an amount not to exceed #a1ejj1jjj for administrative expenses4 ,bureau of reclamation ,the following appropriations shall be expended to execute authorized functions of the ,bureau of ,reclamation3 ,,water ,,and ,,related ,,resources 7,,including ,,transfers ,,of ,,funds7 ,for management1 development1 and restoration of water and related natural resources and for related activities1 including the operation1 maintenance1 and rehabilitation of reclamation and other facilities1 participation in fulfilling related ,federal responsibilities to ,native ,americans1 and related grants to1 and cooperative and other agreements with1 ,state and local governments1 federally recognized ,indian ,tribes1 and others1 #a1eba1abe1jjj1 to remain available until expended1 of which #eh1dgf1jjj shall be available for transfer to the ,upper ,colorado ,river ,basin ,fund and #e1ehd1jjj shall be available for transfer to the ,lower ,colorado ,river ,basin ,development ,fund2 of which such amounts as may be necessary may be advanced to the ,colorado ,river ,dam ,fund3 ,provided1 ,that #be1hhb1jjj shall be available for transfer into the ,blackfeet ,water ,settlement ,implementation ,fund established by section #cgag of ,public ,law #aad-cbb3 ,provided further1 ,that such transfers may be increased or decreased within the overall appropriation under this heading3 ,provided further1 ,that of the total appropriated1 the amount for program activities that can be financed by the ,reclamation ,fund or the ,bureau of ,reclamation special fee account established by #af ,u4,s4,c4 #fhjf shall be derived from that ,fund or account3 ,provided further1 ,that funds contributed under #dc ,u4,s4,c4 #cie are available until expended for the purposes for which the funds were contributed3 ,provided further1 ,that funds advanced under #dc ,u4,s4,c4 #cig;a shall be credited to this account and are available until expended for the same purposes as the sums appropriated under this heading3 ,provided further1 ,that of the amounts provided herein1 funds may be used for high-priority projects which shall be carried out by the ,youth ,conservation ,corps1 as authorized by #af ,u4,s4,c4 #agjf3 ,provided further1 ,that within available funds1 #bej1jjj shall be for grants and financial assistance for educational activities3 ,provided further1 ,that in accordance with section #djjg of ,public ,law #aad-cbb1 funding provided for such purpose in fiscal years #bjag1 #bjah1 #bjai1 and #bjbj shall be made available for the construction1 pre-construction1 or study of the ,friant-,kern ,canal ,capacity ,correction ,resulting from ,subsidence1 the ,boise ,river ,basin--,anderson ,ranch ,dam ,raise1 the ,north-of-the-,delta ,off ,stream ,storage 7,sites ,reservoir ,project71 the ,los ,vaqueros ,reservoir ,phase #b ,expansion ,project1 and the ,cle ,elum ,pool ,raise 7,yakima71 as recommended by the ,secretary in the letters dated ,june #bb1 #bjbj1 and ,december #c1 #bjbj1 inclusive2 the ,delta ,mendota ,canal ,subsidence ,correction1 the ,del ,puerto ,water ,district1 the ,san ,luis ,low ,point ,improvement ,project1 and the ,sacramento ,regional ,water ,bank1 as recommended by the ,secretary in the letter dated ,june #bb1 #bjbj3 ,provided further1 ,that in accordance with section #djji7;c7 of ,public ,law #aad-cbb1 and as recommended by the ,secretary in a letter dated ,december #c1 #bjbj1 funding provided for such purpose in fiscal years #bjai and #bjbj shall be made available to the ,el ,paso ,aquifer ,storage and ,recovery ,using ,reclaimed ,water ,project1 the ,pure ,water ,monterey3 ,a ,groundwater ,replenishment ,project1 the ,pure ,water ,soquel3 ,groundwater ,replenishment and ,seawater ,intrusion ,prevention ,project1 the ,magna ,water ,district ,water ,reclamation and ,reuse ,project1 the ,pure ,water ,oceanside3 ,mission ,basin ,groundwater ,purification ,facility ,project1 the ,groundwater ,reliability ,improvement ,program ,recycled ,water ,project1 and the ,palmdale ,regional ,groundwater ,recharge and ,recovery ,project3 ,provided further1 ,that in accordance with section #djji7;a7 of ,public ,law #aad-cbb1 and as recommended by the ,secretary in a letter dated ,december #c1 #bjbj1 funding provided for such purpose in fiscal years #bjai and #bjbj shall be made available to the ,doheny ,ocean ,desalination ,project1 the ,north ,pleasant ,valley ,desalter ,facility1 and the ,energy-,efficient ,brackish ,groundwater ,desalination ,project4 ,,central ,,valley ,,project ,,restoration ,,fund ,for carrying out the programs1 projects1 plans1 habitat restoration1 improvement1 and acquisition provisions of the ,central ,valley ,project ,improvement ,act1 #ee1hge1jjj1 to be derived from such sums as may be collected in the ,central ,valley ,project ,restoration ,fund pursuant to sections #cdjg7;d71 #cdjd7;c77#c71 and #cdje7;f7 of ,public ,law #ajb-ege1 to remain available until expended3 ,provided1 ,that the ,bureau of ,reclamation is directed to assess and collect the full amount of the additional mitigation and restoration payments authorized by section #cdjg7;d7 of ,public ,law #ajb-ege3 ,provided further1 ,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 order4 ,,california ,,bay-,,delta ,,restoration 7,,including ,,transfers ,,of ,,funds7 ,for carrying out activities authorized by the ,water ,supply1 ,reliability1 and ,environmental ,improvement ,act1 consistent with plans to be approved by the ,secretary of the ,interior1 #cc1jjj1jjj1 to remain available until expended1 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 purposes3 ,provided1 ,that funds appropriated herein may be used for the ,federal share of the costs of ,,calfed ,program management3 ,provided further1 ,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 ,program4 ,,policy ,,and ,,administration ,for expenses necessary for policy1 administration1 and related functions in the ,office of the ,commissioner1 the ,denver office1 and offices in the six regions of the ,bureau of ,reclamation1 to remain available until ,september #cj1 #bjbb1 #fj1jjj1jjj1 to be derived from the ,reclamation ,fund and be nonreimbursable as provided in #dc ,u4,s4,c4 #cgg3 ,provided1 ,that no part of any other appropriation in this ,act shall be available for activities or functions budgeted as policy and administration expenses4 ,,administrative ,,provision ,appropriations for the ,bureau of ,reclamation shall be available for purchase of not to exceed five passenger motor vehicles1 which are for replacement only4 ,,general ,,provisions--,,department ,,of ,,the ,,interior #bja4 7a7 ,none of the funds provided in title ,,ii of this ,act for ,water and ,related ,resources1 or provided by previous or subsequent appropriations ,acts to the agencies or entities funded in title ,,ii of this ,act for ,water and ,related ,resources that remain available for obligation or expenditure in fiscal year #bjba1 shall be available for obligation or expenditure through a reprogramming of funds that-- 7#a7 initiates or creates a new program1 project1 or activity2 7#b7 eliminates a program1 project1 or activity2 7#c7 increases funds for any program1 project1 or activity for which funds have been denied or restricted by this ,act1 unless prior approval is received from the ,committees on ,appropriations of both ,houses of ,congress2 7#d7 restarts or resumes any program1 project or activity for which funds are not provided in this ,act1 unless prior approval is received from the ,committees on ,appropriations of both ,houses of ,congress2 7#e7 transfers funds in excess of the following limits1 unless prior approval is received from the ,committees on ,appropriations of both ,houses of ,congress3 7,a7 #ae percent for any program1 project or activity for which #b1jjj1jjj or more is available at the beginning of the fiscal year2 or 7,b7 #djj1jjj for any program1 project or activity for which less than #b1jjj1jjj is available at the beginning of the fiscal year2 7#f7 transfers more than #ejj1jjj from either the ,facilities ,operation1 ,maintenance1 and ,rehabilitation category or the ,resources ,management and ,development category to any program1 project1 or activity in the other category1 unless prior approval is received from the ,committees on ,appropriations of both ,houses of ,congress2 or 7#g7 transfers1 where necessary to discharge legal obligations of the ,bureau of ,reclamation1 more than #e1jjj1jjj to provide adequate funds for settled contractor claims1 increased contractor earnings due to accelerated rates of operations1 and real estate deficiency judgments1 unless prior approval is received from the ,committees on ,appropriations of both ,houses of ,congress4 7b7 ,subsection 7a77#e7 shall not apply to any transfer of funds within the ,facilities ,operation1 ,maintenance1 and ,rehabilitation category4 7c7 ,for purposes of this section1 the term transfer means any movement of funds into or out of a program1 project1 or activity4 7d7 ,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 programs1 projects1 activities1 or categories of funding4 ,the first quarterly report shall be submitted not later than #fj days after the date of enactment of this ,act4 #bjb4 7a7 ,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 plan1 which shall conform to the water quality standards of the ,state of ,california as approved by the ,administrator of the ,environmental ,protection ,agency1 to minimize any detrimental effect of the ,san ,luis drainage waters4 7b7 ,the costs of the ,kesterson ,reservoir ,cleanup ,program and the costs of the ,san ,joaquin ,valley ,drainage ,program shall 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 ,report1 ,kesterson ,reservoir ,cleanup ,program and ,san ,joaquin ,valley ,drainage ,program1 ,february #aiie1 prepared by the ,department of the ,interior1 ,bureau of ,reclamation4 ,any future obligations of funds by the ,united ,states relating to1 or providing for1 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 law4 #bjc4 ,section #iejd7;e7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7;e77 is amended by striking #ecj1jjj1jjj and inserting #faj1jjj1jjj4 #bjd4 ,title ,i of ,public ,law #ajh-cfa 7the ,,calfed ,bay-,delta ,authorization ,act7 7#aah ,stat4 #afha71 as amended by section #djjg7k7 of ,public ,law #aad-cbb1 is amended by striking #bjbj each place it appears and inserting #bjba4 #bje4 ,section #iajf7;g77#b7 of ,public ,law #aaa-aa 7,omnibus ,public ,land ,management ,act of #bjji7 is amended by striking #bjbj and inserting #bjba4 #bjf4 ,section #fjjb7;g77#d7 of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa7 is amended by striking #bjbj and inserting #bjba4 #bjg4 7a7 ,section #ajd7;c7 of the ,reclamation ,states ,emergency ,drought ,relief ,act of #aiia 7#dc ,u4,s4,c4 #bbad7;c77 is amended by striking#bjbj and inserting #bjba4 7b7 ,section #cja of the ,reclamation ,states ,emergency ,drought ,relief ,act of #aiia 7#dc ,u4,s4,c4 #bbda7 is amended by striking #bjbj and inserting #bjba4 #bjh4 ,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 ,act1 #bjbj and prior to enactment of this ,act by the ,secretary of the ,interior and transmitted to the appropriate committees of ,congress pursuant to section #djjg1 section #djji7;a71 or section #djji7;c7 of the ,water ,infrastructure ,improvements for the ,nation ,act 7,public ,law #aad-cbb7 if such project is not named in this ,act4 ,,iii ,department of energy ,energy programs ,energy ,efficiency and ,renewable ,energy 7,including rescissions of funds7 ,for ,department of ,energy expenses including the purchase1 construction1 and acquisition of plant and capital equipment1 and other expenses necessary for energy efficiency and renewable energy activities in carrying out the purposes of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaja et seq471 including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition1 construction1 or expansion1 #b1hfd1jjj1bic1 to remain available until expended3 ,provided1 ,that of such amount1 #afe1jjj1jjj shall be available until ,september #cj1 #bjbb1 for program direction3 ,provided further1 ,that of the unobligated balances available from amounts appropriated in ,public ,law #aaa-h under this heading1 #hjf1hca is hereby rescinded3 ,provided further1 ,that of the unobligated balances available from amounts appropriated in ,public ,law #aaa-he under this heading1 #a1dcc1dfb is hereby rescinded3 ,provided further1 ,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 #aihe4 ,cybersecurity1 energy security1 and emergency response ,for ,department of ,energy expenses including the purchase1 construction1 and acquisition of plant and capital equipment1 and other expenses necessary for energy sector cybersecurity1 energy security1 and emergency response activities in carrying out the purposes of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaja et seq471 including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition1 construction1 or expansion1 #aef1jjj1jjj1 to remain available until expended3 ,provided1 ,that of such amount1 #ab1jjj1jjj shall be available until ,september #cj1 #bjbb1 for program direction4 electricity ,for ,department of ,energy expenses including the purchase1 construction1 and acquisition of plant and capital equipment1 and other expenses necessary for electricity activities in carrying out the purposes of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaja et seq471 including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition1 construction1 or expansion1 #baa1gbj1jjj1 to remain available until expended3 ,provided1 ,that of such amount1 #ah1jjj1jjj shall be available until ,september #cj1 #bjbb1 for program direction4 ,nuclear energy ,for ,department of ,energy expenses including the purchase1 construction1 and acquisition of plant and capital equipment1 and other expenses necessary for nuclear energy activities in carrying out the purposes of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaja et seq471 including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition1 construction1 or expansion1 #a1ejg1fjj1jjj1 to remain available until expended3 ,provided1 ,that of such amount1 #ge1aca1jjj shall be available until ,september #cj1 #bjbb1 for program direction4 ,fossil energy research and development ,for ,department of ,energy expenses necessary in carrying out fossil energy research and development activities1 under the authority of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaja et seq471 including the acquisition of interest1 including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion1 and for conducting inquiries1 technological investigations and research concerning the extraction1 processing1 use1 and disposal of mineral substances without objectionable social and environmental costs 7#cj ,u4,s4,c4 #c1 #afjb1 and #afjc71 #gej1jjj1jjj1 to remain available until expended3 ,provided1 ,that of such amount #fa1ejj1jjj shall be available until ,september #cj1 #bjbb1 for program direction4 ,naval petroleum and oil shale reserves ,for ,department of ,energy expenses necessary to carry out naval petroleum and oil shale reserve activities1 #ac1jjf1jjj1 to remain available until expended3 ,provided1 ,that notwithstanding any other provision of law1 unobligated funds remaining from prior years shall be available for all naval petroleum and oil shale reserve activities4 ,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 7#db ,u4,s4,c4 #fbja et seq471 #ahh1jjj1jjj1 to remain available until expended4 ,,spr ,petroleum account ,for the acquisition1 transportation1 and injection of petroleum products1 and for other necessary expenses pursuant to the ,energy ,policy and ,conservation ,act of #aige1 as amended 7#db ,u4,s4,c4 #fbja et seq471 sections #djc and #djd of the ,bipartisan ,budget ,act of #bjae 7#db ,u4,s4,c4 #fbda1 #fbci note71 and section #ejaj of the #bast ,century ,cures ,act 7,public ,law #aad-bee71 #a1jjj1jjj1 to remain available until expended4 ,northeast home heating oil reserve ,for ,department of ,energy expenses necessary for ,northeast ,home ,heating ,oil ,reserve storage1 operation1 and management activities pursuant to the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbja et seq471 #f1ejj1jjj1 to remain available until expended4 ,energy information administration ,for ,department of ,energy expenses necessary in carrying out the activities of the ,energy ,information ,administration1 #abf1hjj1jjj1 to remain available until expended4 ,non-defense environmental cleanup ,for ,department of ,energy expenses1 including the purchase1 construction1 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 7#db ,u4,s4,c4 #gaja et seq471 including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition1 construction1 or expansion1 #cai1bjj1jjj1 to remain available until expended3 ,provided1 ,that1 in addition1 fees collected pursuant to subsection 7b77#a7 of section #fici;f of title #db1 ,united ,states ,code1 and deposited under this heading in fiscal year #bjba pursuant to section #cji of title ,,iii of division ,c of ,public ,law #aaf-id are appropriated1 to remain available until expended1 for mercury storage costs4 ,uranium enrichment decontamination and decommissioning fund ,for ,department of ,energy expenses necessary in carrying out uranium enrichment facility decontamination and decommissioning1 remedial actions1 and other activities of title ,,ii of the ,atomic ,energy ,act of #aied1 and title ,x1 subtitle ,a1 of the ,energy ,policy ,act of #aiib1 #hda1jjj1jjj1 to be derived from the ,uranium ,enrichment ,decontamination and ,decommissioning ,fund1 to remain available until expended1 of which #e1jjj1jjj shall be available in accordance with title ,x1 subtitle ,a1 of the ,energy ,policy ,act of #aiib4 science ,for ,department of ,energy expenses including the purchase1 construction1 and acquisition of plant and capital equipment1 and other expenses necessary for science activities in carrying out the purposes of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaja et seq471 including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition1 construction1 or expansion1 and purchase of not more than #ce passenger motor vehicles for replacement only1 #g1jbf1jjj1jjj1 to remain available until expended3 ,provided1 ,that of such amount1 #aib1jjj1jjj shall be available until ,september #cj1 #bjbb1 for program direction3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #b1cjj1jjj1jjj is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,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 #aihb1 ,public ,law #ig-dbe1 as amended1 including interim storage activities1 #bg1ejj1jjj1 to remain available until expended1 of which #g1ejj1jjj shall be derived from the ,nuclear ,waste ,fund4 ,advanced research projects agency--energy ,for ,department of ,energy expenses necessary in carrying out the activities authorized by section #ejab of the ,america ,,competes ,act 7,public ,law #aaj-fi71 #dbg1jjj1jjj1 to remain available until expended3 ,provided1 ,that of such amount1 #ce1jjj1jjj shall be available until ,september #cj1 #bjbb1 for program direction4 ,title #ag innovative technology loan guarantee program 7,,including ,,rescission ,,of ,,funds7 ,such sums as are derived from amounts received from borrowers pursuant to section #agjb7;b7 of the ,energy ,policy ,act of #bjje under this heading in prior ,acts1 shall be collected in accordance with section #ejb7g7 of the ,congressional ,budget ,act of #aigd3 ,provided1 ,that for necessary administrative expenses of the ,title #ag ,innovative ,technology ,loan ,guarantee ,program1 as authorized1 #cb1jjj1jjj is appropriated1 to remain available until ,september #cj1 #bjbb3 ,provided further1 ,that up to #cb1jjj1jjj of fees collected in fiscal year #bjba pursuant to section #agjb7;h7 of the ,energy ,policy ,act of #bjje shall be credited as offsetting collections under this heading and used for necessary administrative expenses in this appropriation and shall remain available until ,september #cj1 #bjbb3 ,provided further1 ,that to the extent that fees collected in fiscal year #bjba exceed #cb1jjj1jjj1 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 ,acts3 ,provided further1 ,that the sum herein appropriated from the general fund shall be reduced 7#a7 as such fees are received during fiscal year #bjba 7estimated at #c1jjj1jjj7 and 7#b7 to the extent that any remaining general fund appropriations can be derived from fees collected in previous fiscal years that are not otherwise appropriated1 so as to result in a final fiscal year #bjba appropriation from the general fund estimated at #j3 ,provided further1 ,that the ,department of ,energy shall not subordinate any loan obligation to other financing in violation of section #agjb of the ,energy ,policy ,act of #bjje or subordinate any ,guaranteed ,obligation to any loan or other debt obligations in violation of section #fji4aj of title #aj1 ,code of ,federal ,regulations3 ,provided further1 ,that1 of the unobligated balances available under the heading ,department of ,energy--,energy ,programs--,title #ag--;,innovative ,technology ,loan ,guarantee ,program in the ,american ,recovery and ,reinvestment ,act of #bjji 7,public ,law #aaa-e7 for the cost of guaranteed loans authorized by section #agje of the ,energy ,policy ,act of #bjje1 #cib1jjj1jjj are hereby rescinded3 ,provided further1 ,that the amounts rescinded pursuant to the preceding proviso that were previously designated by the ,congress as an emergency requirement pursuant to section #bjd7;a7 of ,s4 ,con4 ,res4 #ba 7#aajth ,congress7 and section #cja7;b77#b7 of ,s4 ,con4 ,res4 #gj 7#aajth ,congress71 the concurrent resolutions on the budget for fiscal years #bjjh and #bjji1 are designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,advanced technology vehicles manufacturing loan program 7,,including ,,rescission ,,of ,,funds7 ,for ,department of ,energy administrative expenses necessary in carrying out the ,advanced ,technology ,vehicles ,manufacturing ,loan ,program1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that1 of the unobligated balances available from amounts appropriated for the costs of direct loans in section #abi of division ,a of the ,consolidated ,security1 ,disaster ,assistance1 and ,continuing ,appropriations ,act1 #bjji 7,public ,law #aaj-cbi71 #a1ijh1jjj1jjj are hereby rescinded3 ,provided further1 ,that the amounts rescinded pursuant to the preceding proviso that were previously designated by the ,congress as an emergency requirement pursuant to section #bjd7;a7 of ,s4 ,con4 ,res4 #ba 7#aajth ,congress7 and section #cja7;b77#b7 of ,s4 ,con4 ,res4 #gj 7#aajth ,congress71 the concurrent resolutions on the budget for fiscal years #bjjh and #bjji1 are designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,tribal energy loan guarantee program ,for ,department of ,energy administrative expenses necessary in carrying out the ,tribal ,energy ,loan ,guarantee ,program1 #b1jjj1jjj1 to remain available until ,september #cj1 #bjbb4 ,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 7#db ,u4,s4,c4 #gaja et seq471 #bb1jjj1jjj1 to remain available until expended3 ,provided1 ,that1 of the amount appropriated under this heading1 #e1jjj1jjj shall be available until ,september #cj1 #bjbb1 for program direction4 ,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 7#db ,u4,s4,c4 #gaja et seq471 #bei1cgh1jjj1 to remain available until ,september #cj1 #bjbb1 including the hire of passenger motor vehicles and official reception and representation expenses not to exceed #cj1jjj1 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 7#ca ,u4,s4,c4 #aeaa et seq473 ,provided1 ,that such increases in cost of work are offset by revenue increases of the same or greater amount3 ,provided further1 ,that moneys received by the ,department for miscellaneous revenues estimated to total #ic1cgh1jjj in fiscal year #bjba may be retained and used for operating expenses within this account1 as authorized by section #bja of ,public ,law #ie-bch1 notwithstanding the provisions of #ca ,u4,s4,c4 #ccjb3 ,provided further1 ,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 #bjba appropriation from the general fund estimated at not more than #aff1jjj1jjj4 ,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 #aigh1 #eg1gci1jjj1 to remain available until ,september #cj1 #bjbb4 ,,atomic ,,energy ,,defense ,,activities ,,national ,,nuclear ,,security ,,administration ,weapons activities ,for ,department of ,energy expenses1 including the purchase1 construction1 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 7#db ,u4,s4,c4 #gaja et seq471 including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition1 construction1 or expansion1 and the purchase of not to exceed one aircraft1 one ambulance1 and two passenger buses1 for replacement only1 #ae1cde1jjj1jjj1 to remain available until expended3 ,provided1 ,that of such amount1 #ge1jjj1jjj shall be available for the ,uranium ,reserve ,program3 ,provided further1 ,that of such amount1 #abc1fhd1jjj shall be available until ,september #cj1 #bjbb1 for program direction4 ,defense nuclear nonproliferation ,for ,department of ,energy expenses1 including the purchase1 construction1 and acquisition of plant and capital equipment and other incidental expenses necessary for defense nuclear nonproliferation activities1 in carrying out the purposes of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaja et seq471 including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition1 construction1 or expansion1 #b1bfj1jjj1jjj1 to remain available until expended4 ,naval reactors 7,,including ,,transfer ,,of ,,funds7 ,for ,department of ,energy expenses necessary for naval reactors activities to carry out the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaja et seq471 including the acquisition 7by purchase1 condemnation1 construction1 or otherwise7 of real property1 plant1 and capital equipment1 facilities1 and facility expansion1 #a1fhd1jjj1jjj1 to remain available until expended1 of which1 #ia1jjj1jjj shall be transferred to ,department of ,energy--,energy ,programs--,nuclear ,energy1 for the ,advanced ,test ,reactor3 ,provided1 ,that of such amount1 #ea1gjj1jjj shall be available until ,september #cj1 #bjbb1 for program direction4 ,federal salaries and expenses ,for expenses necessary for ,federal ,salaries and ,expenses in the ,national ,nuclear ,security ,administration1 #ddc1bjj1jjj1 to remain available until ,september #cj1 #bjbb1 including official reception and representation expenses not to exceed #ag1jjj4 ,,environmental ,,and ,,other ,,defense ,,activities ,defense environmental cleanup ,for ,department of ,energy expenses1 including the purchase1 construction1 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 7#db ,u4,s4,c4 #gaja et seq471 including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition1 construction1 or expansion1 and the purchase of not to exceed #a passenger minivan for replacement only1 #f1dbf1jjj1jjj1 to remain available until expended3 ,provided1 ,that of such amount1 #bhi1jjj1jjj shall be available until ,september #cj1 #bjbb1 for program direction4 ,other defense activities ,for ,department of ,energy expenses1 including the purchase1 construction1 and acquisition of plant and capital equipment and other expenses1 necessary for atomic energy defense1 other defense activities1 and classified activities1 in carrying out the purposes of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaja et seq471 including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition1 construction1 or expansion1 #ibj1jjj1jjj1 to remain available until expended3 ,provided1 ,that of such amount1 #ccd1idh1jjj shall be available until ,september #cj1 #bjbb1 for program direction4 ,,power ,,marketing ,,administrations ,bonneville power administration fund ,expenditures from the ,bonneville ,power ,administration ,fund1 established pursuant to ,public ,law #ic-ded1 are approved for official reception and representation expenses in an amount not to exceed #e1jjj3 ,provided1 ,that during fiscal year #bjba1 no new direct loan obligations may be made4 ,operation and maintenance1 southeastern power administration ,for expenses necessary for operation and maintenance of power transmission facilities and for marketing electric power and energy1 including transmission wheeling and ancillary services1 pursuant to section #e of the ,flood ,control ,act of #aidd 7#af ,u4,s4,c4 #hbes71 as applied to the southeastern power area1 #g1bdf1jjj1 including official reception and representation expenses in an amount not to exceed #a1ejj1 to remain available until expended3 ,provided1 ,that notwithstanding #ca ,u4,s4,c4 #ccjb and section #e of the ,flood ,control ,act of #aidd1 up to #g1bdf1jjj collected by the ,southeastern ,power ,administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections1 to remain available until expended for the sole purpose of funding the annual expenses of the ,southeastern ,power ,administration3 ,provided further1 ,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 #bjba appropriation estimated at not more than #j3 ,provided further1 ,that notwithstanding #ca ,u4,s4,c4 #ccjb1 up to #eb1jjj1jjj collected by the ,southeastern ,power ,administration pursuant to the ,flood ,control ,act of #aidd to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections1 to remain available until expended for the sole purpose of making purchase power and wheeling expenditures3 ,provided further1 ,that for purposes of this appropriation1 annual expenses means expenditures that are generally recovered in the same year that they are incurred 7excluding purchase power and wheeling expenses74 ,operation and maintenance1 southwestern power administration ,for expenses necessary for operation and maintenance of power transmission facilities and for marketing electric power and energy1 for construction and acquisition of transmission lines1 substations and appurtenant facilities1 and for administrative expenses1 including official reception and representation expenses in an amount not to exceed #a1ejj in carrying out section #e of the ,flood ,control ,act of #aidd 7#af ,u4,s4,c4 #hbes71 as applied to the ,southwestern ,power ,administration1 #dg1edj1jjj1 to remain available until expended3 ,provided1 ,that notwithstanding #ca ,u4,s4,c4 #ccjb and section #e of the ,flood ,control ,act of #aidd 7#af ,u4,s4,c4 #hbes71 up to #cg1adj1jjj collected by the ,southwestern ,power ,administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections1 to remain available until expended1 for the sole purpose of funding the annual expenses of the ,southwestern ,power ,administration3 ,provided further1 ,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 #bjba appropriation estimated at not more than #aj1djj1jjj3 ,provided further1 ,that notwithstanding #ca ,u4,s4,c4 #ccjb1 up to #cd1jjj1jjj collected by the ,southwestern ,power ,administration pursuant to the ,flood ,control ,act of #aidd to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections1 to remain available until expended for the sole purpose of making purchase power and wheeling expenditures3 ,provided further1 ,that for purposes of this appropriation1 annual expenses means expenditures that are generally recovered in the same year that they are incurred 7excluding purchase power and wheeling expenses74 ,construction1 rehabilitation1 operation and maintenance1 western area power administration ,for carrying out the functions authorized by title ,,iii1 section #cjb7;a77#a77;,e7 of the ,act of ,august #d1 #aigg 7#db ,u4,s4,c4 #gaeb71 and other related activities including conservation and renewable resources programs as authorized1 #bei1abf1jjj1 including official reception and representation expenses in an amount not to exceed #a1ejj1 to remain available until expended1 of which #bei1abf1jjj shall be derived from the ,department of the ,interior ,reclamation ,fund3 ,provided1 ,that notwithstanding #ca ,u4,s4,c4 #ccjb1 section #e of the ,flood ,control ,act of #aidd 7#af ,u4,s4,c4 #hbes71 and section #a of the ,interior ,department ,appropriation ,act1 #aici 7#dc ,u4,s4,c4 #cib;a71 up to #afi1ged1jjj collected by the ,western ,area ,power ,administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections1 to remain available until expended1 for the sole purpose of funding the annual expenses of the ,western ,area ,power ,administration3 ,provided further1 ,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 #bjba appropriation estimated at not more than #hi1cgb1jjj1 of which #hi1cgb1jjj is derived from the ,reclamation ,fund3 ,provided further1 ,that notwithstanding #ca ,u4,s4,c4 #ccjb1 up to #aib1jjj1jjj collected by the ,western ,area ,power ,administration pursuant to the ,flood ,control ,act of #aidd and the ,reclamation ,project ,act of #aici to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections1 to remain available until expended for the sole purpose of making purchase power and wheeling expenditures3 ,provided further1 ,that for purposes of this appropriation1 annual expenses means expenditures that are generally recovered in the same year that they are incurred 7excluding purchase power and wheeling expenses74 ,falcon and amistad operating and maintenance fund ,for operation1 maintenance1 and emergency costs for the hydroelectric facilities at the ,falcon and ,amistad ,dams1 #e1ggf1jjj1 to remain available until expended1 and to be derived from the ,falcon and ,amistad ,operating and ,maintenance ,fund of the ,western ,area ,power ,administration1 as provided in section #b of the ,act of ,june #ah1 #aied 7#fh ,stat4 #bee73 ,provided1 ,that notwithstanding the provisions of that ,act and of #ca ,u4,s4,c4 #ccjb1 up to #e1edh1jjj 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 collections1 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 activities3 ,provided further1 ,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 #bjba appropriation estimated at not more than #bbh1jjj3 ,provided further1 ,that for purposes of this appropriation1 annual expenses means expenditures that are generally recovered in the same year that they are incurred3 ,provided further1 ,that for fiscal year #bjba1 the ,administrator of the ,western ,area ,power ,administration may accept up to #a1ebf1jjj in funds contributed by ,united ,states power customers of the ,falcon and ,amistad ,dams for deposit into the ,falcon and ,amistad ,operating and ,maintenance ,fund1 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 purpose3 ,provided further1 ,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 operating1 maintaining1 repairing1 rehabilitating1 replacing1 or upgrading the hydroelectric facilities at these ,dams in accordance with agreements reached between the ,administrator1 ,commissioner1 and the power customers4 ,federal energy regulatory commission ,,salaries ,,and ,,expenses ,for expenses necessary for the ,federal ,energy ,regulatory ,commission to carry out the provisions of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaja et seq471 including services as authorized by #e ,u4,s4,c4 #caji1 official reception and representation expenses not to exceed #c1jjj1 and the hire of passenger motor vehicles1 #djd1cej1jjj1 to remain available until expended3 ,provided1 ,that notwithstanding any other provision of law1 not to exceed #djd1cej1jjj of revenues from fees and annual charges1 and other services and collections in fiscal year #bjba shall be retained and used for expenses necessary in this account1 and shall remain available until expended3 ,provided further1 ,that the sum herein appropriated from the general fund shall be reduced as revenues are received during fiscal year #bjba so as to result in a final fiscal year #bjba appropriation from the general fund estimated at not more than #j4 ,,general ,,provisions--,,department ,,of ,,energy 7,,including ,,transfer ,,of ,,funds7 #cja4 7a7 ,no appropriation1 funds1 or authority made available by this title for the ,department of ,energy shall be used to initiate or resume any program1 project1 or activity or to prepare or initiate ,requests ,for ,proposals or similar arrangements 7including ,requests for ,quotations1 ,requests for ,information1 and ,funding ,opportunity ,announcements7 for a program1 project1 or activity if the program1 project1 or activity has not been funded by ,congress4 7b7 7#a7 ,unless the ,secretary of ,energy notifies the ,committees on ,appropriations of both ,houses of ,congress at least #c full business days in advance1 none of the funds made available in this title may be used to-- 7,a7 make a grant allocation or discretionary grant award totaling #a1jjj1jjj or more2 7,b7 make a discretionary contract award or ,other ,transaction ,agreement totaling #a1jjj1jjj or more1 including a contract covered by the ,federal ,acquisition ,regulation2 7,c7 issue a letter of intent to make an allocation1 award1 or ,agreement in excess of the limits in subparagraph 7,a7 or 7,b72 or 7,d7 announce publicly the intention to make an allocation1 award1 or ,agreement in excess of the limits in subparagraph 7,a7 or 7,b74 7#b7 ,the ,secretary of ,energy shall submit to the ,committees on ,appropriations of both ,houses of ,congress within #ae days of the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than #a1jjj1jjj provided during the previous quarter4 7#c7 ,the notification required by paragraph 7#a7 and the report required by paragraph 7#b7 shall include the recipient of the award1 the amount of the award1 the fiscal year for which the funds for the award were appropriated1 the account and program1 project1 or activity from which the funds are being drawn1 the title of the award1 and a brief description of the activity for which the award is made4 7c7 ,the ,department of ,energy may not1 with respect to any program1 project1 or activity that uses budget authority made available in this title under the heading ,department of ,energy--,energy ,programs1 enter into a multiyear contract1 award a multiyear grant1 or enter into a multiyear cooperative agreement unless-- 7#a7 the contract1 grant1 or cooperative agreement is funded for the full period of performance as anticipated at the time of award2 or 7#b7 the contract1 grant1 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 #c days in advance4 7d7 ,except as provided in subsections 7e71 7f71 and 7g71 the amounts made available by this title shall be expended as authorized by law for the programs1 projects1 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 #d 7in the matter preceding division ,a of this consolidated ,act74 7e7 ,the amounts made available by this title may be reprogrammed for any program1 project1 or activity1 and the ,department shall notify1 and obtain the prior approval of1 the ,committees on ,appropriations of both ,houses of ,congress at least #cj days prior to the use of any proposed reprogramming that would cause any program1 project1 or activity funding level to increase or decrease by more than #e1jjj1jjj or #aj percent1 whichever is less1 during the time period covered by this ,act4 7f7 ,none of the funds provided in this title shall be available for obligation or expenditure through a reprogramming of funds that-- 7#a7 creates1 initiates1 or eliminates a program1 project1 or activity2 7#b7 increases funds or personnel for any program1 project1 or activity for which funds are denied or restricted by this ,act2 or 7#c7 reduces funds that are directed to be used for a specific program1 project1 or activity by this ,act4 7g7 7#a7 ,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 health1 the environment1 welfare1 or national security4 7#b7 ,the ,secretary of ,energy shall notify the ,committees on ,appropriations of both ,houses of ,congress of any waiver under paragraph 7#a7 as soon as practicable1 but not later than #c days after the date of the activity to which a requirement or restriction would otherwise have applied4 ,such notice shall include an explanation of the substantial risk under paragraph 7#a7 that permitted such waiver4 7h7 ,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 title4 ,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 enacted4 #cjb4 ,funds appropriated by this or any other ,act1 or made available by the transfer of funds in this ,act1 for intelligence activities are deemed to be specifically authorized by the ,congress for purposes of section #ejd of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjid7 during fiscal year #bjba until the enactment of the ,intelligence ,authorization ,act for fiscal year #bjba4 #cjc4 ,none of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under #aj ,,cfr ,part #hcj unless independent oversight is conducted by the ,office of ,enterprise ,assessments to ensure the project is in compliance with nuclear safety requirements4 #cjd4 ,none of the funds made available in this title may be used to approve critical decision-#b or critical decision-#c under ,department of ,energy ,order #dac4c;,b1 or any successive departmental guidance1 for construction projects where the total project cost exceeds #ajj1jjj1jjj1 until a separate independent cost estimate has been developed for the project for that critical decision4 #cje4 ,notwithstanding section #afa of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbda71 upon a determination by the ,president in this fiscal year that a regional supply shortage of refined petroleum product of significant scope and duration exists1 that a severe increase in the price of refined petroleum product will likely result from such shortage1 and that a draw down and sale of refined petroleum product would assist directly and significantly in reducing the adverse impact of such shortage1 the ,secretary of ,energy may draw down and sell refined petroleum product from the ,strategic ,petroleum ,reserve4 ,proceeds from a sale under this section shall be deposited into the ,,spr ,petroleum ,account established in section #afg of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbdg71 and such amounts shall be available for obligation1 without fiscal year limitation1 consistent with that section4 #cjf4 7a7 ,of the offsetting collections1 including unobligated balances of such collections1 in the ,department of ,energy--,power ,marketing ,administration--,colorado ,river ,basins ,power ,marketing ,fund1 ,western ,area ,power ,administration1 #ba1djj1jjj 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 efforts4 7b7 ,no funds shall be transferred directly from ,department of ,energy--,power ,marketing ,administration--,colorado ,river ,basins ,power ,marketing ,fund1 ,western ,area ,power ,administration to the general fund of the ,treasury in the current fiscal year4 ,,iv ,independent agencies ,appalachian regional commission ,for expenses necessary to carry out the programs authorized by the ,appalachian ,regional ,development ,act of #aife1 and for expenses necessary for the ,federal ,co-,chairman and the ,alternate on the ,appalachian ,regional ,commission1 for payment of the ,federal share of the administrative expenses of the ,commission1 including services as authorized by #e ,u4,s4,c4 #caji1 and hire of passenger motor vehicles1 #ahj1jjj1jjj1 to remain available until expended4 ,defense nuclear facilities safety board ,,salaries ,,and ,,expenses ,for expenses necessary for the ,defense ,nuclear ,facilities ,safety ,board in carrying out activities authorized by the ,atomic ,energy ,act of #aied1 as amended by ,public ,law #ajj-def1 section #adda1 #ca1jjj1jjj1 to remain available until ,september #cj1 #bjbb4 ,delta regional authority ,,salaries ,,and ,,expenses ,for expenses necessary for the ,delta ,regional ,authority and to carry out its activities1 as authorized by the ,delta ,regional ,authority ,act of #bjjj1 notwithstanding sections #chb;,f7d71 #chb,m1 and #chb,n of said ,act1 #cj1jjj1jjj1 to remain available until expended4 ,denali commission ,for expenses necessary for the ,denali ,commission including the purchase1 construction1 and acquisition of plant and capital equipment as necessary and other expenses1 #ae1jjj1jjj1 to remain available until expended1 notwithstanding the limitations contained in section #cjf7;g7 of the ,denali ,commission ,act of #aiih3 ,provided1 ,that funds shall be available for construction projects in an amount not to exceed #hj percent of total project cost for distressed communities1 as defined by section #cjg of the ,denali ,commission ,act of #aiih 7division ,c1 title ,,iii1 ,public ,law #aje-bgg71 as amended by section #gja of appendix ,d1 title ,,vii1 ,public ,law #ajf-aac 7#aac ,stat4 #aeja;,a-#bhj71 and an amount not to exceed #ej percent for non-distressed communities3 ,provided further1 ,that notwithstanding any other provision of law regarding payment of a non-,federal share in connection with a grant-in-aid program1 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 ,commission4 ,northern border regional commission ,for expenses necessary for the ,northern ,border ,regional ,commission in carrying out activities authorized by subtitle ,v of title #dj1 ,united ,states ,code1 #cj1jjj1jjj1 to remain available until expended3 ,provided1 ,that such amounts shall be available for administrative expenses1 notwithstanding section #aegea7;b7 of title #dj1 ,united ,states ,code4 ,southeast crescent regional commission ,for expenses necessary for the ,southeast ,crescent ,regional ,commission in carrying out activities authorized by subtitle ,v of title #dj1 ,united ,states ,code1 #a1jjj1jjj1 to remain available until expended4 ,southwest border regional commission ,for expenses necessary for the ,southwest ,border ,regional ,commission in carrying out activities authorized by subtitle ,v of title #dj1 ,united ,states ,code1 #bej1jjj1 to remain available until expended4 ,nuclear regulatory commission ,,salaries ,,and ,,expenses ,for expenses necessary for the ,commission in carrying out the purposes of the ,energy ,reorganization ,act of #aigd and the ,atomic ,energy ,act of #aied1 #hcj1ijj1jjj1 including official representation expenses not to exceed #be1jjj1 to remain available until expended3 ,provided1 ,that of the amount appropriated herein1 not more than #i1ejj1jjj may be made available for salaries1 travel1 and other support costs for the ,office of the ,commission1 to remain available until ,september #cj1 #bjbb3 ,provided further1 ,that revenues from licensing fees1 inspection services1 and other services and collections estimated at #gaj1bic1jjj in fiscal year #bjba shall be retained and used for necessary salaries and expenses in this account1 notwithstanding #ca ,u4,s4,c4 #ccjb1 and shall remain available until expended3 ,provided further1 ,that the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year #bjba so as to result in a final fiscal year #bjba appropriation estimated at not more than #abj1fjg1jjj4 ,,office ,,of ,,inspector ,,general ,for expenses necessary for the ,office of ,inspector ,general in carrying out the provisions of the ,inspector ,general ,act of #aigh1 #ac1dii1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that revenues from licensing fees1 inspection services1 and other services and collections estimated at #aa1ajf1jjj in fiscal year #bjba shall be retained and be available until ,september #cj1 #bjbb1 for necessary salaries and expenses in this account1 notwithstanding section #ccjb of title #ca1 ,united ,states ,code3 ,provided further1 ,that the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year #bjba so as to result in a final fiscal year #bjba appropriation estimated at not more than #b1cic1jjj3 ,provided further1 ,that of the amounts appropriated under this heading1 #a1bjf1jjj shall be for ,inspector ,general services for the ,defense ,nuclear ,facilities ,safety ,board4 ,nuclear waste technical review board ,,salaries ,,and ,,expenses ,for expenses necessary for the ,nuclear ,waste ,technical ,review ,board1 as authorized by ,public ,law #ajj-bjc1 section #ejea1 #c1fjj1jjj1 to be derived from the ,nuclear ,waste ,fund1 to remain available until ,september #cj1 #bjbb4 ,,general ,,provisions--,,independent ,,agencies #dja4 ,the ,nuclear ,regulatory ,commission shall comply with the ,july #e1 #bjaa1 version of ,chapter ,,vi of its ,internal ,commission ,procedures when responding to ,congressional requests for information1 consistent with ,department of ,justice guidance for all ,federal agencies4 #djb4 7a7 ,the amounts made available by this title for the ,nuclear ,regulatory ,commission may be reprogrammed for any program1 project1 or activity1 and the ,commission shall notify the ,committees on ,appropriations of both ,houses of ,congress at least #cj days prior to the use of any proposed reprogramming that would cause any program funding level to increase or decrease by more than #ejj1jjj or #aj percent1 whichever is less1 during the time period covered by this ,act4 7b7 7#a7 ,the ,nuclear ,regulatory ,commission may waive the notification requirement in subsection 7a7 if compliance with such requirement would pose a substantial risk to human health1 the environment1 welfare1 or national security4 7#b7 ,the ,nuclear ,regulatory ,commission shall notify the ,committees on ,appropriations of both ,houses of ,congress of any waiver under paragraph 7#a7 as soon as practicable1 but not later than #c days after the date of the activity to which a requirement or restriction would otherwise have applied4 ,such notice shall include an explanation of the substantial risk under paragraph 7#a7 that permitted such waiver and shall provide a detailed report to the ,committees of such waiver and changes to funding levels to programs1 projects1 or activities4 7c7 ,except as provided in subsections 7a71 7b71 and 7d71 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 #d 7in the matter preceding division ,a of this consolidated ,act74 7d7 ,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 program1 project1 or activity for which funds are denied or restricted by this ,act4 7e7 ,the ,commission shall provide a monthly report to the ,committees on ,appropriations of both ,houses of ,congress1 which includes the following for each program1 project1 or activity1 including any prior year appropriations-- 7#a7 total budget authority2 7#b7 total unobligated balances2 and 7#c7 total unliquidated obligations4 ,v ,,general ,,provisions 7,,including ,,transfer ,,of ,,funds7 #eja4 ,none of the funds appropriated by this ,act may be used in any way1 directly or indirectly1 to influence congressional action on any legislation or appropriation matters pending before ,congress1 other than to communicate to ,members of ,congress as described in #ah ,u4,s4,c4 #aiac4 #ejb4 7a7 ,none of the funds made available in title ,,iii of this ,act may be transferred to any department1 agency1 or instrumentality of the ,united ,states ,government1 except pursuant to a transfer made by or transfer authority provided in this ,act or any other appropriations ,act for any fiscal year1 transfer authority referenced in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act71 or any authority whereby a department1 agency1 or instrumentality of the ,united ,states ,government may provide goods or services to another department1 agency1 or instrumentality4 7b7 ,none of the funds made available for any department1 agency1 or instrumentality of the ,united ,states ,government may be transferred to accounts funded in title ,,iii of this ,act1 except pursuant to a transfer made by or transfer authority provided in this ,act or any other appropriations ,act for any fiscal year1 transfer authority referenced in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act71 or any authority whereby a department1 agency1 or instrumentality of the ,united ,states ,government may provide goods or services to another department1 agency1 or instrumentality4 7c7 ,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 authorities1 except for any authority whereby a department1 agency1 or instrumentality of the ,united ,states ,government may provide goods or services to another department1 agency1 or instrumentality1 used in the previous #f months and in the year-to-date4 ,this report shall include the amounts transferred and the purposes for which they were transferred1 and shall not replace or modify existing notification requirements for each authority4 #ejc4 ,none of the funds made available by this ,act may be used in contravention of ,executive ,order ,no4 #abhih of ,february #aa1 #aiid 7,federal ,actions to ,address ,environmental ,justice in ,minority ,populations and ,low-,income ,populations74 #ejd4 7a7 ,none of the funds made available in this ,act may be used to maintain or establish a computer network unless such network blocks the viewing1 downloading1 and exchanging of pornography4 7b7 ,nothing in subsection 7a7 shall limit the use of funds necessary for any ,federal1 ,state1 ,tribal1 or local law enforcement agency or any other entity carrying out criminal investigations1 prosecution1 or adjudication activities4 #eje4 7a7 ,requirements relating to non-,federal cost-share grants and cooperative agreements for the ,delta ,regional ,authority under section #chb;,d of the ,agricultural ,act of #aifa and ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjji;aa-#c7 are waived for grants awarded in fiscal year #bjbj and in subsequent years in response to economic distress directly related to the impacts of the ,coronavirus ,disease 7,,covid-#ai74 7b7 ,requirements relating to non-,federal cost-share grants and cooperative agreements for the ,northern ,border ,regional ,commission under section #aeeja7;d7 of title #dj1 ,united ,states ,code1 are waived for grants awarded in fiscal year #bjbj and in subsequent years in response to economic distress directly related to the impacts of the ,coronavirus ,disease 7,,covid-#ai74 7c7 ,requirements relating to non-,federal cost-share grants and cooperative agreements for the ,denali ,commission are waived for grants awarded in fiscal year #bjbj and in subsequent years in response to economic distress directly related to the impacts of the ,coronavirus ,disease 7,,covid-#ai74 #ejf4 ,of the unavailable collections currently in the ,united ,states ,enrichment ,corporation ,fund1 #bia1jjj1jjj 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 ,acts4 ,this division may be cited as the ,energy and ,water ,development and ,related ,agencies ,appropriations ,act1 #bjba4 ,e ,financial ,services and ,general ,government ,appropriations ,act1 #bjba ,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 ,building2 hire of passenger motor vehicles2 maintenance1 repairs1 and improvements of1 and purchase of commercial insurance policies for1 real properties leased or owned overseas1 when necessary for the performance of official business2 executive direction program activities2 international affairs and economic policy activities2 domestic finance and tax policy activities1 including technical assistance to ,state1 local1 and territorial entities2 and ,treasury-wide management policies and programs activities1 #bcc1jjj1jjj3 ,provided1 ,that of the amount appropriated under this heading-- 7#a7 not to exceed #cej1jjj is for official reception and representation expenses2 7#b7 not to exceed #beh1jjj 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 certificate2 and 7#c7 not to exceed #bd1jjj1jjj shall remain available until ,september #cj1 #bjbb1 for-- 7,a7 the ,treasury-wide ,financial ,statement ,audit and ,internal ,control ,program2 7,b7 information technology modernization requirements2 7,c7 the audit1 oversight1 and administration of the ,gulf ,coast ,restoration ,trust ,fund2 7,d7 the development and implementation of programs within the ,office of ,cybersecurity and ,critical ,infrastructure ,protection1 including entering into cooperative agreements2 7,e7 operations and maintenance of facilities2 and 7,f7 international operations4 ,,committee ,,on ,,foreign ,,investment ,,in ,,the ,,united ,,states ,,fund 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses of the ,committee on ,foreign ,investment in the ,united ,states1 #bj1jjj1jjj1 to remain available until expended3 ,provided1 ,that the chairperson of the ,committee may transfer such amounts to any department or agency represented on the ,committee 7including the ,department of the ,treasury7 subject to advance notification to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate3 ,provided further1 ,that amounts so transferred shall remain available until expended for expenses of implementing section #gba of the ,defense ,production ,act of #aiej1 as amended 7#ej ,u4,s4,c4 #defe71 and shall be available in addition to any other funds available to any department or agency3 ,provided further1 ,that fees authorized by section #gba7p7 of such ,act shall be credited to this appropriation as offsetting collections3 ,provided further1 ,that the total amount appropriated under this heading from the general fund shall be reduced as such offsetting collections are received during fiscal year #bjba1 so as to result in a total appropriation from the general fund estimated at not more than #ae1jjj1jjj4 ,,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 nations1 terrorist facilitators1 weapons of mass destruction proliferators1 human rights abusers1 money launderers1 drug kingpins1 and other national security threats1 #age1jjj1jjj1 of which not less than #c1jjj1jjj shall be available for addressing human rights violations and corruption1 including activities authorized by the ,global ,magnitsky ,human ,rights ,accountability ,act 7#bb ,u4,s4,c4 #bfef note73 ,provided1 ,that of the amounts appropriated under this heading1 up to #aj1jjj1jjj shall remain available until ,september #cj1 #bjbb4 ,,cybersecurity ,,enhancement ,,account ,for salaries and expenses for enhanced cybersecurity for systems operated by the ,department of the ,treasury1 #ah1jjj1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that such funds shall supplement and not supplant any other amounts made available to the ,treasury offices and bureaus for cybersecurity3 ,provided further1 ,that of the total amount made available under this heading #a1jjj1jjj shall be available for administrative expenses for the ,treasury ,chief ,information ,officer to provide oversight of the investments made under this heading3 ,provided further1 ,that such funds shall supplement and not supplant any other amounts made available to the ,treasury ,chief ,information ,officer4 ,,department-,,wide ,,systems ,,and ,,capital ,,investments ,,programs 7,,including ,,transfer ,,of ,,funds7 ,for development and acquisition of automatic data processing equipment1 software1 and services and for repairs and renovations to buildings owned by the ,department of the ,treasury1 #f1aah1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that these funds shall be transferred to accounts and in amounts as necessary to satisfy the requirements of the ,department's offices1 bureaus1 and other organizations3 ,provided further1 ,that this transfer authority shall be in addition to any other transfer authority provided in this ,act3 ,provided further1 ,that none of the funds appropriated under this heading shall be used to support or supplement ,internal ,revenue ,service1 ,operations ,support or ,internal ,revenue ,service1 ,business ,systems ,modernization4 ,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 #aigh1 #da1jdd1jjj1 including hire of passenger motor vehicles2 of which not to exceed #ajj1jjj shall be available for unforeseen emergencies of a confidential nature1 to be allocated and expended under the direction of the ,inspector ,general of the ,treasury2 of which up to #b1hjj1jjj to remain available until ,september #cj1 #bjbb1 shall be for audits and investigations conducted pursuant to section #afjh of the ,resources and ,ecosystems ,sustainability1 ,tourist ,opportunities1 and ,revived ,economies of the ,gulf ,coast ,states ,act of #bjab 7#cc ,u4,s4,c4 #acba note72 and of which not to exceed #a1jjj shall be available for official reception and representation expenses4 ,,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 #aigh1 as amended1 including purchase and hire of passenger motor vehicles 7#ca ,u4,s4,c4 #acdc7;b772 and services authorized by #e ,u4,s4,c4 #caji1 at such rates as may be determined by the ,inspector ,general for ,tax ,administration2 #agj1bej1jjj1 of which #e1jjj1jjj shall remain available until ,september #cj1 #bjbb2 of which not to exceed #f1jjj1jjj shall be available for official travel expenses2 of which not to exceed #ejj1jjj shall be available for unforeseen emergencies of a confidential nature1 to be allocated and expended under the direction of the ,inspector ,general for ,tax ,administration2 and of which not to exceed #a1ejj shall be available for official reception and representation expenses4 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 #bjjh 7,public ,law #aaj-cdc71 #ai1jjj1jjj4 ,financial ,crimes ,enforcement ,network salaries and expenses ,for necessary expenses of the ,financial ,crimes ,enforcement ,network1 including hire of passenger motor vehicles2 travel and training expenses of non-,federal and foreign government personnel to attend meetings and training concerned with domestic and foreign financial intelligence activities1 law enforcement1 and financial regulation2 services authorized by #e ,u4,s4,c4 #caji2 not to exceed #ab1jjj for official reception and representation expenses2 and for assistance to ,federal law enforcement agencies1 with or without reimbursement1 #abf1ifc1jjj1 of which not to exceed #cd1cce1jjj shall remain available until ,september #cj1 #bjbc4 ,bureau of the ,fiscal ,service ,,salaries ,,and ,,expenses ,for necessary expenses of operations of the ,bureau of the ,fiscal ,service1 #cde1efi1jjj2 of which not to exceed #h1jjj1jjj1 to remain available until ,september #cj1 #bjbc1 is for information systems modernization initiatives2 and of which #e1jjj shall be available for official reception and representation expenses4 ,in addition1 #afe1jjj1 to be derived from the ,oil ,spill ,liability ,trust ,fund to reimburse administrative and personnel expenses for financial management of the ,fund1 as authorized by section #ajab of ,public ,law #aja-chj4 ,alcohol and ,tobacco ,tax and ,trade ,bureau ,,salaries ,,and ,,expenses ,for necessary expenses of carrying out section #aaaa of the ,homeland ,security ,act of #bjjb1 including hire of passenger motor vehicles1 #abd1ccg1jjj2 of which not to exceed #f1jjj shall be available for official reception and representation expenses2 and of which not to exceed #ej1jjj shall be available for cooperative research and development programs for laboratory services2 and provision of laboratory assistance to ,state and local agencies with or without reimbursement3 ,provided1 ,that of the amount appropriated under this heading1 #e1jjj1jjj shall be for the costs of accelerating the processing of formula and label applications3 ,provided further1 ,that of the amount appropriated under this heading1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 shall be for the costs associated with enforcement of and education regarding the trade practice provisions of the ,federal ,alcohol ,administration ,act 7#bg ,u4,s4,c4 #bja et seq474 ,united ,states ,mint united states mint public enterprise fund ,pursuant to section #eacf of title #ca1 ,united ,states ,code1 the ,united ,states ,mint is provided funding through the ,united ,states ,mint ,public ,enterprise ,fund for costs associated with the production of circulating coins1 numismatic coins1 and protective services1 including both operating expenses and capital investments3 ,provided1 ,that the aggregate amount of new liabilities and obligations incurred during fiscal year #bjba under such section #eacf for circulating coinage and protective service capital investments of the ,united ,states ,mint shall not exceed #ej1jjj1jjj4 ,community ,development ,financial ,institutions ,fund ,program ,account ,to carry out the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7subtitle ,a of title ,i of ,public ,law #ajc-cbe71 including services authorized by section #caji of title #e1 ,united ,states ,code1 but at rates for individuals not to exceed the per diem rate equivalent to the rate for ,,ex-,,iii1 #bgj1jjj1jjj4 ,of the amount appropriated under this heading-- 7#a7 not less than #afg1jjj1jjj1 notwithstanding section #ajh7;e7 of ,public ,law #ajc-cbe 7#ab ,u4,s4,c4 #dgjg7;e77 with regard to ,small and_/or ,emerging ,community ,development ,financial ,institutions ,assistance awards1 is available until ,september #cj1 #bjbb1 for financial assistance and technical assistance under subparagraphs 7,a7 and 7,b7 of section #ajh7;a77#a71 respectively1 of ,public ,law #ajc-cbe 7#ab ,u4,s4,c4 #dgjg7;a77#a77;,a7 and 7,b771 of which up to #a1fjj1jjj may be available for training and outreach under section #aji of ,public ,law #ajc-cbe 7#ab ,u4,s4,c4 #dgjh71 of which up to #b1cgd1ejj may be used for the cost of direct loans1 of which up to #f1jjj1jjj1 notwithstanding subsection 7d7 of section #ajh of ,public ,law #ajc-cbe 7#ab ,u4,s4,c4 #dgjg 7d771 may be available to provide financial assistance1 technical assistance1 training1 and outreach to community development financial institutions to expand investments that benefit individuals with disabilities1 and of which not less than #b1jjj1jjj shall be for the ,economic ,mobility ,corps to be operated in conjunction with the ,corporation for ,national and ,community ,service1 pursuant to #db ,u4,s4,c4 #abega3 ,provided1 ,that the cost of direct and guaranteed loans1 including the cost of modifying such loans1 shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd3 ,provided further 1 ,that these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed #be1jjj1jjj3 ,provided further1 ,that of the funds provided under this paragraph1 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 counties1 the ,,cdfi ,fund shall prioritize ,financial ,assistance awards to organizations that invest and lend in high-poverty areas3 ,provided further1 ,that for purposes of this section1 the term 8high-poverty area0 means any census tract with a poverty rate of at least #bj percent as measured by the #bjaa-bjae #e-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 #bj percent as measured by the #bjaj ,island areas ,decennial ,census data for any territory or possession of the ,united ,states2 7#b7 ,not less than #af1ejj1jjj1 notwithstanding section #ajh7;e7 of ,public ,law #ajc-cbe 7#ab ,u4,s4,c4 #dgjg7;e771 is available until ,september #cj1 #bjbb1 for financial assistance1 technical assistance1 training1 and outreach programs designed to benefit ,native ,american1 ,native ,hawaiian1 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 country1 ,native ,american organizations1 ,tribes and ,tribal organizations1 and other suitable providers2 7#c7 not less than #bf1jjj1jjj is available until ,september #cj1 #bjbb1 for the ,bank ,enterprise ,award program2 7#d7 not less than #bc1jjj1jjj1 notwithstanding subsections 7d7 and 7e7 of section #ajh of ,public ,law #ajc-cbe 7#ab ,u4,s4,c4 #dgjg7;d7 and 7e771 is available until ,september #cj1 #bjbb1 for a ,healthy ,food ,financing ,initiative to provide financial assistance1 technical assistance1 training1 and outreach to community development financial institutions for the purpose of offering affordable financing and technical assistance to expand the availability of healthy food options in distressed communities2 7#e7 not less than #h1ejj1jjj is available until ,september #cj1 #bjbb1 to provide grants for loan loss reserve funds and to provide technical assistance for small dollar loan programs under section #abb of ,public ,law #ajc-cbe 7#ab ,u4,s4,c4 #dgai73 ,provided1 ,that sections #ajh7;d7 and #abb7;b77#b7 of such ,public ,law shall not apply to the provision of such grants and technical assistance2 7#f7 up to #bi1jjj1jjj is available until ,september #cj1 #bjba1 for administrative expenses1 including administration of ,,cdfi ,fund programs and the ,new ,markets ,tax ,credit ,program1 of which not less than #a1jjj1jjj is for development of tools to better assess and inform ,,cdfi investment performance1 and up to #cjj1jjj is for administrative expenses to carry out the direct loan program2 and 7#g7 during fiscal year #bjba1 none of the funds available under this heading are available for the cost1 as defined in section #ejb of the ,congressional ,budget ,act of #aigd1 of commitments to guarantee bonds and notes under section #aad;,a of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgac;a73 ,provided1 ,that commitments to guarantee bonds and notes under such section #aad;,a shall not exceed #ejj1jjj1jjj3 ,provided further1 ,that such section #aad;,a shall remain in effect until ,december #ca1 #bjba3 ,provided further1 ,that of the funds awarded under this heading1 except those provided for the ,economic ,mobility ,corps1 not less than #aj percent shall be used for awards that support investments that serve populations living in persistent poverty counties3 ,provided further1 ,that for the purposes of this paragraph and paragraph 7#a71 the term persistent poverty counties means any county1 including county equivalent areas in ,puerto ,rico1 that has had #bj percent or more of its population living in poverty over the past #cj years1 as measured by the #aiij and #bjjj decennial censuses and the #bjaa-bjae #e-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 #bj percent or more of its population living in poverty over the past #cj years1 as measured by the #aiij1 #bjjj and #bjaj ,island ,areas ,decennial ,censuses1 or equivalent data1 of the ,bureau of the ,census4 ,internal ,revenue ,service taxpayer services ,for necessary expenses of the ,internal ,revenue ,service to provide taxpayer services1 including pre-filing assistance and education1 filing and account services1 taxpayer advocacy services1 and other services as authorized by #e ,u4,s4,c4 #caji1 at such rates as may be determined by the ,commissioner1 #b1eee1fjf1jjj1 of which not less than #aa1jjj1jjj shall be for the ,tax ,counseling for the ,elderly ,program1 of which not less than #ac1jjj1jjj shall be available for low-income taxpayer clinic grants1 of which not less than #cj1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 shall be available for the ,community ,volunteer ,income ,tax ,assistance ,matching ,grants ,program for tax return preparation assistance1 and of which not less than #baa1jjj1jjj shall be available for operating expenses of the ,taxpayer ,advocate ,service3 ,provided1 ,that of the amounts made available for the ,taxpayer ,advocate ,service1 not less than #e1ejj1jjj shall be for identity theft and refund fraud casework4 ,,enforcement ,for necessary expenses for tax enforcement activities of the ,internal ,revenue ,service to determine and collect owed taxes1 to provide legal and litigation support1 to conduct criminal investigations1 to enforce criminal statutes related to violations of internal revenue laws and other financial crimes1 to purchase and hire passenger motor vehicles 7#ca ,u4,s4,c4 #acdc7;b771 and to provide other services as authorized by #e ,u4,s4,c4 #caji1 at such rates as may be determined by the ,commissioner1 #e1bab1fbb1jjj1 of which not to exceed #bej1jjj1jjj shall remain available until ,september #cj1 #bjbb2 of which not less than #fj1beg1jjj shall be for the ,interagency ,crime and ,drug ,enforcement program2 and of which not to exceed #ae1jjj1jjj shall be for investigative technology for the ,criminal ,investigation ,division3 ,provided1 ,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 heading4 ,,operations ,,support ,for necessary expenses of the ,internal ,revenue ,service to support taxpayer services and enforcement programs1 including rent payments2 facilities services2 printing2 postage2 physical security2 headquarters and other ,,irs-wide administration activities2 research and statistics of income2 telecommunications2 information technology development1 enhancement1 operations1 maintenance1 and security2 the hire of passenger motor vehicles 7#ca ,u4,s4,c4 #acdc7;b772 the operations of the ,internal ,revenue ,service ,oversight ,board2 and other services as authorized by #e ,u4,s4,c4 #caji1 at such rates as may be determined by the ,commissioner2 #c1ibh1ajb1jjj1 of which not to exceed #bge1jjj1jjj shall remain available until ,september #cj1 #bjbb2 of which not to exceed #aj1jjj1jjj shall remain available until expended for acquisition of equipment and construction1 repair and renovation of facilities2 of which not to exceed #a1jjj1jjj shall remain available until ,september #cj1 #bjbc1 for research2 of which not less than #aj1jjj1jjj1 to remain available until expended1 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 debt2 and of which not to exceed #bj1jjj shall be for official reception and representation expenses3 ,provided1 ,that not later than #cj days after the end of each quarter1 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 portfolio1 including detailed1 plain language summaries on the status of plans1 costs1 and results2 prior results and actual expenditures of the prior quarter2 upcoming deliverables and costs for the fiscal year2 risks and mitigation strategies associated with ongoing work2 reasons for any cost or schedule variances2 and total expenditures by fiscal year3 ,provided further1 ,that the ,internal ,revenue ,service shall include1 in its budget justification for fiscal year #bjbb1 a summary of cost and schedule performance information for its major information technology systems4 ,,business ,,systems ,,modernization ,for necessary expenses of the ,internal ,revenue ,service's business systems modernization program1 #bbb1gbd1jjj1 to remain available until ,september #cj1 #bjbc1 for the capital asset acquisition of information technology systems1 including management and related contractual costs of said acquisitions1 including related ,internal ,revenue ,service labor costs1 and contractual costs associated with operations authorized by #e ,u4,s4,c4 #caji3 ,provided1 ,that not later than #cj days after the end of each quarter1 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 portfolio1 including detailed1 plain language summaries on the status of plans1 costs1 and results2 prior results and actual expenditures of the prior quarter2 upcoming deliverables and costs for the fiscal year2 risks and mitigation strategies associated with ongoing work2 reasons for any cost or schedule variances2 and total expenditures by fiscal year4 ,,administrative ,,provisions--,,internal ,,revenue ,,service 7,,including ,,transfer ,,of ,,funds7 #aja4 ,not to exceed #d percent of the appropriation made available in this ,act to the ,internal ,revenue ,service under the ,enforcement heading1 and not to exceed #e percent of any other appropriation made available in this ,act to the ,internal ,revenue ,service1 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 ,senate4 #ajb4 ,the ,internal ,revenue ,service shall maintain an employee training program1 which shall include the following topics3 taxpayers' rights1 dealing courteously with taxpayers1 cross-cultural relations1 ethics1 and the impartial application of tax law4 #ajc4 ,the ,internal ,revenue ,service shall institute and enforce policies and procedures that will safeguard the confidentiality of taxpayer information and protect taxpayers against identity theft4 #ajd4 ,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 #a-hjj help line service for taxpayers4 ,the ,commissioner shall continue to make improvements to the ,internal ,revenue ,service #a-hjj help line service a priority and allocate resources necessary to enhance the response time to taxpayer communications1 particularly with regard to victims of tax-related crimes4 #aje4 ,the ,internal ,revenue ,service shall issue a notice of confirmation of any address change relating to an employer making employment tax payments1 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 preparer4 #ajf4 ,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 ,states4 #ajg4 ,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 beliefs4 #ajh4 ,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 procedures1 verification processes1 documentation requirements1 and policies issued by the ,chief ,financial ,officer1 ,human ,capital ,office1 and ,agency-,wide ,shared ,services as a result of the recommendations in the report published on ,may #ca1 #bjac1 by the ,treasury ,inspector ,general for ,tax ,administration entitled ,review of the ,august #bjaj ,small ,business_/,self-,employed ,division's ,conference in ,anaheim1 ,california 7,reference ,number #bjac-aj-jcg74 #aji4 ,none of the funds made available in this ,act to the ,internal ,revenue ,service may be obligated or expended-- 7#a7 to make a payment to any employee under a bonus1 award1 or recognition program2 or 7#b7 under any hiring or personnel selection process with respect to re-hiring a former employee2 unless such program or process takes into account the conduct and ,federal tax compliance of such employee or former employee4 #aaj4 ,none of the funds made available by this ,act may be used in contravention of section #fajc of the ,internal ,revenue ,code of #aihf 7relating to confidentiality and disclosure of returns and return information74 ,administrative ,provisions--,department of the ,treasury 7,,including ,,transfers ,,of ,,funds7 #aaa4 ,appropriations to the ,department of the ,treasury in this ,act shall be available for uniforms or allowances therefor1 as authorized by law 7#e ,u4,s4,c4 #eija71 including maintenance1 repairs1 and cleaning2 purchase of insurance for official motor vehicles operated in foreign countries2 purchase of motor vehicles without regard to the general purchase price limitations for vehicles purchased and used overseas for the current fiscal year2 entering into contracts with the ,department of ,state for the furnishing of health and medical services to employees and their dependents serving in foreign countries2 and services authorized by #e ,u4,s4,c4 #caji4 #aab4 ,not to exceed #b percent of any appropriations in this title made available under the headings ,departmental ,offices--,salaries and ,expenses1 ,office of ,inspector ,general1 ,special ,inspector ,general for the ,troubled ,asset ,relief ,program1 ,financial ,crimes ,enforcement ,network1 ,bureau of the ,fiscal ,service1 and ,alcohol and ,tobacco ,tax and ,trade ,bureau may be transferred between such appropriations upon the advance approval of the ,committees on ,appropriations of the ,house of ,representatives and the ,senate3 ,provided1 ,that no transfer under this section may increase or decrease any such appropriation by more than #b percent4 #aac4 ,not to exceed #b 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 ,senate3 ,provided1 ,that no transfer may increase or decrease any such appropriation by more than #b percent4 #aad4 ,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 #a ,federal ,reserve note4 #aae4 ,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 collection3 ,provided1 ,that such amounts shall be reimbursed to such salaries and expenses account from debt collections received in the ,debt ,collection ,fund4 #aaf4 ,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 ,senate1 the ,house ,committee on ,financial ,services1 and the ,senate ,committee on ,banking1 ,housing1 and ,urban ,affairs4 #aag4 ,none of the funds appropriated or otherwise made available by this or any other ,act or source to the ,department of the ,treasury1 the ,bureau of ,engraving and ,printing1 and the ,united ,states ,mint1 individually or collectively1 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 ,services2 the ,senate ,committee on ,banking1 ,housing1 and ,urban ,affairs2 and the ,committees on ,appropriations of the ,house of ,representatives and the ,senate4 #aah4 ,funds appropriated by this ,act1 or made available by the transfer of funds in this ,act1 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 #ejd of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dad7 during fiscal year #bjba until the enactment of the ,intelligence ,authorization ,act for ,fiscal ,year #bjba4 #aai4 ,not to exceed #e1jjj shall be made available from the ,bureau of ,engraving and ,printing's ,industrial ,revolving ,fund for necessary official reception and representation expenses4 #abj4 ,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 #cj days following the submission of the annual budget submitted by the ,president3 ,provided1 ,that such ,capital ,investment ,plan shall include capital investment spending from all accounts within the ,department of the ,treasury1 including but not limited to the ,department-wide ,systems and ,capital ,investment ,programs account1 ,treasury ,franchise ,fund account1 and the ,treasury ,forfeiture ,fund account3 ,provided further1 ,that such ,capital ,investment ,plan shall include expenditures occurring in previous fiscal years for each capital investment project that has not been fully completed4 #aba4 ,within #de days after the date of enactment of this ,act1 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 office1 a detailed description of the services1 a detailed explanation of how each charge for each service is calculated1 and a description of the role customers have in governing in the ,franchise ,fund4 #abb4 ,during fiscal year #bjba-- 7#a7 none of the funds made available in this or any other ,act may be used by the ,department of the ,treasury1 including the ,internal ,revenue ,service1 to issue1 revise1 or finalize any regulation1 revenue ruling1 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 #eja7;c77#d7 of the ,internal ,revenue ,code of #aihf 7including the proposed regulations published at #gh ,fed4 ,reg4 #gaece 7,november #bi1 #bjac772 and 7#b7 the standard and definitions as in effect on ,january #a1 #bjaj1 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 #eja7;c77#d7 of such ,code of organizations created on1 before1 or after such date4 #abc4 7a7 ,not later than #fj days after the end of each quarter1 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 ,senate1 the ,committee on ,financial ,services of the ,house of ,representatives and the ,senate ,committee on ,banking1 ,housing1 and ,urban ,affairs4 7b7 ,the reports required under subsection 7a7 shall include-- 7#a7 the obligations made during the previous quarter by object class1 office1 and activity2 7#b7 the estimated obligations for the remainder of the fiscal year by object class1 office1 and activity2 7#c7 the number of full-time equivalents within each office during the previous quarter2 7#d7 the estimated number of full-time equivalents within each office for the remainder of the fiscal year2 and 7#e7 actions taken to achieve the goals1 objectives1 and performance measures of each office4 7c7 ,at the request of any such ,committees specified in subsection 7a71 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 7a74 #abd4 ,in addition to the amounts otherwise made available to the ,department of the ,treasury1 #be1jjj1jjj1 to remain available until expended1 shall be for expenses associated with digitization and distribution of the ,department's records of matured savings bonds that have not been redeemed4 ,this title may be cited as the ,department of the ,treasury ,appropriations ,act1 #bjba4 ,,ii ,executive office of the president and funds appropriated to the president ,the white house salaries and expenses ,for necessary expenses for the ,white ,house as authorized by law1 including not to exceed #c1hej1jjj for services as authorized by #e ,u4,s4,c4 #caji and #c ,u4,s4,c4 #aje2 subsistence expenses as authorized by #c ,u4,s4,c4 #aje1 which shall be expended and accounted for as provided in that section2 hire of passenger motor vehicles1 and travel 7not to exceed #ajj1jjj to be expended and accounted for as provided by #c ,u4,s4,c4 #ajc72 and not to exceed #ai1jjj for official reception and representation expenses1 to be available for allocation within the ,executive ,office of the ,president2 and for necessary expenses of the ,office of ,policy ,development1 including services as authorized by #e ,u4,s4,c4 #caji and #c ,u4,s4,c4 #ajg1 #ee1jjj1jjj4 ,executive ,residence at the ,white ,house operating expenses ,for necessary expenses of the ,executive ,residence at the ,white ,house1 #ac1fda1jjj1 to be expended and accounted for as provided by #c ,u4,s4,c4 #aje1 #aji1 #aaj1 and #aab-aad4 ,,reimbursable ,,expenses ,for the reimbursable expenses of the ,executive ,residence at the ,white ,house1 such sums as may be necessary3 ,provided1 ,that all reimbursable operating expenses of the ,executive ,residence shall be made in accordance with the provisions of this paragraph3 ,provided further1 ,that1 notwithstanding any other provision of law1 such amount for reimbursable operating expenses shall be the exclusive authority of the ,executive ,residence to incur obligations and to receive offsetting collections1 for such expenses3 ,provided further1 ,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 event1 and all such advance payments shall be credited to this account and remain available until expended3 ,provided further1 ,that the ,executive ,residence shall require the national committee of the political party of the ,president to maintain on deposit #be1jjj1 to be separately accounted for and available for expenses relating to reimbursable political events sponsored by such committee during such fiscal year3 ,provided further1 ,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 #fj days after such expense is incurred1 and that such amount is collected within #cj days after the submission of such notice3 ,provided further1 ,that the ,executive ,residence shall charge interest and assess penalties and other charges on any such amount that is not reimbursed within such #cj days1 in accordance with the interest and penalty provisions applicable to an outstanding debt on a ,united ,states ,government claim under #ca ,u4,s4,c4 #cgag3 ,provided further1 ,that each such amount that is reimbursed1 and any accompanying interest and charges1 shall be deposited in the ,treasury as miscellaneous receipts3 ,provided further1 ,that the ,executive ,residence shall prepare and submit to the ,committees on ,appropriations1 by not later than #ij days after the end of the fiscal year covered by this ,act1 a report setting forth the reimbursable operating expenses of the ,executive ,residence during the preceding fiscal year1 including the total amount of such expenses1 the amount of such total that consists of reimbursable official and ceremonial events1 the amount of such total that consists of reimbursable political events1 and the portion of each such amount that has been reimbursed as of the date of the report3 ,provided further1 ,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 nonpolitical3 ,provided further1 ,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 #cg of title #ca1 ,united ,states ,code4 ,white ,house ,repair and ,restoration ,for the repair1 alteration1 and improvement of the ,executive ,residence at the ,white ,house pursuant to #c ,u4,s4,c4 #aje7;d71 #b1ejj1jjj1 to remain available until expended1 for required maintenance1 resolution of safety and health issues1 and continued preventative maintenance4 ,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 #aidf 7#ae ,u4,s4,c4 #ajba et seq471 #d1jjj1jjj4 ,national ,security ,council and ,homeland ,security ,council ,,salaries ,,and ,,expenses ,for necessary expenses of the ,national ,security ,council and the ,homeland ,security ,council1 including services as authorized by #e ,u4,s4,c4 #caji1 #ab1aej1jjj of which not to exceed #e1jjj shall be available for official reception and representation expenses4 ,office of ,administration ,,salaries ,,and ,,expenses ,for necessary expenses of the ,office of ,administration1 including services as authorized by #e ,u4,s4,c4 #caji and #c ,u4,s4,c4 #ajg1 and hire of passenger motor vehicles1 #ajj1jjj1jjj1 of which not to exceed #ab1hjj1jjj shall remain available until expended for continued modernization of information resources within the ,executive ,office of the ,president4 ,presidential transition administrative support 7,,including ,,transfer ,,of ,,funds7 ,for expenses of the ,office of ,administration to carry out the ,presidential ,transition ,act of #aifc1 as amended1 and similar expenses1 in addition to amounts otherwise appropriated by law1 #h1jjj1jjj3 ,provided1 ,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 ,act1 to carry out such purposes4 ,office of ,management and ,budget ,,salaries ,,and ,,expenses ,for necessary expenses of the ,office of ,management and ,budget1 including hire of passenger motor vehicles and services as authorized by #e ,u4,s4,c4 #caji1 to carry out the provisions of chapter #ce of title #dd1 ,united ,states ,code1 and to prepare and submit the budget of the ,united ,states ,government1 in accordance with section #aaje7;a7 of title #ca1 ,united ,states ,code1 #ajf1fjj1jjj1 of which not to exceed #c1jjj shall be available for official representation expenses3 ,provided1 ,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 #aicg 7#g ,u4,s4,c4 #fja et seq473 ,provided further1 ,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 witnesses1 except for testimony of officials of the ,office of ,management and ,budget1 before the ,committees on ,appropriations or their subcommittees3 ,provided further1 ,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 ,appropriations3 ,provided further1 ,that none of the funds provided in this or prior ,acts shall be used1 directly or indirectly1 by the ,office of ,management and ,budget1 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 laws1 regulations1 and requirements relevant to the ,civil ,works water resource planning process3 ,provided further1 ,that the ,office of ,management and ,budget shall have not more than #fj days in which to perform budgetary policy reviews of water resource matters on which the ,chief of ,engineers has reported3 ,provided further1 ,that the ,director of the ,office of ,management and ,budget shall notify the appropriate authorizing and appropriating committees when the #fj-;day review is initiated3 ,provided further1 ,that if water resource reports have not been transmitted to the appropriate authorizing and appropriating committees within #ae days after the end of the ,office of ,management and ,budget review period based on the notification from the ,director1 ,congress shall assume ,office of ,management and ,budget concurrence with the report and act accordingly4 ,intellectual ,property ,enforcement ,coordinator ,for necessary expenses of the ,office of the ,intellectual ,property ,enforcement ,coordinator1 as authorized by title ,,iii of the ,prioritizing ,resources and ,organization for ,intellectual ,property ,act of #bjjh 7,public ,law #aaj-djc71 including services authorized by #e ,u4,s4,c4 #caji1 #a1hjj1jjj4 ,office of ,national ,drug ,control ,policy ,,salaries ,,and ,,expenses ,for necessary expenses of the ,office of ,national ,drug ,control ,policy2 for research activities pursuant to the ,office of ,national ,drug ,control ,policy ,reauthorization ,act of #aiih1 as amended2 not to exceed #aj1jjj for official reception and representation expenses2 and for participation in joint projects or in the provision of services on matters of mutual interest with nonprofit1 research1 or public organizations or agencies1 with or without reimbursement1 #ah1djj1jjj3 ,provided1 ,that the ,office is authorized to accept1 hold1 administer1 and utilize gifts1 both real and personal1 public and private1 without fiscal year limitation1 for the purpose of aiding or facilitating the work of the ,office4 ,federal drug control programs high intensity drug trafficking areas program 7including transfers of funds7 ,for necessary expenses of the ,office of ,national ,drug ,control ,policy's ,high ,intensity ,drug ,trafficking ,areas ,program1 #bij1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 for drug control activities consistent with the approved strategy for each of the designated ,high ,intensity ,drug ,trafficking ,areas 78,h,i,d,t,as071 of which not less than #ea percent shall be transferred to ,state and local entities for drug control activities and shall be obligated not later than #abj days after enactment of this ,act3 ,provided1 ,that up to #di percent may be transferred to ,federal agencies and departments in amounts determined by the ,director of the ,office of ,national ,drug ,control ,policy1 of which up to #b1gjj1jjj may be used for auditing services and associated activities3 ,provided further1 ,that any unexpended funds obligated prior to fiscal year #bjai may be used for any other approved activities of that ,,hidta1 subject to reprogramming requirements3 ,provided further1 ,that each ,,hidta designated as of ,september #cj1 #bjbj1 shall be funded at not less than the fiscal year #bjbj base level1 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 effectiveness3 ,provided further1 ,that the ,director shall notify the ,committees on ,appropriations of the initial allocation of fiscal year #bjba funding among ,h,i,d,t,as not later than #de days after enactment of this ,act1 and shall notify the ,committees of planned uses of discretionary ,,hidta funding1 as determined in consultation with the ,,hidta ,directors1 not later than #ij days after enactment of this ,act3 ,provided further1 ,that upon a determination that all 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 ,senate1 such amounts may be transferred back to this appropriation4 other federal drug control programs 7including transfers of funds7 ,for other drug control activities authorized by the ,anti-,drug ,abuse ,act of #aihh and the ,office of ,national ,drug ,control ,policy ,reauthorization ,act of #aiih1 as amended1 #abh1ahb1jjj1 to remain available until expended1 which shall be available as follows3 #ajb1jjj1jjj for the ,drug-,free ,communities ,program1 of which #b1ejj1jjj shall be made available as directed by section #d of ,public ,law #ajg-hb1 as amended by section #hbjd of ,public ,law #aae-bga2 #c1jjj1jjj for drug court training and technical assistance2 #ad1jjj1jjj for anti-doping activities2 up to #b1icb1jjj for the ,united ,states membership dues to the ,world ,anti-,doping ,agency2 #a1bej1jjj for the ,model ,acts ,program2 and #e1jjj1jjj for activities authorized by section #ajc of ,public ,law #aad-aih3 ,provided1 ,that amounts made available under this heading may be transferred to other ,federal departments and agencies to carry out such activities3 ,provided further1 ,that the ,director of the ,office of ,national ,drug ,control ,policy shall1 not fewer than #cj days prior to obligating funds under this heading for ,united ,states membership dues to the ,world ,anti-,doping ,agency1 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 funds4 ,unanticipated ,needs ,for expenses necessary to enable the ,president to meet unanticipated needs1 in furtherance of the national interest1 security1 or defense which may arise at home or abroad during the current fiscal year1 as authorized by #c ,u4,s4,c4 #ajh1 #a1jjj1jjj1 to remain available until ,september #cj1 #bjbb4 ,information ,technology ,oversight and ,reform 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses for the furtherance of integrated1 efficient1 secure1 and effective uses of information technology in the ,federal ,government1 #ab1ejj1jjj1 to remain available until expended3 ,provided1 ,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 purposes4 ,special ,assistance to the ,president ,,salaries ,,and ,,expenses ,for necessary expenses to enable the ,vice ,president to provide assistance to the ,president in connection with specially assigned functions2 services as authorized by #e ,u4,s4,c4 #caji and #c ,u4,s4,c4 #ajf1 including subsistence expenses as authorized by #c ,u4,s4,c4 #ajf1 which shall be expended and accounted for as provided in that section2 and hire of passenger motor vehicles1 #d1fih1jjj4 ,official ,residence of the ,vice ,president ,,operating ,,expenses 7,,including ,,transfer ,,of ,,funds7 ,for the care1 operation1 refurnishing1 improvement1 and to the extent not otherwise provided for1 heating and lighting1 including electric power and fixtures1 of the official residence of the ,vice ,president2 the hire of passenger motor vehicles2 and not to exceed #ij1jjj pursuant to #c ,u4,s4,c4 #ajf7;b77#b71 #cjb1jjj3 ,provided1 ,that advances1 repayments1 or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities4 ,administrative ,provisions--,executive ,office of the ,president and ,funds ,appropriated to the ,president 7,,including ,,transfer ,,of ,,funds7 #bja4 ,from funds made available in this ,act under the headings ,the ,white ,house1 ,executive ,residence at the ,white ,house1 ,white ,house ,repair and ,restoration1 ,council of ,economic ,advisers1 ,national ,security ,council and ,homeland ,security ,council1 ,office of ,administration1 ,special ,assistance to the ,president1 and ,official ,residence of the ,vice ,president1 the ,director of the ,office of ,management and ,budget 7or such other officer as the ,president may designate in writing71 may1 with advance approval of the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 transfer not to exceed #aj percent of any such appropriation to any other such appropriation1 to be merged with and available for the same time and for the same purposes as the appropriation to which transferred3 ,provided1 ,that the amount of an appropriation shall not be increased by more than #ej percent by such transfers3 ,provided further1 ,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 ,president4 #bjb4 7a7 ,during fiscal year #bjba1 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 impact1 including costs1 benefits1 and revenues1 of such order or memorandum4 7b7 ,any such statement shall include-- 7#a7 a narrative summary of the budgetary impact of such order or memorandum on the ,federal ,government2 7#b7 the impact on mandatory and discretionary obligations and outlays as the result of such order or memorandum1 listed by ,federal agency1 for each year in the #e-;fiscal-year period beginning in fiscal year #bjba2 and 7#c7 the impact on revenues of the ,federal ,government as the result of such order or memorandum over the #e-;fiscal-year period beginning in fiscal year #bjba4 7c7 ,if an ,executive order or ,presidential memorandum is issued during fiscal year #bjba due to a national emergency1 the ,director of the ,office of ,management and ,budget may issue the statement required by subsection 7a7 not later than #ae days after the date that such order or memorandum is issued4 7d7 ,the requirement for cost estimates for ,presidential memoranda shall only apply for ,presidential memoranda estimated to have a regulatory cost in excess of #ajj1jjj1jjj4 #bjc4 ,not later than #cj days after the date of enactment of this ,act1 the ,director of the ,office of ,management and ,budget shall issue a memorandum to all ,federal departments1 agencies1 and corporations directing compliance with the provisions in title ,,vii of this ,act4 ,this title may be cited as the ,executive ,office of the ,president ,appropriations ,act1 #bjba4 ,,iii ,,the ,,judiciary ,supreme ,court of the ,united ,states ,,salaries ,,and ,,expenses ,for expenses necessary for the operation of the ,supreme ,court1 as required by law1 excluding care of the building and grounds1 including hire of passenger motor vehicles as authorized by #ca ,u4,s4,c4 #acdc and #acdd2 not to exceed #aj1jjj for official reception and representation expenses2 and for miscellaneous expenses1 to be expended as the ,chief ,justice may approve1 #id1fij1jjj1 of which #a1ejj1jjj shall remain available until expended4 ,in addition1 there are appropriated such sums as may be necessary under current law for the salaries of the chief justice and associate justices of the court4 ,,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 #dj ,u4,s4,c4 #faaa and #faab1 #aj1fah1jjj1 to remain available until expended4 ,united ,states ,court of ,appeals for the ,federal ,circuit ,,salaries ,,and ,,expenses ,for salaries of officers and employees1 and for necessary expenses of the court1 as authorized by law1 #cc1ejj1jjj4 ,in addition1 there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and judges of the court4 ,united ,states ,court of ,international ,trade ,,salaries ,,and ,,expenses ,for salaries of officers and employees of the court1 services1 and necessary expenses of the court1 as authorized by law1 #bj1jjj1jjj4 ,in addition1 there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and judges of the court4 ,courts of ,appeals1 ,district ,courts1 and ,other ,judicial ,services ,,salaries ,,and ,,expenses ,for the salaries of judges of the ,united ,states ,court of ,federal ,claims1 magistrate judges1 and all other officers and employees of the ,federal ,judiciary not otherwise specifically provided for1 necessary expenses of the courts1 and the purchase1 rental1 repair1 and cleaning of uniforms for ,probation and ,pretrial ,services ,office staff1 as authorized by law1 #e1cic1gja1jjj 7including the purchase of firearms and ammunition72 of which not to exceed #bg1hag1jjj shall remain available until expended for space alteration projects and for furniture and furnishings related to new space alteration and construction projects4 ,in addition1 there are appropriated such sums as may be necessary under current law for the salaries of circuit and district judges 7including judges of the territorial courts of the ,united ,states71 bankruptcy judges1 and justices and judges retired from office or from regular active service4 ,in addition1 for expenses of the ,united ,states ,court of ,federal ,claims associated with processing cases under the ,national ,childhood ,vaccine ,injury ,act of #aihf 7,public ,law #ii-ffj71 not to exceed #i1ijj1jjj1 to be appropriated from the ,vaccine ,injury ,compensation ,trust ,fund4 ,,defender ,,services ,for the operation of ,federal ,defender organizations2 the compensation and reimbursement of expenses of attorneys appointed to represent persons under #ah ,u4,s4,c4 #cjjf;,a and #ceii1 and for the compensation and reimbursement of expenses of persons furnishing investigative1 expert1 and other services for such representations as authorized by law2 the compensation 7in accordance with the maximums under #ah ,u4,s4,c4 #cjjf;,a7 and reimbursement of expenses of attorneys appointed to assist the court in criminal cases where the defendant has waived representation by counsel2 the compensation and reimbursement of expenses of attorneys appointed to represent jurors in civil actions for the protection of their employment1 as authorized by #bh ,u4,s4,c4 #ahge7;d77#a72 the compensation and reimbursement of expenses of attorneys appointed under #ah ,u4,s4,c4 #ihc7;b77#a7 in connection with certain judicial civil forfeiture proceedings2 the compensation and reimbursement of travel expenses of guardians ad litem appointed under #ah ,u4,s4,c4 #dajj7;b72 and for necessary training and general administrative expenses1 #a1caf1bdj1jjj1 to remain available until expended4 ,,fees ,,of ,,jurors ,,and ,,commissioners ,for fees and expenses of jurors as authorized by #bh ,u4,s4,c4 #ahga and #ahgf2 compensation of jury commissioners as authorized by #bh ,u4,s4,c4 #ahfc2 and compensation of commissioners appointed in condemnation cases pursuant to rule #ga4a7;h7 of the ,federal ,rules of ,civil ,procedure 7#bh ,u4,s4,c4 ,appendix ,rule #ga4a7;h771 #cb1eag1jjj1 to remain available until expended3 ,provided1 ,that the compensation of land commissioners shall not exceed the daily equivalent of the highest rate payable under #e ,u4,s4,c4 #eccb4 ,,court ,,security 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses1 not otherwise provided for1 incident to the provision of protective guard services for ,united ,states courthouses and other facilities housing ,federal court operations1 and the procurement1 installation1 and maintenance of security systems and equipment for ,united ,states courthouses and other facilities housing ,federal court operations1 including building ingress-egress control1 inspection of mail and packages1 directed security patrols1 perimeter security1 basic security services provided by the ,federal ,protective ,service1 and other similar activities as authorized by section #ajaj of the ,judicial ,improvement and ,access to ,justice ,act 7,public ,law #ajj-gjb71 #ffd1jaa1jjj1 of which not to exceed #bj1jjj1jjj shall remain available until expended1 to be expended directly or transferred to the ,united ,states ,marshals ,service1 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 ,general4 ,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 law1 including travel as authorized by #ca ,u4,s4,c4 #acde1 hire of a passenger motor vehicle as authorized by #ca ,u4,s4,c4 #acdc7;b71 advertising and rent in the ,district of ,columbia and elsewhere1 #ie1fge1jjj1 of which not to exceed #h1ejj is authorized for official reception and representation expenses4 ,federal ,judicial ,center ,,salaries ,,and ,,expenses ,for necessary expenses of the ,federal ,judicial ,center1 as authorized by ,public ,law #ij-bai1 #bi1jae1jjj2 of which #a1hjj1jjj shall remain available through ,september #cj1 #bjbb1 to provide education and training to ,federal court personnel2 and of which not to exceed #a1ejj is authorized for official reception and representation expenses4 ,united ,states ,sentencing ,commission ,,salaries ,,and ,,expenses ,for the salaries and expenses necessary to carry out the provisions of chapter #eh of title #bh1 ,united ,states ,code1 #ai1ife1jjj1 of which not to exceed #a1jjj is authorized for official reception and representation expenses4 ,administrative ,provisions--,the ,judiciary 7,,including ,,transfer ,,of ,,funds7 #cja4 ,appropriations and authorizations made in this title which are available for salaries and expenses shall be available for services as authorized by #e ,u4,s4,c4 #caji4 #cjb4 ,not to exceed #e percent of any appropriation made available for the current fiscal year for the ,judiciary in this ,act may be transferred between such appropriations1 but no such appropriation1 except ,courts of ,appeals1 ,district ,courts1 and ,other ,judicial ,services1 ,defender ,services and ,courts of ,appeals1 ,district ,courts1 and ,other ,judicial ,services1 ,fees of ,jurors and ,commissioners1 shall be increased by more than #aj percent by any such transfers3 ,provided1 ,that any transfer pursuant to this section shall be treated as a reprogramming of funds under sections #fjd and #fjh of this ,act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in section #fjh4 #cjc4 ,notwithstanding any other provision of law1 the salaries and expenses appropriation for ,courts of ,appeals1 ,district ,courts1 and ,other ,judicial ,services shall be available for official reception and representation expenses of the ,judicial ,conference of the ,united ,states3 ,provided1 ,that such available funds shall not exceed #aa1jjj and shall be administered by the ,director of the ,administrative ,office of the ,united ,states ,courts in the capacity as ,secretary of the ,judicial ,conference4 #cjd4 ,section #ccae7;a7 of title #dj1 ,united ,states ,code1 shall be applied by substituting ,federal for executive each place it appears4 #cje4 ,in accordance with #bh ,u4,s4,c4 #efa-efi1 and notwithstanding any other provision of law1 the ,united ,states ,marshals ,service shall provide1 for such courthouses as its ,director may designate in consultation with the ,director of the ,administrative ,office of the ,united ,states ,courts1 for purposes of a pilot program1 the security services that #dj ,u4,s4,c4 #acae authorizes the ,department of ,homeland ,security to provide1 except for the services specified in #dj ,u4,s4,c4 #acae7;b77#b77;,e74 ,for building-specific security services at these courthouses1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall reimburse the ,united ,states ,marshals ,service rather than the ,department of ,homeland ,security4 #cjf4 7a7 ,section #bjc7;c7 of the ,judicial ,improvements ,act of #aiij 7,public ,law #aja-fej2 #bh ,u4,s4,c4 #acc note71 is amended in the matter following paragraph #ab-- 7#a7 in the second sentence 7relating to the ,district of ,kansas71 by striking #bi years and #f months and inserting #cj years and #f months2 and 7#b7 in the sixth sentence 7relating to the ,district of ,hawaii71 by striking #bf years and #f months and inserting #bg years and #f months4 7b7 ,section #djf of the ,transportation1 ,treasury1 ,housing and ,urban ,development1 the ,judiciary1 the ,district of ,columbia1 and ,independent ,agencies ,appropriations ,act1 #bjjf 7,public ,law #aji-aae2 #aai ,stat4 #bdgj2 #bh ,u4,s4,c4 #acc note7 is amended in the second sentence 7relating to the eastern ,district of ,missouri7 by striking #bg years and #f months and inserting #bh years and #f months4 7c7 ,section #cab7;c77#b7 of the #bast ,century ,department of ,justice ,appropriations ,authorization ,act 7,public ,law #ajg-bgc2 #bh ,u4,s4,c4 #acc note71 is amended-- 7#a7 in the first sentence by striking #ah years and inserting #ai years2 7#b7 in the second sentence 7relating to the central ,district of ,california71 by striking #ag years and #f months and inserting #ah years and #f months2 and 7#c7 in the third sentence 7relating to the western district of ,north ,carolina71 by striking #af years and inserting #ag years4 ,this title may be cited as the ,judiciary ,appropriations ,act1 #bjba4 ,,iv ,district of ,columbia ,federal ,funds federal payment for resident tuition support ,for a ,federal payment to the ,district of ,columbia1 to be deposited into a dedicated account1 for a nationwide program to be administered by the ,mayor1 for ,district of ,columbia resident tuition support1 #dj1jjj1jjj1 to remain available until expended3 ,provided1 ,that such funds1 including any interest accrued thereon1 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 education1 or to pay up to #b1ejj each year at eligible private institutions of higher education3 ,provided further1 ,that the awarding of such funds may be prioritized on the basis of a resident's academic merit1 the income and need of eligible students and such other factors as may be authorized3 ,provided further1 ,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 appropriations1 any unobligated balances from prior fiscal years1 and any interest earned in this or any fiscal year3 ,provided further1 ,that the account shall be under the control of the ,district of ,columbia ,chief ,financial ,officer1 who shall use those funds solely for the purposes of carrying out the ,resident ,tuition ,support ,program3 ,provided further1 ,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 showing1 by object class1 the expenditures made and the purpose therefor4 ,,federal ,,payment ,,for ,,emergency ,,planning ,,and ,,security ,,costs ,,in ,,the ,,district ,,of ,,columbia ,for a ,federal payment of necessary expenses1 as determined by the ,mayor of the ,district of ,columbia in written consultation with the elected county or city officials of surrounding jurisdictions1 #ch1djj1jjj1 to remain available until expended1 for an additional amount for fiscal year #bjba1 for the costs of providing public safety at events related to the presence of the ,national ,capital in the ,district of ,columbia1 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 ,security1 and for the costs of providing support to respond to immediate and specific terrorist threats or attacks in the ,district of ,columbia or surrounding jurisdictions3 ,provided1 ,that1 of the amount provided under this heading in this ,act1 #ba1hgb1cgb shall be used for costs associated with the ,presidential ,inauguration held in ,january #bjba1 and shall be in addition to the amount made available for this purpose in section #aca of the ,continuing ,appropriations ,act1 #bjba and ,other ,extensions ,act 7,public ,law #aaf-aei74 ,,federal ,,payment ,,to ,,the ,,district ,,of ,,columbia ,,courts ,for salaries and expenses for the ,district of ,columbia ,courts1 #bej1jhh1jjj to be allocated as follows3 for the ,district of ,columbia ,court of ,appeals1 #ad1fhb1jjj1 of which not to exceed #b1ejj is for official reception and representation expenses2 for the ,superior ,court of the ,district of ,columbia1 #abe1ffj1jjj1 of which not to exceed #b1ejj is for official reception and representation expenses2 for the ,district of ,columbia ,court ,system1 #gi1bdg1jjj1 of which not to exceed #b1ejj is for official reception and representation expenses2 and #cj1dii1jjj1 to remain available until ,september #cj1 #bjbb1 for capital improvements for ,district of ,columbia courthouse facilities3 ,provided1 ,that funds made available for capital improvements shall be expended consistent with the ,district of ,columbia ,courts master plan study and facilities condition assessment3 ,provided further1 ,that1 in addition to the amounts appropriated herein1 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 appropriation1 to remain available until expended1 for salaries and expenses associated with such activities1 notwithstanding section #dej of the ,district of ,columbia ,home ,rule ,act 7,d4,c4 ,official ,code1 sec4 #a-bjd4ej73 ,provided further1 ,that notwithstanding any other provision of law1 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 agencies3 ,provided further1 ,that #cj days after providing written notice to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 the ,district of ,columbia ,courts may reallocate not more than #i1jjj1jjj of the funds provided under this heading among the items and entities funded under this heading3 ,provided further1 ,that the ,joint ,committee on ,judicial ,administration in the ,district of ,columbia may1 by regulation1 establish a program substantially similar to the program set forth in subchapter ,,ii of chapter #ce of title #e1 ,united ,states ,code1 for employees of the ,district of ,columbia ,courts4 ,,federal ,,payment ,,for ,,defender ,,services ,,in ,,district ,,of ,,columbia ,,courts ,for payments authorized under section #aa-bfjd and section #aa-bfje1 ,d4,c4 ,official ,code 7relating to representation provided under the ,district of ,columbia ,criminal ,justice ,act71 payments for counsel appointed in proceedings in the ,family ,court of the ,superior ,court of the ,district of ,columbia under chapter #bc of title #af1 ,d4,c4 ,official ,code1 or pursuant to contractual agreements to provide guardian ad litem representation1 training1 technical assistance1 and such other services as are necessary to improve the quality of guardian ad litem representation1 payments for counsel appointed in adoption proceedings under chapter #c of title #af1 ,d4,c4 ,official ,code1 and payments authorized under section #ba-bjfj1 ,d4,c4 ,official ,code 7relating to services provided under the ,district of ,columbia ,guardianship1 ,protective ,proceedings1 and ,durable ,power of ,attorney ,act of #aihf71 #df1jje1jjj1 to remain available until expended3 ,provided1 ,that funds provided under this heading shall be administered by the ,joint ,committee on ,judicial ,administration in the ,district of ,columbia3 ,provided further1 ,that1 notwithstanding any other provision of law1 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 agencies4 federal payment to the court services and offender supervision agency for the ,district of ,columbia ,for salaries and expenses1 including the transfer and hire of motor vehicles1 of the ,court ,services and ,offender ,supervision ,agency for the ,district of ,columbia1 as authorized by the ,national ,capital ,revitalization and ,self-,government ,improvement ,act of #aiig1 #bde1ibc1jjj1 of which not to exceed #b1jjj is for official reception and representation expenses related to ,community ,supervision and ,pretrial ,services ,agency programs1 and of which not to exceed #be1jjj is for dues and assessments relating to the implementation of the ,court ,services and ,offender ,supervision ,agency ,interstate ,supervision ,act of #bjjb3 ,provided 1 ,that1 of the funds appropriated under this heading1 #agi1ahj1jjj shall be for necessary expenses of ,community ,supervision and ,sex ,offender ,registration1 to include expenses relating to the supervision of adults subject to protection orders or the provision of services for or related to such persons3 ,provided further 1 ,that1 of the funds appropriated under this heading1 #ff1gdc1jjj shall be available to the ,pretrial ,services ,agency1 of which #dei1jjj shall remain available until ,september #cj1 #bjbc1 for costs associated with relocation under a replacement lease for headquarters offices1 field offices1 and related facilities3 ,provided further 1 ,that notwithstanding any other provision of law1 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 agencies3 ,provided further 1 ,that amounts under this heading may be used for programmatic incentives for defendants to successfully complete their terms of supervision4 ,,federal ,,payment ,,to ,,the ,,district ,,of ,,columbia ,,public ,,defender ,,service ,for salaries and expenses1 including the transfer and hire of motor vehicles1 of the ,district of ,columbia ,public ,defender ,service1 as authorized by the ,national ,capital ,revitalization and ,self-,government ,improvement ,act of #aiig1 #df1bab1jjj3 ,provided1 ,that notwithstanding any other provision of law1 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 agencies3 ,provided further1 ,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 #ce of title #e1 ,united ,states ,code1 except that the maximum amount of the payment made under the program to any individual may not exceed the amount referred to in section #cebc7;b77#c77;,b7 of title #e1 ,united ,states ,code3 ,provided further1 ,that for the purposes of engaging with1 and receiving services from1 ,federal ,franchise ,fund ,programs established in accordance with section #djc of the ,government ,management ,reform ,act of #aiid1 as amended1 the ,district of ,columbia ,public ,defender ,service shall be considered an agency of the ,united ,states ,government4 federal payment to the criminal justice coordinating council ,for a ,federal payment to the ,criminal ,justice ,coordinating ,council1 #b1aej1jjj1 to remain available until expended1 to support initiatives related to the coordination of ,federal and local criminal justice resources in the ,district of ,columbia4 ,federal ,payment for ,judicial ,commissions ,for a ,federal payment1 to remain available until ,september #cj1 #bjbb1 to the ,commission on ,judicial ,disabilities and ,tenure1 #cbe1jjj1 and for the ,judicial ,nomination ,commission1 #bge1jjj4 ,,federal ,,payment ,,for ,,school ,,improvement ,for a ,federal payment for a school improvement program in the ,district of ,columbia1 #eb1ejj1jjj1 to remain available until expended1 for payments authorized under the ,scholarships for ,opportunity and ,results ,act 7division ,c of ,public ,law #aab-aj73 ,provided1 ,that1 to the extent that funds are available for opportunity scholarships and following the priorities included in section #cjjf of such ,act1 the ,secretary of ,education shall make scholarships available to students eligible under section #cjac7c7 of such ,act 7,public ,law #aab-aj2 #abe ,stat4 #baa7 including students who were not offered a scholarship during any previous school year3 ,provided further1 ,that within funds provided for opportunity scholarships up to #a1gej1jjj shall be for the activities specified in sections #cjjg7;b7 through #cjjg7;d7 of the ,act and up to #ejj1jjj shall be for the activities specified in section #cjji of the ,act4 ,,federal ,,payment ,,for ,,the ,,district ,,of ,,columbia ,,national ,,guard ,for a ,federal payment to the ,district of ,columbia ,national ,guard1 #fjj1jjj1 to remain available until expended for the ,major ,general ,david ,f4 ,wherley1 ,jr4 ,district of ,columbia ,national ,guard ,retention and ,college ,access ,program4 federal payment for testing and treatment of hiv_/aids ,for a ,federal payment to the ,district of ,columbia for the testing of individuals for1 and the treatment of individuals with1 human immunodeficiency virus and acquired immunodeficiency syndrome in the ,district of ,columbia1 #d1jjj1jjj4 ,,federal ,,payment ,,to ,,the ,,district ,,of ,,columbia ,,water ,,and ,,sewer ,,authority ,for a ,federal payment to the ,district of ,columbia ,water and ,sewer ,authority1 #h1jjj1jjj1 to remain available until expended1 to continue implementation of the ,combined ,sewer ,overflow ,long-,term ,plan3 ,provided1 ,that the ,district of ,columbia ,water and ,sewer ,authority provides a #ajj percent match for this payment4 ,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 7,general ,fund7 for programs and activities set forth in the ,fiscal ,year #bjba ,local ,budget ,act of #bjbj 7,d4,c4 ,act #bc-djh7 and at rates set forth under such ,act1 as amended as of the date of enactment of this ,act3 ,provided1 ,that notwithstanding any other provision of law1 except as provided in section #dej;,a of the ,district of ,columbia ,home ,rule ,act 7section #a-bjd4ej;a1 ,d4,c4 ,official ,code71 sections #haf and #hag of the ,financial ,services and ,general ,government ,appropriations ,act1 #bjji 7secs4 #dg-cfi4ja and #dg-cfi4jb1 ,d4,c4 ,official ,code71 and provisions of this ,act1 the total amount appropriated in this ,act for operating expenses for the ,district of ,columbia for fiscal year #bjba under this heading shall not exceed the estimates included in the ,fiscal ,year #bjba ,local ,budget ,act of #bjbj1 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 year3 ,provided further1 ,that the amount appropriated may be increased by proceeds of one-time transactions1 which are expended for emergency or unanticipated operating or capital needs3 ,provided further1 ,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 ,act3 ,provided further1 ,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 requirements1 including the apportioning by the ,chief ,financial ,officer of the appropriations and funds made available to the ,district during fiscal year #bjba1 except that the ,chief ,financial ,officer may not reprogram for operating expenses any funds derived from bonds1 notes1 or other obligations issued for capital projects4 ,this title may be cited as the ,district of ,columbia ,appropriations ,act1 #bjba4 ,v ,,independent ,,agencies ,administrative ,conference of the ,united ,states salaries and expenses ,for necessary expenses of the ,administrative ,conference of the ,united ,states1 authorized by #e ,u4,s4,c4 #eia et seq41 #c1djj1jjj1 to remain available until ,september #cj1 #bjbb1 of which not to exceed #a1jjj is for official reception and representation expenses4 ,commodity ,futures ,trading ,commission 7including transfers of funds7 ,for necessary expenses to carry out the provisions of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #a et seq471 including the purchase and hire of passenger motor vehicles1 and the rental of space 7to include multiple year leases71 in the ,district of ,columbia and elsewhere1 #cjd1jjj1jjj1 including not to exceed #c1jjj for official reception and representation expenses1 and not to exceed #be1jjj for the expenses for consultations and meetings hosted by the ,commission with foreign governmental and other regulatory officials1 of which not less than #bj1jjj1jjj shall remain available until ,september #cj1 #bjbb1 and of which not less than #c1efh1jjj shall be for expenses of the ,office of the ,inspector ,general3 ,provided1 ,that notwithstanding the limitations in #ca ,u4,s4,c4 #aeec1 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 ,act3 ,provided further1 ,that for the purpose of recording and liquidating any lease obligations that should have been recorded and liquidated against accounts closed pursuant to #ca ,u4,s4,c4 #aeeb1 and consistent with the preceding proviso1 such amounts shall be transferred to and recorded in a no-year account in the ,treasury1 which has been established for the sole purpose of recording adjustments for and liquidating such unpaid obligations4 ,consumer ,product ,safety ,commission salaries and expenses ,for necessary expenses of the ,consumer ,product ,safety ,commission1 including hire of passenger motor vehicles1 services as authorized by #e ,u4,s4,c4 #caji1 but at rates for individuals not to exceed the per diem rate equivalent to the maximum rate payable under #e ,u4,s4,c4 #ecgf1 purchase of nominal awards to recognize non-,federal officials' contributions to ,commission activities1 and not to exceed #d1jjj for official reception and representation expenses1 #ace1jjj1jjj1 of which #a1cjj1jjj shall remain available until expended to carry out the program1 including administrative costs1 required by section #adje of the ,virginia ,graeme ,baker ,pool and ,spa ,safety ,act 7,public ,law #aaj-adj2 #ae ,u4,s4,c4 #hjjd74 ,,administrative ,,provision--,,consumer ,,product ,,safety ,,commission #eja4 ,during fiscal year #bjba1 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 #ai1 #bjad 7#gi ,fed4 ,reg4 #fhifd7 until after-- 7#a7 the ,national ,academy of ,sciences1 in consultation with the ,national ,highway ,traffic ,safety ,administration and the ,department of ,defense1 completes a study to determine-- 7,a7 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 7referred to in this section as ,,rov7 rollovers in the off-road environment1 including the repeatability and reproducibility of testing for compliance with such requirements2 7,b7 the number of ,,rov rollovers that would be prevented if the proposed requirements were adopted2 7,c7 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 scale2 and 7,d7 the effect on the utility of ,r,o,vs used by the ,united ,states military if the proposed requirements were adopted2 and 7#b7 a report containing the results of the study completed under paragraph 7#a7 is delivered to-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,b7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7,c7 the ,committee on ,appropriations of the ,senate2 and 7,d7 the ,committee on ,appropriations of the ,house of ,representatives4 ,election assistance commission ,,salaries ,,and ,,expenses 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses to carry out the ,help ,america ,vote ,act of #bjjb 7,public ,law #ajg-beb71 #ag1jjj1jjj1 of which #a1ejj1jjj shall be transferred to the ,national ,institute of ,standards and ,technology for election reform activities authorized under the ,help ,america ,vote ,act of #bjjb4 ,federal communications commission ,,salaries ,,and ,,expenses ,for necessary expenses of the ,federal ,communications ,commission1 as authorized by law1 including uniforms and allowances therefor1 as authorized by #e ,u4,s4,c4 #eija-eijb2 not to exceed #d1jjj for official reception and representation expenses2 purchase and hire of motor vehicles2 special counsel fees2 and services as authorized by #e ,u4,s4,c4 #caji1 #cda1jjj1jjj1 to remain available until expended3 ,provided1 ,that in addition1 #cc1jjj1jjj1 shall be made available until expended for implementing title ,,viii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fda et seq471 as added by the ,broadband ,,data ,act 7,public ,law #aaf-acj73 ,provided further1 ,that #cgd1jjj1jjj of offsetting collections shall be assessed and collected pursuant to section #i of title ,i of the ,communications ,act of #aicd1 shall be retained and used for necessary expenses and shall remain available until expended3 ,provided further1 ,that the sum herein appropriated shall be reduced as such offsetting collections are received during fiscal year #bjba so as to result in a final fiscal year #bjba appropriation estimated at #j3 ,provided further1 ,that1 notwithstanding #dg ,u4,s4,c4 #cji7;j77#h77;,b71 proceeds from the use of a competitive bidding system that may be retained and made available for obligation shall not exceed #acd1die1jjj for fiscal year #bjba3 ,provided further1 ,that1 of the amount appropriated under this heading1 not less than #aa1cbf1hjj shall be for the salaries and expenses of the ,office of ,inspector ,general4 ,,administrative ,,provisions--,,federal ,,communications ,,commission #eaj4 ,section #cjb of the ,universal ,service ,antideficiency ,temporary ,suspension ,act is amended by striking ,december #ca1 #bjbj each place it appears and inserting ,december #ca1 #bjba4 #eaa4 ,none of the funds appropriated by this ,act may be used by the ,federal ,communications ,commission to modify1 amend1 or change its rules or regulations for universal service support payments to implement the ,february #bg1 #bjjd1 recommendations of the ,federal-,state ,joint ,board on ,universal ,service regarding single connection or primary line restrictions on universal service support payments4 ,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 #aigh1 #db1ihb1jjj1 to be derived from the ,deposit ,insurance ,fund or1 only when appropriate1 the ,,fslic ,resolution ,fund4 ,federal election commission ,,salaries ,,and ,,expenses ,for necessary expenses to carry out the provisions of the ,federal ,election ,campaign ,act of #aiga1 #ga1dig1jjj1 of which not to exceed #e1jjj shall be available for reception and representation expenses4 ,federal labor relations authority ,,salaries ,,and ,,expenses ,for necessary expenses to carry out functions of the ,federal ,labor ,relations ,authority1 pursuant to ,reorganization ,plan ,numbered #b of #aigh1 and the ,civil ,service ,reform ,act of #aigh1 including services authorized by #e ,u4,s4,c4 #caji1 and including hire of experts and consultants1 hire of passenger motor vehicles1 and including official reception and representation expenses 7not to exceed #a1ejj7 and rental of conference rooms in the ,district of ,columbia and elsewhere1 #bf1fjj1jjj3 ,provided1 ,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 7#e ,u4,s4,c4 #egjc7 for persons employed intermittently in the ,government service1 and compensation as authorized by #e ,u4,s4,c4 #caji3 ,provided further1 ,that1 notwithstanding #ca ,u4,s4,c4 #ccjb1 funds received from fees charged to non-,federal participants at labor-management relations conferences shall be credited to and merged with this account1 to be available without further appropriation for the costs of carrying out these conferences4 ,federal permitting improvement steering council ,,environmental ,,review ,,improvement ,,fund 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses of the ,environmental ,review ,improvement ,fund established pursuant to #db ,u4,s4,c4 #dcgjm-#h7;d71 #aj1jjj1jjj1 to remain available until expended3 ,provided1 ,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 account4 ,federal ,trade ,commission salaries and expenses ,for necessary expenses of the ,federal ,trade ,commission1 including uniforms or allowances therefor1 as authorized by #e ,u4,s4,c4 #eija-eijb2 services as authorized by #e ,u4,s4,c4 #caji2 hire of passenger motor vehicles2 and not to exceed #b1jjj for official reception and representation expenses1 #cea1jjj1jjj1 to remain available until expended3 ,provided1 ,that not to exceed #cjj1jjj shall be available for use to contract with a person or persons for collection services in accordance with the terms of #ca ,u4,s4,c4 #cgah3 ,provided further1 ,that1 notwithstanding any other provision of law1 not to exceed #aej1jjj1jjj of offsetting collections derived from fees collected for premerger notification filings under the ,hart-,scott-,rodino ,antitrust ,improvements ,act of #aigf 7#ae ,u4,s4,c4 #ah;a71 regardless of the year of collection1 shall be retained and used for necessary expenses in this appropriation3 ,provided further1 ,that1 notwithstanding any other provision of law1 not to exceed #ai1jjj1jjj in offsetting collections derived from fees sufficient to implement and enforce the ,telemarketing ,sales ,rule1 promulgated under the ,telemarketing and ,consumer ,fraud and ,abuse ,prevention ,act 7#ae ,u4,s4,c4 #faja et seq471 shall be credited to this account1 and be retained and used for necessary expenses in this appropriation3 ,provided further1 ,that the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year #bjba1 so as to result in a final fiscal year #bjba appropriation from the general fund estimated at not more than #ahb1jjj1jjj3 ,provided further1 ,that none of the funds made available to the ,federal ,trade ,commission may be used to implement subsection 7e77#b77;,b7 of section #dc of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahcat74 ,general ,services ,administration real property activities federal buildings fund limitations on availability of revenue 7including transfers of funds7 ,amounts in the ,fund1 including revenues and collections deposited into the ,fund1 shall be available for necessary expenses of real property management and related activities not otherwise provided for1 including operation1 maintenance1 and protection of federally owned and leased buildings2 rental of buildings in the ,district of ,columbia2 restoration of leased premises2 moving governmental agencies 7including space adjustments and telecommunications relocation expenses7 in connection with the assignment1 allocation1 and transfer of space2 contractual services incident to cleaning or servicing buildings1 and moving2 repair and alteration of federally owned buildings1 including grounds1 approaches1 and appurtenances2 care and safeguarding of sites2 maintenance1 preservation1 demolition1 and equipment2 acquisition of buildings and sites by purchase1 condemnation1 or as otherwise authorized by law2 acquisition of options to purchase buildings and sites2 conversion and extension of federally owned buildings2 preliminary planning and design of projects by contract or otherwise2 construction of new buildings 7including equipment for such buildings72 and payment of principal1 interest1 and any other obligations for public buildings acquired by installment purchase and purchase contract2 in the aggregate amount of #i1jfe1dhi1jjj1 of which-- 7#a7 #bcj1jjj1jjj shall remain available until expended for construction and acquisition 7including funds for sites and expenses1 and associated design and construction services7 as follows3 7,a7 #ace1ejj1jjj shall be for the ,united ,states ,courthouse1 ,hartford1 ,connecticut2 and 7,b7 #id1ejj1jjj shall be for the ,united ,states ,courthouse1 ,chattanooga1 ,tennessee3 ,provided1 ,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 projects1 but not to exceed #aj percent of the amounts included in a transmitted prospectus1 if required1 unless advance approval is obtained from the ,committees on ,appropriations of a greater amount2 7#b7 #egf1eha1jjj shall remain available until expended for repairs and alterations1 including associated design and construction services1 of which-- 7,a7 #bjc1ijh1jjj is for ,major ,repairs and ,alterations2 and 7,b7 #cgb1fgc1jjj is for ,basic ,repairs and ,alterations3 ,provided1 ,that funds made available in this or any previous ,act in the ,federal ,buildings ,fund for ,repairs and ,alterations shall1 for prospectus projects1 be limited to the amount identified for each project1 except each project in this or any previous ,act may be increased by an amount not to exceed #aj percent unless advance approval is obtained from the ,committees on ,appropriations of a greater amount3 ,provided further1 ,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 ,appropriations3 ,provided further1 ,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 ,senate3 ,provided further1 ,that the difference between the funds appropriated and expended on any projects in this or any prior ,act1 under the heading ,repairs and ,alterations1 may be transferred to ,basic ,repairs and ,alterations or used to fund authorized increases in prospectus projects3 ,provided further1 ,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 projects2 7#c7 #e1gbe1dfd1jjj for rental of space to remain available until expended2 and 7#d7 #b1ecc1ddd1jjj for building operations to remain available until expended3 ,provided1 ,that the total amount of funds made available from this ,fund to the ,general ,services ,administration shall not be available for expenses of any construction1 repair1 alteration and acquisition project for which a prospectus1 if required by #dj ,u4,s4,c4 #ccjg7;a71 has not been approved1 except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus3 ,provided further1 ,that funds available in the ,federal ,buildings ,fund may be expended for emergency repairs when advance approval is obtained from the ,committees on ,appropriations3 ,provided further1 ,that amounts necessary to provide reimbursable special services to other agencies under #dj ,u4,s4,c4 #eib7;b77#b7 and amounts to provide such reimbursable fencing1 lighting1 guard booths1 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 #ah ,u4,s4,c4 #cjef1 shall be available from such revenues and collections3 ,provided further1 ,that revenues and collections and any other sums accruing to this ,fund during fiscal year #bjba1 excluding reimbursements under #dj ,u4,s4,c4 #eib7;b77#b71 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 ,acts4 ,,general ,,activities ,,government-,,wide ,,policy ,for expenses authorized by law1 not otherwise provided for1 for ,government-wide policy and evaluation activities associated with the management of real and personal property assets and certain administrative services2 ,government-wide policy support responsibilities relating to acquisition1 travel1 motor vehicles1 information technology management1 and related technology activities2 and services as authorized by #e ,u4,s4,c4 #caji2 #fd1jjj1jjj4 ,,operating ,,expenses ,for expenses authorized by law1 not otherwise provided for1 for ,government-wide activities associated with utilization and donation of surplus personal property2 disposal of real property2 agency-wide policy direction1 management1 and communications2 and services as authorized by #e ,u4,s4,c4 #caji2 #di1ddj1jjj1 of which #bf1hij1jjj is for ,real and ,personal ,property ,management and ,disposal2 and of which #bb1eej1jjj is for the ,office of the ,administrator1 of which not to exceed #g1ejj is for official reception and representation expenses4 civilian board of contract appeals ,for expenses authorized by law1 not otherwise provided for1 for the activities associated with the ,civilian ,board of ,contract ,appeals1 #i1cja1jjj1 of which #b1jjj1jjj shall remain available until ,september #cj1 #bjbb4 ,,office ,,of ,,inspector ,,general ,for necessary expenses of the ,office of ,inspector ,general and service authorized by #e ,u4,s4,c4 #caji1 #fg1jjj1jjj3 ,provided1 ,that not to exceed #ej1jjj shall be available for payment for information and detection of fraud against the ,government1 including payment for recovery of stolen ,government property3 ,provided further1 ,that not to exceed #b1ejj 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 effectiveness4 ,,allowances ,,and ,,office ,,staff ,,for ,,former ,,presidents ,for carrying out the provisions of the ,act of ,august #be1 #aieh 7#c ,u4,s4,c4 #ajb note71 and ,public ,law #ie-ach1 #d1djj1jjj4 ,federal citizen services fund 7including transfer of funds7 ,for necessary expenses of the ,office of ,products and ,programs1 including services authorized by #dj ,u4,s4,c4 #cbc and #dd ,u4,s4,c4 #cfjd2 and for necessary expenses in support of interagency projects that enable the ,federal ,government to enhance its ability to conduct activities electronically1 through the development and implementation of innovative uses of information technology2 #ee1jjj1jjj1 to be deposited into the ,federal ,citizen ,services ,fund3 ,provided1 ,that the previous amount may be transferred to ,federal agencies to carry out the purpose of the ,federal ,citizen ,services ,fund3 ,provided further1 ,that the appropriations1 revenues1 reimbursements1 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 #ajj1jjj1jjj3 ,provided further1 ,that appropriations1 revenues1 reimbursements1 and collections accruing to this ,fund during fiscal year #bjba in excess of such amount shall remain in the ,fund and shall not be available for expenditure except as authorized in appropriations ,acts3 ,provided further1 ,that1 of the total amount appropriated1 up to #e1jjj1jjj 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 7,public ,law #aae-dce73 ,provided further1 ,that the transfer authorities provided herein shall be in addition to any other transfer authority provided in this ,act4 ,,expenses1 ,,presidential ,,transition 7,,including ,,transfers ,,of ,,funds7 ,for necessary expenses to carry out the ,presidential ,transition ,act of #aifc 7#c ,u4,s4,c4 #ajb note7 and #dj ,u4,s4,c4 #eha7;e71 #i1ijj1jjj1 of which not to exceed #a1jjj1jjj is for activities authorized by sections #c7;a77#h7 and #c7;a77#i7 of the ,act3 ,provided1 ,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 #bjbj3 ,provided further1 ,that amounts available under this heading shall be in addition to any other amounts available for such purposes3 ,provided further1 ,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 ,president1 #h1ijj1jjj is hereby permanently rescinded1 pursuant to section #c7;g7 of the ,presidential ,transition ,act of #aifc4 ,,technology ,,modernization ,,fund ,for the ,technology ,modernization ,fund1 #be1jjj1jjj1 to remain available until expended1 for technology-related modernization activities4 ,,asset ,,proceeds ,,and ,,space ,,management ,,fund ,for carrying out section #af7;b7 of the ,federal ,assets ,sale and ,transfer ,act of #bjaf 7#dj ,u4,s4,c4 #acjc note71 #af1jjj1jjj1 to remain available until expended4 ,,administrative ,,provisions--,,general ,,services ,,administration 7,,including ,,transfer ,,of ,,funds7 #ebj4 ,funds available to the ,general ,services ,administration shall be available for the hire of passenger motor vehicles4 #eba4 ,funds in the ,federal ,buildings ,fund made available for fiscal year #bjba for ,federal ,buildings ,fund activities may be transferred between such activities only to the extent necessary to meet program requirements3 ,provided1 ,that any proposed transfers shall be approved in advance by the ,committees on ,appropriations of the ,house of ,representatives and the ,senate4 #ebb4 ,except as otherwise provided in this title1 funds made available by this ,act shall be used to transmit a fiscal year #bjbb request for ,united ,states ,courthouse construction only if the request3 7#a7 meets the design guide standards for construction as established and approved by the ,general ,services ,administration1 the ,judicial ,conference of the ,united ,states1 and the ,office of ,management and ,budget2 7#b7 reflects the priorities of the ,judicial ,conference of the ,united ,states as set out in its approved ,courthouse ,project ,priorities plan2 and 7#c7 includes a standardized courtroom utilization study of each facility to be constructed1 replaced1 or expanded4 #ebc4 ,none of the funds provided in this ,act may be used to increase the amount of occupiable square feet1 provide cleaning services1 security enhancements1 or any other service usually provided through the ,federal ,buildings ,fund1 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 #aigb 7,public ,law #ib-cac74 #ebd4 ,from funds made available under the heading ,federal ,buildings ,fund1 ,limitations on ,availability of ,revenue1 claims against the ,government of less than #bej1jjj 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 ,senate4 #ebe4 ,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 #dj ,u4,s4,c4 #ccjg1 the ,administrator shall ensure that the delineated area of procurement is identical to the delineated area included in the prospectus for all lease agreements1 except that1 if the ,administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus1 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 resolution4 #ebf4 ,with respect to each project funded under the heading ,major ,repairs and ,alterations1 and with respect to ,e-,government projects funded under the heading ,federal ,citizen ,services ,fund1 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 #fj days after the date of enactment of this ,act4 ,harry ,s truman scholarship foundation ,,salaries ,,and ,,expenses ,for payment to the ,harry ,s ,truman ,scholarship ,foundation ,trust ,fund1 established by section #aj of ,public ,law #ic-fdb1 #b1jjj1jjj1 to remain available until expended4 ,merit ,systems ,protection ,board ,salaries and ,expenses 7including transfer of funds7 ,for necessary expenses to carry out functions of the ,merit ,systems ,protection ,board pursuant to ,reorganization ,plan ,numbered #b of #aigh1 the ,civil ,service ,reform ,act of #aigh1 and the ,whistleblower ,protection ,act of #aihi 7#e ,u4,s4,c4 #eeji note71 including services as authorized by #e ,u4,s4,c4 #caji1 rental of conference rooms in the ,district of ,columbia and elsewhere1 hire of passenger motor vehicles1 direct procurement of survey printing1 and not to exceed #b1jjj for official reception and representation expenses1 #dd1dij1jjj1 to remain available until ,september #cj1 #bjbb1 and in addition not to exceed #b1cde1jjj1 to remain available until ,september #cj1 #bjbb1 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 ,board4 ,morris ,k4 ,udall and ,stewart ,l4 ,udall ,foundation ,,morris ,k4 ,,udall ,,and ,,stewart ,l4 ,,udall ,,trust ,,fund 7,,including ,,transfer ,,of ,,funds7 ,for payment to the ,morris ,k4 ,udall and ,stewart ,l4 ,udall ,trust ,fund1 pursuant to the ,morris ,k4 ,udall and ,stewart ,l4 ,udall ,foundation ,act 7#bj ,u4,s4,c4 #efja et seq471 #a1hjj1jjj1 to remain available until expended1 of which1 notwithstanding sections #h and #i of such ,act1 up to #a1jjj1jjj shall be available to carry out the activities authorized by section #f7g7 of ,public ,law #ajb-bei and section #hag7;a7 of ,public ,law #ajf-efh 7#bj ,u4,s4,c4 #efjd7g773 ,provided1 ,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 ,k4 ,udall and ,stewart ,l4 ,udall ,foundation1 consistent with the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 as amended1 and for annual independent financial audits of the ,morris ,k4 ,udall and ,stewart ,l4 ,udall ,foundation pursuant to the ,accountability of ,tax ,dollars ,act of #bjjb 7,public ,law #ajg-bhi73 ,provided further1 ,that previous amounts transferred to the ,office of ,inspector ,general of the ,department of the ,interior may be transferred to the ,morris ,k4 ,udall and ,stewart ,l4 ,udall ,foundation for annual independent financial audits pursuant to the ,accountability of ,tax ,dollars ,act of #bjjb 7,public ,law #ajg-bhi74 ,,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 #aiih1 #c1bjj1jjj1 to remain available until expended4 ,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 activities1 as provided by law1 and for expenses necessary for the review and declassification of documents1 the activities of the ,public ,interest ,declassification ,board1 the operations and maintenance of the electronic records archives1 the hire of passenger motor vehicles1 and for uniforms or allowances therefor1 as authorized by law 7#e ,u4,s4,c4 #eija71 including maintenance1 repairs1 and cleaning1 #cgg1jjj1jjj1 of which #i1bcj1jjj shall remain available until expended for improvements necessary to enhance the ,federal ,government's ability to electronically preserve1 manage1 and store ,government records1 and of which up to #b1jjj1jjj shall remain available until expended to implement the ,civil ,rights ,cold ,case ,records ,collection ,act of #bjah 7,public ,law #aae-dbf74 ,,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 #bjjh1 ,public ,law #aaj-dji1 #abb ,stat4 #dcjb-af 7#bjjh71 and the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 and for the hire of passenger motor vehicles1 #d1hbc1jjj4 ,,repairs ,,and ,,restoration ,for the repair1 alteration1 and improvement of archives facilities1 and to provide adequate storage for holdings1 #i1ejj1jjj1 to remain available until expended4 national historical publications and records commission grants program ,for necessary expenses for allocations and grants for historical publications and records as authorized by #dd ,u4,s4,c4 #bejd1 #f1ejj1jjj1 to remain available until expended4 ,national ,credit ,union ,administration community development revolving loan fund ,for the ,community ,development ,revolving ,loan ,fund program as authorized by #db ,u4,s4,c4 #ihab1 #ihbb and #iiaj1 #a1ejj1jjj shall be available until ,september #cj1 #bjbb1 for technical assistance to low-income designated credit unions4 ,office of ,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 #aigh1 the ,ethics ,reform ,act of #aihi1 and the ,stop ,trading on ,congressional ,knowledge ,act of #bjab1 including services as authorized by #e ,u4,s4,c4 #caji1 rental of conference rooms in the ,district of ,columbia and elsewhere1 hire of passenger motor vehicles1 and not to exceed #a1ejj for official reception and representation expenses1 #ah1fjj1jjj4 ,office of ,personnel ,management ,,salaries ,,and ,,expenses 7,,including ,,transfer ,,of ,,trust ,,funds7 ,for necessary expenses to carry out functions of the ,office of ,personnel ,management 7,,opm7 pursuant to ,reorganization ,plan ,numbered #b of #aigh and the ,civil ,service ,reform ,act of #aigh1 including services as authorized by #e ,u4,s4,c4 #caji2 medical examinations performed for veterans by private physicians on a fee basis2 rental of conference rooms in the ,district of ,columbia and elsewhere2 hire of passenger motor vehicles2 not to exceed #b1ejj for official reception and representation expenses2 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 duty1 #afj1acj1jjj3 ,provided1 ,that of the total amount made available under this heading1 at least #i1jjj1jjj shall remain available until expended1 for information technology infrastructure modernization and ,trust ,fund ,federal ,financial ,system migration or modernization1 and shall be in addition to funds otherwise made available for such purposes3 ,provided further1 ,that of the total amount made available under this heading1 not less than #cej1jjj shall be used to hire additional congressional liaisons3 ,provided further1 ,that of the total amount made available under this heading1 #a1jfh1jjj may be made available for strengthening the capacity and capabilities of the acquisition workforce 7as defined by the ,office of ,federal ,procurement ,policy ,act1 as amended 7#da ,u4,s4,c4 #djja et seq4771 including the recruitment1 hiring1 training1 and retention of such workforce and information technology in support of acquisition workforce effectiveness or for management solutions to improve acquisition management2 and in addition #afi1fbe1jjj for administrative expenses1 to be transferred from the appropriate trust funds of ,,opm without regard to other statutes1 including direct procurement of printed materials1 for the retirement and insurance programs3 ,provided further1 ,that the provisions of this appropriation shall not affect the authority to use applicable trust funds as provided by sections #hcdh7;a77#a77;,b71 #hieh7;f77#b77;,a71 #hihh7;f77#b77;,a71 and #ijjd7;f77#b77;,a7 of title #e1 ,united ,states ,code3 ,provided further1 ,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 ,no4 #iceh of ,july #a1 #aidc1 or any successor unit of like purpose3 ,provided further1 ,that the ,president's ,commission on ,white ,house ,fellows1 established by ,executive ,order ,no4 #aaahc of ,october #c1 #aifd1 may1 during fiscal year #bjba1 accept donations of money1 property1 and personal services3 ,provided further1 ,that such donations1 including those from prior years1 may be used for the development of publicity materials to provide information about the ,white ,house ,fellows1 except that no such donations shall be accepted for travel or reimbursement of travel expenses1 or for the salaries of employees of such ,commission4 ,,office ,,of ,,inspector ,,general ,,salaries ,,and ,,expenses 7,,including ,,transfer ,,of ,,trust ,,funds7 ,for necessary expenses of the ,office of ,inspector ,general in carrying out the provisions of the ,inspector ,general ,act of #aigh1 including services as authorized by #e ,u4,s4,c4 #caji1 hire of passenger motor vehicles1 #e1jjj1jjj1 and in addition1 not to exceed #bg1bfe1jjj for administrative expenses to audit1 investigate1 and provide other oversight of the ,office of ,personnel ,management's retirement and insurance programs1 to be transferred from the appropriate trust funds of the ,office of ,personnel ,management1 as determined by the ,inspector ,general3 ,provided1 ,that the ,inspector ,general is authorized to rent conference rooms in the ,district of ,columbia and elsewhere4 ,office of ,special ,counsel ,,salaries ,,and ,,expenses ,for necessary expenses to carry out functions of the ,office of ,special ,counsel1 including services as authorized by #e ,u4,s4,c4 #caji1 payment of fees and expenses for witnesses1 rental of conference rooms in the ,district of ,columbia and elsewhere1 and hire of passenger motor vehicles2 #bi1ejj1jjj4 ,postal ,regulatory ,commission ,,salaries ,,and ,,expenses 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses of the ,postal ,regulatory ,commission in carrying out the provisions of the ,postal ,accountability and ,enhancement ,act 7,public ,law #aji-dce71 #ag1jjj1jjj1 to be derived by transfer from the ,postal ,service ,fund and expended as authorized by section #fjc7;a7 of such ,act4 ,privacy and ,civil ,liberties ,oversight ,board ,,salaries ,,and ,,expenses ,for necessary expenses of the ,privacy and ,civil ,liberties ,oversight ,board1 as authorized by section #ajfa of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee71 #h1ejj1jjj1 to remain available until ,september #cj1 #bjbb4 ,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 #bjaf 7,public ,law #aad-bhg71 #c1ejj1jjj1 to remain available until expended4 ,securities and ,exchange ,commission salaries and expenses ,for necessary expenses for the ,securities and ,exchange ,commission1 including services as authorized by #e ,u4,s4,c4 #caji1 the rental of space 7to include multiple year leases7 in the ,district of ,columbia and elsewhere1 and not to exceed #c1ejj for official reception and representation expenses1 #a1hid1hce1jjj1 to remain available until expended2 of which not less than #af1cac1jjj shall be for the ,office of ,inspector ,general2 of which not to exceed #ge1jjj shall be available for a permanent secretariat for the ,international ,organization of ,securities ,commissions2 and of which not to exceed #ajj1jjj shall be available for expenses for consultations and meetings hosted by the ,commission with foreign governmental and other regulatory officials1 members of their delegations and staffs to exchange views concerning securities matters1 such expenses to include necessary logistic and administrative expenses and the expenses of ,commission staff and foreign invitees in attendance including3 7#a7 incidental expenses such as meals2 7#b7 travel and transportation2 and 7#c7 related lodging or subsistence4 ,in addition to the foregoing appropriation1 for move1 replication1 and related costs associated with a replacement lease for the ,commission's ,district of ,columbia headquarters1 not to exceed #ah1fej1jjj1 to remain available until expended2 and for move1 replication1 and related costs associated with a replacement lease for the ,commission's ,san ,francisco ,regional ,office facilities1 not to exceed #ab1fgg1jjj1 to remain available until expended4 ,for purposes of calculating the fee rate under section #ca7;j7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;ee7j77 for fiscal year #bjba1 all amounts appropriated under this heading shall be deemed to be the regular appropriation to the ,commission for fiscal year #bjba3 ,provided 1 ,that fees and charges authorized by section #ca of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;ee7 shall be credited to this account as offsetting collections3 ,provided further 1 ,that not to exceed #a1hid1hce1jjj of such offsetting collections shall be available until expended for necessary expenses of this account2 not to exceed #ah1fej1jjj of such offsetting collections shall be available until expended for move1 replication1 and related costs under this heading associated with a replacement lease for the ,commission's ,district of ,columbia headquarters facilities2 and not to exceed #ab1fgg1jjj of such offsetting collections shall be available until expended for move1 replication1 and related costs under this heading associated with a replacement lease for the ,commission's ,san ,francisco ,regional ,office facilities3 ,provided further1 ,that the total amount appropriated under this heading from the general fund for fiscal year #bjba shall be reduced as such offsetting fees are received so as to result in a final total fiscal year #bjba appropriation from the general fund estimated at not more than #j3 ,provided further 1 ,that if any amount of the appropriation for move1 replication1 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 ,commission1 such amount that was derived from the general fund shall be returned to the general fund1 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 association1 respectively1 in proportion to any fees or assessments paid by such national securities exchange or national securities association under section #ca of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;ee7 in fiscal year #bjba4 ,selective ,service ,system ,,salaries ,,and ,,expenses ,for necessary expenses of the ,selective ,service ,system1 including expenses of attendance at meetings and of training for uniformed personnel assigned to the ,selective ,service ,system1 as authorized by #e ,u4,s4,c4 #daja-daah for civilian employees2 hire of passenger motor vehicles2 services as authorized by #e ,u4,s4,c4 #caji2 and not to exceed #gej for official reception and representation expenses2 #bf1jjj1jjj3 ,provided1 ,that during the current fiscal year1 the ,president may exempt this appropriation from the provisions of #ca ,u4,s4,c4 #acda1 whenever the ,president deems such action to be necessary in the interest of national defense3 ,provided further1 ,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 ,states4 ,small ,business ,administration ,salaries and expenses ,for necessary expenses1 not otherwise provided for1 of the ,small ,business ,administration1 including hire of passenger motor vehicles as authorized by sections #acdc and #acdd of title #ca1 ,united ,states ,code1 and not to exceed #c1ejj for official reception and representation expenses1 #bgj1aeg1jjj1 of which not less than #ab1jjj1jjj shall be available for examinations1 reviews1 and other lender oversight activities3 ,provided1 ,that the ,administrator is authorized to charge fees to cover the cost of publications developed by the ,small ,business ,administration1 and certain loan program activities1 including fees authorized by section #e7;b7 of the ,small ,business ,act3 ,provided further 1 ,that1 notwithstanding #ca ,u4,s4,c4 #ccjb1 revenues received from all such activities shall be credited to this account1 to remain available until expended1 for carrying out these purposes without further appropriations3 ,provided further1 ,that the ,small ,business ,administration may accept gifts in an amount not to exceed #d1jjj1jjj and may co-sponsor activities1 each in accordance with section #acb7;a7 of division ,k of ,public ,law #ajh-ddg1 during fiscal year #bjba3 ,provided further1 ,that #f1ajj1jjj shall be available for the ,loan ,modernization and ,accounting ,system1 to be available until ,september #cj1 #bjbb4 ,entrepreneurial ,development ,programs ,for necessary expenses of programs supporting entrepreneurial and small business development1 #bgb1jjj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that #acf1jjj1jjj shall be available to fund grants for performance in fiscal year #bjba or fiscal year #bjbb as authorized by section #ba of the ,small ,business ,act3 ,provided further1 ,that #ce1jjj1jjj shall be for marketing1 management1 and technical assistance under section #g7m7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7m77#d77 by intermediaries that make microloans under the microloan program3 ,provided further1 ,that #ai1ejj1jjj shall be available for grants to ,states to carry out export programs that assist small business concerns authorized under section #bb7l7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdi7l774 ,,office ,,of ,,inspector ,,general ,for necessary expenses of the ,office of ,inspector ,general in carrying out the provisions of the ,inspector ,general ,act of #aigh1 #bb1jaa1jjj4 office of advocacy ,for necessary expenses of the ,office of ,advocacy in carrying out the provisions of title ,,ii of ,public ,law #id-cje 7#ae ,u4,s4,c4 #fcd;a et seq47 and the ,regulatory ,flexibility ,act of #aihj 7#e ,u4,s4,c4 #fja et seq471 #i1aij1jjj1 to remain available until expended4 ,,business ,,loans ,,program ,,account 7,,including ,,transfer ,,of ,,funds7 ,for the cost of direct loans1 #e1jjj1jjj1 to remain available until expended1 and for the cost of guaranteed loans as authorized by section #g7;a7 of the ,small ,business ,act 7,public ,law #hc-afc71 #ae1jjj1jjj1 to remain available until expended3 ,provided1 ,that such costs1 including the cost of modifying such loans1 shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd3 ,provided further1 ,that subject to section #ejb of the ,congressional ,budget ,act of #aigd1 during fiscal year #bjba commitments to guarantee loans under section #ejc of the ,small ,business ,investment ,act of #aieh shall not exceed #g1ejj1jjj1jjj3 ,provided further1 ,that during fiscal year #bjba commitments for general business loans authorized under paragraphs 7#a7 through 7#ce7 of section #g7;a7 of the ,small ,business ,act shall not exceed #cj1jjj1jjj1jjj for a combination of amortizing term loans and the aggregated maximum line of credit provided by revolving loans3 ,provided further1 ,that during fiscal year #bjba commitments for loans authorized under subparagraph 7,c7 of section #ejb7g7 of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fif7g77 shall not exceed #g1ejj1jjj1jjj3 ,provided further1 ,that during fiscal year #bjba commitments to guarantee loans for debentures under section #cjc7;b7 of the ,small ,business ,investment ,act of #aieh shall not exceed #d1jjj1jjj1jjj3 ,provided further1 ,that during fiscal year #bjba1 guarantees of trust certificates authorized by section #e7;g7 of the ,small ,business ,act shall not exceed a principal amount of #ac1jjj1jjj1jjj4 ,in addition1 for administrative expenses to carry out the direct and guaranteed loan programs1 #afj1cjj1jjj1 which may be transferred to and merged with the appropriations for ,salaries and ,expenses4 ,,disaster ,,loans ,,program ,,account 7,,including ,,transfers ,,of ,,funds7 ,for administrative expenses to carry out the direct loan program authorized by section #g7;b7 of the ,small ,business ,act1 #afh1jge1jjj1 to be available until expended1 of which #a1fjj1jjj 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 ,general2 of which #aeh1jge1jjj is for direct administrative expenses of loan making and servicing to carry out the direct loan program1 which may be transferred to and merged with the appropriations for ,salaries and ,expenses2 and of which #h1djj1jjj is for indirect administrative expenses for the direct loan program1 which may be transferred to and merged with the appropriations for ,salaries and ,expenses3 ,provided1 ,that1 of the funds provided under this heading1 #adb1hfd1jjj shall be for major disasters declared pursuant to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eabb7b773 ,provided further1 ,that the amount for major disasters under this heading is designated by ,congress as being for disaster relief pursuant to section #bea7;b77#b77;,d7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7,public ,law #ii-agg74 ,,administrative ,,provisions--,,small ,,business ,,administration 7,,including ,,transfers ,,of ,,funds7 #edj4 ,not to exceed #e percent of any appropriation made available for the current fiscal year for the ,small ,business ,administration in this ,act may be transferred between such appropriations1 but no such appropriation shall be increased by more than #aj percent by any such transfers3 ,provided1 ,that any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section #fjh of this ,act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section4 #eda4 ,not to exceed #c 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 7,,it ,,wcf71 as authorized by section #ajgg7;b77#a7 of title ,x of division ,a of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjah1 for the purposes specified in section #ajgg7;b77#c7 of such ,act1 upon the advance approval of the ,committees on ,appropriations of the ,house of ,representatives and the ,senate3 ,provided1 ,that amounts transferred to the ,,it ,,wcf under this section shall remain available for obligation through ,september #cj1 #bjbd4 ,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 mail1 pursuant to subsections 7c7 and 7d7 of section #bdja of title #ci1 ,united ,states ,code1 #ee1ccc1jjj3 ,provided1 ,that mail for overseas voting and mail for the blind shall continue to be free3 ,provided further1 ,that #f-;day delivery and rural delivery of mail shall continue at not less than the #aihc level3 ,provided further1 ,that none of the funds made available to the ,postal ,service by this ,act shall be used to implement any rule1 regulation1 or policy of charging any officer or employee of any ,state or local child support enforcement agency1 or any individual participating in a ,state or local program of child support enforcement1 a fee for information requested or provided concerning an address of a postal customer3 ,provided further1 ,that none of the funds provided in this ,act shall be used to consolidate or close small rural and other small post offices3 ,provided further1 ,that the ,postal ,service may not destroy1 and shall continue to offer for sale1 any copies of the ,multinational ,species ,conservation ,funds ,semipostal ,stamp1 as authorized under the ,multinational ,species ,conservation ,funds ,semipostal ,stamp ,act of #bjaj 7,public ,law #aaa-bda74 ,,office ,,of ,,inspector ,,general ,,salaries ,,and ,,expenses 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses of the ,office of ,inspector ,general in carrying out the provisions of the ,inspector ,general ,act of #aigh1 #bej1jjj1jjj1 to be derived by transfer from the ,postal ,service ,fund and expended as authorized by section #fjc7;b77#c7 of the ,postal ,accountability and ,enhancement ,act 7,public ,law #aji-dce74 ,united states tax court ,salaries and expenses ,for necessary expenses1 including contract reporting and other services as authorized by #e ,u4,s4,c4 #caji1 and not to exceed #c1jjj for official reception and representation expenses2 #ef1ajj1jjj1 of which #a1jjj1jjj shall remain available until expended3 ,provided 1 ,that travel expenses of the judges shall be paid upon the written certificate of the judge4 ,,vi ,general provisions--this act 7including rescission of funds7 #fja4 ,none of the funds in this ,act shall be used for the planning or execution of any program to pay the expenses of1 or otherwise compensate1 non-,federal parties intervening in regulatory or adjudicatory proceedings funded in this ,act4 #fjb4 ,none of the funds appropriated in this ,act shall remain available for obligation beyond the current fiscal year1 nor may any be transferred to other appropriations1 unless expressly so provided herein4 #fjc4 ,the expenditure of any appropriation under this ,act for any consulting service through procurement contract pursuant to #e ,u4,s4,c4 #caji1 shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection1 except where otherwise provided under existing law1 or under existing ,executive order issued pursuant to existing law4 #fjd4 ,none of the funds made available in this ,act may be transferred to any department1 agency1 or instrumentality of the ,united ,states ,government1 except pursuant to a transfer made by1 or transfer authority provided in1 this ,act or any other appropriations ,act4 #fje4 ,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 decision1 determination1 rule1 regulation1 or policy that would prohibit the enforcement of section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg74 #fjf4 ,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 #hc of title #da1 ,united ,states ,code4 #fjg4 ,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 #hc of title #da1 ,united ,states ,code4 #fjh4 ,except as otherwise provided in this ,act1 none of the funds provided in this ,act1 provided by previous appropriations ,acts to the agencies or entities funded in this ,act that remain available for obligation or expenditure in fiscal year #bjba1 or provided from any accounts in the ,treasury derived by the collection of fees and available to the agencies funded by this ,act1 shall be available for obligation or expenditure through a reprogramming of funds that3 7#a7 creates a new program2 7#b7 eliminates a program1 project1 or activity2 7#c7 increases funds or personnel for any program1 project1 or activity for which funds have been denied or restricted by the ,congress2 7#d7 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 purpose2 7#e7 augments existing programs1 projects1 or activities in excess of #e1jjj1jjj or #aj percent1 whichever is less2 7#f7 reduces existing programs1 projects1 or activities by #e1jjj1jjj or #aj percent1 whichever is less2 or 7#g7 creates or reorganizes offices1 programs1 or activities unless prior approval is received from the ,committees on ,appropriations of the ,house of ,representatives and the ,senate3 ,provided1 ,that prior to any significant reorganization1 restructuring1 relocation1 or closing of offices1 programs1 or activities1 each agency or entity funded in this ,act shall consult with the ,committees on ,appropriations of the ,house of ,representatives and the ,senate3 ,provided further1 ,that not later than #fj days after the date of enactment of this ,act1 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 for application of reprogramming and transfer authorities for the current fiscal year3 ,provided further1 ,that at a minimum the report shall include3 7#a7 a table for each appropriation1 detailing both full-time employee equivalents and budget authority1 with separate columns to display the prior year enacted level1 the ,president's budget request1 adjustments made by ,congress1 adjustments due to enacted rescissions1 if appropriate1 and the fiscal year enacted level2 7#b7 a delineation in the table for each appropriation and its respective prior year enacted level by object class and program1 project1 and activity as detailed in this ,act1 in the accompanying report1 or in the budget appendix for the respective appropriation1 whichever is more detailed1 and which shall apply to all items for which a dollar amount is specified and to all programs for which new budget authority is provided1 as well as to discretionary grants and discretionary grant allocations2 and 7#c7 an identification of items of special congressional interest3 ,provided further1 ,that the amount appropriated or limited for salaries and expenses for an agency shall be reduced by #ajj1jjj per day for each day after the required date that the report has not been submitted to the ,congress4 #fji4 ,except as otherwise specifically provided by law1 not to exceed #ej percent of unobligated balances remaining available at the end of fiscal year #bjba from appropriations made available for salaries and expenses for fiscal year #bjba in this ,act1 shall remain available through ,september #cj1 #bjbb1 for each such account for the purposes authorized3 ,provided1 ,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 funds3 ,provided further1 ,that these requests shall be made in compliance with reprogramming guidelines4 #faj4 7a7 ,none of the funds made available in this ,act may be used by the ,executive ,office of the ,president to request-- 7#a7 any official background investigation report on any individual from the ,federal ,bureau of ,investigation2 or 7#b7 a determination with respect to the treatment of an organization as described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code from the ,department of the ,treasury or the ,internal ,revenue ,service4 7b7 ,subsection 7a7 shall not apply-- 7#a7 in the case of an official background investigation report1 if such individual has given express written consent for such request not more than #f months prior to the date of such request and during the same presidential administration2 or 7#b7 if such request is required due to extraordinary circumstances involving national security4 #faa4 ,the cost accounting standards promulgated under chapter #ae of title #da1 ,united ,states ,code shall not apply with respect to a contract under the ,federal ,employees ,health ,benefits ,program established under chapter #hi of title #e1 ,united ,states ,code4 #fab4 ,for the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program1 the ,office of ,personnel ,management may accept and utilize 7without regard to any restriction on unanticipated travel expenses imposed in an ,appropriations ,act7 funds made available to the ,office of ,personnel ,management pursuant to court approval4 #fac4 ,no funds appropriated by this ,act shall be available to pay for an abortion1 or the administrative expenses in connection with any health plan under the ,federal employees health benefits program which provides any benefits or coverage for abortions4 #fad4 ,the provision of section #fac shall not apply where the life of the mother would be endangered if the fetus were carried to term1 or the pregnancy is the result of an act of rape or incest4 #fae4 ,in order to promote ,government access to commercial information technology1 the restriction on purchasing nondomestic articles1 materials1 and supplies set forth in chapter #hc of title #da1 ,united ,states ,code 7popularly known as the ,buy ,american ,act71 shall not apply to the acquisition by the ,federal ,government of information technology 7as defined in section #aaaja of title #dj1 ,united ,states ,code71 that is a commercial item 7as defined in section #ajc of title #da1 ,united ,states ,code74 #faf4 ,notwithstanding section #acec of title #ca1 ,united ,states ,code1 no officer or employee of any regulatory agency or commission funded by this ,act may accept on behalf of that agency1 nor may such agency or commission accept1 payment or reimbursement from a non-,federal entity for travel1 subsistence1 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 commission1 or represents a person or entity subject to regulation by such agency or commission1 unless the person or entity is an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code4 #fag4 7a7 7#a7 ,notwithstanding any other provision of law1 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 office1 meeting1 storage1 or other space must consult with the ,general ,services ,administration before issuing a solicitation for offers of new leases or construction contracts1 and in the case of succeeding leases1 before entering into negotiations with the current lessor4 7#b7 ,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 agency4 7b7 ,for purposes of this section1 the term ,executive agency covered by this ,act means any ,executive agency provided funds by this ,act1 but does not include the ,general ,services ,administration or the ,united ,states ,postal ,service4 #fah4 7a7 ,there are appropriated for the following activities the amounts required under current law3 7#a7 ,compensation of the ,president 7#c ,u4,s4,c4 #ajb74 7#b7 ,payments to-- 7,a7 the ,judicial ,officers' ,retirement ,fund 7#bh ,u4,s4,c4 #cgg7o772 7,b7 the ,judicial ,survivors' ,annuities ,fund 7#bh ,u4,s4,c4 #cgf7;c772 and 7,c7 the ,united ,states ,court of ,federal ,claims ,judges' ,retirement ,fund 7#bh ,u4,s4,c4 #agh7l774 7#c7 ,payment of ,government contributions-- 7,a7 with respect to the health benefits of retired employees1 as authorized by chapter #hi of title #e1 ,united ,states ,code1 and the ,retired ,federal ,employees ,health ,benefits ,act 7#gd ,stat4 #hdi72 and 7,b7 with respect to the life insurance benefits for employees retiring after ,december #ca1 #aihi 7#e ,u4,s4,c4 ch4 #hg74 7#d7 ,payment to finance the unfunded liability of new and increased annuity benefits under the ,civil ,service ,retirement and ,disability ,fund 7#e ,u4,s4,c4 #hcdh74 7#e7 ,payment of annuities authorized to be paid from the ,civil ,service ,retirement and ,disability ,fund by statutory provisions other than subchapter ,,iii of chapter #hc or chapter #hd of title #e1 ,united ,states ,code4 7b7 ,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 ,act4 #fai4 ,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 ,children3 ,preliminary ,proposed ,nutrition ,principles to ,guide ,industry ,self-,regulatory ,efforts unless the ,interagency ,working ,group on ,food ,marketed to ,children complies with ,executive ,order ,no4 #acefc4 #fbj4 7a7 ,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 technology4 7b7 ,amounts appropriated for any executive branch agency funded by this ,act that are available for information technology shall be allocated within the agency1 consistent with the provisions of appropriations ,acts and budget guidelines and recommendations from the ,director of the ,office of ,management and ,budget1 in such manner as specified by1 or approved by1 the ,chief ,information ,officer of the agency in consultation with the ,chief ,financial ,officer of the agency and budget officials4 #fba4 ,none of the funds made available in this ,act may be used in contravention of chapter #bi1 #ca1 or #cc of title #dd1 ,united ,states ,code4 #fbb4 ,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 7as such terms are defined in sections #beaj and #bgaa of title #ah1 ,united ,states ,code7 in a manner that violates the ,fourth ,amendment to the ,constitution of the ,united ,states4 #fbc4 ,none of the funds appropriated by this ,act may be used by the ,federal ,communications ,commission to modify1 amend1 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 7e77#e7 or 7e77#f7 of section #ed4cjg of title #dg1 ,code of ,federal ,regulations1 as in effect on ,july #ae1 #bjae3 ,provided1 ,that this section shall not prohibit the ,commission from considering1 developing1 or adopting other support mechanisms as an alternative to ,mobility ,fund ,phase ,,ii4 #fbd4 ,no funds provided in this ,act shall be used to deny an ,inspector ,general funded under this ,act timely access to any records1 documents1 or other materials available to the department or agency over which that ,inspector ,general has responsibilities under the ,inspector ,general ,act of #aigh1 or to prevent or impede that ,inspector ,general's access to such records1 documents1 or other materials1 under any provision of law1 except a provision of law that expressly refers to the ,inspector ,general and expressly limits the ,inspector ,general's right of access4 ,a department or agency covered by this section shall provide its ,inspector ,general with access to all such records1 documents1 and other materials in a timely manner4 ,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 #aigh4 ,each ,inspector ,general covered by this section shall report to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate within #e calendar days any failures to comply with this requirement4 #fbe4 7a7 ,none of the funds made available in this ,act may be used to maintain or establish a computer network unless such network blocks the viewing1 downloading1 and exchanging of pornography4 7b7 ,nothing in subsection 7a7 shall limit the use of funds necessary for any ,federal1 ,state1 tribal1 or local law enforcement agency or any other entity carrying out criminal investigations1 prosecution1 adjudication activities1 or other law enforcement- or victim assistance-related activity4 #fbf4 ,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 satisfactory1 behind schedule1 over budget1 or has failed to meet the basic requirements of a contract1 unless the ,agency determines that any such deviations are due to unforeseeable events1 government-driven scope changes1 or are not significant within the overall scope of the project and_/or program and unless such awards or incentive fees are consistent with #af4dja7;e77#b7 of the ,federal ,acquisition ,regulation4 #fbg4 7a7 ,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 department1 agency1 board or commission funded by this ,act of more than #ejj1jjj 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 determination4 7b7 ,none of the funds made available under this ,act may be used to pay for the travel to or attendance of more than #ej employees1 who are stationed in the ,united ,states1 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 determination4 #fbh4 ,none of the funds made available by this ,act may be used for first-class or business-class travel by the employees of executive branch agencies funded by this ,act in contravention of sections #cja-aj4abb through #cja-aj4abe of title #da1 ,code of ,federal ,regulations4 #fbi4 ,in addition to any amounts appropriated or otherwise made available for expenses related to enhancements to www4oversight4gov1 #hej1jjj1 to remain available until expended1 shall be provided for an additional amount for such purpose to the ,inspectors ,general ,council ,fund established pursuant to section #aa7;c77#c77;,b7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app473 ,provided1 ,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 #aa of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app474 #fcj4 ,none of the funds made available by this ,act may be obligated on contracts in excess of #e1jjj for public relations1 as that term is defined in ,office and ,management and ,budget ,circular ,a-#hg 7revised ,may #aj1 #bjjd71 unless advance notice of such an obligation is transmitted to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate4 #fca4 ,none of the funds made available by this ,act shall be used by the ,securities and ,exchange ,commission to finalize1 issue1 or implement any rule1 regulation1 or order regarding the disclosure of political contributions1 contributions to tax exempt organizations1 or dues paid to trade associations4 #fcb4 ,federal agencies funded under this ,act shall clearly state within the text1 audio1 or video used for advertising or educational purposes1 including emails or ,internet postings1 that the communication is printed1 published1 or produced and disseminated at ,u4,s4 taxpayer expense4 ,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 agency4 #fcc4 ,when issuing statements1 press releases1 requests for proposals1 bid solicitations and other documents describing projects or programs funded in whole or in part with ,federal money1 all grantees receiving ,federal funds included in this act1 shall clearly state-- 7#a7 the percentage of the total costs of the program or project which will be financed with ,federal money2 7#b7 the dollar amount of ,federal funds for the project or program2 and 7#c7 percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources4 #fcd4 ,of the unobligated balances available in the ,department of the ,treasury1 ,treasury ,forfeiture ,fund1 established by section #igjc of title #ca1 ,united ,states ,code1 #ge1jjj1jjj shall be permanently rescinded not later than ,september #cj1 #bjba4 #fce4 ,not later than #de days after the last day of each quarter1 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 appropriation1 by the source year of the appropriation4 ,,vii ,,general ,,provisions--,,government-,,wide ,departments1 ,agencies1 and ,corporations 7,,including ,,transfer ,,of ,,funds7 #gja4 ,no department1 agency1 or instrumentality of the ,united ,states receiving appropriated funds under this or any other ,act for fiscal year #bjba shall obligate or expend any such funds1 unless such department1 agency1 or instrumentality has in place1 and will continue to administer in good faith1 a written policy designed to ensure that all of its workplaces are free from the illegal use1 possession1 or distribution of controlled substances 7as defined in the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb77 by the officers and employees of such department1 agency1 or instrumentality4 #gjb4 ,unless otherwise specifically provided1 the maximum amount allowable during the current fiscal year in accordance with subsection #acdc7;c7 of title #ca1 ,united ,states ,code1 for the purchase of any passenger motor vehicle 7exclusive of buses1 ambulances1 law enforcement vehicles1 protective vehicles1 and undercover surveillance vehicles71 is hereby fixed at #ai1idg except station wagons for which the maximum shall be #ai1iig3 ,provided1 ,that these limits may be exceeded by not to exceed #g1bej for police-type vehicles3 ,provided further1 ,that the limits set forth in this section may not be exceeded by more than #e percent for electric or hybrid vehicles purchased for demonstration under the provisions of the ,electric and ,hybrid ,vehicle ,research1 ,development1 and ,demonstration ,act of #aigf3 ,provided further1 ,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 #aja-edi over the cost of comparable conventionally fueled vehicles3 ,provided further1 ,that the limits set forth in this section shall not apply to any vehicle that is a commercial item and which operates on alternative fuel1 including but not limited to electric1 plug-in hybrid electric1 and hydrogen fuel cell vehicles4 #gjc4 ,appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel1 or for the expenses of the activity concerned1 are hereby made available for quarters allowances and cost-of-living allowances1 in accordance with #e ,u4,s4,c4 #eibb-eibd4 #gjd4 ,unless otherwise specified in law during the current fiscal year1 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 7including any agency the majority of the stock of which is owned by the ,government of the ,united ,states7 whose post of duty is in the continental ,united ,states unless such person3 7#a7 is a citizen of the ,united ,states2 7#b7 is a person who is lawfully admitted for permanent residence and is seeking citizenship as outlined in #h ,u4,s4,c4 #acbd;b7a77#c77;,b72 7#c7 is a person who is admitted as a refugee under #h ,u4,s4,c4 #aaeg or is granted asylum under #h ,u4,s4,c4 #aaeh and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible2 or 7#d7 is a person who owes allegiance to the ,united ,states3 ,provided 1 ,that for purposes of this section1 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 with3 ,provided further1 ,that for purposes of subsections 7#b7 and 7#c7 such affidavits shall be submitted prior to employment and updated thereafter as necessary3 ,provided further1 ,that any person making a false affidavit shall be guilty of a felony1 and upon conviction1 shall be fined no more than #d1jjj or imprisoned for not more than #a year1 or both3 ,provided further1 ,that the above penal clause shall be in addition to1 and not in substitution for1 any other provisions of existing law3 ,provided further1 ,that any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the ,federal ,government3 ,provided further1 ,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 ,act1 or to international broadcasters employed by the ,broadcasting ,board of ,governors1 or to temporary employment of translators1 or to temporary employment in the field service 7not to exceed #fj days7 as a result of emergencies3 ,provided further1 ,that this section does not apply to the employment as ,wildland firefighters for not more than #abj days of nonresident aliens employed by the ,department of the ,interior or the ,,usda ,forest ,service pursuant to an agreement with another country4 #gje4 ,appropriations available to any department or agency during the current fiscal year for necessary expenses1 including maintenance or operating expenses1 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 #aiei 7#gc ,stat4 #dgi71 the ,public ,buildings ,amendments of #aigb 7#hf ,stat4 #baf71 or other applicable law4 #gjf4 ,in addition to funds provided in this or any other ,act1 all ,federal agencies are authorized to receive and use funds resulting from the sale of materials1 including ,federal records disposed of pursuant to a records schedule recovered through recycling or waste prevention programs4 ,such funds shall be available until expended for the following purposes3 7#a7 ,acquisition1 waste reduction and prevention1 and recycling programs as described in ,executive ,order ,no4 #achcd 7,may #ag1 #bjah71 including any such programs adopted prior to the effective date of the ,executive order4 7#b7 ,other ,federal agency environmental management programs1 including1 but not limited to1 the development and implementation of hazardous waste management and pollution prevention programs4 7#c7 ,other employee programs as authorized by law or as deemed appropriate by the head of the ,federal agency4 #gjg4 ,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 #ia of title #ca1 ,united ,states ,code1 shall be available1 in addition to objects for which such funds are otherwise available1 for rent in the ,district of ,columbia2 services in accordance with #e ,u4,s4,c4 #caji2 and the objects specified under this head1 all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the ,act by which they are made available3 ,provided1 ,that in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds1 the limitations on administrative expenses shall be correspondingly reduced4 #gjh4 ,no part of any appropriation contained in this or any other ,act shall be available for interagency financing of boards 7except ,federal ,executive ,boards71 commissions1 councils1 committees1 or similar groups 7whether or not they are interagency entities7 which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality4 #gji4 ,none of the funds made available pursuant to the provisions of this or any other ,act shall be used to implement1 administer1 or enforce any regulation which has been disapproved pursuant to a joint resolution duly adopted in accordance with the applicable law of the ,united ,states4 #gaj4 ,during the period in which the head of any department or agency1 or any other officer or civilian employee of the ,federal ,government appointed by the ,president of the ,united ,states1 holds office1 no funds may be obligated or expended in excess of #e1jjj to furnish or redecorate the office of such department head1 agency head1 officer1 or employee1 or to purchase furniture or make improvements for any such office1 unless advance notice of such furnishing or redecoration is transmitted to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate4 ,for the purposes of this section1 the term office shall include the entire suite of offices assigned to the individual1 as well as any other space used primarily by the individual or the use of which is directly controlled by the individual4 #gaa4 ,notwithstanding #ca ,u4,s4,c4 #acdf1 or section #gjh of this ,act1 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 departments1 agencies1 or entities1 as provided by ,executive ,order ,no4 #acfah 7,july #f1 #bjab74 #gab4 7a7 ,none of the funds made available by this or any other ,act may be obligated or expended by any department1 agency1 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 #ccjb of title #e1 ,united ,states ,code1 7pursuant to schedule ,c of subpart ,c of part #bac of title #e of the ,code of ,federal ,regulations7 unless the head of the applicable department1 agency1 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 ,house4 7b7 ,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 7as that term is defined under section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d7774 #gac4 ,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 ,government1 who-- 7#a7 prohibits or prevents1 or attempts or threatens to prohibit or prevent1 any other officer or employee of the ,federal ,government from having any direct oral or written communication or contact with any ,member1 committee1 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 way1 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 ,member1 committee1 or subcommittee2 or 7#b7 removes1 suspends from duty without pay1 demotes1 reduces in rank1 seniority1 status1 pay1 or performance or efficiency rating1 denies promotion to1 relocates1 reassigns1 transfers1 disciplines1 or discriminates in regard to any employment right1 entitlement1 or benefit1 or any term or condition of employment of1 any other officer or employee of the ,federal ,government1 or attempts or threatens to commit any of the foregoing actions with respect to such other officer or employee1 by reason of any communication or contact of such other officer or employee with any ,member1 committee1 or subcommittee of the ,congress as described in paragraph 7#a74 #gad4 7a7 ,none of the funds made available in this or any other ,act may be obligated or expended for any employee training that-- 7#a7 does not meet identified needs for knowledge1 skills1 and abilities bearing directly upon the performance of official duties2 7#b7 contains elements likely to induce high levels of emotional response or psychological stress in some participants2 7#c7 does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation2 7#d7 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-#iae4jbb1 dated ,september #b1 #aihh2 or 7#e7 is offensive to1 or designed to change1 participants' personal values or lifestyle outside the workplace4 7b7 ,nothing in this section shall prohibit1 restrict1 or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties4 #gae4 ,no part of any funds appropriated in this or any other ,act shall be used by an agency of the executive branch1 other than for normal and recognized executive-legislative relationships1 for publicity or propaganda purposes1 and for the preparation1 distribution or use of any kit1 pamphlet1 booklet1 publication1 radio1 television1 or film presentation designed to support or defeat legislation pending before the ,congress1 except in presentation to the ,congress itself4 #gaf4 ,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 jurisdiction4 #gag4 ,none of the funds made available in this or any other ,act may be used to provide any non-public information such as mailing1 telephone1 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 ,senate4 #gah4 ,no part of any appropriation contained in this or any other ,act shall be used directly or indirectly1 including by private contractor1 for publicity or propaganda purposes within the ,united ,states not heretofore authorized by ,congress4 #gai4 7a7 ,in this section1 the term agency-- 7#a7 means an ,executive agency1 as defined under #e ,u4,s4,c4 #aje2 and 7#b7 includes a military department1 as defined under section #ajb of such title1 the ,united ,states ,postal ,service1 and the ,postal ,regulatory ,commission4 7b7 ,unless authorized in accordance with law or regulations to use such time for other purposes1 an employee of an agency shall use official time in an honest effort to perform official duties4 ,an employee not under a leave system1 including a ,presidential appointee exempted under #e ,u4,s4,c4 #fcja7b71 has an obligation to expend an honest effort and a reasonable proportion of such employee's time in the performance of official duties4 #gbj4 ,notwithstanding #ca ,u4,s4,c4 #acdf and section #gjh of this ,act1 funds made available for the current fiscal year by this or any other ,act to any department or agency1 which is a member of the ,federal ,accounting ,standards ,advisory ,board 7,,fasab71 shall be available to finance an appropriate share of ,,fasab administrative costs4 #gba4 ,notwithstanding #ca ,u4,s4,c4 #acdf and section #gjh of this ,act1 the head of each ,executive department and agency is hereby authorized to transfer to or reimburse ,general ,services ,administration1 ,government-wide ,policy with the approval of the ,director of the ,office of ,management and ,budget1 funds made available for the current fiscal year by this or any other ,act1 including rebates from charge card and other contracts3 ,provided1 ,that these funds shall be administered by the ,administrator of ,general ,services to support ,government-wide and other multi-agency financial1 information technology1 procurement1 and other management innovations1 initiatives1 and activities1 including improving coordination and reducing duplication1 as approved by the ,director of the ,office of ,management and ,budget1 in consultation with the appropriate interagency and multi-agency groups designated by the ,director 7including the ,president's ,management ,council for overall management improvement initiatives1 the ,chief ,financial ,officers ,council for financial management initiatives1 the ,chief ,information ,officers ,council for information technology initiatives1 the ,chief ,human ,capital ,officers ,council for human capital initiatives1 the ,chief ,acquisition ,officers ,council for procurement initiatives1 and the ,performance ,improvement ,council for performance improvement initiatives73 ,provided further1 ,that the total funds transferred or reimbursed shall not exceed #ae1jjj1jjj to improve coordination1 reduce duplication1 and for other activities related to ,federal ,government ,priority ,goals established by #ca ,u4,s4,c4 #aabj1 and not to exceed #ag1jjj1jjj for ,government-,wide innovations1 initiatives1 and activities3 ,provided further1 ,that the funds transferred to or for reimbursement of ,general ,services ,administration1 ,government-wide ,policy during fiscal year #bjba shall remain available for obligation through ,september #cj1 #bjbb3 ,provided further1 ,that such transfers or reimbursements may only be made after #ae 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 ,budget4 #gbb4 ,notwithstanding any other provision of law1 a woman may breastfeed her child at any location in a ,federal building or on ,federal property1 if the woman and her child are otherwise authorized to be present at the location4 #gbc4 ,notwithstanding #ca ,u4,s4,c4 #acdf1 or section #gjh of this ,act1 funds made available for the current fiscal year by this or any other ,act shall be available for the interagency funding of specific projects1 workshops1 studies1 and similar efforts to carry out the purposes of the ,national ,science and ,technology ,council 7authorized by ,executive ,order ,no4 #abhha71 which benefit multiple ,federal departments1 agencies1 or entities3 ,provided1 ,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 ,appropriations1 the ,house ,committee on ,science1 ,space1 and ,technology1 and the ,senate ,committee on ,commerce1 ,science1 and ,transportation #ij days after enactment of this ,act4 #gbd4 ,any request for proposals1 solicitation1 grant application1 form1 notification1 press release1 or other publications involving the distribution of ,federal funds shall comply with any relevant requirements in part #bjj of title #b1 ,code of ,federal ,regulations3 ,provided1 ,that this section shall apply to direct payments1 formula funds1 and grants received by a ,state receiving ,federal funds4 #gbe4 7a7 ,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-- 7#a7 to collect1 review1 or create any aggregation of data1 derived from any means1 that includes any personally identifiable information relating to an individual's access to or use of any ,federal ,government ,internet site of the agency2 or 7#b7 to enter into any agreement with a third party 7including another government agency7 to collect1 review1 or obtain any aggregation of data1 derived from any means1 that includes any personally identifiable information relating to an individual's access to or use of any nongovernmental ,internet site4 7b7 ,exceptions ,the limitations established in subsection 7a7 shall not apply to-- 7#a7 any record of aggregate data that does not identify particular persons2 7#b7 any voluntary submission of personally identifiable information2 7#c7 any action taken for law enforcement1 regulatory1 or supervisory purposes1 in accordance with applicable law2 or 7#d7 any action described in subsection 7a77#a7 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 site4 7c7 ,definitions ,for the purposes of this section3 7#a7 ,the term regulatory means agency actions to implement1 interpret or enforce authorities provided in law4 7#b7 ,the term supervisory means examinations of the agency's supervised institutions1 including assessing safety and soundness1 overall financial condition1 management practices and policies and compliance with applicable standards as provided in law4 #gbf4 7a7 ,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 coverage1 except where the contract also includes a provision for contraceptive coverage4 7b7 ,nothing in this section shall apply to a contract with-- 7#a7 any of the following religious plans3 7,a7 ,personal ,care's ,,hmo2 and 7,b7 ,,osf ,health,plans1 ,inc42 and 7#b7 any existing or future plan1 if the carrier for the plan objects to such coverage on the basis of religious beliefs4 7c7 ,in implementing this section1 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 convictions4 7d7 ,nothing in this section shall be construed to require coverage of abortion or abortion-related services4 #gbg4 ,the ,united ,states is committed to ensuring the health of its ,olympic1 ,pan ,american1 and ,paralympic athletes1 and supports the strict adherence to anti-doping in sport through testing1 adjudication1 education1 and research as performed by nationally recognized oversight authorities4 #gbh4 ,notwithstanding any other provision of law1 funds appropriated for official travel to ,federal departments and agencies may be used by such departments and agencies1 if consistent with ,office of ,management and ,budget ,circular ,a-#abf regarding official travel for ,government personnel1 to participate in the fractional aircraft ownership pilot program4 #gbi4 ,notwithstanding any other provision of law1 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 ,program1 or to implement the proposed regulations of the ,office of ,personnel ,management to add sections #cjj4caa through #cjj4caf to part #cjj of title #e of the ,code of ,federal ,regulations1 published in the ,federal ,register1 volume #fh1 number #agd1 on ,september #i1 #bjjc 7relating to the detail of executive branch employees to the legislative branch74 #gcj4 ,notwithstanding any other provision of law1 no executive branch agency shall purchase1 construct1 or lease any additional facilities1 except within or contiguous to existing locations1 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 ,senate1 except that the ,federal ,law ,enforcement ,training ,center is authorized to obtain the temporary use of additional facilities by lease1 contract1 or other agreement for training which cannot be accommodated in existing ,center facilities4 #gca4 ,unless otherwise authorized by existing law1 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 intended for broadcast or distribution in the ,united ,states1 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 agency4 #gcb4 ,none of the funds made available in this ,act may be used in contravention of section #eeb;a of title #e1 ,united ,states ,code 7popularly known as the ,privacy ,act71 and regulations implementing that section4 #gcc4 7a7 ,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 #hce7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cie7;b77 or any subsidiary of such an entity4 7b7 ,waivers 7#a7 ,in general ,any ,secretary shall waive subsection 7a7 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 security4 7#b7 ,report to congress ,any ,secretary issuing a waiver under paragraph 7#a7 shall report such issuance to ,congress4 7c7 ,exception ,this section shall not apply to any ,federal ,government contract entered into before the date of the enactment of this ,act1 or to any task order issued pursuant to such contract4 #gcd4 ,during fiscal year #bjba1 for each employee who-- 7#a7 retires under section #hccf7;d77#b7 or #hdad7;b77#a77;,b7 of title #e1 ,united ,states ,code2 or 7#b7 retires under any other provision of subchapter ,,iii of chapter #hc or chapter #hd of such title #e and receives a payment as an incentive to separate1 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 year4 ,such amounts shall be available until expended to the ,office of ,personnel ,management and shall be deemed to be an administrative expense under section #hcdh7;a77#a77;,b7 of title #e1 ,united ,states ,code4 #gce4 7a7 ,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 offer3 7#a7 ,any payment consisting of a contribution1 expenditure1 independent expenditure1 or disbursement for an electioneering communication that is made by the entity1 its officers or directors1 or any of its affiliates or subsidiaries to a candidate for election for ,federal office or to a political committee1 or that is otherwise made with respect to any election for ,federal office4 7#b7 ,any disbursement of funds 7other than a payment described in paragraph 7#a77 made by the entity1 its officers or directors1 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 7#a74 7b7 ,in this section1 each of the terms contribution1 expenditure1 independent expenditure1 electioneering communication1 candidate1 election1 and ,federal office has the meaning given such term in the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq474 #gcf4 ,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 ,government1 including the ,president1 the ,vice ,president1 a member of ,congress 7including a ,delegate or a ,resident ,commissioner to ,congress71 the head of an executive branch agency 7as defined in section #acc of title #da1 ,united ,states ,code71 or the head of an office of the legislative branch4 #gcg4 7a7 7#a7 ,notwithstanding any other provision of law1 and except as otherwise provided in this section1 no part of any of the funds appropriated for fiscal year #bjba1 by this or any other ,act1 may be used to pay any prevailing rate employee described in section #ecdb7;a77#b77;,a7 of title #e1 ,united ,states ,code-- 7,a7 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 #bjba1 in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section2 and 7,b7 during the period consisting of the remainder of fiscal year #bjba1 in an amount that exceeds1 as a result of a wage survey adjustment1 the rate payable under subparagraph 7,a7 by more than the sum of-- 7i7 the percentage adjustment taking effect in fiscal year #bjba under section #ecjc of title #e1 ,united ,states ,code1 in the rates of pay under the ,general ,schedule2 and 7ii7 the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year #bjba under section #ecjd of such title 7whether by adjustment or otherwise71 and the overall average percentage of such payments which was effective in the previous fiscal year under such section4 7#b7 ,notwithstanding any other provision of law1 no prevailing rate employee described in subparagraph 7,b7 or 7,c7 of section #ecdb7;a77#b7 of title #e1 ,united ,states ,code1 and no employee covered by section #ecdh of such title1 may be paid during the periods for which paragraph 7#a7 is in effect at a rate that exceeds the rates that would be payable under paragraph 7#a7 were paragraph 7#a7 applicable to such employee4 7#c7 ,for the purposes of this subsection1 the rates payable to an employee who is covered by this subsection and who is paid from a schedule not in existence on ,september #cj1 #bjbj1 shall be determined under regulations prescribed by the ,office of ,personnel ,management4 7#d7 ,notwithstanding any other provision of law1 rates of premium pay for employees subject to this subsection may not be changed from the rates in effect on ,september #cj1 #bjbj1 except to the extent determined by the ,office of ,personnel ,management to be consistent with the purpose of this subsection4 7#e7 ,this subsection shall apply with respect to pay for service performed after ,september #cj1 #bjbj4 7#f7 ,for the purpose of administering any provision of law 7including any rule or regulation that provides premium pay1 retirement1 life insurance1 or any other employee benefit7 that requires any deduction or contribution1 or that imposes any requirement or limitation on the basis of a rate of salary or basic pay1 the rate of salary or basic pay payable after the application of this subsection shall be treated as the rate of salary or basic pay4 7#g7 ,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 effect4 7#h7 ,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 employees4 7b7 ,notwithstanding subsection 7a71 the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year #bjba under sections #ecdd and #ecdh of title #e1 ,united ,states ,code1 shall be-- 7#a7 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 #ecjc and #ecjd of title #e1 ,united ,states ,code3 ,provided1 ,that prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections #ecjc and #ecjd of title #e1 ,united ,states ,code1 and prevailing rate employees described in section #ecdc7;a77#e7 of title #e1 ,united ,states ,code1 shall be considered to be located in the pay locality designated as ,rest of ,united ,states pursuant to section #ecjd of title #e1 ,united ,states ,code1 for purposes of this subsection2 and 7#b7 effective as of the first day of the first applicable pay period beginning after ,september #cj1 #bjbj4 #gch4 7a7 ,the head of any ,executive branch department1 agency1 board1 commission1 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 ,general1 regarding the costs and contracting procedures related to each conference held by any such department1 agency1 board1 commission1 or office during fiscal year #bjba for which the cost to the ,united ,states ,government was more than #ajj1jjj4 7b7 ,each report submitted shall include1 for each conference described in subsection 7a7 held during the applicable period-- 7#a7 a description of its purpose2 7#b7 the number of participants attending2 7#c7 a detailed statement of the costs to the ,united ,states ,government1 including-- 7,a7 the cost of any food or beverages2 7,b7 the cost of any audio-visual services2 7,c7 the cost of employee or contractor travel to and from the conference2 and 7,d7 a discussion of the methodology used to determine which costs relate to the conference2 and 7#d7 a description of the contracting procedures used including-- 7,a7 whether contracts were awarded on a competitive basis2 and 7,b7 a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference4 7c7 ,within #ae days after the end of a quarter1 the head of any such department1 agency1 board1 commission1 or office shall notify the ,inspector ,general or senior ethics official for any entity without an ,inspector ,general1 of the date1 location1 and number of employees attending a conference held by any ,executive branch department1 agency1 board1 commission1 or office funded by this or any other appropriations ,act during fiscal year #bjba for which the cost to the ,united ,states ,government was more than #bj1jjj4 7d7 ,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 7c7 that is not directly and programmatically related to the purpose for which the grant or contract was awarded1 such as a conference held in connection with planning1 training1 assessment1 review1 or other routine purposes related to a project funded by the grant or contract4 7e7 ,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-#ab-ab dated ,may #aa1 #bjab or any subsequent revisions to that memorandum4 #gci4 ,none of the funds made available in this or any other appropriations ,act may be used to increase1 eliminate1 or reduce funding for a program1 project1 or activity as proposed in the ,president's budget request for a fiscal year until such proposed change is subsequently enacted in an appropriation ,act1 or unless such change is made pursuant to the reprogramming or transfer provisions of this or any other appropriations ,act4 #gdj4 ,none of the funds made available by this or any other ,act may be used to implement1 administer1 enforce1 or apply the rule entitled ,competitive ,area published by the ,office of ,personnel ,management in the ,federal ,register on ,april #ae1 #bjjh 7#gc ,fed4 ,reg4 #bjahj et seq474 #gda4 ,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-#gf or any other administrative regulation1 directive1 or policy4 #gdb4 7a7 ,none of the funds appropriated or otherwise made available by this or any other ,act may be available for a contract1 grant1 or cooperative agreement with an entity that requires employees or contractors of such entity seeking to report fraud1 waste1 or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste1 fraud1 or abuse to a designated investigative or law enforcement representative of a ,federal department or agency authorized to receive such information4 7b7 ,the limitation in subsection 7a7 shall not contravene requirements applicable to ,standard ,form #cab1 ,form #ddad1 or any other form issued by a ,federal department or agency governing the nondisclosure of classified information4 #gdc4 7a7 ,no funds appropriated in this or any other ,act may be used to implement or enforce the agreements in ,standard ,forms #cab and #ddad of the ,government or any other nondisclosure policy1 form1 or agreement if such policy1 form1 or agreement does not contain the following provisions3 ,these provisions are consistent with and do not supersede1 conflict with1 or otherwise alter the employee obligations1 rights1 or liabilities created by existing statute or ,executive order relating to 7#a7 classified information1 7#b7 communications to ,congress1 7#c7 the reporting to an ,inspector ,general of a violation of any law1 rule1 or regulation1 or mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety1 or 7#d7 any other whistleblower protection4 ,the definitions1 requirements1 obligations1 rights1 sanctions1 and liabilities created by controlling ,executive orders and statutory provisions are incorporated into this agreement and are controlling43 ,provided1 ,that notwithstanding the preceding provision of this section1 a nondisclosure policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity1 other than an employee or officer of the ,united ,states ,government1 may contain provisions appropriate to the particular activity for which such document is to be used4 ,such form or agreement shall1 at a minimum1 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 ,government4 ,such nondisclosure forms shall also make it clear that they do not bar disclosures to ,congress1 or to an authorized official of an executive agency or the ,department of ,justice1 that are essential to reporting a substantial violation of law4 7b7 ,a nondisclosure agreement may continue to be implemented and enforced notwithstanding subsection 7a7 if it complies with the requirements for such agreement that were in effect when the agreement was entered into4 7c7 ,no funds appropriated in this or any other ,act may be used to implement or enforce any agreement entered into during fiscal year #bjad which does not contain substantially similar language to that required in subsection 7a74 #gdd4 ,none of the funds made available by this or any other ,act may be used to enter into a contract1 memorandum of understanding1 or cooperative agreement with1 make a grant to1 or provide a loan or loan guarantee to1 any corporation that has any unpaid ,federal tax liability that has been assessed1 for which all judicial and administrative remedies have been exhausted or have lapsed1 and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability1 where the awarding agency is aware of the unpaid tax liability1 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 ,government4 #gde4 ,none of the funds made available by this or any other ,act may be used to enter into a contract1 memorandum of understanding1 or cooperative agreement with1 make a grant to1 or provide a loan or loan guarantee to1 any corporation that was convicted of a felony criminal violation under any ,federal law within the preceding #bd months1 where the awarding agency is aware of the conviction1 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 ,government4 #gdf4 7a7 ,during fiscal year #bjba1 on the date on which a request is made for a transfer of funds in accordance with section #ajag of ,public ,law #aaa-bjc1 the ,bureau of ,consumer ,financial ,protection shall notify the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 the ,committee on ,financial ,services of the ,house of ,representatives1 and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate of such request4 7b7 ,any notification required by this section shall be made available on the ,bureau's public website4 #gdg4 ,if1 for fiscal year #bjba1 new budget authority provided in appropriations ,acts exceeds the discretionary spending limit for any category set forth in section #bea7;c7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe due to estimating differences with the ,congressional ,budget ,office1 an adjustment to the discretionary spending limit in such category for fiscal year #bjba 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 #j4b percent of the sum of the adjusted discretionary spending limits for all categories for that fiscal year4 #gdh4 7a7 ,notwithstanding any official rate adjusted under section #ajd of title #c1 ,united ,states ,code1 the rate payable to the ,vice ,president during calendar year #bjba shall be the rate payable to the ,vice ,president on ,december #ca1 #bjbj1 by operation of section #gdi of division ,c of ,public ,law #aaf-ic4 7b7 ,notwithstanding any official rate adjusted under section #ecah of title #e1 ,united ,states ,code1 or any other provision of law1 the payable rate during calendar year #bjba for an employee serving in an ,executive ,schedule position1 or in a position for which the rate of pay is fixed by statute at an ,executive ,schedule rate1 shall be the rate payable for the applicable ,executive ,schedule level on ,december #ca1 #bjbj1 by operation of section #gdi of division ,c of ,public ,law #aaf-ic4 ,such an employee may not receive a rate increase during calendar year #bjba1 except as provided in subsection 7i74 7c7 ,notwithstanding section #dja of the ,foreign ,service ,act of #aihj 7,public ,law #if-dfe7 or any other provision of law1 a chief of mission or ambassador at large is subject to subsection 7b7 in the same manner as other employees who are paid at an ,executive ,schedule rate4 7d7 7#a7 ,this subsection applies to-- 7,a7 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 ,schedule2 or 7,b7 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 ,schedule4 7#b7 ,notwithstanding sections #echb and #echc of title #e1 ,united ,states ,code1 an employee described in paragraph 7#a7 may not receive a pay rate increase during calendar year #bjba1 except as provided in subsection 7i74 7e7 ,notwithstanding any other provision of law1 any employee paid a rate of basic pay 7including any locality- based payments under section #ecjd of title #e1 ,united ,states ,code1 or similar authority7 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 #bjba1 except as provided in subsection 7i74 ,this subsection does not apply to employees in the ,general ,schedule pay system or the ,foreign ,service pay system1 to employees appointed under section #cafa of title #e1 ,united ,states ,code1 or to employees in another pay system whose position would be classified at ,,gs-#ae or below if chapter #ea of title #e1 ,united ,states ,code1 applied to them4 7f7 ,nothing in subsections 7b7 through 7e7 shall prevent employees who do not serve under a political appointment from receiving pay increases as otherwise provided under applicable law4 7g7 ,this section does not apply to an individual who makes an election to retain ,senior ,executive ,service basic pay under section #ccib7;c7 of title #e1 ,united ,states ,code1 for such time as that election is in effect4 7h7 ,this section does not apply to an individual who makes an election to retain ,senior ,foreign ,service pay entitlements under section #cjb7;b7 of the ,foreign ,service ,act of #aihj 7,public ,law #if-dfe7 for such time as that election is in effect4 7i7 ,notwithstanding subsections 7b7 through 7e71 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 movement4 ,any such increase must be based on the rates of pay and applicable limitations on payable rates of pay in effect on ,december #ca1 #bjbj1 by operation of section #gdi of division ,c of ,public ,law #aaf-ic4 7j7 ,notwithstanding any other provision of law1 for an individual who is newly appointed to a covered position during the period of time subject to this section1 the initial pay rate shall be based on the rates of pay and applicable limitations on payable rates of pay in effect on ,december #ca1 #bjbj1 by operation of section #gdi of division ,c of ,public ,law #aaf-ic4 7k7 ,if an employee affected by this section is subject to a biweekly pay period that begins in calendar year #bjba but ends in calendar year #bjbb1 the bar on the employee's receipt of pay rate increases shall apply through the end of that pay period4 7l7 ,for the purpose of this section1 the term covered position means a position occupied by an employee whose pay is restricted under this section4 7m7 ,this section takes effect on the first day of the first applicable pay period beginning on or after ,january #a1 #bjba4 #gdi4 ,except as expressly provided otherwise1 any reference to this ,act contained in any title other than title ,,iv or ,,viii shall not apply to such title ,,iv or ,,viii4 ,,viii ,,general ,,provisions--,,district ,,of ,,columbia 7,,including ,,transfers ,,of ,,funds7 #hja4 ,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 government4 #hjb4 ,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 legislature4 #hjc4 7a7 ,none of the ,federal funds provided under this ,act to the agencies funded by this ,act1 both ,federal and ,district government agencies1 that remain available for obligation or expenditure in fiscal year #bjba1 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 ,act1 shall be available for obligation or expenditures for an agency through a reprogramming of funds which-- 7#a7 creates new programs2 7#b7 eliminates a program1 project1 or responsibility center2 7#c7 establishes or changes allocations specifically denied1 limited or increased under this ,act2 7#d7 increases funds or personnel by any means for any program1 project1 or responsibility center for which funds have been denied or restricted2 7#e7 re-establishes any program or project previously deferred through reprogramming2 7#f7 augments any existing program1 project1 or responsibility center through a reprogramming of funds in excess of #c1jjj1jjj or #aj percent1 whichever is less2 or 7#g7 increases by #bj percent or more personnel assigned to a specific program1 project or responsibility center1 unless prior approval is received from the ,committees on ,appropriations of the ,house of ,representatives and the ,senate4 7b7 ,the ,district of ,columbia government is authorized to approve and execute reprogramming and transfer requests of local funds under this title through ,november #g1 #bjba4 #hjd4 ,none of the ,federal funds provided in this ,act may be used by the ,district of ,columbia to provide for salaries1 expenses1 or other costs associated with the offices of ,united ,states ,senator or ,united ,states ,representative under section #d7;d7 of the ,district of ,columbia ,statehood ,constitutional ,convention ,initiatives of #aigi 7,d4,c4 ,law #c-aga2 ,d4,c4 ,official ,code1 sec4 #a-abc74 #hje4 ,except as otherwise provided in this section1 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 duties4 ,for purposes of this section1 the term official duties does not include travel between the officer's or employee's residence and workplace1 except in the case of-- 7#a7 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 ,department2 7#b7 at the discretion of the ,fire ,chief1 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 #bd hours a day2 7#c7 at the discretion of the ,director of the ,department of ,corrections1 an officer or employee of the ,district of ,columbia ,department of ,corrections who resides in the ,district of ,columbia and is on call #bd hours a day2 7#d7 at the discretion of the ,chief ,medical ,examiner1 an officer or employee of the ,office of the ,chief ,medical ,examiner who resides in the ,district of ,columbia and is on call #bd hours a day2 7#e7 at the discretion of the ,director of the ,homeland ,security and ,emergency ,management ,agency1 an officer or employee of the ,homeland ,security and ,emergency ,management ,agency who resides in the ,district of ,columbia and is on call #bd hours a day2 7#f7 the ,mayor of the ,district of ,columbia2 and 7#g7 the ,chairman of the ,council of the ,district of ,columbia4 #hjf4 7a7 ,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 ,columbia4 7b7 ,nothing in this section bars the ,district of ,columbia ,attorney ,general from reviewing or commenting on briefs in private lawsuits1 or from consulting with officials of the ,district government regarding such lawsuits4 #hjg4 ,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 distribution4 #hjh4 ,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 plans1 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 convictions4 #hji4 7a7 ,none of the ,federal funds contained in this ,act may be used to enact or carry out any law1 rule1 or regulation to legalize or otherwise reduce penalties associated with the possession1 use1 or distribution of any schedule ,i substance under the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 or any tetrahydrocannabinols derivative4 7b7 ,no funds available for obligation or expenditure by the ,district of ,columbia government under any authority may be used to enact any law1 rule1 or regulation to legalize or otherwise reduce penalties associated with the possession1 use1 or distribution of any schedule ,i substance under the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 or any tetrahydrocannabinols derivative for recreational purposes4 #haj4 ,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 incest4 #haa4 7a7 ,no later than #cj calendar days after the date of the enactment of this ,act1 the ,chief ,financial ,officer for the ,district of ,columbia shall submit to the appropriate committees of ,congress1 the ,mayor1 and the ,council of the ,district of ,columbia1 a revised appropriated funds operating budget in the format of the budget that the ,district of ,columbia government submitted pursuant to section #ddb of the ,district of ,columbia ,home ,rule ,act 7,d4,c4 ,official ,code1 sec4 #a-bjd4db71 for all agencies of the ,district of ,columbia government for fiscal year #bjba that is in the total amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services1 respectively1 with anticipated actual expenditures4 7b7 ,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 requirements4 #hab4 ,no later than #cj calendar days after the date of the enactment of this ,act1 the ,chief ,financial ,officer for the ,district of ,columbia shall submit to the appropriate committees of ,congress1 the ,mayor1 and the ,council for the ,district of ,columbia1 a revised appropriated funds operating budget for the ,district of ,columbia ,public ,schools that aligns schools budgets to actual enrollment4 ,the revised appropriated funds budget shall be in the format of the budget that the ,district of ,columbia government submitted pursuant to section #ddb of the ,district of ,columbia ,home ,rule ,act 7,d4,c4 ,official ,code1 sec4 #a-bjd4db74 #hac4 7a7 ,amounts appropriated in this ,act as operating funds may be transferred to the ,district of ,columbia's enterprise and capital funds and such amounts1 once transferred1 shall retain appropriation authority consistent with the provisions of this ,act4 7b7 ,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 funds1 and such amounts1 once transferred or reprogrammed1 shall retain appropriation authority consistent with the provisions of this ,act4 7c7 ,the ,district of ,columbia government may not transfer or reprogram for operating expenses any funds derived from bonds1 notes1 or other obligations issued for capital projects4 #had4 ,none of the ,federal funds appropriated in this ,act shall remain available for obligation beyond the current fiscal year1 nor may any be transferred to other appropriations1 unless expressly so provided herein4 #hae4 ,except as otherwise specifically provided by law or under this ,act1 not to exceed #ej percent of unobligated balances remaining available at the end of fiscal year #bjba from appropriations of ,federal funds made available for salaries and expenses for fiscal year #bjba in this ,act1 shall remain available through ,september #cj1 #bjbb1 for each such account for the purposes authorized3 ,provided1 ,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 funds3 ,provided further1 ,that these requests shall be made in compliance with reprogramming guidelines outlined in section #hjc of this ,act4 #haf4 7a7 7#a7 ,during fiscal year #bjbb1 during a period in which neither a ,district of ,columbia continuing resolution or a regular ,district of ,columbia appropriation bill is in effect1 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 7#b7 7subject to any modifications enacted by the ,district of ,columbia as of the beginning of the period during which this subsection is in effect7 at the rate set forth by such ,act4 7#b7 ,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 #bjbb which 7subject to the requirements of the ,district of ,columbia ,home ,rule ,act7 will constitute the local portion of the annual budget for the ,district of ,columbia government for fiscal year #bjbb for purposes of section #ddf of the ,district of ,columbia ,home ,rule ,act 7sec4 #a-bjd4df1 ,d4,c4 ,official ,code74 7b7 ,appropriations made by subsection 7a7 shall cease to be available-- 7#a7 during any period in which a ,district of ,columbia continuing resolution for fiscal year #bjbb is in effect2 or 7#b7 upon the enactment into law of the regular ,district of ,columbia appropriation bill for fiscal year #bjbb4 7c7 ,an appropriation made by subsection 7a7 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 ,act4 7d7 ,an appropriation made by subsection 7a7 shall cover all obligations or expenditures incurred for such project or activity during the portion of fiscal year #bjbb for which this section applies to such project or activity4 7e7 ,this section shall not apply to a project or activity during any period of fiscal year #bjbb if any other provision of law 7other than an authorization of appropriations7-- 7#a7 makes an appropriation1 makes funds available1 or grants authority for such project or activity to continue for such period2 or 7#b7 specifically provides that no appropriation shall be made1 no funds shall be made available1 or no authority shall be granted for such project or activity to continue for such period4 7f7 ,nothing in this section shall be construed to affect obligations of the government of the ,district of ,columbia mandated by other law4 #hag4 7a7 ,section #bdd of the ,revised ,statutes of the ,united ,states relating to the ,district of ,columbia 7sec4 #i-abja4jc1 ,d4,c4 ,official ,code7 does not apply with respect to any railroads installed pursuant to the ,long ,bridge ,project4 7b7 ,in this section1 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 ,river1 including related infrastructure and other related projects1 to expand commuter and regional passenger rail service and to provide bike and pedestrian access crossings over the ,potomac ,river4 #hah4 ,not later than #de days after the last day of each quarter1 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 ,act1 by the source year of the appropriation4 #hai4 ,except as expressly provided otherwise1 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 ,,iv4 ,,ix ,,general ,,provision--,,emergency ,,funding #ija4 ,for an additional amount for ,records ,center ,revolving ,fund for the ,federal ,record ,centers ,program1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 which shall be for offsetting the loss resulting from the coronavirus pandemic of the user charges collected by such ,fund pursuant to subsection 7c7 under the heading ,records ,center ,revolving ,fund in ,public ,law #ajf-eh1 as amended 7#dd ,u4,s4,c4 #bija note73 ,provided1 ,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 ,act3 ,provided further1 ,that such amount is provided without regard to the limitation in subsection 7d7 under the heading ,records ,center ,revolving ,fund in ,public ,law #ajf-eh1 as amended 7#dd ,u4,s4,c4 #bija note73 ,provided further1 ,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 pandemic3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,this division may be cited as the ,financial ,services and ,general ,government ,appropriations ,act1 #bjba4 ,f ,department of ,homeland ,security ,appropriations ,act1 #bjba ,i ,departmental management1 operations1 intelligence1 and oversight ,office of the secretary and executive management ,,operations ,,and ,,support ,for necessary expenses of the ,office of the ,secretary and for executive management for operations and support1 #ahj1hai1jjj2 of which #bj1jjj1jjj shall be for the ,office of the ,ombudsman for ,immigration ,detention1 of which #e1jjj1jjj shall remain available until ,september #cj1 #bjbb3 ,provided1 ,that not to exceed #cj1jjj shall be for official reception and representation expenses4 ,,federal ,,assistance 7,,including ,,transfers ,,of ,,funds7 ,for necessary expenses of the ,office of the ,secretary and for executive management for ,federal assistance through grants1 contracts1 cooperative agreements1 and other activities1 #be1jjj1jjj1 which shall be transferred to the ,federal ,emergency ,management ,agency1 of which #bj1jjj1jjj shall be for targeted violence and terrorism prevention grants and of which #e1jjj1jjj shall be for an ,alternatives to ,detention ,case ,management pilot program1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that the amounts made available for the pilot program shall be awarded to nonprofit organizations and local governments and administered by a ,national ,board1 which shall be chaired by the ,officer for ,civil ,rights and ,civil ,liberties1 for the purposes of providing case management services1 including but not limited to3 mental health services2 human and sex trafficking screening2 legal orientation programs2 cultural orientation programs2 connections to social services2 and for individuals who will be removed1 reintegration services3 ,provided further1 ,that such services shall be provided to each individual enrolled into the ,u4,s4 ,immigration and ,customs ,enforcement ,alternatives to ,detention program in the geographic areas served by the pilot program3 ,provided further1 ,that any such individual may opt out of receiving such services after providing written informed consent3 ,provided further1 ,that not to exceed #cej1jjj shall be for the administrative costs of the ,department of ,homeland ,security for the pilot program4 ,management directorate ,,operations ,,and ,,support ,for necessary expenses of the ,management ,directorate for operations and support1 #a1cih1afb1jjj3 ,provided1 ,that not to exceed #b1jjj shall be for official reception and representation expenses4 ,,procurement1 ,,construction1 ,,and ,,improvements ,for necessary expenses of the ,management ,directorate for procurement1 construction1 and improvements1 #bad1gie1jjj1 of which #aei1faa1jjj shall remain available until ,september #cj1 #bjbc2 and of which #ee1ahd1jjj shall remain available until ,september #cj1 #bjbe4 ,,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 ,service4 ,intelligence1 analysis1 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 support1 #bih1ejj1jjj1 of which #hb1fbj1jjj shall remain available until ,september #cj1 #bjbb3 ,provided1 ,that not to exceed #c1hbe shall be for official reception and representation expenses and not to exceed #b1jjj1jjj is available for facility needs associated with secure space at fusion centers1 including improvements to buildings4 ,office of the inspector general ,,operations ,,and ,,support ,for necessary expenses of the ,office of the ,inspector ,general for operations and support1 #aij1ahf1jjj3 ,provided1 ,that not to exceed #cjj1jjj may be used for certain confidential operational expenses1 including the payment of informants1 to be expended at the direction of the ,inspector ,general4 ,administrative provisions #aja4 7a7 ,the ,secretary of ,homeland ,security shall submit a report not later than ,october #ae1 #bjba1 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 #bjbj or #bjba4 7b7 ,the ,inspector ,general shall review the report required by subsection 7a7 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 #ae1 #bjbb4 #ajb4 ,not later than #cj days after the last day of each month1 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 program1 project1 and activity levels1 by the source year of the appropriation4 #ajc4 ,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 outcomes1 which shall be specified in terms of cost1 schedule1 and performance4 #ajd4 7a7 ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of the ,treasury1 shall notify the ,committees on ,appropriations of the ,senate and the ,house of ,representatives of any proposed transfers of funds available under section #igje7;g77#d77;,b7 of title #ca1 ,united ,states ,code1 from the ,department of the ,treasury ,forfeiture ,fund to any agency within the ,department of ,homeland ,security4 7b7 ,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 transfer4 #aje4 ,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 ,secretary4 #ajf4 ,section #ajg of the ,department of ,homeland ,security ,appropriations ,act1 #bjah 7division ,f of ,public ,law #aae-ada71 related to visa overstay data and border security metrics1 shall apply in fiscal year #bjba1 except that the reference to this ,act shall be treated as referring to this ,act1 and the reference to #bjag shall be treated as referring to #bjbj4 ,,ii ,,security1 ,,enforcement1 ,,and ,,investigations ,u4,s4 customs and border protection ,,operations ,,and ,,support 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses of ,u4,s4 ,customs and ,border ,protection for operations and support1 including the transportation of unaccompanied minor aliens2 the provision of air and marine support to ,federal1 ,state1 local1 and international agencies in the enforcement or administration of laws enforced by the ,department of ,homeland ,security2 at the discretion of the ,secretary of ,homeland ,security1 the provision of such support to ,federal1 ,state1 and local agencies in other law enforcement and emergency humanitarian efforts2 the purchase and lease of up to #g1ejj 7#f1ejj for replacement only7 police-type vehicles2 the purchase1 maintenance1 or operation of marine vessels1 aircraft1 and unmanned aerial systems2 and contracting with individuals for personal services abroad2 #ab1ijh1ibc1jjj2 of which #c1bgd1jjj shall be derived from the ,harbor ,maintenance ,trust ,fund for administrative expenses related to the collection of the ,harbor ,maintenance ,fee pursuant to section #ieje7;c77#c7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #ieje7;c77#c77 and notwithstanding section #aeaa7;e77#a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #eea7;e77#a772 of which #ejj1jjj1jjj shall be available until ,september #cj1 #bjbb2 and of which such sums as become available in the ,customs ,user ,fee ,account1 except sums subject to section #acjca7;f77#c7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7f77#c771 shall be derived from that account3 ,provided1 ,that not to exceed #cd1dbe shall be for official reception and representation expenses3 ,provided further1 ,that not to exceed #aej1jjj shall be available for payment for rental space in connection with preclearance operations3 ,provided further1 ,that not to exceed #b1jjj1jjj shall be for awards of compensation to informants1 to be accounted for solely under the certificate of the ,secretary of ,homeland ,security3 ,provided further1 ,that not to exceed #e1jjj1jjj may be transferred to the ,bureau of ,indian ,affairs for the maintenance and repair of roads on ,native ,american reservations used by the ,u4,s4 ,border ,patrol4 ,,procurement1 ,,construction1 ,,and ,,improvements ,for necessary expenses of ,u4,s4 ,customs and ,border ,protection for procurement1 construction1 and improvements1 including procurement of marine vessels1 aircraft1 and unmanned aerial systems1 #a1hci1fcd1jjj1 of which #cbb1bce1jjj shall remain available until ,september #cj1 #bjbc1 and of which #a1eag1cii1jjj shall remain available until ,september #cj1 #bjbe4 ,u4,s4 ,immigration and customs enforcement ,,operations ,,and ,,support ,for necessary expenses of ,u4,s4 ,immigration and ,customs ,enforcement for operations and support1 including the purchase and lease of up to #c1gij 7#b1cej for replacement only7 police-type vehicles2 overseas vetted units2 and maintenance1 minor construction1 and minor leasehold improvements at owned and leased facilities2 #g1hge1gcj1jjj2 of which not less than #f1jjj1jjj shall remain available until expended for efforts to enforce laws against forced child labor2 of which #df1fif1jjj shall remain available until ,september #cj1 #bjbb2 of which not less than #a1ejj1jjj is for paid apprenticeships for participants in the ,human ,exploitation ,rescue ,operative ,child-,rescue ,corps2 of which not less than #ae1jjj1jjj shall be available for investigation of intellectual property rights violations1 including operation of the ,national ,intellectual ,property ,rights ,coordination ,center2 and of which not less than #d1aah1ijb1jjj shall be for enforcement1 detention1 and removal operations1 including transportation of unaccompanied minor aliens3 ,provided1 ,that not to exceed #aa1dge shall be for official reception and representation expenses3 ,provided further1 ,that not to exceed #aj1jjj1jjj shall be available until expended for conducting special operations under section #caca of the ,customs ,enforcement ,act of #aihf 7#ai ,u4,s4,c4 #bjha73 ,provided further1 ,that not to exceed #b1jjj1jjj shall be for awards of compensation to informants1 to be accounted for solely under the certificate of the ,secretary of ,homeland ,security3 ,provided further1 ,that not to exceed #aa1baf1jjj shall be available to fund or reimburse other ,federal agencies for the costs associated with the care1 maintenance1 and repatriation of smuggled aliens unlawfully present in the ,united ,states4 ,,procurement1 ,,construction1 ,,and ,,improvements ,for necessary expenses of ,u4,s4 ,immigration and ,customs ,enforcement for procurement1 construction1 and improvements1 #ig1gii1jjj1 of which #bd1ech1jjj shall remain available until ,september #cj1 #bjbc1 and of which #gc1bfa1jjj shall remain available until ,september #cj1 #bjbe4 ,transportation security administration ,,operations ,,and ,,support ,for necessary expenses of the ,transportation ,security ,administration for operations and support1 #g1gic1gae1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that not to exceed #g1fej shall be for official reception and representation expenses3 ,provided further1 ,that security service fees authorized under section #ddidj of title #di1 ,united ,states ,code1 shall be credited to this appropriation as offsetting collections and shall be available only for aviation security3 ,provided further1 ,that the sum appropriated 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 #bjba so as to result in a final fiscal year appropriation from the general fund estimated at not more than #d1hec1gae1jjj4 ,,procurement1 ,,construction1 ,,and ,,improvements ,for necessary expenses of the ,transportation ,security ,administration for procurement1 construction1 and improvements1 #acd1dib1jjj1 to remain available until ,september #cj1 #bjbc4 ,,research ,,and ,,development ,for necessary expenses of the ,transportation ,security ,administration for research and development1 #bi1ebd1jjj1 to remain available until ,september #cj1 #bjbb4 ,coast guard ,,operations ,,and ,,support ,for necessary expenses of the ,coast ,guard for operations and support including the ,coast ,guard ,reserve2 purchase or lease of not to exceed #be passenger motor vehicles1 which shall be for replacement only2 purchase or lease of small boats for contingent and emergent requirements 7at a unit cost of not more than #gjj1jjj7 and repairs and service-life replacements1 not to exceed a total of #ca1jjj1jjj2 purchase1 lease1 or improvements of boats necessary for overseas deployments and activities2 payments pursuant to section #aef of ,public ,law #ig-cgg 7#db ,u4,s4,c4 #djb note2 #if ,stat4 #aibj72 and recreation and welfare2 #h1dhe1adf1jjj1 of which #ecj1jjj1jjj shall be for defense-related activities2 of which #bd1ejj1jjj shall be derived from the ,oil ,spill ,liability ,trust ,fund to carry out the purposes of section #ajab7;a77#e7 of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgab7;a77#e772 of which #aa1jjj1jjj shall remain available until ,september #cj1 #bjbc2 of which #ba1ahf1jjj shall remain available until ,september #cj1 #bjbe1 for environmental compliance and restoration2 and of which #gj1jjj1jjj shall remain available until ,september #cj1 #bjbb1 for vessel depot level maintenance3 ,provided1 ,that not to exceed #bc1jjj shall be for official reception and representation expenses4 ,,procurement1 ,,construction1 ,,and ,,improvements ,for necessary expenses of the ,coast ,guard for procurement1 construction1 and improvements1 including aids to navigation1 shore facilities 7including facilities at ,department of ,defense installations used by the ,coast ,guard71 and vessels and aircraft1 including equipment related thereto1 #b1bfd1jda1jjj1 to remain available until ,september #cj1 #bjbe2 of which #bj1jjj1jjj shall be derived from the ,oil ,spill ,liability ,trust ,fund to carry out the purposes of section #ajab7;a77#e7 of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgab7;a77#e774 ,,research ,,and ,,development ,for necessary expenses of the ,coast ,guard for research and development2 and for maintenance1 rehabilitation1 lease1 and operation of facilities and equipment2 #aj1bgf1jjj1 to remain available until ,september #cj1 #bjbc1 of which #ejj1jjj shall be derived from the ,oil ,spill ,liability ,trust ,fund to carry out the purposes of section #ajab7;a77#e7 of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgab7;a77#e773 ,provided1 ,that there may be credited to and used for the purposes of this appropriation funds received from ,state and local governments1 other public authorities1 private sources1 and foreign countries for expenses incurred for research1 development1 testing1 and evaluation4 ,,retired ,,pay ,for retired pay1 including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose1 payments under the ,retired ,serviceman's ,family ,protection and ,survivor ,benefits ,plans1 payment for career status bonuses1 payment of continuation pay under section #cef of title #cg1 ,united ,states ,code1 concurrent receipts1 combat-related special compensation1 and payments for medical care of retired personnel and their dependents under chapter #ee of title #aj1 ,united ,states ,code1 #a1hfi1gjd1jjj1 to remain available until expended4 ,united states secret service ,,operations ,,and ,,support ,for necessary expenses of the ,united ,states ,secret ,service for operations and support1 including purchase of not to exceed #feb vehicles for police-type use for replacement only2 hire of passenger motor vehicles2 purchase of motorcycles made in the ,united ,states2 hire of aircraft2 rental of buildings in the ,district of ,columbia2 fencing1 lighting1 guard booths1 and other facilities on private or other property not in ,government ownership or control1 as may be necessary to perform protective functions2 conduct of and participation in firearms matches2 presentation of awards2 conduct of behavioral research in support of protective intelligence and operations2 payment in advance for commercial accommodations as may be necessary to perform protective functions2 and payment1 without regard to section #egjb of title #e1 ,united ,states ,code1 of subsistence expenses of employees who are on protective missions1 whether at or away from their duty stations2 #b1cgc1aji1jjj2 of which #da1hjg1jjj shall remain available until ,september #cj1 #bjbb1 and of which #f1jjj1jjj shall be for a grant for activities related to investigations of missing and exploited children2 and of which up to #ae1jjj1jjj may be for calendar year #bjbj premium pay in excess of the annual equivalent of the limitation on the rate of pay contained in section #eedg7;a7 of title #e1 ,united ,states ,code1 pursuant to section #b of the ,overtime ,pay for ,protective ,services ,act of #bjaf 7#e ,u4,s4,c4 #eedg note71 as amended by ,public ,law #aae-chc3 ,provided1 ,that not to exceed #ai1abe shall be for official reception and representation expenses3 ,provided further1 ,that not to exceed #ajj1jjj shall be to provide technical assistance and equipment to foreign law enforcement organizations in criminal investigations within the jurisdiction of the ,united ,states ,secret ,service4 ,,procurement1 ,,construction1 ,,and ,,improvements ,for necessary expenses of the ,united ,states ,secret ,service for procurement1 construction1 and improvements1 #eb1iee1jjj1 to remain available until ,september #cj1 #bjbc4 ,,research ,,and ,,development ,for necessary expenses of the ,united ,states ,secret ,service for research and development1 #aa1icg1jjj1 to remain available until ,september #cj1 #bjbb4 ,administrative provisions #bja4 ,section #bja of the ,department of ,homeland ,security ,appropriations ,act1 #bjah 7division ,f of ,public ,law #aae-ada71 related to overtime compensation limitations1 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 ,act1 except that fiscal year #bjba shall be substituted for fiscal year #bjah4 #bjb4 ,funding made available under the headings ,u4,s4 ,customs and ,border ,protection--,operations and ,support and ,u4,s4 ,customs and ,border ,protection--,procurement1 ,construction1 and ,improvements shall be available for customs expenses when necessary to maintain operations and prevent adverse personnel actions in ,puerto ,rico and the ,u4,s4 ,virgin ,islands1 in addition to funding provided by sections #gdj and #adjf;i of title #dh1 ,united ,states ,code4 #bjc4 ,as authorized by section #fja7;b7 of the ,united ,states-,colombia ,trade ,promotion ,agreement ,implementation ,act 7,public ,law #aab-db71 fees collected from passengers arriving from ,canada1 ,mexico1 or an adjacent island pursuant to section #acjca7;a77#e7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7a77#e77 shall be available until expended4 #bjd4 ,for an additional amount for ,u4,s4 ,customs and ,border ,protection--,operations and ,support1 #ca1jjj1jjj1 to remain available until expended1 to be reduced by amounts collected and credited to this appropriation in fiscal year #bjba from amounts authorized to be collected by section #bhf7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7;i771 section #ajdab of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hcaa71 and section #hag of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7,public ,law #aad-be71 or other such authorizing language3 ,provided1 ,that to the extent that amounts realized from such collections exceed #ca1jjj1jjj1 those amounts in excess of #ca1jjj1jjj shall be credited to this appropriation1 to remain available until expended4 #bje4 ,none of the funds made available in this ,act for ,u4,s4 ,customs and ,border ,protection may be used to prevent an individual not in the business of importing a prescription drug 7within the meaning of section #hja7;g7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act7 from importing a prescription drug from ,canada that complies with the ,federal ,food1 ,drug1 and ,cosmetic ,act3 ,provided1 ,that this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription drug1 not to exceed a #ij-;day supply3 ,provided further1 ,that the prescription drug may not be-- 7#a7 a controlled substance1 as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb72 or 7#b7 a biological product1 as defined in section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb74 #bjf4 ,notwithstanding any other provision of law1 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 #eja7;b7 of title #df1 ,united ,states ,code1 for the transportation of crude oil distributed from and to the ,strategic ,petroleum ,reserve until the ,secretary of ,homeland ,security1 after consultation with the ,secretaries of the ,departments of ,energy and ,transportation and representatives from the ,united ,states flag maritime industry1 takes adequate measures to ensure the use of ,united ,states flag vessels3 ,provided1 ,that the ,secretary shall notify the ,committees on ,appropriations of the ,senate and the ,house of ,representatives1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives within #b business days of any request for waivers of navigation and vessel-inspection laws pursuant to section #eja7;b7 of title #df1 ,united ,states ,code1 with respect to such transportation1 and the disposition of such requests4 #bjg4 7a7 ,beginning on the date of enactment of this ,act1 the ,secretary of ,homeland ,security shall not-- 7#a7 establish1 collect1 or otherwise impose any new border crossing fee on individuals crossing the ,southern border or the ,northern border at a land port of entry2 or 7#b7 conduct any study relating to the imposition of a border crossing fee4 7b7 ,in this section1 the term border crossing fee means a fee that every pedestrian1 cyclist1 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 entry4 #bjh4 ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,homeland ,security shall submit an expenditure plan for any amounts made available for ,u4,s4 ,customs and ,border ,protection--,procurement1 ,construction1 and ,improvements in this ,act and prior ,acts to the ,committees on ,appropriations of the ,senate and the ,house of ,representatives3 ,provided1 ,that no such amounts may be obligated prior to the submission of such plan4 #bji4 ,of the total amount made available under ,u4,s4 ,customs and ,border ,protection--,procurement1 ,construction1 and ,improvements1 #dfd1fcd1jjj shall be available only as follows3 7#a7 #afj1ecj1jjj for the acquisition and deployment of border security technologies and trade and travel assets and infrastructure2 7#b7 #adb1cii1jjj for facility construction and improvements2 7#c7 #aai1jgf1jjj for integrated operations assets and infrastructure2 and 7#d7 #db1fbi1jjj for mission support and infrastructure4 #baj4 ,of the total amount made available under ,u4,s4 ,customs and ,border ,protection--,procurement1 ,construction1 and ,improvements1 an amount equal to the amount made available in section #bji7;a77#a7 of division ,d of the ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-ic7 shall be made available for the same purposes as the amount provided under such section in such ,act4 #baa4 ,federal funds may not be made available for the construction of fencing-- 7#a7 within the ,santa ,ana ,wildlife ,refuge2 7#b7 within the ,bentsen-,rio ,grande ,valley ,state ,park2 7#c7 within ,la ,lomita ,historical park2 7#d7 within the ,national ,butterfly ,center2 7#e7 within or east of the ,vista del ,mar ,ranch tract of the ,lower ,rio ,grande ,valley ,national ,wildlife ,refuge2 or 7#f7 within historic cemeteries4 #bab4 ,funds made available in this ,act may be used to alter operations within the ,national ,targeting ,center of ,u4,s4 ,customs and ,border ,protection3 ,provided1 ,that none of the funds provided by this ,act1 provided by previous appropriations ,acts that remain available for obligation or expenditure in fiscal year #bjba1 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 ,act1 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 ,act4 #bac4 ,without regard to the limitation as to time and condition of section #ejc7;d7 of this ,act1 the ,secretary may reprogram within and transfer funds to ,u4,s4 ,immigration and ,customs ,enforcement--,operations and ,support as necessary to ensure the detention of aliens prioritized for removal4 #bad4 ,none of the funds provided under the heading ,u4,s4 ,immigration and ,customs ,enforcement--,operations and ,support may be used to continue a delegation of law enforcement authority authorized under section #bhg7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;g77 if the ,department of ,homeland ,security ,inspector ,general determines that the terms of the agreement governing the delegation of authority have been materially violated4 #bae4 7a7 ,none of the funds provided under the heading ,u4,s4 ,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 system4 7b7 ,beginning not later than ,january #a1 #bjba1 the performance evaluations referenced in subsection 7a7 shall be conducted by the ,u4,s4 ,immigration and ,customs ,enforcement ,office of ,professional ,responsibility4 #baf4 ,the reports required to be submitted under section #bah of the ,department of ,homeland ,security ,appropriations ,act1 #bjbj 7division ,d of ,public ,law #aaf-ic7 shall continue to be submitted with respect to the period beginning #ae days after the date of the enactment of this ,act and semimonthly thereafter1 and each matter required to be included in such report by such section #bah shall apply in the same manner and to the same extent during the period described in this section1 except that for purposes of reports submitted with respect to such period described1 the following additional requirements shall be treated as being included as subparagraphs 7,h7 through 7,j7 of paragraph 7#a7 of such section #bah-- 7#a7 the average lengths of stay1 including average post-determination length of stay in the case of detainees described in subparagraph 7,f71 for individuals who remain in detention as of the last date of each such reporting period2 7#b7 the number who have been in detention1 disaggregated by the number of detainees described in subparagraph 7,f71 for each of the following-- 7,a7 over #b years2 7,b7 from over #a year to #b years2 7,c7 from over #f months to #a year2 and 7,d7 for less than #f months2 and 7#c7 the number of individuals described in section #aae4e of title #bh1 ,code of ,federal ,regulations1 including the use and duration of solitary confinement for such person4 #bag4 ,the terms and conditions of sections #baf and #bag of the ,department of ,homeland ,security ,appropriations ,act1 #bjbj 7division ,d of ,public ,law #aaf-ic7 shall apply to this ,act4 #bah4 ,members of the ,united ,states ,house of ,representatives and the ,united ,states ,senate1 including the leadership2 the heads of ,federal agencies and commissions1 including the ,secretary1 ,deputy ,secretary1 ,under ,secretaries1 and ,assistant ,secretaries of the ,department of ,homeland ,security2 the ,united ,states ,attorney ,general1 ,deputy ,attorney ,general1 ,assistant ,attorneys ,general1 and the ,united ,states ,attorneys2 and senior members of the ,executive ,office of the ,president1 including the ,director of the ,office of ,management and ,budget1 shall not be exempt from ,federal passenger and baggage screening4 #bai4 ,any award by the ,transportation ,security ,administration to deploy explosives detection systems shall be based on risk1 the airport's current reliance on other screening solutions1 lobby congestion resulting in increased security concerns1 high injury rates1 airport readiness1 and increased cost effectiveness4 #bbj4 ,notwithstanding section #ddibc of title #di1 ,united ,states ,code1 for fiscal year #bjba1 any funds in the ,aviation ,security ,capital ,fund established by section #ddibc7;h7 of title #di1 ,united ,states ,code1 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 #ddibc7;a7 of such title4 #bba4 ,none of the funds made available by this or any other ,act may be used by the ,administrator of the ,transportation ,security ,administration to implement1 administer1 or enforce1 in abrogation of the responsibility described in section #ddijc7n77#a7 of title #di1 ,united ,states ,code1 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 #a1 #bjac4 #bbb4 ,not later than #cj days after the submission of the ,president's budget proposal1 the ,administrator of the ,transportation ,security ,administration shall submit to the ,committees on ,appropriations and ,commerce1 ,science1 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 requirements3 7#a7 a ,capital ,investment ,plan that includes a plan for continuous and sustained capital investment in new1 and the replacement of aged1 transportation security equipment2 7#b7 the #e-year technology investment plan as required by section #afaa of title ,,xvi of the ,homeland ,security ,act of #bjjb1 as amended by section #c of the ,transportation ,security ,acquisition ,reform ,act 7,public ,law #aac-bde72 and 7#c7 the ,advanced ,integrated ,passenger ,screening ,technologies report as required by the ,senate ,report accompanying the ,department of ,homeland ,security ,appropriations ,act1 #bjai 7,senate ,report #aae-bhc74 #bbc4 ,section #bbe of division ,a of ,public ,law #aaf-f 7#di ,u4,s4,c4 #ddija note2 relating to a pilot program for screening outside of an existing primary passenger terminal screening area7 is amended in subsection 7e7 by striking #bjba and inserting #bjbc4 #bbd4 ,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 #abaad of title #df1 ,united ,states ,code1 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 ,support3 ,provided1 ,that to the extent such fees are insufficient to pay expenses of recreational vessel documentation under such section #abaad1 and there is a backlog of recreational vessel applications1 personnel performing non-recreational vessel documentation functions under subchapter ,,ii of chapter #aba of title #df1 ,united ,states ,code1 may perform documentation under section #abaad4 #bbe4 ,without regard to the limitation as to time and condition of section #ejc7;d7 of this ,act1 after ,june #cj1 up to #aj1jjj1jjj may be reprogrammed to or from the ,military ,pay and ,allowances funding category within ,coast ,guard--,operations and ,support in accordance with subsection 7a7 of section #ejc of this ,act4 #bbf4 ,notwithstanding any other provision of law1 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--,acquisition1 ,construction1 and ,improvements in the ,department of ,homeland ,security ,appropriations ,act1 #bjae 7,public ,law #aad-d71 which shall be subject to the requirements in the third and fourth provisos under such heading4 #bbg4 ,of the funds made available for defense-related activities under the heading ,coast ,guard--,operations and ,support1 up to #aij1jjj1jjj that are used for enduring overseas missions in support of the global fight against terror may be reallocated by program1 project1 and activity1 notwithstanding section #ejc of this ,act4 #bbh4 ,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 levels4 #bbi4 ,none of the funds appropriated by this ,act may be used to conduct1 or to implement the results of1 a competition under ,office of ,management and ,budget ,circular ,a-#gf for activities performed with respect to the ,coast ,guard ,national ,vessel ,documentation ,center4 #bcj4 ,funds made available in this ,act may be used to alter operations within the ,civil ,engineering ,program of the ,coast ,guard nationwide1 including civil engineering units1 facilities design and construction centers1 maintenance and logistics commands1 and the ,coast ,guard ,academy1 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 ,act4 #bca4 ,amounts deposited into the ,coast ,guard ,housing ,fund in fiscal year #bjba shall be available until expended to carry out the purposes of section #bidf of title #ad1 ,united ,states ,code1 and shall be in addition to funds otherwise available for such purposes4 #bcb4 ,the ,united ,states ,secret ,service is authorized to obligate funds in anticipation of reimbursements from executive agencies1 as defined in section #aje of title #e1 ,united ,states ,code1 for personnel receiving training sponsored by the ,james ,j4 ,rowley ,training ,center1 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 year4 #bcc4 ,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 ,security3 ,provided1 ,that the ,director of the ,united ,states ,secret ,service may enter into agreements to provide such protection on a fully reimbursable basis4 #bcd4 ,for purposes of section #ejc7;a77#c7 of this ,act1 up to #ae1jjj1jjj may be reprogrammed within ,united ,states ,secret ,service--,operations and ,support4 #bce4 ,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 #aj or more days in advance1 or as early as practicable1 prior to such expenditures4 ,,iii ,,protection1 ,,preparedness1 ,,response1 ,,and ,,recovery ,cybersecurity and infrastructure security agency ,,operations ,,and ,,support ,for necessary expenses of the ,cybersecurity and ,infrastructure ,security ,agency for operations and support1 #a1ffb1jff1jjj1 of which #bb1gic1jjj1 shall remain available until ,september #cj1 #bjbb3 ,provided1 ,that not to exceed #c1hbe shall be for official reception and representation expenses4 ,,procurement1 ,,construction1 ,,and ,,improvements ,for necessary expenses of the ,cybersecurity and ,infrastructure ,security ,agency for procurement1 construction1 and improvements1 #cec1dgi1jjj1 to remain available until ,september #cj1 #bjbc4 ,,research ,,and ,,development ,for necessary expenses of the ,cybersecurity and ,infrastructure ,security ,agency for research and development1 #i1dca1jjj1 to remain available until ,september #cj1 #bjbb4 ,federal emergency management agency ,,operations ,,and ,,support ,for necessary expenses of the ,federal ,emergency ,management ,agency for operations and support1 #a1abi1bhb1jjj3 ,provided1 ,that not to exceed #b1bej shall be for official reception and representation expenses4 ,,procurement1 ,,construction1 ,,and ,,improvements ,for necessary expenses of the ,federal ,emergency ,management ,agency for procurement1 construction1 and improvements1 #aje1ihe1jjj1 of which #eh1chg1jjj shall remain available until ,september #cj1 #bjbc1 and of which #dg1eih1jjj shall remain available until ,september #cj1 #bjbe4 ,,federal ,,assistance ,for activities of the ,federal ,emergency ,management ,agency for ,federal assistance through grants1 contracts1 cooperative agreements1 and other activities1 #c1bid1hib1jjj1 which shall be allocated as follows3 7#a7 #faj1jjj1jjj for the ,state ,homeland ,security ,grant ,program under section #bjjd of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fje71 of which #ij1jjj1jjj shall be for ,operation ,stonegarden1 #ae1jjj1jjj shall be for ,tribal ,homeland ,security ,grants under section #bjje of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjf71 and #ij1jjj1jjj shall be for organizations 7as described under section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such code7 determined by the ,secretary of ,homeland ,security to be at high risk of a terrorist attack3 ,provided1 ,that notwithstanding subsection 7c77#d7 of such section #bjjd1 for fiscal year #bjba1 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 7c77#a7 of such section #bjjd4 7#b7 #gje1jjj1jjj for the ,urban ,area ,security ,initiative under section #bjjc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjd71 of which #ij1jjj1jjj shall be for organizations 7as described under section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such code7 determined by the ,secretary of ,homeland ,security to be at high risk of a terrorist attack4 7#c7 #ajj1jjj1jjj for ,public ,transportation ,security ,assistance1 ,railroad ,security ,assistance1 and ,over-the-,road ,bus ,security ,assistance under sections #adjf1 #aeac1 and #aecb of the ,implementing ,recommendations of the #i_/aa ,commission ,act of #bjjg 7#f ,u4,s4,c4 #aace1 #aafc1 and #aahb71 of which #aj1jjj1jjj shall be for ,amtrak security and #b1jjj1jjj shall be for ,over-the-,road ,bus ,security3 ,provided1 ,that such public transportation security assistance shall be provided directly to public transportation agencies4 7#d7 #ajj1jjj1jjj for ,port ,security ,grants in accordance with section #gjajg of title #df1 ,united ,states ,code4 7#e7 #gbj1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 of which #cfj1jjj1jjj shall be for ,assistance to ,firefighter ,grants and #cfj1jjj1jjj shall be for ,staffing for ,adequate ,fire and ,emergency ,response ,grants under sections #cc and #cd respectively of the ,federal ,fire ,prevention and ,control ,act of #aigd 7#ae ,u4,s4,c4 #bbbi and #bbbi;a74 7#f7 #cee1jjj1jjj for emergency management performance grants under the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djja et seq471 the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba71 the ,earthquake ,hazards ,reduction ,act of #aigg 7#db ,u4,s4,c4 #ggja71 section #gfb of title #f1 ,united ,states ,code1 and ,reorganization ,plan ,no4 #c of #aigh 7#e ,u4,s4,c4 ,app474 7#g7 #bfc1jjj1jjj for necessary expenses for ,flood ,hazard ,mapping and ,risk ,analysis1 in addition to and to supplement any other sums appropriated under the ,national ,flood ,insurance ,fund1 and such additional sums as may be provided by ,states or other political subdivisions for cost-shared mapping activities under section #acfj7;f77#b7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #daja7;f77#b771 to remain available until expended4 7#h7 #ab1jjj1jjj for ,regional ,catastrophic ,preparedness ,grants4 7#i7 #ab1jjj1jjj for ,rehabilitation of ,high ,hazard ,potential ,dams under section #h;,a of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;f-#b74 7#aj7 #acj1jjj1jjj for the emergency food and shelter program under title ,,iii of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacca71 to remain available until expended3 ,provided1 ,that not to exceed #c4e percent shall be for total administrative costs4 7#aa7 #bhg1hib1jjj to sustain current operations for training1 exercises1 technical assistance1 and other programs4 ,,disaster ,,relief ,,fund 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses in carrying out the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq471 #ag1adb1jjj1jjj1 to remain available until expended1 shall be for major disasters declared pursuant to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq47 and is designated by the ,congress as being for disaster relief pursuant to section #bea7;b77#b77;,d7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe3 ,provided1 ,that of the amount provided under this heading1 up to #bej1jjj1jjj may be transferred to the ,disaster ,assistance ,direct ,loan ,program ,account for the cost of direct loans as authorized under section #dag of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahd71 including loans issued pursuant to section #caa of this ,act1 of which #c1jjj1jjj is for administrative expenses4 ,,national ,,flood ,,insurance ,,fund ,for activities under the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djja et seq471 the ,flood ,disaster ,protection ,act of #aigc 7#db ,u4,s4,c4 #djja et seq471 the ,biggert-,waters ,flood ,insurance ,reform ,act of #bjab 7,public ,law #aab-ada1 #abf ,stat4 #iaf71 and the ,homeowner ,flood ,insurance ,affordability ,act of #bjad 7,public ,law #aac-hi2 #abh ,stat4 #ajbj71 #bjd1dab1jjj1 to remain available until ,september #cj1 #bjbb1 which shall be derived from offsetting amounts collected under section #acjh7;d7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djae7;d772 of which #ac1ijf1jjj shall be available for mission support associated with flood management2 and of which #aij1ejf1jjj shall be available for flood plain management and flood mapping3 ,provided1 ,that any additional fees collected pursuant to section #acjh7;d7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djae7;d77 shall be credited as offsetting collections to this account1 to be available for flood plain management and flood mapping3 ,provided further1 ,that in fiscal year #bjba1 no funds shall be available from the ,national ,flood ,insurance ,fund under section #acaj of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #djag7 in excess of-- 7#a7 #aha1jba1jjj for operating expenses and salaries and expenses associated with flood insurance operations2 7#b7 #a1afd1jjj1jjj for commissions and taxes of agents2 7#c7 such sums as are necessary for interest on ,treasury borrowings2 and 7#d7 #age1jjj1jjj1 which shall remain available until expended1 for flood mitigation actions and for flood mitigation assistance under section #acff of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #dajd;c71 notwithstanding sections #acff7;e7 and #acaj7;a77#g7 of such ,act 7#db ,u4,s4,c4 #dajd;c7e71 #djag73 ,provided further1 ,that the amounts collected under section #ajb of the ,flood ,disaster ,protection ,act of #aigc 7#db ,u4,s4,c4 #djab;a7 and section #acff7;e7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #dajd;c7e771 shall be deposited in the ,national ,flood ,insurance ,fund to supplement other amounts specified as available for section #acff of the ,national ,flood ,insurance ,act of #aifh1 notwithstanding section #ajb7;f77#h71 section #acff7;e7 of the ,national ,flood ,insurance ,act of #aifh1 and paragraphs 7#a7 through 7#c7 of section #acfg7;b7 of such ,act 7#db ,u4,s4,c4 #djab;a7f77#h71 #dajd;c7e71 #dajd;d7b77#a7-7c773 ,provided further1 ,that total administrative costs shall not exceed #d percent of the total appropriation3 ,provided further1 ,that up to #e1jjj1jjj is available to carry out section #bd of the ,homeowner ,flood ,insurance ,affordability ,act of #bjad 7#db ,u4,s4,c4 #djcc74 ,administrative provisions #cja4 ,funds made available under the heading ,cybersecurity and ,infrastructure ,security ,agency--,operations and ,support may be made available for the necessary expenses of carrying out the competition specified in section #b7;e7 of ,executive ,order ,no4 #achgj 7,may #b1 #bjai71 including the provision of monetary and non-monetary awards for ,federal civilian employees and members of the uniformed services1 the necessary expenses for the honorary recognition of any award recipients1 and activities to encourage participation in the competition1 including promotional items3 ,provided1 ,that any awards made pursuant to this section shall be of the same type and amount as those authorized under sections #deja through #deje of title #e1 ,united ,states ,code4 #cjb4 ,notwithstanding section #bjjh7;a77#ab7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fji7;a77#ab77 or any other provision of law1 not more than #e percent of the amount of a grant made available in paragraphs 7#a7 through 7#d7 under ,federal ,emergency ,management ,agency--,federal ,assistance1 may be used by the grantee for expenses directly related to administration of the grant4 #cjc4 ,applications for grants under the heading ,federal ,emergency ,management ,agency--,federal ,assistance1 for paragraphs 7#a7 through 7#d71 shall be made available to eligible applicants not later than #fj days after the date of enactment of this ,act1 eligible applicants shall submit applications not later than #hj days after the grant announcement1 and the ,administrator of the ,federal ,emergency ,management ,agency shall act within #fe days after the receipt of an application4 #cjd4 ,under the heading ,federal ,emergency ,management ,agency--,federal ,assistance1 for grants under paragraphs 7#a7 through 7#d71 7#h71 and 7#i71 the ,administrator of the ,federal ,emergency ,management ,agency shall brief the ,committees on ,appropriations of the ,senate and the ,house of ,representatives #e full business days in advance of announcing publicly the intention of making an award4 #cje4 ,under the heading ,federal ,emergency ,management ,agency--,federal ,assistance1 for grants under paragraphs 7#a7 and 7#b71 the installation of communications towers is not considered construction of a building or other physical facility4 #cjf4 ,the reporting requirements in paragraphs 7#a7 and 7#b7 under the heading ,federal ,emergency ,management ,agency--,disaster ,relief ,fund in the ,department of ,homeland ,security ,appropriations ,act1 #bjae 7,public ,law #aad-d7 shall be applied in fiscal year #bjba with respect to budget year #bjbb and current fiscal year #bjba1 respectively-- 7#a7 in paragraph 7#a7 by substituting fiscal year #bjbb for fiscal year #bjaf2 and 7#b7 in paragraph 7#b7 by inserting business after fifth4 #cjg4 ,in making grants under the heading ,federal ,emergency ,management ,agency--,federal ,assistance1 for ,staffing for ,adequate ,fire and ,emergency ,response grants1 the ,administrator of the ,federal ,emergency ,management ,agency may grant waivers from the requirements in subsections 7a77#a77;,a71 7a77#a77;,b71 7a77#a77;,e71 7c77#a71 7c77#b71 and 7c77#d7 of section #cd of the ,federal ,fire ,prevention and ,control ,act of #aigd 7#ae ,u4,s4,c4 #bbbi;a74 #cjh4 ,the aggregate charges assessed during fiscal year #bjba1 as authorized in title ,,iii of the ,departments of ,veterans ,affairs and ,housing and ,urban ,development1 and ,independent ,agencies ,appropriations ,act1 #aiii 7#db ,u4,s4,c4 #eaif;e71 shall not be less than #ajj percent of the amounts anticipated by the ,department of ,homeland ,security to be necessary for its ,radiological ,emergency ,preparedness ,program for the next fiscal year3 ,provided1 ,that the methodology for assessment and collection of fees shall be fair and equitable and shall reflect costs of providing such services1 including administrative costs of collecting such fees3 ,provided further1 ,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 #a1 #bjba1 and remain available until expended4 #cji4 7a7 ,any balances of funds appropriated in any prior ,act for activities funded by ,national ,predisaster ,mitigation ,fund under section #bjc of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eacc7 7as in effect on the day before the date of enactment of section #abcd of division ,d of ,public ,law #aae-bed7 may be transferred to and merged for all purposes with the funds set aside pursuant to subsection 7i77#a7 of section #bjc of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eacc71 as in effect on the date of the enactment of this section4 7b7 ,the transfer authorized in subsection 7a7 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 7i77#a71 including the criteria to be used for awarding grants and a process for tracking the obligation of such transferred funds4 #caj4 ,in making grants under the heading ,federal ,emergency ,management ,agency--,federal ,assistance1 for ,assistance to ,firefighter ,grants1 the ,administrator of the ,federal ,emergency ,management ,agency may waive subsection 7k7 of section #cc of the ,federal ,fire ,prevention and ,control ,act of #aigd 7#ae ,u4,s4,c4 #bbbi74 #caa4 7a7 ,for major disasters declared in #bjah pursuant to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj71 a territory or possession of the ,united ,states shall be deemed to be a local government for purposes of section #dag of such ,act 7#db ,u4,s4,c4 #eahd7 and section #bjf4cfa7;a7 of title #dd1 ,code of ,federal ,regulations4 7b7 ,notwithstanding section #bjf4cfa7;a7 of title #dd1 ,code of ,federal ,regulations1 the ,president may provide a loan until the last day of the fiscal year that is #c fiscal years after the fiscal year in which the natural disaster described in such subsection occurs4 7c7 ,notwithstanding section #dag7;b7 of such ,act and section #bjf4cfa7;b7 of title #dd1 ,code of ,federal ,regulations1 the amount of any loan issued to a territory or possession may-- 7#a7 exceed #e1jjj1jjj2 and 7#b7 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 #a year beginning on the date that the major disaster occurred4 ,,iv ,,research1 ,,development1 ,,training1 ,,and ,,services ,u4,s4 ,citizenship and immigration services ,,operations ,,and ,,support ,for necessary expenses of ,u4,s4 ,citizenship and ,immigration ,services for operations and support of the ,e-,verify ,program1 #aag1gij1jjj4 ,,federal ,,assistance ,for necessary expenses of ,u4,s4 ,citizenship and ,immigration ,services for ,federal assistance for the ,citizenship and ,integration ,grant ,program1 #aj1jjj1jjj4 ,federal law enforcement training centers ,,operations ,,and ,,support ,for necessary expenses of the ,federal ,law ,enforcement ,training ,centers for operations and support1 including the purchase of not to exceed #aag vehicles for police-type use and hire of passenger motor vehicles1 and services as authorized by section #caji of title #e1 ,united ,states ,code1 #cad1cdh1jjj1 of which #fa1cia1jjj shall remain available until ,september #cj1 #bjbb3 ,provided1 ,that not to exceed #g1ahj shall be for official reception and representation expenses4 ,,procurement1 ,,construction1 ,,and ,,improvements ,for necessary expenses of the ,federal ,law ,enforcement ,training ,centers for procurement1 construction1 and improvements1 #bf1jjj1jjj1 to remain available until ,september #cj1 #bjbe1 for acquisition of necessary additional real property and facilities1 construction and ongoing maintenance1 facility improvements and related expenses of the ,federal ,law ,enforcement ,training ,centers4 ,science and technology directorate ,,operations ,,and ,,support ,for necessary expenses of the ,science and ,technology ,directorate for operations and support1 including the purchase or lease of not to exceed #e vehicles1 #cjb1gjc1jjj1 of which #ahj1aab1jjj shall remain available until ,september #cj1 #bjbb3 ,provided1 ,that not to exceed #aj1jjj shall be for official reception and representation expenses4 ,,procurement1 ,,construction1 ,,and ,,improvements ,for necessary expenses of the ,science and ,technology ,directorate for procurement1 construction1 and improvements1 #ah1ibg1jjj1 to remain available until ,september #cj1 #bjbe4 ,,research ,,and ,,development ,for necessary expenses of the ,science and ,technology ,directorate for research and development1 #ddc1ibh1jjj1 to remain available until ,september #cj1 #bjbc4 ,countering weapons of mass destruction office ,,operations ,,and ,,support ,for necessary expenses of the ,countering ,weapons of ,mass ,destruction ,office for operations and support1 #agi1hib1jjj1 of which #bj1fig1jjj shall remain available until ,september #cj1 #bjbb3 ,provided1 ,that not to exceed #b1bej shall be for official reception and representation expenses4 ,,procurement1 ,,construction1 ,,and ,,improvements ,for necessary expenses of the ,countering ,weapons of ,mass ,destruction ,office for procurement1 construction1 and improvements1 #hg1dac1jjj1 to remain available until ,september #cj1 #bjbc4 ,,research ,,and ,,development ,for necessary expenses of the ,countering ,weapons of ,mass ,destruction ,office for research and development1 #fe1cji1jjj1 to remain available until ,september #cj1 #bjbc4 ,,federal ,,assistance ,for necessary expenses of the ,countering ,weapons of ,mass ,destruction ,office for ,federal assistance through grants1 contracts1 cooperative agreements1 and other activities1 #fi1ffc1jjj1 to remain available until ,september #cj1 #bjbc4 ,administrative provisions #dja4 ,notwithstanding any other provision of law1 funds otherwise made available to ,u4,s4 ,citizenship and ,immigration ,services may be used to acquire1 operate1 equip1 and dispose of up to #e vehicles1 for replacement only1 for areas where the ,administrator of ,general ,services does not provide vehicles for lease3 ,provided1 ,that the ,director of ,u4,s4 ,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 employment4 #djb4 ,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-#gf for services provided by employees 7including employees serving on a temporary or term basis7 of ,u4,s4 ,citizenship and ,immigration ,services of the ,department of ,homeland ,security who are known as ,immigration ,information ,officers1 ,immigration ,service ,analysts1 ,contact ,representatives1 ,investigative ,assistants1 or ,immigration ,services ,officers4 #djc4 ,the terms and conditions of section #djc of the ,department of ,homeland ,security ,appropriations ,act1 #bjbj 7division ,d of ,public ,law #aaf-ic7 shall apply to this ,act4 #djd4 ,the ,director of the ,federal ,law ,enforcement ,training ,centers is authorized to distribute funds to ,federal law enforcement agencies for expenses incurred participating in training accreditation4 #dje4 ,the ,federal ,law ,enforcement ,training ,accreditation ,board1 including representatives from the ,federal law enforcement community and non-,federal accreditation experts involved in law enforcement training1 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 programs1 facilities1 and instructors4 #djf4 ,the ,director of the ,federal ,law ,enforcement ,training ,centers may accept transfers to its ,procurement1 ,construction1 and ,improvements account from ,government agencies requesting the construction of special use facilities1 as authorized by the ,economy ,act 7#ca ,u4,s4,c4 #aece7;b773 ,provided1 ,that the ,federal ,law ,enforcement ,training ,centers maintain administrative control and ownership upon completion of such facilities4 #djg4 ,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 #aiih 7#ca ,u4,s4,c4 #eja note74 ,v ,,general ,,provisions 7,,including ,,transfers ,,and ,,rescissions ,,of ,,funds7 #eja4 ,no part of any appropriation contained in this ,act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein4 #ejb4 ,subject to the requirements of section #ejc of this ,act1 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 ,act1 may be merged with funds in the applicable established accounts1 and thereafter may be accounted for as one fund for the same time period as originally enacted4 #ejc4 7a7 ,none of the funds provided by this ,act1 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 #bjba1 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 ,act1 shall be available for obligation or expenditure through a reprogramming of funds that-- 7#a7 creates or eliminates a program1 project1 or activity1 or increases funds for any program1 project1 or activity for which funds have been denied or restricted by the ,congress2 7#b7 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 #bjba for the ,department of ,homeland ,security2 7#c7 augments funding for existing programs1 projects1 or activities in excess of #e1jjj1jjj or #aj percent1 whichever is less2 7#d7 reduces funding for any program1 project1 or activity1 or numbers of personnel1 by #aj percent or more2 or 7#e7 results from any general savings from a reduction in personnel that would result in a change in funding levels for programs1 projects1 or activities as approved by the ,congress4 7b7 ,subsection 7a7 shall not apply if the ,committees on ,appropriations of the ,senate and the ,house of ,representatives are notified at least #ae days in advance of such reprogramming4 7c7 ,up to #e 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 #cj days in advance of such transfer1 but no such appropriation1 except as otherwise specifically provided1 shall be increased by more than #aj percent by such transfer4 7d7 ,notwithstanding subsections 7a71 7b71 and 7c71 no funds shall be reprogrammed within or transferred between appropriations based upon an initial notification provided after ,june #cj1 except in extraordinary circumstances that imminently threaten the safety of human life or the protection of property4 7e7 ,the notification thresholds and procedures set forth in subsections 7a71 7b71 7c71 and 7d7 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 year4 7f7 ,notwithstanding subsection 7c71 the ,secretary of ,homeland ,security may transfer to the fund established by #h ,u4,s4,c4 #aaja note1 up to #bj1jjj1jjj from appropriations available to the ,department of ,homeland ,security3 ,provided1 ,that the ,secretary shall notify the ,committees on ,appropriations of the ,senate and the ,house of ,representatives at least #e days in advance of such transfer4 #ejd4 ,section #ejd of the ,department of ,homeland ,security ,appropriations ,act1 #bjag 7division ,f of ,public ,law #aae-ca71 related to the operations of a working capital fund1 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 ,act3 ,provided1 ,that funds from such working capital fund may be obligated and expended in anticipation of reimbursements from components of the ,department of ,homeland ,security4 #eje4 ,except as otherwise specifically provided by law1 not to exceed #ej percent of unobligated balances remaining available at the end of fiscal year #bjba1 as recorded in the financial records at the time of a reprogramming notification1 but not later than ,june #cj1 #bjbb1 from appropriations for ,operations and ,support for fiscal year #bjba in this ,act shall remain available through ,september #cj1 #bjbb1 in the account and for the purposes for which the appropriations were provided3 ,provided1 ,that prior to the obligation of such funds1 a notification shall be submitted to the ,committees on ,appropriations of the ,senate and the ,house of ,representatives in accordance with section #ejc of this ,act4 #ejf4 ,funds made available by this ,act for intelligence activities are deemed to be specifically authorized by the ,congress for purposes of section #ejd of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dad7 during fiscal year #bjba until the enactment of an ,act authorizing intelligence activities for fiscal year #bjba4 #ejg4 7a7 ,the ,secretary of ,homeland ,security1 or the designee of the ,secretary1 shall notify the ,committees on ,appropriations of the ,senate and the ,house of ,representatives at least #c full business days in advance of-- 7#a7 making or awarding a grant allocation or grant in excess of #a1jjj1jjj2 7#b7 making or awarding a contract1 other transaction agreement1 or task or delivery order on a ,department of ,homeland ,security multiple award contract1 or to issue a letter of intent totaling in excess of #d1jjj1jjj2 7#c7 awarding a task or delivery order requiring an obligation of funds in an amount greater than #aj1jjj1jjj from multi-year ,department of ,homeland ,security funds2 7#d7 making a sole-source grant award2 or 7#e7 announcing publicly the intention to make or award items under paragraph 7#a71 7#b71 7#c71 or 7#d71 including a contract covered by the ,federal ,acquisition ,regulation4 7b7 ,if the ,secretary of ,homeland ,security determines that compliance with this section would pose a substantial risk to human life1 health1 or safety1 an award may be made without notification1 and the ,secretary shall notify the ,committees on ,appropriations of the ,senate and the ,house of ,representatives not later than #e full business days after such an award is made or letter issued4 7c7 ,a notification under this section-- 7#a7 may not involve funds that are not available for obligation2 and 7#b7 shall include the amount of the award2 the fiscal year for which the funds for the award were appropriated2 the type of contract2 and the account from which the funds are being drawn4 #ejh4 ,notwithstanding any other provision of law1 no agency shall purchase1 construct1 or lease any additional facilities1 except within or contiguous to existing locations1 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 ,representatives1 except that the ,federal ,law ,enforcement ,training ,centers is authorized to obtain the temporary use of additional facilities by lease1 contract1 or other agreement for training that cannot be accommodated in existing ,centers' facilities4 #eji4 ,none of the funds appropriated or otherwise made available by this ,act may be used for expenses for any construction1 repair1 alteration1 or acquisition project for which a prospectus otherwise required under chapter #cc of title #dj1 ,united ,states ,code1 has not been approved1 except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus4 #eaj4 ,sections #ebj1 #ebb1 and #ecj of the ,department of ,homeland ,security ,appropriations ,act1 #bjjh 7division ,e of ,public ,law #aaj-afa2 #aba ,stat4 #bjgc and #bjgd7 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 ,act4 #eaa4 ,none of the funds made available in this ,act may be used in contravention of the applicable provisions of the ,buy ,american ,act3 ,provided1 ,that for purposes of the preceding sentence1 the term ,buy ,american ,act means chapter #hc of title #da1 ,united ,states ,code4 #eab4 ,none of the funds made available in this ,act may be used to amend the oath of allegiance required by section #ccg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #addh74 #eac4 ,none of the funds provided or otherwise made available in this ,act shall be available to carry out section #hgb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #deb7 unless explicitly authorized by the ,congress4 #ead4 ,none of the funds made available in this ,act may be used for planning1 testing1 piloting1 or developing a national identification card4 #eae4 ,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 herein4 #eaf4 ,none of the funds appropriated or otherwise made available in this or any other ,act may be used to transfer1 release1 or assist in the transfer or release to or within the ,united ,states1 its territories1 or possessions ,khalid ,sheikh ,mohammed or any other detainee who-- 7#a7 is not a ,united ,states citizen or a member of the ,armed ,forces of the ,united ,states2 and 7#b7 is or was held on or after ,june #bd1 #bjji1 at the ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba1 by the ,department of ,defense4 #eag4 ,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 #cja-aj4abb through #cja-aj4abd of title #da1 ,code of ,federal ,regulations4 #eah4 ,none of the funds made available in this ,act may be used to employ workers described in section #bgd;,a7h77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77#c774 #eai4 ,notwithstanding any other provision of this ,act1 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 contract4 #ebj4 ,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 #da1 ,united ,states ,code1 or chapter #acg of title #aj1 ,united ,states ,code1 and the ,federal ,acquisition ,regulation1 unless such contract is otherwise authorized by statute to be entered into without regard to the above referenced statutes4 #eba4 7a7 ,none of the funds made available in this ,act may be used to maintain or establish a computer network unless such network blocks the viewing1 downloading1 and exchanging of pornography4 7b7 ,nothing in subsection 7a7 shall limit the use of funds necessary for any ,federal1 ,state1 tribal1 or local law enforcement agency or any other entity carrying out criminal investigations1 prosecution1 or adjudication activities4 #ebb4 ,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 an agent of a drug cartel unless law enforcement personnel of the ,united ,states continuously monitor or control the firearm at all times4 #ebc4 ,none of the funds made available in this ,act may be used to pay for the travel to or attendance of more than #ej employees of a single component of the ,department of ,homeland ,security1 who are stationed in the ,united ,states1 at a single international conference unless the ,secretary of ,homeland ,security1 or a designee1 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 #aj days of that determination and the basis for that determination3 ,provided1 ,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 governments1 international organizations1 or nongovernmental organizations3 ,provided further1 ,that the total cost to the ,department of ,homeland ,security of any such conference shall not exceed #ejj1jjj4 #ebd4 ,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 ,event4 #ebe4 ,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 #ajj full-time positions or costs more than #e1jjj1jjj in a single year before the end of the #cj-;day period beginning on the date on which the ,secretary of ,homeland ,security submits to ,congress a notification that includes-- 7#a7 the number of full-time positions affected by such change2 7#b7 funding required for such change for the current year and through the ,future ,years ,homeland ,security ,program2 7#c7 justification for such change2 and 7#d7 an analysis of compensation alternatives to such change that were considered by the ,department4 #ebf4 7a7 ,any agency receiving funds made available in this ,act shall1 subject to subsections 7b7 and 7c71 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 ,act1 upon the determination by the head of the agency that it shall serve the national interest4 7b7 ,subsection 7a7 shall not apply to a report if-- 7#a7 the public posting of the report compromises homeland or national security2 or 7#b7 the report contains proprietary information4 7c7 ,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 #de days except as otherwise specified in law4 #ebg4 7a7 ,funding provided in this ,act for ,operations and ,support may be used for minor procurement1 construction1 and improvements4 7b7 ,for purposes of subsection 7a71 minor refers to end items with a unit cost of #bej1jjj or less for personal property1 and #b1jjj1jjj or less for real property4 #ebh4 ,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 ,treaty4 #ebi4 ,the authority provided by section #ecb of the ,department of ,homeland ,security ,appropriations ,act1 #bjah 7,public ,law #aae-ada7 regarding primary and secondary schooling of dependents shall continue in effect during fiscal year #bjba4 #ecj4 7a7 ,for an additional amount for ,federal ,emergency ,management ,agency--,federal ,assistance1 #ab1gjj1jjj1 to remain available until ,september #cj1 #bjbb1 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 ,service4 7b7 ,subsections 7b7 through 7f7 of section #ecd of the ,department of ,homeland ,security ,appropriations ,act1 #bjah 7,public ,law #aae-ada71 shall be applied with respect to amounts made available by subsection 7a7 of this section by substituting ,october #a1 #bjba for ,october #a1 #bjah and ,october #a1 #bjbj for ,october #a1 #bjag4 #eca4 7a7 ,section #hca of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cia7 shall be applied-- 7#a7 ,in subsection 7a71 by substituting ,september #cj1 #bjba1 for ,september #cj1 #bjag12 and 7#b7 ,in subsection 7c77#a71 by substituting ,september #cj1 #bjba1 for ,september #cj1 #bjag4 7b7 ,the ,secretary of ,homeland ,security1 under the authority of section #hca of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cia7;a771 may carry out prototype projects under section #bcga;b of title #aj1 ,united ,states ,code1 and the ,secretary shall perform the functions of the ,secretary of ,defense as prescribed4 7c7 ,the ,secretary of ,homeland ,security under section #hca of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cia7;d77 may use the definition of nontraditional government contractor as defined in section #bcga;b7e7 of title #aj1 ,united ,states ,code4 #ecb4 7a7 ,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 entering1 for the purpose of conducting oversight1 any facility operated by or for the ,department of ,homeland ,security used to detain or otherwise house aliens1 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 employee1 compared to what would be observed in the absence of such modification3 7#a7 ,a ,member of ,congress4 7#b7 ,an employee of the ,united ,states ,house of ,representatives or the ,united ,states ,senate designated by such a ,member for the purposes of this section4 7b7 ,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 7a7 for the purpose of conducting oversight4 7c7 ,with respect to individuals described in subsection 7a77#b71 the ,department of ,homeland ,security may require that a request be made at least #bd hours in advance of an intent to enter a facility described in subsection 7a74 #ecc4 7a7 ,except as provided in subsection 7b71 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 7including during transport1 in a detention facility1 or at an outside medical facility7 who is pregnant or in post-delivery recuperation4 7b7 ,subsection 7a7 shall not apply with respect to a pregnant woman if-- 7#a7 an appropriate official of the ,department of ,homeland ,security makes an individualized determination that the woman-- 7,a7 is a serious flight risk1 and such risk cannot be prevented by other means2 or 7,b7 poses an immediate and serious threat to harm herself or others that cannot be prevented by other means2 or 7#b7 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 woman4 7c7 ,if a pregnant woman is restrained pursuant to subsection 7b71 only the safest and least restrictive restraints1 as determined by the appropriate medical professional treating the woman1 may be used4 ,in no case may restraints be used on a woman who is in active labor or delivery1 and in no case may a pregnant woman be restrained in a face-down position with four-point restraints1 on her back1 or in a restraint belt that constricts the area of the pregnancy4 ,a pregnant woman who is immobilized by restraints shall be positioned1 to the maximum extent feasible1 on her left side4 #ecd4 7a7 ,none of the funds made available by this ,act may be used to destroy any document1 recording1 or other record pertaining to any-- 7#a7 death of1 7#b7 potential sexual assault or abuse perpetrated against1 or 7#c7 allegation of abuse1 criminal activity1 or disruption committed by an individual held in the custody of the ,department of ,homeland ,security4 7b7 ,the records referred to in subsection 7a7 shall be made available1 in accordance with applicable laws and regulations1 and ,federal rules governing disclosure in litigation1 to an individual who has been charged with a crime1 been placed into segregation1 or otherwise punished as a result of an allegation described in paragraph 7#c71 upon the request of such individual4 #ece4 ,section #eai of division ,f of ,public ,law #aad-aac1 regarding a prohibition on funding for any position designated as a ,principal ,federal ,official1 shall apply with respect to any ,federal funds in the same manner as such section applied to funds made available in that ,act4 #ecf4 ,within #fj days of any budget submission for the ,department of ,homeland ,security for fiscal year #bjbb 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 budget1 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 in such proposals in the event that they are not enacted prior to ,october #a1 #bjba4 #ecg4 7a7 ,not later than #aj days after the date on which the budget of the ,president for a fiscal year is submitted to ,congress pursuant to section #aaje7;a7 of title #ca1 ,united ,states ,code1 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 priorities1 for the ,department of ,homeland ,security and separately for each departmental component1 for which discretionary funding would be classified as budget function #jej4 7b7 ,each report under this section shall specify1 for each such unfunded priority-- 7#a7 a summary description1 including the objectives to be achieved if such priority is funded 7whether in whole or in part72 7#b7 the description1 including the objectives to be achieved if such priority is funded 7whether in whole or in part72 7#c7 account information1 including the following 7as applicable73 7,a7 appropriation account2 and 7,b7 program1 project1 or activity name2 and 7#d7 the additional number of full-time or part-time positions to be funded as part of such priority4 7c7 ,in this section1 the term unfunded priority1 in the case of a fiscal year1 means a requirement that-- 7#a7 is not funded in the budget referred to in subsection 7a72 7#b7 is necessary to fulfill a requirement associated with an operational or contingency plan for the ,department2 and 7#c7 would have been recommended for funding through the budget referred to in subsection 7a7 if-- 7,a7 additional resources had been available for the budget to fund the requirement2 7,b7 the requirement has emerged since the budget was formulated2 or 7,c7 the requirement is necessary to sustain prior-year investments4 7,,transfer ,,of ,,funds7 #ech4 ,not later than #cj days after the date of enactment of this ,act1 #bj1jjj1jjj in unobligated balances from amounts made available in section #bab7;b7 of division ,d of the ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-ic7 shall be transferred to ,countering ,weapons of ,mass ,destruction ,office--,procurement1 ,construction1 and ,improvements for the development of a department-wide electronic health records system1 and shall remain available until ,september #cj1 #bjbb1 in addition to any amounts otherwise available for such purposes3 ,provided1 ,that the amounts transferred pursuant to this section that were previously designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe are designated by the ,congress as an emergency requirement pursuant to that section of that ,act4 7,,rescissions ,,of ,,funds7 #eci4 ,of the funds appropriated to the ,department of ,homeland ,security1 the following funds are hereby rescinded from the following accounts and programs in the specified amounts3 ,provided1 ,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 #aihe 7,public ,law #ii-agg73 7#a7 #bg1jcf1jjj from ,public ,law #aae-ada under the heading ,u4,s4 ,customs and ,border ,protection--,procurement1 ,construction1 and ,improvements4 7#b7 #ae1jjj1jjj from the unobligated balances available in the ,u4,s4 ,customs and ,border ,protection--,border ,security1 ,fencing1 ,infrastructure1 and ,technology account 7#gj #jecc74 7#c7 #f1jjj1jjj from the unobligated balances available in the ,u4,s4 ,customs and ,border ,protection--,construction and ,facility ,improvements account 7#gj #jecb74 7#d7 #c1jih1jjj from the unobligated balances available in the ,u4,s4 ,immigration and ,customs ,enforcement--,construction account 7#gj #jede74 7#e7 #feh1jjj from the unobligated balances available in the ,u4,s4 ,immigration and ,customs ,enforcement--,automation ,modernization account 7#gj #jedc74 7#f7 #a1gah1ajh from the unobligated balances available in the ,coast ,guard--,alteration of ,bridges account 7#jgj #jfad74 7#g7 #h1bjj1jjj from ,public ,law #aaf-f under the heading ,u4,s4 ,citizenship and ,immigration ,services--,procurement1 ,construction1 and ,improvements4 #edj4 ,the following unobligated balances made available to the ,department of ,homeland ,security pursuant to section #eje of the ,department of ,homeland ,security ,appropriations ,act1 #bjbj 7,public ,law #aaf-ic7 are rescinded3 7#a7 #ibi1eej from ,office of the ,secretary and ,executive ,management--,operations and ,support4 7#b7 #a1dbf1ihj from ,management ,directorate--,operations and ,support4 7#c7 #bih1aij from ,intelligence1 ,analysis1 and ,operations ,coordination--,operations and ,support4 7#d7 #dcj1iaj from ,u4,s4 ,customs and ,border ,protection--,operations and ,support4 7#e7 #a1haj1cic from ,united ,states ,secret ,service--,operations and ,support4 7#f7 #a1egd1idj from ,cybersecurity and ,infrastructure ,security ,agency--,operations and ,support4 7#g7 #fij1jij from ,federal ,emergency ,management ,agency--,operations and ,support4 7#h7 #h1ihd1fij from ,u4,s4 ,citizenship and ,immigration ,services--,operations and ,support4 7#i7 #bdb1dij from ,federal ,law ,enforcement ,training ,centers--,operations and ,support4 7#aj7 #acf1egj from ,science and ,technology ,directorate--,operations and ,support4 7#aa7 #a1ajc1eij from ,countering ,weapons of ,mass ,destruction ,office--,operations and ,support4 #eda4 ,for necessary expenses related to providing customs and immigration inspection and pre-inspection services at1 or in support of ports of entry1 pursuant to section #acef of title #h1 ,united ,states ,code1 and section #eh;c7f7 of title #ai1 ,united ,states ,code1 and in addition to any other funds made available for this purpose1 there is appropriated1 out of any money in the ,treasury not otherwise appropriated1 #hdj1jjj1jjj1 to remain available until ,september #cj1 #bjba1 to offset the loss resulting from the coronavirus pandemic of ,immigration ,user ,fee receipts collected pursuant to section #bhf7;h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7;h771 and fees for certain customs services collected pursuant to paragraphs #a through #h and paragraph #aj of subsection 7a7 of section #acjca of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7a77#a7-7h7 and 7a77#aj773 ,provided1 ,that notwithstanding any other provision of law1 funds made available by this section shall only be used by ,u4,s4 ,customs and ,border ,protection1 ,office of ,field ,operations3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 #edb4 ,not later than #aj 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 employee1 or for an individual who1 during the duration of the directed protection1 will become a former or retired ,government official or employee 7referred to in this section as a covered individual71 the ,secretary of ,homeland ,security shall submit a notification to congressional leadership and the ,committees on ,appropriations of the ,senate and the ,house of ,representatives1 the ,committees on the ,judiciary of the ,senate and the ,house of ,representatives1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the ,committee on ,oversight and ,reform of the ,house of ,representatives 7referred to in this section as the appropriate congressional committees73 ,provided1 ,that the notification may be submitted in classified form1 if necessary1 and in consultation with the ,director of ,national ,intelligence or the ,director of the ,federal ,bureau of ,investigation1 as appropriate1 and shall include the threat assessment1 scope of the protection1 and the anticipated cost and duration of such protection3 ,provided further1 ,that not later than #ae days before extending1 or #cj days before terminating1 protection for a covered individual1 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 committees3 ,provided further1 ,that not later than #de days after the date of enactment of this ,act1 and quarterly thereafter1 the ,secretary shall submit a report to the congressional leadership and the appropriate congressional committees1 which may be submitted in classified form1 if necessary1 detailing each covered individual1 and the scope and associated cost of protection4 ,this division may be cited as the ,department of ,homeland ,security ,appropriations ,act1 #bjba4 ,g ,department of the ,interior1 ,environment1 and ,related ,agencies ,appropriations ,act1 #bjba ,i ,department of the interior ,bureau of land management ,,management ,,of ,,lands ,,and ,,resources 7,,including ,,rescission ,,of ,,funds7 ,for necessary expenses for protection1 use1 improvement1 development1 disposal1 cadastral surveying1 classification1 acquisition of easements and other interests in lands1 and performance of other functions1 including maintenance of facilities1 as authorized by law1 in the management of lands and their resources under the jurisdiction of the ,bureau of ,land ,management1 including the general administration of the ,bureau1 and assessment of mineral potential of public lands pursuant to section #ajaj7;a7 of ,public ,law #if-dhg 7#af ,u4,s4,c4 #caej7;a771 #a1bbj1eee1jjj1 to remain available until ,september #cj1 #bjbb2 of which #gg1ffi1jjj for annual and deferred maintenance and #aae1gde1jjj for the wild horse and burro program1 as authorized by ,public ,law #ib-aie 7#af ,u4,s4,c4 #acca et seq471 shall remain available until expended3 ,provided1 ,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 authorizations4 ,in addition1 #ci1fif1jjj is for ,mining ,law ,administration program operations1 including the cost of administering the mining claim fee program1 to remain available until expended1 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 #bjba1 so as to result in a final appropriation estimated at not more than #a1bbj1eee1jjj1 and #b1jjj1jjj1 to remain available until expended1 from communication site rental fees established by the ,bureau for the cost of administering communication site activities4 ,of the unobligated balances from amounts made available under this heading in fiscal year #bjah or before1 #ac1jjj1jjj is permanently rescinded3 ,provided1 ,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 #aihe4 ,,land ,,acquisition 7,,rescission ,,of ,,funds7 ,of the unobligated balances from amounts made available for ,land ,acquisition and derived from the ,land and ,water ,conservation ,fund1 #e1djj1jjj is hereby permanently rescinded from projects with cost savings or failed or partially failed projects3 ,provided1 ,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 #aihe4 ,,oregon ,,and ,,california ,,grant ,,lands ,for expenses necessary for management1 protection1 and development of resources and for construction1 operation1 and maintenance of access roads1 reforestation1 and other improvements on the revested ,oregon and ,california ,railroad grant lands1 on other ,federal lands in the ,oregon and ,california land-grant counties of ,oregon1 and on adjacent rights-of-way2 and acquisition of lands or interests therein1 including existing connecting roads on or adjacent to such grant lands2 #aad1ghc1jjj1 to remain available until expended3 ,provided1 ,that #be 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 7b7 of title ,,ii of the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #bfje74 ,,range ,,improvements ,for rehabilitation1 protection1 and acquisition of lands and interests therein1 and improvement of ,federal rangelands pursuant to section #dja of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agea71 notwithstanding any other ,act1 sums equal to #ej percent of all moneys received during the prior fiscal year under sections #c and #ae of the ,taylor ,grazing ,act 7#dc ,u4,s4,c4 #cae;b1 #caem7 and the amount designated for range improvements from grazing fees and mineral leasing receipts from ,bankhead-,jones lands transferred to the ,department of the ,interior pursuant to law1 but not less than #aj1jjj1jjj1 to remain available until expended3 ,provided1 ,that not to exceed #fjj1jjj shall be available for administrative expenses4 ,,service ,,charges1 ,,deposits1 ,,and ,,forfeitures 7,,including ,,rescission ,,of ,,funds7 ,for administrative expenses and other costs related to processing application documents and other authorizations for use and disposal of public lands and resources1 for costs of providing copies of official public land documents1 for monitoring construction1 operation1 and termination of facilities in conjunction with use authorizations1 and for rehabilitation of damaged property1 such amounts as may be collected under ,public ,law #id-egi 7#dc ,u4,s4,c4 #agja et seq471 and under section #bh of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahe71 to remain available until expended3 ,provided1 ,that notwithstanding any provision to the contrary of section #cje7;a7 of ,public ,law #id-egi 7#dc ,u4,s4,c4 #agce7;a771 any moneys that have been or will be received pursuant to that section1 whether as a result of forfeiture1 compromise1 or settlement1 if not appropriate for refund pursuant to section #cje7;c7 of that ,act 7#dc ,u4,s4,c4 #agce7;c771 shall be available and may be expended under the authority of this ,act by the ,secretary of the ,interior to improve1 protect1 or rehabilitate any public lands administered through the ,bureau of ,land ,management which have been damaged by the action of a resource developer1 purchaser1 permittee1 or any unauthorized person1 without regard to whether all moneys collected from each such action are used on the exact lands damaged which led to the action3 ,provided further1 ,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 lands4 ,of the unobligated balances from amounts collected in fiscal year #bjae or any prior fiscal year1 #bj1jjj1jjj is permanently rescinded3 ,provided1 ,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 #aihe4 ,,miscellaneous ,,trust ,,funds ,in addition to amounts authorized to be expended under existing laws1 there is hereby appropriated such amounts as may be contributed under section #cjg of ,public ,law #id-egi 7#dc ,u4,s4,c4 #agcg71 and such amounts as may be advanced for administrative costs1 surveys1 appraisals1 and costs of making conveyances of omitted lands under section #baa7;b7 of that ,act 7#dc ,u4,s4,c4 #agba7;b771 to remain available until expended4 ,,administrative ,,provisions ,the ,bureau of ,land ,management may carry out the operations funded under this ,act by direct expenditure1 contracts1 grants1 cooperative agreements1 and reimbursable agreements with public and private entities1 including with ,states4 ,appropriations for the ,bureau shall be available for purchase1 erection1 and dismantlement of temporary structures1 and alteration and maintenance of necessary buildings and appurtenant facilities to which the ,united ,states has title2 up to #ajj1jjj for payments1 at the discretion of the ,secretary1 for information or evidence concerning violations of laws administered by the ,bureau2 miscellaneous and emergency expenses of enforcement activities authorized or approved by the ,secretary and to be accounted for solely on the ,secretary's certificate1 not to exceed #aj1jjj3 ,provided1 ,that notwithstanding ,public ,law #ij-fbj 7#dd ,u4,s4,c4 #eja71 the ,bureau may1 under cooperative cost-sharing and partnership arrangements authorized by law1 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 services1 and the ,bureau determines the cooperator is capable of meeting accepted quality standards3 ,provided further1 ,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 basis4 ,united states fish and wildlife service ,,resource ,,management ,for necessary expenses of the ,united ,states ,fish and ,wildlife ,service1 as authorized by law1 and for scientific and economic studies1 general administration1 and for the performance of other authorized functions related to such resources1 #a1cgi1hbh1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that not to exceed #bj1gfg1jjj shall be used for implementing subsections 7a71 7b71 7c71 and 7e7 of section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7 7except for processing petitions1 developing and issuing proposed and final regulations1 and taking any other steps to implement actions described in subsection 7c77#b77;,a71 7c77#b77;,b77i71 or 7c77#b77;,b77ii774 ,,construction ,for construction1 improvement1 acquisition1 or removal of buildings and other facilities required in the conservation1 management1 investigation1 protection1 and utilization of fish and wildlife resources1 and the acquisition of lands and interests therein2 #ah1aic1jjj1 to remain available until expended4 ,,cooperative ,,endangered ,,species ,,conservation ,,fund 7,,including ,,rescission ,,of ,,funds7 ,for expenses necessary to carry out section #f of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aece71 #dc1cdj1jjj1 to remain available until expended1 of which #bc1gjb1jjj is to be derived from the ,cooperative ,endangered ,species ,conservation ,fund2 and of which #ai1fch1jjj is to be derived from the ,land and ,water ,conservation ,fund4 ,of the unobligated balances made available under this heading1 #ab1ejj1jjj is permanently rescinded from projects or from other grant programs with an unobligated carry over balance3 ,provided1 ,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 #aihe4 ,,national ,,wildlife ,,refuge ,,fund ,for expenses necessary to implement the ,act of ,october #ag1 #aigh 7#af ,u4,s4,c4 #gaes71 #ac1bbh1jjj4 ,,north ,,american ,,wetlands ,,conservation ,,fund ,for expenses necessary to carry out the provisions of the ,north ,american ,wetlands ,conservation ,act 7#af ,u4,s4,c4 #ddja et seq471 #df1ejj1jjj1 to remain available until expended4 ,,neotropical ,,migratory ,,bird ,,conservation ,for expenses necessary to carry out the ,neotropical ,migratory ,bird ,conservation ,act 7#af ,u4,s4,c4 #faja et seq471 #d1iaj1jjj1 to remain available until expended4 ,,multinational ,,species ,,conservation ,,fund ,for expenses necessary to carry out the ,african ,elephant ,conservation ,act 7#af ,u4,s4,c4 #dbja et seq471 the ,asian ,elephant ,conservation ,act of #aiig 7#af ,u4,s4,c4 #dbfa et seq471 the ,rhinoceros and ,tiger ,conservation ,act of #aiid 7#af ,u4,s4,c4 #ecja et seq471 the ,great ,ape ,conservation ,act of #bjjj 7#af ,u4,s4,c4 #fcja et seq471 and the ,marine ,turtle ,conservation ,act of #bjjd 7#af ,u4,s4,c4 #ffja et seq471 #ah1jjj1jjj1 to remain available until expended4 ,,state ,,and ,,tribal ,,wildlife ,,grants ,for wildlife conservation grants to ,states and to the ,district of ,columbia1 ,puerto ,rico1 ,guam1 the ,united ,states ,virgin ,islands1 the ,northern ,mariana ,islands1 ,american ,samoa1 and ,indian tribes under the provisions of the ,fish and ,wildlife ,act of #aief and the ,fish and ,wildlife ,coordination ,act1 for the development and implementation of programs for the benefit of wildlife and their habitat1 including species that are not hunted or fished1 #gb1cfb1jjj1 to remain available until expended3 ,provided1 ,that of the amount provided herein1 #f1jjj1jjj is for a competitive grant program for ,indian tribes not subject to the remaining provisions of this appropriation3 ,provided further1 ,that #g1cfb1jjj is for a competitive grant program to implement approved plans for ,states1 territories1 and other jurisdictions and at the discretion of affected ,states1 the regional ,associations of fish and wildlife agencies1 not subject to the remaining provisions of this appropriation3 ,provided further1 ,that the ,secretary shall1 after deducting #ac1cfb1jjj and administrative expenses1 apportion the amount provided herein in the following manner3 7#a7 to the ,district of ,columbia and to the ,commonwealth of ,puerto ,rico1 each a sum equal to not more than one-half of #a percent thereof2 and 7#b7 to ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands1 each a sum equal to not more than one-fourth of #a percent thereof3 ,provided further1 ,that the ,secretary of the ,interior shall apportion the remaining amount in the following manner3 7#a7 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 ,states2 and 7#b7 two-thirds of which is based on the ratio to which the population of such ,state bears to the total population of all such ,states3 ,provided further1 ,that the amounts apportioned under this paragraph shall be adjusted equitably so that no ,state shall be apportioned a sum which is less than #a percent of the amount available for apportionment under this paragraph for any fiscal year or more than #e percent of such amount3 ,provided further1 ,that the ,federal share of planning grants shall not exceed #ge percent of the total costs of such projects and the ,federal share of implementation grants shall not exceed #fe percent of the total costs of such projects3 ,provided further1 ,that the non-,federal share of such projects may not be derived from ,federal grant programs3 ,provided further1 ,that any amount apportioned in #bjba to any ,state1 territory1 or other jurisdiction that remains unobligated as of ,september #cj1 #bjbb1 shall be reapportioned1 together with funds appropriated in #bjbc1 in the manner provided herein4 ,,administrative ,,provisions ,the ,united ,states ,fish and ,wildlife ,service may carry out the operations of ,service programs by direct expenditure1 contracts1 grants1 cooperative agreements and reimbursable agreements with public and private entities4 ,appropriations and funds available to the ,united ,states ,fish and ,wildlife ,service shall be available for repair of damage to public roads within and adjacent to reservation areas caused by operations of the ,service2 options for the purchase of land at not to exceed one dollar for each option2 facilities incident to such public recreational uses on conservation areas as are consistent with their primary purpose2 and the maintenance and improvement of aquaria1 buildings1 and other facilities under the jurisdiction of the ,service and to which the ,united ,states has title1 and which are used pursuant to law in connection with management1 and investigation of fish and wildlife resources3 ,provided1 ,that notwithstanding #dd ,u4,s4,c4 #eja1 the ,service may1 under cooperative cost sharing and partnership arrangements authorized by law1 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 standards3 ,provided further1 ,that the ,service may accept donated aircraft as replacements for existing aircraft3 ,provided further1 ,that notwithstanding #ca ,u4,s4,c4 #ccjb1 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 ,secretary1 without further appropriation1 to be used for expenses of processing of such non-toxic shot type or coating applications and revising regulations as necessary1 and shall remain available until expended3 ,provided further1 ,that obligated balances of funding originally made available under section #gjfj7;c77#b77;,b7 of division ,k of the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada7 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 #fj days after the date of enactment of this ,act4 ,national park service ,,operation ,,of ,,the ,,national ,,park ,,system ,for expenses necessary for the management1 operation1 and maintenance of areas and facilities administered by the ,national ,park ,service and for the general administration of the ,national ,park ,service1 #b1fhh1bhg1jjj1 of which #aj1bhb1jjj for planning and interagency coordination in support of ,everglades restoration and #ace1ihj1jjj for maintenance1 repair1 or rehabilitation projects for constructed assets and #ahh1ahd1jjj for cyclic maintenance projects for constructed assets and cultural resources and #e1jjj1jjj for uses authorized by section #ajaabb of title #ed1 ,united ,states ,code shall remain available until ,september #cj1 #bjbb3 ,provided1 ,that funds appropriated under this heading in this ,act are available for the purposes of section #e of ,public ,law #ie-cdh3 ,provided further1 ,that notwithstanding section #i7;a7 of the ,united ,states ,semiquincentennial ,commission ,act of #bjaf 7,public ,law #aad-aif2 #acj ,stat4 #fia71 #h1jjj1jjj of the funds made available under this heading shall be provided to the ,united ,states ,semiquincentennial ,commission for the purposes specified by that ,act3 ,provided further1 ,that notwithstanding section #i of the #djj ,years of ,african-,american ,history ,commission ,act 7#cf ,u4,s4,c4 note prec4 #aja2 ,public ,law #aae-ajb71 #c1cjj1jjj of the funds provided under this heading shall be made available for the purposes specified by that ,act3 ,provided further1 ,that sections 7#g77;b7 and 7#h7 of that ,act shall be amended by striking ,july #a1 #bjba and inserting ,july #a1 #bjbb4 ,in addition1 for purposes described in section #bdjd of ,public ,law #aaf-i1 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 ,act1 to remain available until expended1 shall be derived from such ,fund4 ,,national ,,recreation ,,and ,,preservation ,for expenses necessary to carry out recreation programs1 natural programs1 cultural programs1 heritage partnership programs1 environmental compliance and review1 international park affairs1 and grant administration1 not otherwise provided for1 #gd1aeg1jjj1 to remain available until ,september #cj1 #bjbb4 ,,historic ,,preservation ,,fund ,for expenses necessary in carrying out the ,national ,historic ,preservation ,act 7division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code71 #add1cjj1jjj1 to be derived from the ,historic ,preservation ,fund and to remain available until ,september #cj1 #bjbb1 of which #be1jjj1jjj shall be for ,save ,america's ,treasures grants for preservation of nationally significant sites1 structures and artifacts as authorized by section #gcjc of the ,omnibus ,public ,land ,management ,act of #bjji 7#ed ,u4,s4,c4 #cjhi73 ,provided1 ,that an individual ,save ,america's ,treasures grant shall be matched by non-,federal funds3 ,provided further1 ,that individual projects shall only be eligible for one grant3 ,provided further1 ,that all projects to be funded shall be approved by the ,secretary of the ,interior in consultation with the ,house and ,senate ,committees on ,appropriations3 ,provided further1 ,that of the funds provided for the ,historic ,preservation ,fund1 #a1jjj1jjj 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-represented1 as determined by the ,secretary1 #ba1abe1jjj is for competitive grants to preserve the sites and stories of the ,civil ,rights movement2 #aj1jjj1jjj is for grants to ,historically ,black ,colleges and ,universities2 #g1ejj1jjj is for competitive grants for the restoration of historic properties of national1 ,state1 and local significance listed on or eligible for inclusion on the ,national ,register of ,historic ,places1 to be made without imposing the usage or direct grant restrictions of section #aja7;e77#c7 7#ed ,u4,s4,c4 #cjbijd7 of the ,national ,historical ,preservation ,act2 and #aj1jjj1jjj 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 nation3 ,provided further1 ,that such competitive grants shall be made without imposing the matching requirements in section #cjbijb7;b77#c7 of title #ed1 ,united ,states ,code to ,states and ,indian tribes as defined in chapter #cjjc of such title1 ,native ,hawaiian organizations1 local governments1 including ,certified ,local ,governments1 and non-profit organizations4 ,,construction ,for construction1 improvements1 repair1 or replacement of physical facilities1 and compliance and planning for programs and areas administered by the ,national ,park ,service1 #bbc1ijg1jjj1 to remain available until expended3 ,provided1 ,that notwithstanding any other provision of law1 for any project initially funded in fiscal year #bjba with a future phase indicated in the ,national ,park ,service #e-,year ,line ,item ,construction ,plan1 a single procurement may be issued which includes the full scope of the project3 ,provided further1 ,that the solicitation and contract shall contain the clause availability of funds found at #dh ,,cfr #eb4bcb-ah3 ,provided further1 ,that ,national ,park ,service ,donations1 ,park ,concessions ,franchise ,fees1 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 appropriation3 ,provided further1 ,that the ,secretary of the ,interior shall consult with the ,committees on ,appropriations1 in accordance with current reprogramming thresholds1 prior to making any charges authorized by this section4 ,,land ,,acquisition ,,and ,,state ,,assistance 7,,rescission ,,of ,,funds7 ,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 #bjag or any prior fiscal year1 #bc1jjj1jjj is hereby permanently rescinded from grant programs with an unobligated carry over balance3 ,provided1 ,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 #aihe4 ,,centennial ,,challenge ,for expenses necessary to carry out the provisions of section #ajagja of title #ed1 ,united ,states ,code1 relating to challenge cost share agreements1 #ae1jjj1jjj1 to remain available until expended1 for ,centennial ,challenge projects and programs3 ,provided1 ,that not less than #ej percent of the total cost of each project or program shall be derived from non-,federal sources in the form of donated cash1 assets1 or a pledge of donation guaranteed by an irrevocable letter of credit4 ,,administrative ,,provisions 7,,including ,,transfer ,,of ,,funds7 ,in addition to other uses set forth in section #ajaiag7;c77#b7 of title #ed1 ,united ,states ,code1 franchise fees credited to a sub-account shall be available for expenditure by the ,secretary1 without further appropriation1 for use at any unit within the ,national ,park ,system to extinguish or reduce liability for ,possessory ,interest or leasehold surrender interest4 ,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 exceed the amount of funds used to extinguish or reduce liability4 ,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 unit1 in the amount of funds so expended to extinguish or reduce liability4 ,for the costs of administration of the ,land and ,water ,conservation ,fund grants authorized by section #aje7;a77#b77;,b7 of the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7,public ,law #aji-dcb71 the ,national ,park ,service may retain up to #c percent of the amounts which are authorized to be disbursed under such section1 such retained amounts to remain available until expended4 ,national ,park ,service funds may be transferred to the ,federal ,highway ,administration 7,,fhwa71 ,department of ,transportation1 for purposes authorized under #bc ,u4,s4,c4 #bjc4 ,transfers may include a reasonable amount for ,,fhwa administrative support costs4 ,united states geological survey ,,surveys1 ,,investigations1 ,,and ,,research ,for expenses necessary for the ,united ,states ,geological ,survey to perform surveys1 investigations1 and research covering topography1 geology1 hydrology1 biology1 and the mineral and water resources of the ,united ,states1 its territories and possessions1 and other areas as authorized by #dc ,u4,s4,c4 #ca1 #accb1 and #acdj2 classify lands as to their mineral and water resources2 give engineering supervision to power permittees and ,federal ,energy ,regulatory ,commission licensees2 administer the minerals exploration program 7#cj ,u4,s4,c4 #fda72 conduct inquiries into the economic conditions affecting mining and materials processing industries 7#cj ,u4,s4,c4 #c1 #ba;a1 and #afjc2 #ej ,u4,s4,c4 #ih;g7a77#a77 and related purposes as authorized by law2 and to publish and disseminate data relative to the foregoing activities2 #a1cae1ebg1jjj1 to remain available until ,september #cj1 #bjbb2 of which #hd1ccg1jjj shall remain available until expended for satellite operations2 and of which #gd1ffd1jjj shall be available until expended for deferred maintenance and capital improvement projects that exceed #ajj1jjj in cost3 ,provided1 ,that none of the funds provided for the ecosystem research activity shall be used to conduct new surveys on private property1 unless specifically authorized in writing by the property owner3 ,provided further1 ,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 municipalities4 ,,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 interest2 construction and maintenance of necessary buildings and appurtenant facilities2 acquisition of lands for gauging stations1 observation wells1 and seismic equipment2 expenses of the ,united ,states ,national ,committee for ,geological ,sciences2 and payment of compensation and expenses of persons employed by the ,survey duly appointed to represent the ,united ,states in the negotiation and administration of interstate compacts3 ,provided1 ,that activities funded by appropriations herein made may be accomplished through the use of contracts1 grants1 or cooperative agreements as defined in section #fcjb of title #ca1 ,united ,states ,code3 ,provided further1 ,that the ,united ,states ,geological ,survey may enter into contracts or cooperative agreements directly with individuals or indirectly with institutions or nonprofit organizations1 without regard to #da ,u4,s4,c4 #faja1 for the temporary or intermittent services of students or recent graduates1 who shall be considered employees for the purpose of chapters #eg and #ha of title #e1 ,united ,states ,code1 relating to compensation for travel and work injuries1 and chapter #aga of title #bh1 ,united ,states ,code1 relating to tort claims1 but shall not be considered to be ,federal employees for any other purposes4 ,bureau of ocean energy management ,,ocean ,,energy ,,management 7,,including ,,rescission ,,of ,,funds7 ,for expenses necessary for granting and administering leases1 easements1 rights-of-way1 and agreements for use for oil and gas1 other minerals1 energy1 and marine-related purposes on the ,outer ,continental ,shelf and approving operations related thereto1 as authorized by law2 for environmental studies1 as authorized by law2 for implementing other laws and to the extent provided by ,presidential or ,secretarial delegation2 and for matching grants or cooperative agreements1 #aib1hae1jjj1 of which #abi1gfj1jjj is to remain available until ,september #cj1 #bjbb1 and of which #fc1jee1jjj is to remain available until expended3 ,provided1 ,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 #e1 #aiic1 and from cost recovery fees from activities conducted by the ,bureau of ,ocean ,energy ,management pursuant to the ,outer ,continental ,shelf ,lands ,act1 including studies1 assessments1 analysis1 and miscellaneous administrative activities3 ,provided further1 ,that the sum herein appropriated shall be reduced as such collections are received during the fiscal year1 so as to result in a final fiscal year #bjba appropriation estimated at not more than #abi1gfj1jjj3 ,provided further1 ,that not to exceed #c1jjj shall be available for reasonable expenses related to promoting volunteer beach and marine cleanup activities3 ,provided further1 ,that of the unobligated balances from amounts made available under this heading1 #b1jjj1jjj is permanently rescinded3 ,provided further1 ,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 #aihe4 ,bureau of safety and environmental enforcement ,,offshore ,,safety ,,and ,,environmental ,,enforcement 7,,including ,,rescission ,,of ,,funds7 ,for expenses necessary for the regulation of operations related to leases1 easements1 rights-of-way1 and agreements for use for oil and gas1 other minerals1 energy1 and marine-related purposes on the ,outer ,continental ,shelf1 as authorized by law2 for enforcing and implementing laws and regulations as authorized by law and to the extent provided by ,presidential or ,secretarial delegation2 and for matching grants or cooperative agreements1 #aej1hab1jjj1 of which #abj1afe1jjj is to remain available until ,september #cj1 #bjbb1 and of which #cj1fdg1jjj is to remain available until expended3 ,provided1 ,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 #e1 #aiic1 and from cost recovery fees from activities conducted by the ,bureau of ,safety and ,environmental ,enforcement pursuant to the ,outer ,continental ,shelf ,lands ,act1 including studies1 assessments1 analysis1 and miscellaneous administrative activities3 ,provided further1 ,that the sum herein appropriated shall be reduced as such collections are received during the fiscal year1 so as to result in a final fiscal year #bjba appropriation estimated at not more than #abj1afe1jjj3 ,provided further1 ,that of the unobligated balances from amounts made available under this heading1 #aj1jjj1jjj is permanently rescinded3 ,provided further1 ,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 #aihe4 ,for an additional amount1 #dc1jjj1jjj1 to remain available until expended1 to be reduced by amounts collected by the ,secretary and credited to this appropriation1 which shall be derived from non-refundable inspection fees collected in fiscal year #bjba1 as provided in this ,act3 ,provided1 ,that to the extent that amounts realized from such inspection fees exceed #dc1jjj1jjj1 the amounts realized in excess of #dc1jjj1jjj shall be credited to this appropriation and remain available until expended3 ,provided further1 ,that for fiscal year #bjba1 not less than #ej 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 development1 subject to environmental safeguards1 of the ,outer ,continental ,shelf pursuant to the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq471 including the review of applications for permits to drill4 ,,oil ,,spill ,,research ,for necessary expenses to carry out title ,i1 section #ajaf2 title ,,iv1 sections #dbjb and #dcjc2 title ,,vii2 and title ,,viii1 section #hbja of the ,oil ,pollution ,act of #aiij1 #ad1hii1jjj1 which shall be derived from the ,oil ,spill ,liability ,trust ,fund1 to remain available until expended4 ,office of surface mining reclamation and enforcement ,,regulation ,,and ,,technology 7,,including ,,rescission ,,of ,,funds7 ,for necessary expenses to carry out the provisions of the ,surface ,mining ,control and ,reclamation ,act of #aigg1 ,public ,law #ie-hg1 #aag1gfh1jjj1 to remain available until ,september #cj1 #bjbb1 of which #fh1eij1jjj shall be available for state and tribal regulatory grants3 ,provided1 ,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 training3 ,provided further1 ,that of the unobligated balances from amounts made available under this heading1 #be1jjj1jjj is permanently rescinded3 ,provided further1 ,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 #aihe4 ,in addition1 for costs to review1 administer1 and enforce permits issued by the ,office pursuant to section #ejg of ,public ,law #ie-hg 7#cj ,u4,s4,c4 #abeg71 #dj1jjj1 to remain available until expended3 ,provided1 ,that fees assessed and collected by the ,office pursuant to such section #ejg shall be credited to this account as discretionary offsetting collections1 to remain available until expended3 ,provided further1 ,that the sum herein appropriated from the general fund shall be reduced as collections are received during the fiscal year1 so as to result in a fiscal year #bjba appropriation estimated at not more than #aag1gfh1jjj4 ,,abandoned ,,mine ,,reclamation ,,fund 7,,including ,,rescission ,,of ,,funds7 ,for necessary expenses to carry out title ,,iv of the ,surface ,mining ,control and ,reclamation ,act of #aigg1 ,public ,law #ie-hg1 #bd1hca1jjj1 to be derived from receipts of the ,abandoned ,mine ,reclamation ,fund and to remain available until expended3 ,provided1 ,that pursuant to ,public ,law #ig-cfe1 the ,department of the ,interior is authorized to use up to #bj percent from the recovery of the delinquent debt owed to the ,united ,states ,government to pay for contracts to collect these debts3 ,provided further1 ,that funds made available under title ,,iv of ,public ,law #ie-hg 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 mines3 ,provided further1 ,that such projects must be consistent with the purposes and priorities of the ,surface ,mining ,control and ,reclamation ,act3 ,provided further1 ,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 training4 ,in addition1 #aae1jjj1jjj1 to remain available until expended1 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 explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act73 ,provided1 ,that such additional amount shall be used for economic and community development in conjunction with the priorities in section #djc7;a7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcc7;a773 ,provided further1 ,that of such additional amount1 #ge1jjj1jjj 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 7#a7 and 7#b7 of such section1 #cj1jjj1jjj shall be distributed in equal amounts to the three ,appalachian ,states with the subsequent greatest amount of unfunded needs to meet such priorities1 and #aj1jjj1jjj 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 #aigg 7#cj ,u4,s4,c4 #abcc7;a771 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 #d 7in the matter preceding division ,a of this consolidated ,act7 and shall be used for economic and community development in conjunction with the priorities in section #djc7;a7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg3 ,provided further1 ,that such additional amount shall be allocated to ,states and ,indian ,tribes within #fj days after the date of enactment of this ,act4 ,of the unobligated balances from amounts made available under this heading in fiscal year #bjaf or before1 #aj1jjj1jjj is permanently rescinded3 ,provided1 ,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 #aihe4 ,indian affairs ,bureau of indian affairs ,,operation ,,of ,,indian ,,programs 7,,including ,,transfers ,,of ,,funds7 ,for expenses necessary for the operation of ,indian programs1 as authorized by law1 including the ,snyder ,act of ,november #b1 #aiba 7#be ,u4,s4,c4 #ac7 and the ,indian ,self-,determination and ,education ,assistance ,act of #aige 7#be ,u4,s4,c4 #ecja et seq471 #a1faf1ecb1jjj1 to remain available until ,september #cj1 #bjbb1 except as otherwise provided herein2 of which not to exceed #h1ejj may be for official reception and representation expenses2 of which not to exceed #gh1jjj1jjj shall be for welfare assistance payments3 ,provided1 ,that in cases of designated ,federal disasters1 the ,secretary of the ,interior may exceed such cap for welfare payments from the amounts provided herein1 to provide for disaster relief to ,indian communities affected by the disaster3 ,provided further1 ,that federally recognized ,indian tribes and tribal organizations of federally recognized ,indian tribes may use their tribal priority allocations for unmet welfare assistance costs3 ,provided further1 ,that not to exceed #eh1dib1jjj shall remain available until expended for housing improvement1 road maintenance1 attorney fees1 litigation support1 land records improvement1 and the ,navajo-,hopi ,settlement ,program3 ,provided further1 ,that any forestry funds allocated to a federally recognized tribe which remain unobligated as of ,september #cj1 #bjbb1 may be transferred during fiscal year #bjbc to an ,indian forest land assistance account established for the benefit of the holder of the funds within the holder's trust fund account3 ,provided further1 ,that any such unobligated balances not so transferred shall expire on ,september #cj1 #bjbc3 ,provided further1 ,that in order to enhance the safety of ,bureau field employees1 the ,bureau may use funds to purchase uniforms or other identifying articles of clothing for personnel3 ,provided further1 ,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 ,inventory1 #bc ,u4,s4,c4 #bjb7;b77#a73 ,provided further1 ,that #a1jjj1jjj 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 ,initiative4 ,,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 #bjba1 such sums as may be necessary1 which shall be available for obligation through ,september #cj1 #bjbb3 ,provided1 ,that notwithstanding any other provision of law1 no amounts made available under this heading shall be available for transfer to another budget account4 ,,payments ,,for ,,tribal ,,leases ,for payments to tribes and tribal organizations for leases pursuant to section #aje7l7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecbd7l77 for fiscal year #bjba1 such sums as may be necessary1 which shall be available for obligation through ,september #cj1 #bjbb3 ,provided1 ,that notwithstanding any other provision of law1 no amounts made available under this heading shall be available for transfer to another budget account4 ,,construction 7,,including ,,transfer ,,of ,,funds7 ,for construction1 repair1 improvement1 and maintenance of irrigation and power systems1 buildings1 utilities1 and other facilities1 including architectural and engineering services by contract2 acquisition of lands1 and interests in lands2 and preparation of lands for farming1 and for construction of the ,navajo ,indian ,irrigation ,project pursuant to ,public ,law #hg-dhc2 #abh1hah1jjj1 to remain available until expended3 ,provided1 ,that such amounts as may be available for the construction of the ,navajo ,indian ,irrigation ,project may be transferred to the ,bureau of ,reclamation3 ,provided further1 ,that any funds provided for the ,safety of ,dams program pursuant to the ,act of ,november #b1 #aiba 7#be ,u4,s4,c4 #ac71 shall be made available on a nonreimbursable basis3 ,provided further1 ,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 implementation3 ,provided further1 ,that of the funds made available under this heading1 #aj1jjj1jjj shall be derived from the ,indian ,irrigation ,fund established by section #cbaa of the ,,wiin ,act 7,public ,law #aad-cbb2 #acj ,stat4 #agdi74 ,,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 #ii-bfd and #aad-cbb1 and for implementation of other land and water rights settlements1 #de1fdd1jjj1 to remain available until expended4 ,,indian ,,guaranteed ,,loan ,,program ,,account ,for the cost of guaranteed loans and insured loans1 #aa1gig1jjj1 of which #a1eic1jjj is for administrative expenses1 as authorized by the ,indian ,financing ,act of #aigd3 ,provided1 ,that such costs1 including the cost of modifying such loans1 shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd3 ,provided further1 ,that these funds are available to subsidize total loan principal1 any part of which is to be guaranteed or insured1 not to exceed #hb1hhf1aig4 ,bureau of indian education ,,operation ,,of ,,indian ,,education ,,programs ,for expenses necessary for the operation of ,indian education programs1 as authorized by law1 including the ,snyder ,act of ,november #b1 #aiba 7#be ,u4,s4,c4 #ac71 the ,indian ,self-,determination and ,education ,assistance ,act of #aige 7#be ,u4,s4,c4 #ecja et seq471 the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjja-bjai71 and the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beja et seq471 #igc1jib1jjj1 to remain available until ,september #cj1 #bjbb1 except as otherwise provided herein3 ,provided1 ,that federally recognized ,indian tribes and tribal organizations of federally recognized ,indian tribes may use their tribal priority allocations for unmet welfare assistance costs3 ,provided further1 ,that not to exceed #gbh1hbj1jjj for school operations costs of ,bureau-funded schools and other education programs shall become available on ,july #a1 #bjba1 and shall remain available until ,september #cj1 #bjbb3 ,provided further1 ,that notwithstanding any other provision of law1 including but not limited to the ,indian ,self-,determination ,act of #aige 7#be ,u4,s4,c4 #ecja et seq47 and section #aabh of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjjh71 not to exceed #hf1hhd1jjj 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 #a1 #bjba3 ,provided further1 ,that in order to enhance the safety of ,bureau field employees1 the ,bureau may use funds to purchase uniforms or other identifying articles of clothing for personnel4 ,,education ,,construction ,for construction1 repair1 improvement1 and maintenance of buildings1 utilities1 and other facilities necessary for the operation of ,indian education programs1 including architectural and engineering services by contract2 acquisition of lands1 and interests in lands2 #bfd1bgg1jjj to remain available until expended3 ,provided1 ,that in order to ensure timely completion of construction projects1 the ,secretary of the ,interior may assume control of a project and all funds related to the project1 if1 not later than #ah months after the date of the enactment of this ,act1 any ,public ,law #ajj-big 7#be ,u4,s4,c4 #beja1 et seq47 grantee receiving funds appropriated in this ,act or in any prior ,act1 has not completed the planning and design phase of the project and commenced construction4 ,,administrative ,,provisions ,the ,bureau of ,indian ,affairs and the ,bureau of ,indian ,education may carry out the operation of ,indian programs by direct expenditure1 contracts1 cooperative agreements1 compacts1 and grants1 either directly or in cooperation with ,states and other organizations4 ,notwithstanding ,public ,law #hg-bgi 7#be ,u4,s4,c4 #ae71 the ,bureau of ,indian ,affairs may contract for services in support of the management1 operation1 and maintenance of the ,power ,division of the ,san ,carlos ,irrigation ,project4 ,notwithstanding any other provision of law1 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 7except ,executive ,direction and ,administrative ,services funding for ,tribal ,priority ,allocations1 regional offices1 and facilities operations and maintenance7 shall be available for contracts1 grants1 compacts1 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 ,self-,governance ,act of #aiid 7,public ,law #ajc-dac74 ,in the event any tribe returns appropriations made available by this ,act to the ,bureau of ,indian ,affairs or the ,bureau of ,indian ,education1 this action shall not diminish the ,federal ,government's trust responsibility to that tribe1 or the government-to-government relationship between the ,united ,states and that tribe1 or that tribe's ability to access future appropriations4 ,notwithstanding any other provision of law1 no funds available to the ,bureau of ,indian ,education1 other than the amounts provided herein for assistance to public schools under #be ,u4,s4,c4 #deb et seq41 shall be available to support the operation of any elementary or secondary school in the ,state of ,alaska4 ,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 #a1 #aiie1 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 ,education1 or more than one grade to expand the elementary grade structure for ,bureau-funded schools with a ,k-#b grade structure on ,october #a1 #aiif4 ,appropriations made available in this or any prior ,act for schools funded by the ,bureau shall be available1 in accordance with the ,bureau's funding formula1 only to the schools in the ,bureau school system as of ,september #a1 #aiif1 and to any school or school program that was reinstated in fiscal year #bjab4 ,funds made available under this ,act may not be used to establish a charter school at a ,bureau-funded school 7as that term is defined in section #aada of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjba771 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 #a1 #aiii1 may continue to operate during that period1 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 7including buses and vans71 the funds of the charter school are kept separate and apart from ,bureau funds1 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 funding4 ,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 #aga of title #bh1 ,united ,states ,code4 ,notwithstanding any other provision of law1 including section #aac of title ,i of appendix ,c of ,public ,law #ajf-aac1 if in fiscal year #bjjc or #bjjd a grantee received indirect and administrative costs pursuant to a distribution formula based on section #e7;f7 of ,public ,law #aja-cja1 the ,secretary shall continue to distribute indirect and administrative cost funds to such grantee using the section #e7;f7 distribution formula4 ,funds available under this ,act may not be used to establish satellite locations of schools in the ,bureau school system as of ,september #a1 #aiif1 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 members1 do not include grades beyond those currently served at the existing ,bureau-funded school1 provide an educational environment with educator presence and academic facilities comparable to the ,bureau-funded school1 comply with all applicable ,tribal1 ,federal1 or ,state health and safety standards1 and the ,americans with ,disabilities ,act1 and demonstrate the benefits of establishing operations at a satellite location in lieu of incurring extraordinary costs1 such as for transportation or other impacts to students such as those caused by busing students extended distances3 ,provided1 ,that no funds available under this ,act may be used to fund operations1 maintenance1 rehabilitation1 construction1 or other facilities-related costs for such assets that are not owned by the ,bureau3 ,provided further1 ,that the term satellite school means a school location physically separated from the existing ,bureau school by more than #ej miles but that forms part of the existing school in all other respects4 ,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 ,tribe4 ,office of the special trustee for american indians ,,federal ,,trust ,,programs 7,,including ,,transfer ,,of ,,funds7 ,for the operation of trust programs for ,indians by direct expenditure1 contracts1 cooperative agreements1 compacts1 and grants1 #ajh1cii1jjj1 to remain available until expended1 of which not to exceed #ag1iaa1jjj from this or any other ,act1 may be available for historical accounting3 ,provided1 ,that funds for trust management improvements and litigation support may1 as needed1 be transferred to or merged with the ,bureau of ,indian ,affairs1 ,operation of ,indian ,programs and ,bureau of ,indian ,education1 ,operation of ,indian ,education ,programs accounts2 the ,office of the ,solicitor1 ,salaries and ,expenses account2 and the ,office of the ,secretary1 ,departmental ,operations account3 ,provided further1 ,that funds made available through contracts or grants obligated during fiscal year #bjba1 as authorized by the ,indian ,self-,determination ,act of #aige 7#be ,u4,s4,c4 #ecja et seq471 shall remain available until expended by the contractor or grantee3 ,provided further1 ,that notwithstanding any other provision of law1 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 #ae months and has a balance of #ae or less3 ,provided further1 ,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 holder3 ,provided further1 ,that not to exceed #ej1jjj 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 #cj1 #bjjb3 ,provided further1 ,that erroneous payments that are recovered shall be credited to and remain available in this account for this purpose3 ,provided further1 ,that the ,secretary shall not be required to reconcile ,special ,deposit ,accounts with a balance of less than #ejj unless the ,office of the ,special ,trustee receives proof of ownership from a ,special ,deposit ,accounts claimant3 ,provided further1 ,that notwithstanding section #ajb of the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7,public ,law #ajc-dab7 or any other provision of law1 the ,secretary may aggregate the trust accounts of individuals whose whereabouts are unknown for a continuous period of at least #e years and shall not be required to generate periodic statements of performance for the individual accounts3 ,provided further1 ,that with respect to the eighth proviso1 the ,secretary shall continue to maintain sufficient records to determine the balance of the individual accounts1 including any accrued interest and income1 and such funds shall remain available to the individual account holders4 ,departmental offices ,office of the secretary ,,departmental ,,operations 7,,including ,,transfer ,,and ,,rescission ,,of ,,funds7 ,for necessary expenses for management of the ,department of the ,interior and for grants and cooperative agreements1 as authorized by law1 #abj1fjh1jjj1 to remain available until ,september #cj1 #bjbb2 of which no less than #a1hfj1jjj shall be to assist the ,department with its compliance responsibilities under #e ,u4,s4,c4 #eeb2 of which not to exceed #ae1jjj may be for official reception and representation expenses2 of which up to #a1jjj1jjj shall be available for workers compensation payments and unemployment compensation payments associated with the orderly closure of the ,united ,states ,bureau of ,mines2 and of which #aa1bjd1jjj for ,indian land1 mineral1 and resource valuation activities shall remain available until expended3 ,provided1 ,that funds for ,indian land1 mineral1 and resource valuation activities may1 as needed1 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 account3 ,provided further1 ,that funds made available through contracts or grants obligated during fiscal year #bjba1 as authorized by the ,indian ,self-,determination ,act of #aige 7#be ,u4,s4,c4 #ecja et seq471 shall remain available until expended by the contractor or grantee4 ,of the unobligated balances from amounts made available under this heading in fiscal year #bjaf or before1 #ag1cih1jjj is permanently rescinded3 ,provided1 ,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 #aihe4 ,,administrative ,,provisions ,for fiscal year #bjba1 up to #djj1jjj of the payments authorized by chapter #fi of title #ca1 ,united ,states ,code1 may be retained for administrative expenses of the ,payments in ,lieu of ,taxes ,program3 ,provided1 ,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 #fi of title #ca1 ,united ,states ,code3 ,provided further1 ,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 government1 then the payment to each local government shall be made proportionally3 ,provided further1 ,that the ,secretary may make adjustments to payment to individual units of local government to correct for prior overpayments or underpayments3 ,provided further1 ,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 #ajj4 ,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 #ajd7;e7 of ,public ,law #ajh-ahh1 #ajf1fic1jjj1 of which3 7#a7 #ig1adj1jjj shall remain available until expended for territorial assistance1 including general technical assistance1 maintenance assistance1 disaster assistance1 coral reef initiative and natural resources activities1 and brown tree snake control and research2 grants to the judiciary in ,american ,samoa for compensation and expenses1 as authorized by law 7#dh ,u4,s4,c4 #affa7;c772 grants to the ,government of ,american ,samoa1 in addition to current local revenues1 for construction and support of governmental functions2 grants to the ,government of the ,virgin ,islands1 as authorized by law2 grants to the ,government of ,guam1 as authorized by law2 and grants to the ,government of the ,northern ,mariana ,islands1 as authorized by law 7,public ,law #id-bda2 #ij ,stat4 #bgb72 and 7#b7 #i1eec1jjj shall be available until ,september #cj1 #bjbb1 for salaries and expenses of the ,office of ,insular ,affairs3 ,provided1 ,that all financial transactions of the territorial and local governments herein provided for1 including such transactions of all agencies or instrumentalities established or used by such governments1 may be audited by the ,government ,accountability ,office1 at its discretion1 in accordance with chapter #ce of title #ca1 ,united ,states ,code3 ,provided further1 ,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 #ajd-acd3 ,provided further1 ,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 assets3 ,provided further1 ,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 #djd of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;c74 ,,compact ,,of ,,free ,,association ,for grants and necessary expenses1 #h1dfc1jjj1 to remain available until expended1 as provided for in sections #bba7;a77#b7 and #bcc of the ,compact of ,free ,association for the ,republic of ,palau2 and section #bba7;a77#b7 of the ,compacts of ,free ,association for the ,government of the ,republic of the ,marshall ,islands and the ,federated ,states of ,micronesia1 as authorized by ,public ,law #ii-feh and ,public ,law #ajh-ahh3 ,provided1 ,that of the funds appropriated under this heading1 #e1jjj1jjj is for deposit into the ,compact ,trust ,fund of the ,republic of the ,marshall ,islands as compensation authorized by ,public ,law #ajh-ahh for adverse financial and economic impacts4 ,administrative provisions 7,,including ,,transfer ,,of ,,funds7 ,at the request of the ,governor of ,guam1 the ,secretary may transfer discretionary funds or mandatory funds provided under section #ajd7;e7 of ,public ,law #ajh-ahh and ,public ,law #ajd-acd1 that are allocated for ,guam1 to the ,secretary of ,agriculture for the subsidy cost of direct or guaranteed loans1 plus not to exceed three percent of the amount of the subsidy transferred for the cost of loan administration1 for the purposes authorized by the ,rural ,electrification ,act of #aicf and section #cjf7;a77#a7 of the ,consolidated ,farm and ,rural ,development ,act for construction and repair projects in ,guam1 and such funds shall remain available until expended3 ,provided1 ,that such costs1 including the cost of modifying such loans1 shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd3 ,provided further1 ,that such loans or loan guarantees may be made without regard to the population of the area1 credit elsewhere requirements1 and restrictions on the types of eligible entities under the ,rural ,electrification ,act of #aicf and section #cjf7;a77#a7 of the ,consolidated ,farm and ,rural ,development ,act3 ,provided further1 ,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 authorities4 ,office of the solicitor ,,salaries ,,and ,,expenses ,for necessary expenses of the ,office of the ,solicitor1 #hf1hac1jjj4 ,office of inspector general ,,salaries ,,and ,,expenses ,for necessary expenses of the ,office of ,inspector ,general1 #eh1eeb1jjj1 to remain available until ,september #cj1 #bjbb4 ,department-,wide ,programs ,,wildland ,,fire ,,management 7,,including ,,transfers ,,of ,,funds7 ,for necessary expenses for fire preparedness1 fire suppression operations1 fire science and research1 emergency rehabilitation1 fuels management activities1 and rural fire assistance by the ,department of the ,interior1 #iib1fbc1jjj1 to remain available until expended1 of which not to exceed #ah1dbg1jjj shall be for the renovation or construction of fire facilities3 ,provided1 ,that such funds are also available for repayment of advances to other appropriation accounts from which funds were previously transferred for such purposes3 ,provided further1 ,that of the funds provided #bai1ifd1jjj is for fuels management activities3 ,provided further1 ,that of the funds provided #bj1dgj1jjj is for burned area rehabilitation3 ,provided further1 ,that persons hired pursuant to #dc ,u4,s4,c4 #adfi may be furnished subsistence and lodging without cost from funds available from this appropriation3 ,provided further1 ,that notwithstanding #db ,u4,s4,c4 #ahef;d1 sums received by a bureau or office of the ,department of the ,interior for fire protection rendered pursuant to #db ,u4,s4,c4 #ahef et seq41 protection of ,united ,states property1 may be credited to the appropriation from which funds were expended to provide that protection1 and are available without fiscal year limitation3 ,provided further1 ,that using the amounts designated under this title of this ,act1 the ,secretary of the ,interior may enter into procurement contracts1 grants1 or cooperative agreements1 for fuels management activities1 and for training and monitoring associated with such fuels management activities on ,federal land1 or on adjacent non-,federal land for activities that benefit resources on ,federal land3 ,provided further1 ,that the costs of implementing any cooperative agreement between the ,federal ,government and any non-,federal entity may be shared1 as mutually agreed on by the affected parties3 ,provided further1 ,that notwithstanding requirements of the ,competition in ,contracting ,act1 the ,secretary1 for purposes of fuels management activities1 may obtain maximum practicable competition among3 7#a7 local private1 nonprofit1 or cooperative entities2 7#b7 ,youth ,conservation ,corps crews1 ,public ,lands ,corps 7,public ,law #aji-aed71 or related partnerships with ,state1 local1 or nonprofit youth groups2 7#c7 small or micro-businesses2 or 7#d7 other entities that will hire or train locally a significant percentage1 defined as #ej percent or more1 of the project workforce to complete such contracts3 ,provided further1 ,that in implementing this section1 the ,secretary shall develop written guidance to field units to ensure accountability and consistent application of the authorities provided herein3 ,provided further1 ,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 #aigc 7#af ,u4,s4,c4 #aeca et seq47 to consult and conference1 as required by section #g of such ,act1 in connection with wildland fire management activities3 ,provided further1 ,that the ,secretary of the ,interior may use wildland fire appropriations to enter into leases of real property with local governments1 at or below fair market value1 to construct capitalized improvements for fire facilities on such leased properties1 including but not limited to fire guard stations1 retardant stations1 and other initial attack and fire support facilities1 and to make advance payments for any such lease or for construction activity associated with the lease3 ,provided further1 ,that the ,secretary of the ,interior and the ,secretary of ,agriculture may authorize the transfer of funds appropriated for wildland fire management1 in an aggregate amount not to exceed #ej1jjj1jjj between the ,departments when such transfers would facilitate and expedite wildland fire management programs and projects3 ,provided further1 ,that funds provided for wildfire suppression shall be available for support of ,federal emergency response actions3 ,provided further1 ,that funds appropriated under this heading shall be available for assistance to or through the ,department of ,state in connection with forest and rangeland research1 technical information1 and assistance in foreign countries1 and1 with the concurrence of the ,secretary of ,state1 shall be available to support forestry1 wildland fire management1 and related natural resource activities outside the ,united ,states and its territories and possessions1 including technical assistance1 education and training1 and cooperation with ,united ,states and international organizations3 ,provided further1 ,that of the funds provided under this heading #chc1feg1jjj is provided to meet the terms of section #bea7;b77#b77;,f77ii77,i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 as amended4 ,,wildfire ,,suppression ,,operations ,,reserve ,,fund 7,,including ,,transfers ,,of ,,funds7 ,in addition to the amounts provided under the heading ,department of the ,interior--,department-,wide ,programs--,wildland ,fire ,management for wildfire suppression operations1 #caj1jjj1jjj1 to remain available until transferred1 is additional new budget authority as specified for purposes of section #bea7;b77#b77;,f7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe3 ,provided1 ,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 transferred3 ,provided further1 ,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 #cj days3 ,provided further1 ,that the transfer authority provided under this heading is in addition to any other transfer authority provided by law3 ,provided further1 ,that1 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 #cj days pursuant to the previous proviso1 any funds transferred or permitted to be transferred pursuant to any other transfer authority provided by law shall be excluded4 ,,central ,,hazardous ,,materials ,,fund ,for necessary expenses of the ,department of the ,interior and any of its component offices and bureaus for the response action1 including associated activities1 performed pursuant to the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act 7#db ,u4,s4,c4 #ifja et seq471 #aj1jaj1jjj1 to remain available until expended4 ,natural ,resource ,damage ,assessment and ,restoration ,,natural ,,resource ,,damage ,,assessment ,,fund ,to conduct natural resource damage assessment1 restoration activities1 and onshore oil spill preparedness by the ,department of the ,interior necessary to carry out the provisions of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act 7#db ,u4,s4,c4 #ifja et seq471 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgja et seq471 and #ed ,u4,s4,c4 #ajjgba et seq41 #g1gfg1jjj1 to remain available until expended4 ,,working ,,capital ,,fund ,for the operation and maintenance of a departmental financial and business management system1 information technology improvements of general benefit to the ,department1 cybersecurity1 and the consolidation of facilities and operations throughout the ,department1 #fj1gce1jjj1 to remain available until expended3 ,provided1 ,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 ,senate3 ,provided further1 ,that the ,secretary of the ,interior may assess reasonable charges to ,state1 local1 and tribal government employees for training services provided by the ,national ,indian ,program ,training ,center1 other than training related to ,public ,law #ic-fch3 ,provided further1 ,that the ,secretary may lease or otherwise provide space and related facilities1 equipment1 or professional services of the ,national ,indian ,program ,training ,center to ,state1 local and tribal government employees or persons or organizations engaged in cultural1 educational1 or recreational activities 7as defined in section #ccjf7;a7 of title #dj1 ,united ,states ,code7 at the prevailing rate for similar space1 facilities1 equipment1 or services in the vicinity of the ,national ,indian ,program ,training ,center3 ,provided further1 ,that all funds received pursuant to the two preceding provisos shall be credited to this account1 shall be available until expended1 and shall be used by the ,secretary for necessary expenses of the ,national ,indian ,program ,training ,center3 ,provided further1 ,that the ,secretary may enter into grants and cooperative agreements to support the ,office of ,natural ,resource ,revenue's collection and disbursement of royalties1 fees1 and other mineral revenue proceeds1 as authorized by law4 ,,administrative ,,provision ,there is hereby authorized for acquisition from available resources within the ,working ,capital ,fund1 aircraft which may be obtained by donation1 purchase1 or through available excess surplus property3 ,provided1 ,that existing aircraft being replaced may be sold1 with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft4 ,,office ,,of ,,natural ,,resources ,,revenue ,for necessary expenses for management of the collection and disbursement of royalties1 fees1 and other mineral revenue proceeds1 and for grants and cooperative agreements1 as authorized by law1 #adh1dgd1jjj1 to remain available until ,september #cj1 #bjbb2 of which #ej1fea1jjj shall remain available until expended for the purpose of mineral revenue management activities3 ,provided1 ,that notwithstanding any other provision of law1 #ae1jjj 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 due1 to pay amounts owed to ,indian allottees or tribes1 or to correct prior unrecoverable erroneous payments4 ,general ,provisions1 ,department of the ,interior 7,,including ,,transfers ,,of ,,funds7 ,,emergency ,,transfer ,,authority--,,intra-,,bureau #aja4 ,appropriations made in this title shall be available for expenditure or transfer 7within each bureau or office71 with the approval of the ,secretary of the ,interior1 for the emergency reconstruction1 replacement1 or repair of aircraft1 buildings1 utilities1 or other facilities or equipment damaged or destroyed by fire1 flood1 storm1 or other unavoidable causes3 ,provided1 ,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 exhausted3 ,provided further1 ,that all funds used pursuant to this section must be replenished by a supplemental appropriation1 which must be requested as promptly as possible4 ,,emergency ,,transfer ,,authority--,,department-,,wide #ajb4 ,the ,secretary of the ,interior may authorize the expenditure or transfer of any no year appropriation in this title1 in addition to the amounts included in the budget programs of the several agencies1 for the suppression or emergency prevention of wildland fires on or threatening lands under the jurisdiction of the ,department of the ,interior2 for the emergency rehabilitation of burned-over lands under its jurisdiction2 for emergency actions related to potential or actual earthquakes1 floods1 volcanoes1 storms1 or other unavoidable causes2 for contingency planning subsequent to actual oil spills2 for response and natural resource damage assessment activities related to actual oil spills or releases of hazardous substances into the environment2 for the prevention1 suppression1 and control of actual or potential grasshopper and ,mormon cricket outbreaks on lands under the jurisdiction of the ,secretary1 pursuant to the authority in section #dag7;b7 of ,public ,law #ajf-bbd 7#g ,u4,s4,c4 #ggag7;b772 for emergency reclamation projects under section #daj of ,public ,law #ie-hg2 and shall transfer1 from any no year funds available to the ,office of ,surface ,mining ,reclamation and ,enforcement1 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 ,act3 ,provided1 ,that appropriations made in this title for wildland fire operations shall be available for the payment of obligations incurred during the preceding fiscal year1 and for reimbursement to other ,federal agencies for destruction of vehicles1 aircraft1 or other equipment in connection with their use for wildland fire operations1 with such reimbursement to be credited to appropriations currently available at the time of receipt thereof3 ,provided further1 ,that for wildland fire operations1 no funds shall be made available under this authority until the ,secretary determines that funds appropriated for wildland fire suppression shall be exhausted within #cj days3 ,provided further1 ,that all funds used pursuant to this section must be replenished by a supplemental appropriation1 which must be requested as promptly as possible3 ,provided further1 ,that such replenishment funds shall be used to reimburse1 on a pro rata basis1 accounts from which emergency funds were transferred4 ,,authorized ,,use ,,of ,,funds #ajc4 ,appropriations made to the ,department of the ,interior in this title shall be available for services as authorized by section #caji of title #e1 ,united ,states ,code1 when authorized by the ,secretary of the ,interior1 in total amount not to exceed #ejj1jjj2 purchase and replacement of motor vehicles1 including specially equipped law enforcement vehicles2 hire1 maintenance1 and operation of aircraft2 hire of passenger motor vehicles2 purchase of reprints2 payment for telephone service in private residences in the field1 when authorized under regulations approved by the ,secretary2 and the payment of dues1 when authorized by the ,secretary1 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 members4 ,,authorized ,,use ,,of ,,funds1 ,,indian ,,trust ,,management #ajd4 ,appropriations made in this ,act under the headings ,bureau of ,indian ,affairs and ,bureau of ,indian ,education1 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 activities4 ,total funding for historical accounting activities shall not exceed amounts specifically designated in this ,act for such purpose4 ,the ,secretary shall notify the ,house and ,senate ,committees on ,appropriations within #fj days of the expenditure or transfer of any funds under this section1 including the amount expended or transferred and how the funds will be used4 ,,redistribution ,,of ,,funds1 ,,bureau ,,of ,,indian ,,affairs #aje4 ,notwithstanding any other provision of law1 the ,secretary of the ,interior is authorized to redistribute any ,tribal ,priority ,allocation funds1 including tribal base funds1 to alleviate tribal funding inequities by transferring funds to address identified1 unmet needs1 dual enrollment1 overlapping service areas or inaccurate distribution methodologies4 ,no tribe shall receive a reduction in ,tribal ,priority ,allocation funds of more than #aj percent in fiscal year #bjba4 ,under circumstances of dual enrollment1 overlapping service areas or inaccurate distribution methodologies1 the #aj percent limitation does not apply4 ,,ellis1 ,,governors1 ,,and ,,liberty ,,islands #ajf4 ,notwithstanding any other provision of law1 the ,secretary of the ,interior is authorized to acquire lands1 waters1 or interests therein1 including the use of all or part of any pier1 dock1 or landing within the ,state of ,new ,york and the ,state of ,new ,jersey1 for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors to ,ellis1 ,governors1 and ,liberty ,islands1 and of other program and administrative activities1 by donation or with appropriated funds1 including franchise fees 7and other monetary consideration71 or by exchange2 and the ,secretary is authorized to negotiate and enter into leases1 subleases1 concession contracts1 or other agreements for the use of such facilities on such terms and conditions as the ,secretary may determine reasonable4 ,,outer ,,continental ,,shelf ,,inspection ,,fees #ajg4 7a7 ,in fiscal year #bjba1 the ,secretary of the ,interior shall collect a nonrefundable inspection fee1 which shall be deposited in the ,offshore ,safety and ,environmental ,enforcement account1 from the designated operator for facilities subject to inspection under #dc ,u4,s4,c4 #acdh7;c74 7b7 ,annual fees shall be collected for facilities that are above the waterline1 excluding drilling rigs1 and are in place at the start of the fiscal year4 ,fees for fiscal year #bjba shall be-- 7#a7 #aj1ejj for facilities with no wells1 but with processing equipment or gathering lines2 7#b7 #ag1jjj for facilities with #a to #aj wells1 with any combination of active or inactive wells2 and 7#c7 #ca1ejj for facilities with more than #aj wells1 with any combination of active or inactive wells4 7c7 ,fees for drilling rigs shall be assessed for all inspections completed in fiscal year #bjba4 ,fees for fiscal year #bjba shall be-- 7#a7 #cj1ejj per inspection for rigs operating in water depths of #ejj feet or more2 and 7#b7 #af1gjj per inspection for rigs operating in water depths of less than #ejj feet4 7d7 ,fees for inspection of well operations conducted via non-rig units as outlined in title #cj ,,cfr #bej subparts ,d1 ,e1 ,f1 and ,q shall be assessed for all inspections completed in fiscal year #bjba4 ,fees for fiscal year #bjba shall be-- 7#a7 #ac1bfj per inspection for non-rig units operating in water depths of #b1ejj feet or more2 7#b7 #aa1ecj per inspection for non-rig units operating in water depths between #ejj and #b1dii feet2 and 7#c7 #d1dgj per inspection for non-rig units operating in water depths of less than #ejj feet4 7e7 ,the ,secretary shall bill designated operators under subsection 7b7 quarterly1 with payment required within #cj days of billing4 ,the ,secretary shall bill designated operators under subsection 7c7 within #cj days of the end of the month in which the inspection occurred1 with payment required within #cj days of billing4 ,the ,secretary shall bill designated operators under subsection 7d7 with payment required by the end of the following quarter4 ,,contracts ,,and ,,agreements ,,for ,,wild ,,horse ,,and ,,burro ,,holding ,,facilities #ajh4 ,notwithstanding any other provision of this ,act1 the ,secretary of the ,interior may enter into multiyear cooperative agreements with nonprofit organizations and other appropriate entities1 and may enter into multiyear contracts in accordance with the provisions of section #cijc of title #da1 ,united ,states ,code 7except that the #e-year term restriction in subsection 7a7 shall not apply71 for the long-term care and maintenance of excess wild free roaming horses and burros by such organizations or entities on private land4 ,such cooperative agreements and contracts may not exceed #aj years1 subject to renewal at the discretion of the ,secretary4 ,,mass ,,marking ,,of ,,salmonids #aji4 ,the ,united ,states ,fish and ,wildlife ,service shall1 in carrying out its responsibilities to protect threatened and endangered species of salmon1 implement a system of mass marking of salmonid stocks1 intended for harvest1 that are released from federally operated or federally financed hatcheries including but not limited to fish releases of coho1 chinook1 and steelhead species4 ,marked fish must have a visible mark that can be readily identified by commercial and recreational fishers4 ,,contracts ,,and ,,agreements ,,with ,,indian ,,affairs #aaj4 ,notwithstanding any other provision of law1 during fiscal year #bjba1 in carrying out work involving cooperation with ,state1 local1 and tribal governments or any political subdivision thereof1 ,indian ,affairs may record obligations against accounts receivable from any such entities1 except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year4 ,,department ,,of ,,the ,,interior ,,experienced ,,services ,,program #aaa4 7a7 ,notwithstanding any other provision of law relating to ,federal grants and cooperative agreements1 the ,secretary of the ,interior is authorized to make grants to1 or enter into cooperative agreements with1 private nonprofit organizations designated by the ,secretary of ,labor under title ,v of the ,older ,americans ,act of #aife 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 law4 7b7 ,prior to awarding any grant or agreement under subsection 7a71 the ,secretary shall ensure that the agreement would not-- 7#a7 result in the displacement of individuals currently employed by the ,department1 including partial displacement through reduction of non-overtime hours1 wages1 or employment benefits2 7#b7 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 ,department2 or 7#c7 affect existing contracts for services4 ,,obligation ,,of ,,funds #aab4 ,amounts appropriated by this ,act to the ,department of the ,interior shall be available for obligation and expenditure not later than #fj days after the date of enactment of this ,act4 ,,extension ,,of ,,authorities #aac4 7a7 ,section #gjh7;a7 of division ,,ii of ,public ,law #ajd-ccc1 as amended by ,public ,law #aaj-bbi section #dfa1 is further amended by striking #ae1jjj1jjj and inserting #ag1jjj1jjj4 7b7 ,section #aji7;a7 of title ,i of ,public ,law #ajf-bgh is amended by striking #aj1jjj1jjj and inserting #ab1jjj1jjj4 ,,separation ,,of ,,accounts #aad4 ,the ,secretary of the ,interior1 in order to implement an orderly transition to separate accounts of the ,bureau of ,indian ,affairs and the ,bureau of ,indian ,education1 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 ,act4 ,,payments ,,in ,,lieu ,,of ,,taxes 7,,pilt7 #aae4 ,section #fijf of title #ca1 ,united ,states ,code1 shall be applied by substituting fiscal year #bjba for fiscal year #bjai4 ,,sage-,,grouse #aaf4 ,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 #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7-- 7#a7 a proposed rule for greater sage-grouse 7,centrocercus urophasianus72 7#b7 a proposed rule for the ,columbia basin distinct population segment of greater sage-grouse4 ,,disclosure ,,of ,,departure ,,or ,,alternate ,,procedure ,,approval #aag4 7a7 ,subject to subsection 7b71 beginning no later than #ahj days after the enactment of this ,act1 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 equipment1 in regards to a plan or permit1 under #cj ,,cfr #ehe4ajc1 #cj ,,cfr #eej4ada2 #cj ,,cfr #eej4adb2 #cj ,,cfr #bej4ada1 or #cj ,,cfr #bej4adb1 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 #ae business days after such issuance4 7b7 ,the head of each bureau may exclude confidential business information4 ,,medical ,,services ,,fund #aah4 ,beginning in fiscal year #bjbb and for each fiscal year thereafter1 fees collected pursuant to section #bdjd of ,public ,law #aaf-i shall be deposited into the ,national ,park ,medical ,services ,fund established pursuant to such section of such ,act as discretionary offsetting receipts4 ,,interagency ,,motor ,,pool #aai4 ,notwithstanding any other provision of law or ,federal regulation1 federally recognized ,indian tribes or authorized tribal organizations that receive ,tribally-,controlled ,school ,grants pursuant to ,public ,law #ajj-big 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 ,act4 ,,long ,,bridge ,,project #abj4 7a7 ,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 ,project1 the ,secretary of the ,interior may convey to the ,state or the ,district of ,columbia1 as applicable1 all right1 title1 and interest of the ,united ,states in and to any portion of the approximately #d4d acres of ,national ,park ,service land depicted as ,permanent ,impact to ,,nps ,land on the ,map dated ,may #ae1 #bjbj1 that is identified by the ,state or the ,district of ,columbia4 7b7 ,terms and conditions ,such conveyance of the ,national ,park ,service land under subsection 7a7 shall be subject to any terms and conditions that the ,secretary may require4 ,if such conveyed land is no longer being used for the purposes specified in this section1 the lands or interests therein shall revert to the ,national ,park ,service after they have been restored or remediated to the satisfaction of the ,secretary4 7c7 ,corrections ,the ,secretary and the ,state or the ,district of ,columbia1 as applicable1 by mutual agreement1 may-- 7#a7 make minor boundary adjustments to the ,national ,park ,service land to be conveyed to the ,state or the ,district of ,columbia under subsection 7a72 and 7#b7 correct any minor errors in the ,map referred to in subsection 7a74 7d7 ,definitions ,for purposes of this section3 7#a7 ,long bridge project ,the term ,long ,bridge ,project means the rail project1 as identified by the ,federal ,railroad ,administration1 from ,rosslyn 7,,ro7 ,interlocking in ,arlington1 ,virginia1 to ,l',enfant 7,,le7 ,interlocking in ,washington1 ,,dc1 which includes a bicycle and pedestrian bridge4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,director of the ,national ,park ,service4 7#c7 ,state ,the term ,state means the ,state of ,virginia4 ,,ii ,environmental protection agency ,science and technology ,for science and technology1 including research and development activities1 which shall include research and development activities under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj2 necessary expenses for personnel and related costs and travel expenses2 procurement of laboratory equipment and supplies2 hire1 maintenance1 and operation of aircraft2 and other operating expenses in support of research and development1 #gbi1cbi1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that of the funds included under this heading1 #g1ejj1jjj shall be for ,research3 ,national ,priorities as specified in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act74 ,environmental programs and management ,for environmental programs and management1 including necessary expenses not otherwise provided for1 for personnel and related costs and travel expenses2 hire of passenger motor vehicles2 hire1 maintenance1 and operation of aircraft2 purchase of reprints2 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 members2 administrative costs of the brownfields program under the ,small ,business ,liability ,relief and ,brownfields ,revitalization ,act of #bjjb2 implementation of a coal combustion residual permit program under section #bcja of the ,water and ,waste ,act of #bjaf2 and not to exceed #ai1jjj for official reception and representation expenses1 #b1gfa1eej1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that of the funds included under this heading1 #ba1gjj1jjj shall be for ,environmental ,protection3 ,national ,priorities as specified in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act73 ,provided further1 ,that of the funds included under this heading1 #eda1igb1jjj shall be for ,geographic ,programs specified in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act74 ,in addition1 #e1jjj1jjj to remain available until expended1 for necessary expenses of activities described in section #bf7;b77#a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfbe7;b77#a773 ,provided1 ,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 #bjba shall be retained and used for necessary salaries and expenses in this appropriation and shall remain available until expended3 ,provided further1 ,that the sum herein appropriated in this paragraph from the general fund for fiscal year #bjba shall be reduced by the amount of discretionary offsetting receipts received during fiscal year #bjba1 so as to result in a final fiscal year #bjba appropriation from the general fund estimated at not more than #j3 ,provided further1 ,that to the extent that amounts realized from such receipts exceed #e1jjj1jjj1 those amount in excess of #e1jjj1jjj shall be deposited in the ,,tsca ,service ,fee ,fund as discretionary offsetting receipts in fiscal year #bjba1 shall be retained and used for necessary salaries and expenses in this account1 and shall remain available until expended3 ,provided further1 ,that of the funds included in the first paragraph under this heading1 the ,chemical ,risk ,review and ,reduction program project shall be allocated for this fiscal year1 excluding the amount of any fees appropriated1 not less than the amount of appropriations for that program project for fiscal year #bjad4 ,hazardous waste electronic manifest system fund ,for necessary expenses to carry out section #cjbd of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fici;g71 including the development1 operation1 maintenance1 and upgrading of the hazardous waste electronic manifest system established by such section1 #h1jjj1jjj1 to remain available until expended3 ,provided1 ,that the sum herein appropriated from the general fund shall be reduced as offsetting collections under such section #cjbd are received during fiscal year #bjba1 which shall remain available until expended and be used for necessary expenses in this appropriation1 so as to result in a final fiscal year #bjba appropriation from the general fund estimated at not more than #j3 ,provided further1 ,that to the extent such offsetting collections received in fiscal year #bjba exceed #h1jjj1jjj1 those excess amounts shall remain available until expended and be used for necessary expenses in this appropriation4 ,office of inspector general ,for necessary expenses of the ,office of ,inspector ,general in carrying out the provisions of the ,inspector ,general ,act of #aigh1 #dc1ejj1jjj1 to remain available until ,september #cj1 #bjbb4 ,buildings and facilities ,for construction1 repair1 improvement1 extension1 alteration1 and purchase of fixed equipment or facilities of1 or for use by1 the ,environmental ,protection ,agency1 #cc1geb1jjj1 to remain available until expended4 ,hazardous substance superfund 7,,including ,,transfers ,,of ,,funds7 ,for necessary expenses to carry out the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7,,cercla71 including sections #aaa7;c77#c71 7c77#e71 7c77#f71 and 7e77#d7 7#db ,u4,s4,c4 #ifaa71 and hire1 maintenance1 and operation of aircraft1 #a1bje1haa1jjj1 to remain available until expended1 consisting of such sums as are available in the ,trust ,fund on ,september #cj1 #bjbj1 as authorized by section #eag7;a7 of the ,superfund ,amendments and ,reauthorization ,act of #aihf 7,,sara7 and up to #a1bje1haa1jjj as a payment from general revenues to the ,hazardous ,substance ,superfund for purposes as authorized by section #eag7;b7 of ,,sara3 ,provided1 ,that funds appropriated under this heading may be allocated to other ,federal agencies in accordance with section #aaa7;a7 of ,,cercla3 ,provided further1 ,that of the funds appropriated under this heading1 #aa1ehf1jjj shall be paid to the ,office of ,inspector ,general appropriation to remain available until ,september #cj1 #bjbb1 and #cj1gee1jjj shall be paid to the ,science and ,technology appropriation to remain available until ,september #cj1 #bjbb4 ,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 ,act1 #ib1bjc1jjj1 to remain available until expended1 of which #ff1hcd1jjj shall be for carrying out leaking underground storage tank cleanup activities authorized by section #ijjc7;h7 of the ,solid ,waste ,disposal ,act2 #be1cfi1jjj shall be for carrying out the other provisions of the ,solid ,waste ,disposal ,act specified in section #iejh7;c7 of the ,internal ,revenue ,code3 ,provided1 ,that the ,administrator is authorized to use appropriations made available under this heading to implement section #ijac 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 tanks4 ,inland oil spill programs ,for expenses necessary to carry out the ,environmental ,protection ,agency's responsibilities under the ,oil ,pollution ,act of #aiij1 including hire1 maintenance1 and operation of aircraft1 #bj1jih1jjj1 to be derived from the ,oil ,spill ,liability trust fund1 to remain available until expended4 ,state and tribal assistance grants ,for environmental programs and infrastructure assistance1 including capitalization grants for ,state revolving funds and performance partnership grants1 #d1cac1ija1jjj1 to remain available until expended1 of which-- 7#a7 #a1fch1hbf1jjj shall be for making capitalization grants for the ,clean ,water ,state ,revolving ,funds under title ,,vi of the ,federal ,water ,pollution ,control ,act2 and of which #a1abf1jhh1jjj shall be for making capitalization grants for the ,drinking ,water ,state ,revolving ,funds under section #adeb of the ,safe ,drinking ,water ,act3 ,provided1 ,that for fiscal year #bjba1 to the extent there are sufficient eligible project applications and projects are consistent with ,state ,intended ,use ,plans1 not less than #aj 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 infrastructure1 water or energy efficiency improvements1 or other environmentally innovative activities3 ,provided further1 ,that for fiscal year #bjba1 funds made available under this title to each ,state for ,drinking ,water ,state ,revolving ,fund capitalization grants may1 at the discretion of each ,state1 be used for projects to address green infrastructure1 water or energy efficiency improvements1 or other environmentally innovative activities3 ,provided further1 ,that notwithstanding section #fjc7;d77#g7 of the ,federal ,water ,pollution ,control ,act1 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 #bjba 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 ,administrator1 accounted for separately from other assets in the fund1 and used for eligible purposes of the fund1 including administration3 ,provided further1 ,that for fiscal year #bjba1 notwithstanding the provisions of subsections 7g77#a71 7h71 and 7l7 of section #bja of the ,federal ,water ,pollution ,control ,act1 grants made under title ,,ii of such ,act for ,american ,samoa1 ,guam1 the ,commonwealth of the ,northern ,marianas1 the ,united ,states ,virgin ,islands1 and the ,district of ,columbia may also be made for the purpose of providing assistance3 7#a7 solely for facility plans1 design activities1 or plans1 specifications1 and estimates for any proposed project for the construction of treatment works2 and 7#b7 for the construction1 repair1 or replacement of privately owned treatment works serving one or more principal residences or small commercial establishments3 ,provided further1 ,that for fiscal year #bjba1 notwithstanding the provisions of such subsections 7g77#a71 7h71 and 7l7 of section #bja and section #eah7;c7 of the ,federal ,water ,pollution ,control ,act1 funds reserved by the ,administrator for grants under section #eah7;c7 of the ,federal ,water ,pollution ,control ,act may also be used to provide assistance3 7#a7 solely for facility plans1 design activities1 or plans1 specifications1 and estimates for any proposed project for the construction of treatment works2 and 7#b7 for the construction1 repair1 or replacement of privately owned treatment works serving one or more principal residences or small commercial establishments3 ,provided further1 ,that for fiscal year #bjba1 notwithstanding any provision of the ,federal ,water ,pollution ,control ,act and regulations issued pursuant thereof1 up to a total of #b1jjj1jjj of the funds reserved by the ,administrator for grants under section #eah7;c7 of such ,act may also be used for grants for training1 technical assistance1 and educational programs relating to the operation and management of the treatment works specified in section #eah7;c7 of such ,act3 ,provided further1 ,that for fiscal year #bjba1 funds reserved under section #eah7;c7 of such ,act shall be available for grants only to ,indian tribes1 as defined in section #eah7;h7 of such ,act and former ,indian reservations in ,oklahoma 7as determined by the ,secretary of the ,interior7 and ,native ,villages as defined in ,public ,law #ib-bjc3 ,provided further1 ,that for fiscal year #bjba1 notwithstanding the limitation on amounts in section #eah7;c7 of the ,federal ,water ,pollution ,control ,act1 up to a total of #b percent of the funds appropriated1 or #cj1jjj1jjj1 whichever is greater1 and notwithstanding the limitation on amounts in section #adeb7;i7 of the ,safe ,drinking ,water ,act1 up to a total of #b percent of the funds appropriated1 or #bj1jjj1jjj1 whichever is greater1 for ,state ,revolving ,funds under such ,acts may be reserved by the ,administrator for grants under section #eah7;c7 and section #adeb7;i7 of such ,acts3 ,provided further1 ,that for fiscal year #bjba1 notwithstanding the amounts specified in section #bje7;c7 of the ,federal ,water ,pollution ,control ,act1 up to #a4e percent of the aggregate funds appropriated for the ,clean ,water ,state ,revolving ,fund program under the ,act less any sums reserved under section #eah7;c7 of the ,act1 may be reserved by the ,administrator for grants made under title ,,ii of the ,federal ,water ,pollution ,control ,act for ,american ,samoa1 ,guam1 the ,commonwealth of the ,northern ,marianas1 and ,united ,states ,virgin ,islands3 ,provided further1 ,that for fiscal year #bjba1 notwithstanding the limitations on amounts specified in section #adeb7;j7 of the ,safe ,drinking ,water ,act1 up to #a4e 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 #adeb7;j7 of the ,safe ,drinking ,water ,act3 ,provided further1 ,that #aj percent of the funds made available under this title to each ,state for ,clean ,water ,state ,revolving ,fund capitalization grants and #ad 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 principal1 negative interest loans1 or grants 7or any combination of these71 and shall be so used by the ,state only where such funds are provided as initial financing for an eligible recipient or to buy1 refinance1 or restructure the debt obligations of eligible recipients only where such debt was incurred on or after the date of enactment of this ,act1 or where such debt was incurred prior to the date of enactment of this ,act if the ,state1 with concurrence from the ,administrator1 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 ,act3 ,provided further1 ,that in a ,state in which such an emergency declaration has been issued1 the ,state may use more than #ad 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 recipients2 7#b7 #cj1jjj1jjj shall be for architectural1 engineering1 planning1 design1 construction and related activities in connection with the construction of high priority water and wastewater facilities in the area of the ,united ,states-,mexico ,border1 after consultation with the appropriate border commission3 ,provided1 ,that no funds provided by this appropriations ,act to address the water1 wastewater and other critical infrastructure needs of the colonias in the ,united ,states along the ,united ,states-,mexico border shall be made available to a county or municipal government unless that government has established an enforceable local ordinance1 or other zoning rule1 which prevents in that jurisdiction the development or construction of any additional colonia areas1 or the development within an existing colonia the construction of any new home1 business1 or other structure which lacks water1 wastewater1 or other necessary infrastructure2 7#c7 #cf1ahf1jjj shall be for grants to the ,state of ,alaska to address drinking water and wastewater infrastructure needs of rural and ,alaska ,native ,villages3 ,provided1 ,that of these funds3 7,a7 the ,state of ,alaska shall provide a match of #be percent2 7,b7 no more than #e percent of the funds may be used for administrative and overhead expenses2 and 7,c7 the ,state of ,alaska shall make awards consistent with the ,statewide priority list established in conjunction with the ,agency and the ,u4,s4 ,department of ,agriculture for all water1 sewer1 waste disposal1 and similar projects carried out by the ,state of ,alaska that are funded under section #bba of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acja7 or the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aiba et seq47 which shall allocate not less than #be percent of the funds provided for projects in regional hub communities2 7#d7 #ij1ihb1jjj shall be to carry out section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7,,cercla71 including grants1 interagency agreements1 and associated program support costs3 ,provided1 ,that at least #aj percent shall be allocated for assistance in persistent poverty counties3 ,provided further1 ,that for purposes of this section1 the term persistent poverty counties means any county that has had #bj percent or more of its population living in poverty over the past #cj years1 as measured by the #aiij and #bjjj decennial censuses and the most recent ,small ,area ,income and ,poverty ,estimates1 or any territory or possession of the ,united ,states2 7#e7 #ij1jjj1jjj shall be for grants under title ,,vii1 subtitle ,g of the ,energy ,policy ,act of #bjje2 7#f7 #ei1jjj1jjj shall be for targeted airshed grants in accordance with the terms and conditions in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act72 7#g7 #d1jjj1jjj shall be to carry out the water quality program authorized in section #ejjd7;d7 of the ,water ,infrastructure ,improvements for the ,nation ,act 7,public ,law #aad-cbb72 7#h7 #bf1djh1jjj shall be for grants under subsections 7a7 through 7j7 of section #adei;,a of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ai;a72 7#i7 #bf1ejj1jjj shall be for grants under section #adfd7;d7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#bd7;d772 7#aj7 #ba1eaa1jjj shall be for grants under section #adei;,b of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ai;b72 7#aa7 #d1jjj1jjj shall be for grants under section #adei;,a7l7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ai;a7l772 7#ab7 #ah1jjj1jjj shall be for grants under section #ajd7;b77#h7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abed7;b77#h772 7#ac7 #dj1jjj1jjj shall be for grants under section #bba of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acja72 7#ad7 #c1jjj1jjj shall be for grants under section #dcjd7;b7 of the ,america's ,water ,infrastructure ,act of #bjah 7,public ,law #aae-bgj72 and 7#ae7 #a1jii1djj1jjj shall be for grants1 including associated program support costs1 to ,states1 federally recognized tribes1 interstate agencies1 tribal consortia1 and air pollution control agencies for multi-media or single media pollution prevention1 control and abatement1 and related activities1 including activities pursuant to the provisions set forth under this heading in ,public ,law #ajd-acd1 and for making grants under section #ajc of the ,clean ,air ,act for particulate matter monitoring and data collection activities subject to terms and conditions specified by the ,administrator1 and under section #bcja of the ,water and ,waste ,act of #bjaf to assist ,states in developing and implementing programs for control of coal combustion residuals1 of which3 #df1aie1jjj shall be for carrying out section #abh of ,,cercla2 #i1ccf1jjj shall be for ,environmental ,information ,exchange ,network grants1 including associated program support costs2 #a1dge1jjj shall be for grants to ,states under section #bjjg7;f77#b7 of the ,solid ,waste ,disposal ,act1 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 #iejh7;c7 of the ,internal ,revenue ,code other than section #ijjc7;h7 of the ,solid ,waste ,disposal ,act2 #ag1ibd1jjj of the funds available for grants under section #ajf 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 programs2 #aj1jjj1jjj shall be for multipurpose grants1 including interagency agreements1 in accordance with the terms and conditions described in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act74 ,water infrastructure finance and innovation program account ,for the cost of direct loans and for the cost of guaranteed loans1 as authorized by the ,water ,infrastructure ,finance and ,innovation ,act of #bjad1 #ei1ejj1jjj1 to remain available until expended3 ,provided1 ,that such costs1 including the cost of modifying such loans1 shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd3 ,provided further1 ,that these funds are available to subsidize gross obligations for the principal amount of direct loans1 including capitalized interest1 and total loan principal1 including capitalized interest1 any part of which is to be guaranteed1 not to exceed #ab1ejj1jjj1jjj3 ,provided further1 ,that of the funds made available under this heading1 #e1jjj1jjj shall be used solely for the cost of direct loans and for the cost of guaranteed loans for projects described in section #ejbf7i7 of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad to ,state infrastructure financing authorities1 as authorized by section #ejcc7;e7 of such ,act3 ,provided further1 ,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 #cj1 #bjbj 7#he ,,fr #ciahi7 pursuant to the fourth proviso under the heading ,water ,infrastructure ,finance and ,innovation ,program ,account in division ,d of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id73 ,provided further1 ,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 guarantee1 as applicable1 and the project comply with the criteria referenced in the previous proviso3 ,provided further1 ,that1 for the purposes of carrying out the ,congressional ,budget ,act of #aigd1 the ,director of the ,congressional ,budget ,office may request1 and the ,administrator shall promptly provide1 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 ,program1 including with respect to a project that was initiated or completed before the date of enactment of this ,act4 ,in addition1 fees authorized to be collected pursuant to sections #ejbi and #ejcj of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad shall be deposited in this account1 to remain available until expended4 ,in addition1 for administrative expenses to carry out the direct and guaranteed loan programs1 notwithstanding section #ejcc of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad1 #e1ejj1jjj1 to remain available until ,september #cj1 #bjbb4 ,administrative provisions--environmental protection agency 7,,including ,,transfers ,,and ,,rescission ,,of ,,funds7 ,for fiscal year #bjba1 notwithstanding #ca ,u4,s4,c4 #fcjc7a7 and #fcje7a71 the ,administrator of the ,environmental ,protection ,agency1 in carrying out the ,agency's function to implement directly ,federal environmental programs required or authorized by law in the absence of an acceptable tribal program1 may award cooperative agreements to federally recognized ,indian tribes or ,intertribal consortia1 if authorized by their member tribes1 to assist the ,administrator in implementing ,federal environmental programs for ,indian tribes required or authorized by law1 except that no such cooperative agreements may be awarded from funds designated for ,state financial assistance agreements4 ,the ,administrator of the ,environmental ,protection ,agency is authorized to collect and obligate pesticide registration service fees in accordance with section #cc of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acfw-#h74 ,notwithstanding section #cc7;d77#b7 of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7,,fifra7 7#g ,u4,s4,c4 #acfw-#h7;d77#b771 the ,administrator of the ,environmental ,protection ,agency may assess fees under section #cc of ,,fifra 7#g ,u4,s4,c4 #acfw-#h7 for fiscal year #bjba4 ,the ,administrator is authorized to transfer up to #ccj1jjj1jjj 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 agency1 with the concurrence of such head1 to carry out activities that would support the ,great ,lakes ,restoration ,initiative and ,great ,lakes ,water ,quality ,agreement programs1 projects1 or activities2 to enter into an interagency agreement with the head of such ,federal department or agency to carry out these activities2 and to make grants to governmental entities1 nonprofit organizations1 institutions1 and individuals for planning1 research1 monitoring1 outreach1 and implementation in furtherance of the ,great ,lakes ,restoration ,initiative and the ,great ,lakes ,water ,quality ,agreement4 ,the ,science and ,technology1 ,environmental ,programs and ,management1 ,office of ,inspector ,general1 ,hazardous ,substance ,superfund1 and ,leaking ,underground ,storage ,tank ,trust ,fund ,program ,accounts1 are available for the construction1 alteration1 repair1 rehabilitation1 and renovation of facilities1 provided that the cost does not exceed #aej1jjj per project4 ,for fiscal year #bjba1 and notwithstanding section #eah7;f7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acgg7;f771 the ,administrator is authorized to use the amounts appropriated for any fiscal year under section #cai of the ,act to make grants to ,indian tribes pursuant to sections #cai7;h7 and #eah7;e7 of that ,act4 ,the ,administrator is authorized to use the amounts appropriated under the heading ,environmental ,programs and ,management for fiscal year #bjba to provide grants to implement the ,southeastern ,new ,england ,watershed ,restoration ,program4 ,notwithstanding the limitations on amounts in section #cbj7;i77#b77;,b7 of the ,federal ,water ,pollution ,control ,act1 not less than #a1ejj1jjj of the funds made available under this title for the ,national ,estuary ,program shall be for making competitive awards described in section #cbj7;g77#d74 ,for fiscal year #bjba1 the ,office of ,chemical ,safety and ,pollution ,prevention and the ,office of ,water may1 using funds appropriated under the headings ,environmental ,programs and ,management and ,science and ,technology1 contract directly with individuals or indirectly with institutions or nonprofit organizations1 without regard to #da ,u4,s4,c4 #e1 for the temporary or intermittent personal services of students or recent graduates1 who shall be considered employees for the purposes of chapters #eg and #ha of title #e1 ,united ,states ,code1 relating to compensation for travel and work injuries1 and chapter #aga of title #bh1 ,united ,states ,code1 relating to tort claims1 but shall not be considered to be ,federal employees for any other purpose3 ,provided1 ,that amounts used for this purpose by the ,office of ,chemical ,safety and ,pollution ,prevention and the ,office of ,water collectively may not exceed #b1jjj1jjj4 ,of the unobligated balances available for the ,state and ,tribal ,assistance ,grants account1 #bg1iia1jjj are hereby permanently rescinded3 ,provided1 ,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 #aihe4 ,,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 ,environment1 #hge1jjj3 ,provided1 ,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 office4 ,forest ,service ,,forest ,,service ,,operations 7,including ,transfers of ,funds7 ,for necessary expenses of the ,forest ,service1 not otherwise provided for1 #a1jbf1afc1jjj1 to remain available through ,september #cj1 #bjbd3 ,provided1 ,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 ,office1 the ,work ,environment and ,performance ,office1 the ,business ,operations ,deputy ,area1 and the ,chief ,financial ,officer's ,office to carry out administrative and general management support functions3 ,provided further1 ,that funds provided under this heading shall be available for the costs of facility maintenance1 repairs1 and leases for buildings and sites where these support functions take place2 the costs of all utility and telecommunication expenses of the ,forest ,service1 as well as business services2 and1 for information technology1 including cyber security requirements3 ,provided further1 ,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 operation4 ,,forest ,,and ,,rangeland ,,research ,for necessary expenses of forest and rangeland research as authorized by law1 #beh1gfj1jjj1 to remain available through ,september #cj1 #bjbd3 ,provided1 ,that of the funds provided1 #ag1fba1jjj is for the forest inventory and analysis program3 ,provided further1 ,that all authorities for the use of funds1 including the use of contracts1 grants1 and cooperative agreements1 available to execute the ,forest and ,rangeland ,research appropriation1 are also available in the utilization of these funds for ,fire ,science ,research4 ,,state ,,and ,,private ,,forestry 7,,including ,,rescission ,,of ,,funds7 ,for necessary expenses of cooperating with and providing technical and financial assistance to ,states1 territories1 possessions1 and others1 and for forest health management1 and conducting an international program and trade compliance activities as authorized1 #bfg1ahj1jjj1 to remain available through ,september #cj1 #bjbd1 as authorized by law4 ,of the unobligated balances from amounts made available for the ,forest ,legacy ,program and derived from the ,land and ,water ,conservation ,fund1 #e1hji1jjj is hereby permanently rescinded from projects with cost savings or failed or partially failed projects3 ,provided1 ,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 #aihe4 ,,national ,,forest ,,system ,for necessary expenses of the ,forest ,service1 not otherwise provided for1 for management1 protection1 improvement1 and utilization of the ,national ,forest ,system1 and for hazardous fuels management on or adjacent to such lands1 #a1ghf1hgj1jjj1 to remain available through ,september #cj1 #bjbd3 ,provided1 ,that of the funds provided1 #ac1ghg1jjj shall be deposited in the ,collaborative ,forest ,landscape ,restoration ,fund for ecological restoration treatments as authorized by #af ,u4,s4,c4 #gcjc7;f73 ,provided further1 ,that of the funds provided1 #cg1jag1jjj shall be for forest products3 ,provided further1 ,that of the funds provided1 #ahj1chh1jjj shall be for hazardous fuels management activities1 of which not to exceed #ab1ded1jjj may be used to make grants1 using any authorities available to the ,forest ,service under the ,state and ,private ,forestry appropriation1 for the purpose of creating incentives for increased use of biomass from ,national ,forest ,system lands3 ,provided further1 ,that #bj1jjj1jjj may be used by the ,secretary of ,agriculture to enter into procurement contracts or cooperative agreements or to issue grants for hazardous fuels management activities1 and for training or monitoring associated with such hazardous fuels management activities on ,federal land1 or on non-,federal land if the ,secretary determines such activities benefit resources on ,federal land3 ,provided further1 ,that funds made available to implement the ,community ,forestry ,restoration ,act1 ,public ,law #ajf-cic1 title ,,vi1 shall be available for use on non-,federal lands in accordance with authorities made available to the ,forest ,service under the ,state and ,private ,forestry appropriations3 ,provided further1 ,that notwithstanding section #cc of the ,bankhead ,jones ,farm ,tenant ,act 7#g ,u4,s4,c4 #ajab71 the ,secretary of ,agriculture1 in calculating a fee for grazing on a ,national ,grassland1 may provide a credit of up to #ej 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 incurred1 and that the amount credited shall remain available to the ,grazing ,association or the direct permittee1 as appropriate1 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 ,secretary3 ,provided further1 ,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 account1 the ,range ,betterment ,fund account1 and the ,management of ,national ,forests for ,subsistence ,uses account4 ,capital ,improvement and ,maintenance 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses of the ,forest ,service1 not otherwise provided for1 #adj1cga1jjj1 to remain available through ,september #cj1 #bjbd1 for construction1 capital improvement1 maintenance1 and acquisition of buildings and other facilities and infrastructure2 and for construction1 reconstruction1 decommissioning of roads that are no longer needed1 including unauthorized roads that are not part of the transportation system1 and maintenance of forest roads and trails by the ,forest ,service as authorized by #af ,u4,s4,c4 #ecb-ech and #bc ,u4,s4,c4 #aja and #bje3 ,provided1 ,that funds becoming available in fiscal year #bjba under the ,act of ,march #d1 #aiac 7#af ,u4,s4,c4 #eja7 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 appropriated4 ,,land ,,acquisition 7,,rescission ,,of ,,funds7 ,of the unobligated balances from amounts made available for ,land ,acquisition and derived from the ,land and ,water ,conservation ,fund1 #e1fai1jjj is hereby permanently rescinded from projects with cost savings or failed or partially failed projects3 ,provided1 ,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 #aihe4 ,,acquisition ,,of ,,lands ,,for ,,national ,,forests ,,special ,,acts ,for acquisition of lands within the exterior boundaries of the ,cache1 ,uinta1 and ,wasatch ,national ,forests1 ,utah2 the ,toiyabe ,national ,forest1 ,nevada2 and the ,angeles1 ,san ,bernardino1 ,sequoia1 and ,cleveland ,national ,forests1 ,california2 and the ,ozark-,st4 ,francis and ,ouachita ,national ,forests1 ,arkansas2 as authorized by law1 #ffd1jjj1 to be derived from forest receipts4 ,,acquisition ,,of ,,lands ,,to ,,complete ,,land ,,exchanges ,for acquisition of lands1 such sums1 to be derived from funds deposited by ,state1 county1 or municipal governments1 public school districts1 or other public school authorities1 and for authorized expenditures from funds deposited by non-,federal parties pursuant to ,land ,sale and ,exchange ,acts1 pursuant to the ,act of ,december #d1 #aifg 7#af ,u4,s4,c4 #dhd;a71 to remain available through ,september #cj1 #bjbd1 7#af ,u4,s4,c4 #eaf-fag;a1 #eee;a2 ,public ,law #if-ehf2 ,public ,law #gf-ehi1 #gf-eia2 and ,public ,law #gh-caj74 ,,range ,,betterment ,,fund ,for necessary expenses of range rehabilitation1 protection1 and improvement1 #ej percent of all moneys received during the prior fiscal year1 as fees for grazing domestic livestock on lands in ,national ,forests in the #af ,western ,states1 pursuant to section #dja7;b77#a7 of ,public ,law #id-egi1 to remain available through ,september #cj1 #bjbd1 of which not to exceed #f percent shall be available for administrative expenses associated with on-the-ground range rehabilitation1 protection1 and improvements4 ,,gifts1 ,,donations ,,and ,,bequests ,,for ,,forest ,,and ,,rangeland ,,research ,for expenses authorized by #af ,u4,s4,c4 #afdc7;b71 #de1jjj1 to remain available through ,september #cj1 #bjbd1 to be derived from the fund established pursuant to the above ,act4 ,,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 7#af ,u4,s4,c4 #caaa et seq471 #a1jii1jjj1 to remain available through ,september #cj1 #bjbd4 ,,wildland ,,fire ,,management 7,,including ,,transfers ,,of ,,funds7 ,for necessary expenses for forest fire presuppression activities on ,national ,forest ,system lands1 for emergency wildland fire suppression on or adjacent to such lands or other lands under fire protection agreement1 and for emergency rehabilitation of burned-over ,national ,forest ,system lands and water1 #a1ibg1bda1jjj1 to remain available until expended3 ,provided1 ,that such funds including unobligated balances under this heading1 are available for repayment of advances from other appropriations accounts previously transferred for such purposes3 ,provided further1 ,that any unobligated funds appropriated in a previous fiscal year for hazardous fuels management may be transferred to the ,national ,forest ,system account3 ,provided further1 ,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 agency3 ,provided further1 ,that funds provided shall be available for support to ,federal emergency response3 ,provided further1 ,that the costs of implementing any cooperative agreement between the ,federal ,government and any non-,federal entity may be shared1 as mutually agreed on by the affected parties3 ,provided further1 ,that of the funds provided under this heading1 #a1jaa1jjj1jjj shall be available for wildfire suppression operations1 and is provided to the meet the terms of section #bea7;b77#b77;,f77ii77,i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 as amended4 ,,wildfire ,,suppression ,,operations ,,reserve ,,fund 7,,including ,,transfers ,,of ,,funds7 ,in addition to the amounts provided under the heading ,department of ,agriculture--,forest ,service--,wildland ,fire ,management for wildfire suppression operations1 #b1jdj1jjj1jjj1 to remain available until transferred1 is additional new budget authority as specified for purposes of section #bea7;b77#b77;,f7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe3 ,provided1 ,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 transferred3 ,provided further1 ,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 #cj days3 ,provided further1 ,that the transfer authority provided under this heading is in addition to any other transfer authority provided by law3 ,provided further1 ,that1 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 #cj days pursuant to the previous proviso1 any funds transferred or permitted to be transferred pursuant to any other transfer authority provided by law shall be excluded4 ,,communications ,,site ,,administration 7,,including ,,transfer ,,of ,,funds7 ,amounts collected in this fiscal year pursuant to section #hgje7;f77#b7 of the ,agriculture ,improvement ,act of #bjah 7,public ,law #aae-ccd71 shall be deposited in the special account established by section #hgje7;f77#a7 of such ,act1 shall be available to cover the costs described in subsection 7c77#c7 of such section of such ,act1 and shall remain available until expended3 ,provided1 ,that such amounts shall be transferred to the ,national ,forest ,system account4 ,,administrative ,,provisions--,,forest ,,service 7,,including ,,transfers ,,of ,,funds7 ,appropriations to the ,forest ,service for the current fiscal year shall be available for3 7#a7 purchase of passenger motor vehicles2 acquisition of passenger motor vehicles from excess sources1 and hire of such vehicles2 purchase1 lease1 operation1 maintenance1 and acquisition of aircraft to maintain the operable fleet for use in ,forest ,service wildland fire programs and other ,forest ,service programs2 notwithstanding other provisions of law1 existing aircraft being replaced may be sold1 with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft2 7#b7 services pursuant to #g ,u4,s4,c4 #bbbe1 and not to exceed #ajj1jjj for employment under #e ,u4,s4,c4 #caji2 7#c7 purchase1 erection1 and alteration of buildings and other public improvements 7#g ,u4,s4,c4 #bbej72 7#d7 acquisition of land1 waters1 and interests therein pursuant to #g ,u4,s4,c4 #dbh;a2 7#e7 for expenses pursuant to the ,volunteers in the ,national ,forest ,act of #aigb 7#af ,u4,s4,c4 #eeh;a1 #eeh;d1 and #eeh;a note72 7#f7 the cost of uniforms as authorized by #e ,u4,s4,c4 #eija-eijb2 and 7#g7 for debt collection contracts in accordance with #ca ,u4,s4,c4 #cgah7;c74 ,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 #dce of division ,d of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id73 ,provided1 ,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 percent3 ,provided further1 ,that such transfer authority is in addition to any other transfer authority provided by law4 ,any appropriations or funds available to the ,forest ,service may be transferred to the ,wildland ,fire ,management appropriation for forest firefighting1 emergency rehabilitation of burned-over or damaged lands or waters under its jurisdiction1 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 #cj days3 ,provided1 ,that all funds used pursuant to this paragraph must be replenished by a supplemental appropriation which must be requested as promptly as possible4 ,not more than #ej1jjj1jjj of funds appropriated to the ,forest ,service shall be available for expenditure or transfer to the ,department of the ,interior for wildland fire management1 hazardous fuels management1 and ,state fire assistance when such transfers would facilitate and expedite wildland fire management programs and projects4 ,notwithstanding any other provision of this ,act1 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 ,account1 or reprogram funds to be used for the purposes of hazardous fuels management and urgent rehabilitation of burned-over ,national ,forest ,system lands and water1 such transferred funds shall remain available through ,september #cj1 #bjbd3 ,provided1 ,that none of the funds transferred 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 ,congress4 ,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 research1 technical information1 and assistance in foreign countries1 and shall be available to support forestry and related natural resource activities outside the ,united ,states and its territories and possessions1 including technical assistance1 education and training1 and cooperation with ,u4,s41 private1 and international organizations4 ,the ,forest ,service1 acting for the ,international ,program1 may sign direct funding agreements with foreign governments and institutions as well as other domestic agencies 7including the ,u4,s4 ,agency for ,international ,development1 the ,department of ,state1 and the ,millennium ,challenge ,corporation71 ,u4,s4 private sector firms1 institutions and organizations to provide technical assistance and training programs overseas on forestry and rangeland management4 ,funds appropriated to the ,forest ,service shall be available for expenditure or transfer to the ,department of the ,interior1 ,bureau of ,land ,management1 for removal1 preparation1 and adoption of excess wild horses and burros from ,national ,forest ,system lands1 and for the performance of cadastral surveys to designate the boundaries of such lands4 ,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 #gjb7;b7 of the ,department of ,agriculture ,organic ,act of #aidd 7#g ,u4,s4,c4 #bbeg71 section #ddb of ,public ,law #ajf-bbd 7#g ,u4,s4,c4 #gggb71 or section #ajdag7;b7 of ,public ,law #ajg-aga 7#g ,u4,s4,c4 #hcaf7;b774 ,not more than #hb1jjj1jjj of funds available to the ,forest ,service shall be transferred to the ,working ,capital ,fund of the ,department of ,agriculture and not more than #ad1ejj1jjj of funds available to the ,forest ,service shall be transferred to the ,department of ,agriculture for ,department ,reimbursable ,programs1 commonly referred to as ,greenbook charges4 ,nothing in this paragraph shall prohibit or limit the use of reimbursable agreements requested by the ,forest ,service in order to obtain information technology services1 including telecommunications and system modifications or enhancements1 from the ,working ,capital ,fund of the ,department of ,agriculture4 ,of the funds available to the ,forest ,service1 up to #e1jjj1jjj shall be available for priority projects within the scope of the approved budget1 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 #aiic 7#af ,u4,s4,c4 #agba et seq474 ,of the funds available to the ,forest ,service1 #d1jjj is available to the ,chief of the ,forest ,service for official reception and representation expenses4 ,pursuant to sections #dje7;b7 and #daj7;b7 of ,public ,law #aja-eic1 of the funds available to the ,forest ,service1 up to #c1jjj1jjj may be advanced in a lump sum to the ,national ,forest ,foundation to aid conservation partnership projects in support of the ,forest ,service mission1 without regard to when the ,foundation incurs expenses1 for projects on or benefitting ,national ,forest ,system lands or related to ,forest ,service programs3 ,provided1 ,that of the ,federal funds made available to the ,foundation1 no more than #cjj1jjj shall be available for administrative expenses3 ,provided further1 ,that the ,foundation shall obtain1 by the end of the period of ,federal financial assistance1 private contributions to match funds made available by the ,forest ,service on at least a one-for-one basis3 ,provided further1 ,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 funds4 ,pursuant to section #b7;b77#b7 of ,public ,law #ih-bdd1 up to #c1jjj1jjj 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 projects1 without regard to when expenses are incurred1 on or benefitting ,national ,forest ,system lands or related to ,forest ,service programs3 ,provided1 ,that such funds shall be matched on at least a one-for-one basis by the ,foundation or its sub-recipients3 ,provided further1 ,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 funds4 ,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 purposes4 ,funds appropriated to the ,forest ,service shall be available for payments to counties within the ,columbia ,river ,gorge ,national ,scenic ,area1 pursuant to section #ad7;c77#a7 and 7#b71 and section #af7;a77#b7 of ,public ,law #ii-ffc4 ,any funds appropriated to the ,forest ,service may be used to meet the non-,federal share requirement in section #ejb7;c7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjef7;c77#b774 ,the ,forest ,service shall not assess funds for the purpose of performing fire1 administrative1 and other facilities maintenance and decommissioning4 ,notwithstanding any other provision of law1 of any appropriations or funds available to the ,forest ,service1 not to exceed #ejj1jjj may be used to reimburse the ,office of the ,general ,counsel 7,,ogc71 ,department of ,agriculture1 for travel and related expenses incurred as a result of ,,ogc assistance or participation requested by the ,forest ,service at meetings1 training sessions1 management reviews1 land purchase negotiations1 and similar matters unrelated to civil litigation4 ,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 transfer4 ,an eligible individual who is employed in any project funded under title ,v of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjef et seq47 and administered by the ,forest ,service shall be considered to be a ,federal employee for purposes of chapter #aga of title #bh1 ,united ,states ,code4 ,,department ,,of ,,health ,,and ,,human ,,services ,indian ,health ,service ,,indian ,,health ,,services ,for expenses necessary to carry out the ,act of ,august #e1 #aied 7#fh ,stat4 #fgd71 the ,indian ,self-,determination and ,education ,assistance ,act1 the ,indian ,health ,care ,improvement ,act1 and titles ,,ii and ,,iii of the ,public ,health ,service ,act with respect to the ,indian ,health ,service1 #d1cja1cia1jjj to remain available until ,september #cj1 #bjbb1 except as otherwise provided herein1 together with payments received during the fiscal year pursuant to sections #bca7;b7 and #bcc of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bch7;b7 and #bch;b71 for services furnished by the ,indian ,health ,service3 ,provided1 ,that funds made available to tribes and tribal organizations through contracts1 grant agreements1 or any other agreements or compacts authorized by the ,indian ,self-,determination and ,education ,assistance ,act of #aige 7#be ,u4,s4,c4 #dej71 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 limitation3 ,provided further1 ,that #b1ejj1jjj shall be available for grants or contracts with public or private institutions to provide alcohol or drug treatment services to ,indians1 including alcohol detoxification services3 ,provided further1 ,that #ige1hef1jjj for ,purchased_/,referred ,care1 including #ec1jjj1jjj for the ,indian ,catastrophic ,health ,emergency ,fund1 shall remain available until expended3 ,provided further1 ,that of the funds provided1 up to #da1jjj1jjj shall remain available until expended for implementation of the loan repayment program under section #ajh of the ,indian ,health ,care ,improvement ,act3 ,provided further1 ,that of the funds provided1 #eh1jjj1jjj shall be for costs related to or resulting from accreditation emergencies1 including supplementing activities funded under the heading ,indian ,health ,facilities1 of which up to #d1jjj1jjj may be used to supplement amounts otherwise available for ,purchased_/,referred ,care3 ,provided further1 ,that the amounts collected by the ,federal ,government as authorized by sections #ajd and #ajh of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afac;a and #afaf;a7 during the preceding fiscal year for breach of contracts shall be deposited in the ,fund authorized by section #ajh;,a of that ,act 7#be ,u4,s4,c4 #afaf;a-#a7 and shall remain available until expended and1 notwithstanding section #ajh;,a7c7 of that ,act 7#be ,u4,s4,c4 #afaf;a-#a7;c771 funds shall be available to make new awards under the loan repayment and scholarship programs under sections #ajd and #ajh of that ,act 7#be ,u4,s4,c4 #afac;a and #afaf;a73 ,provided further1 ,that the amounts made available within this account for the ,substance ,abuse and ,suicide ,prevention ,program1 for ,opioid ,prevention1 ,treatment and ,recovery ,services1 for the ,domestic ,violence ,prevention ,program1 for the ,zero ,suicide ,initiative1 for the housing subsidy authority for civilian employees1 for ,aftercare ,pilot ,programs at ,youth ,regional ,treatment ,centers1 for transformation and modernization costs of the ,indian ,health ,service ,electronic ,health ,record system1 for national quality and oversight activities1 to improve collections from public and private insurance at ,indian ,health ,service and tribally operated facilities1 for an initiative to treat or reduce the transmission of ,,hiv and ,,hcv1 for a maternal health initiative1 for the ,telebehaviorial ,health ,center of ,excellence1 for ,alzheimer's grants1 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 expended3 ,provided further1 ,that funds provided in this ,act may be used for annual contracts and grants that fall within #b fiscal years1 provided the total obligation is recorded in the year the funds are appropriated3 ,provided further1 ,that the amounts collected by the ,secretary of ,health and ,human ,services under the authority of title ,,iv of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afac7 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 ,act1 except for those related to the planning1 design1 or construction of new facilities3 ,provided further1 ,that funding contained herein for scholarship programs under the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afac7 shall remain available until expended3 ,provided further1 ,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 expended3 ,provided further1 ,that the ,bureau of ,indian ,affairs may collect from the ,indian ,health ,service1 and from tribes and tribal organizations operating health facilities pursuant to ,public ,law #ic-fch1 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 7#bj ,u4,s4,c4 #adjj et seq473 ,provided further1 ,that of the funds provided1 #gb1bhj1jjj is for the ,indian ,health ,care ,improvement ,fund and may be used1 as needed1 to carry out activities typically funded under the ,indian ,health ,facilities account3 ,provided further1 ,that none of the funds appropriated by this ,act1 or any other ,act1 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 system1 unless the ,committees on ,appropriations of the ,house of ,representatives and the ,senate are consulted #ij days in advance of such obligation3 ,provided further1 ,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 #d 7in the matter preceding division ,a of this consolidated ,act74 ,,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 #bjba1 such sums as may be necessary3 ,provided1 ,that notwithstanding any other provision of law1 no amounts made available under this heading shall be available for transfer to another budget account3 ,provided further1 ,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 years4 ,,payments ,,for ,,tribal ,,leases ,for payments to tribes and tribal organizations for leases pursuant to section #aje7l7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecbd7l77 for fiscal year #bjba1 such sums as may be necessary1 which shall be available for obligation through ,september #cj1 #bjbb3 ,provided1 ,that notwithstanding any other provision of law1 no amounts made available under this heading shall be available for transfer to another budget account4 ,,indian ,,health ,,facilities ,for construction1 repair1 maintenance1 demolition1 improvement1 and equipment of health and related auxiliary facilities1 including quarters for personnel2 preparation of plans1 specifications1 and drawings2 acquisition of sites1 purchase and erection of modular buildings1 and purchases of trailers2 and for provision of domestic and community sanitation facilities for ,indians1 as authorized by section #g of the ,act of ,august #e1 #aied 7#db ,u4,s4,c4 #bjjd;a71 the ,indian ,self-,determination ,act1 and the ,indian ,health ,care ,improvement ,act1 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 ,service1 #iag1hhh1jjj to remain available until expended3 ,provided1 ,that notwithstanding any other provision of law1 funds appropriated for the planning1 design1 construction1 renovation1 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 located3 ,provided further1 ,that not to exceed #ejj1jjj 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 facilities3 ,provided further1 ,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 ,development4 ,,administrative ,,provisions--,,indian ,,health ,,service ,appropriations provided in this ,act to the ,indian ,health ,service shall be available for services as authorized by #e ,u4,s4,c4 #caji at rates not to exceed the per diem rate equivalent to the maximum rate payable for senior-level positions under #e ,u4,s4,c4 #ecgf2 hire of passenger motor vehicles and aircraft2 purchase of medical equipment2 purchase of reprints2 purchase1 renovation1 and erection of modular buildings and renovation of existing facilities2 payments for telephone service in private residences in the field1 when authorized under regulations approved by the ,secretary of ,health and ,human ,services2 uniforms1 or allowances therefor as authorized by #e ,u4,s4,c4 #eija-eijb2 and for expenses of attendance at meetings that relate to the functions or activities of the ,indian ,health ,service3 ,provided1 ,that in accordance with the provisions of the ,indian ,health ,care ,improvement ,act1 non-,indian patients may be extended health care at all tribally administered or ,indian ,health ,service facilities1 subject to charges1 and the proceeds along with funds recovered under the ,federal ,medical ,care ,recovery ,act 7#db ,u4,s4,c4 #bfea-bfec7 shall be credited to the account of the facility providing the service and shall be available without fiscal year limitation3 ,provided further1 ,that notwithstanding any other law or regulation1 funds transferred from the ,department of ,housing and ,urban ,development to the ,indian ,health ,service shall be administered under ,public ,law #hf-aba1 the ,indian ,sanitation ,facilities ,act and ,public ,law #ic-fch3 ,provided further1 ,that funds appropriated to the ,indian ,health ,service in this ,act1 except those used for administrative and program direction purposes1 shall not be subject to limitations directed at curtailing ,federal travel and transportation3 ,provided further1 ,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 ,act1 or approved by the ,house and ,senate ,committees on ,appropriations through the reprogramming process3 ,provided further1 ,that notwithstanding any other provision of law1 funds previously or herein made available to a tribe or tribal organization through a contract1 grant1 or agreement authorized by title ,i or title ,v of the ,indian ,self-,determination and ,education ,assistance ,act of #aige 7#be ,u4,s4,c4 #dej et seq471 may be deobligated and reobligated to a self-determination contract under title ,i1 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 limitation3 ,provided further1 ,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 #af1 #aihg1 by the ,department of ,health and ,human ,services1 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 rule1 and such request has been included in an appropriations ,act and enacted into law3 ,provided further1 ,that with respect to functions transferred by the ,indian ,health ,service to tribes or tribal organizations1 the ,indian ,health ,service is authorized to provide goods and services to those entities on a reimbursable basis1 including payments in advance with subsequent adjustment1 and the reimbursements received therefrom1 along with the funds received from those entities pursuant to the ,indian ,self-,determination ,act1 may be credited to the same or subsequent appropriation account from which the funds were originally derived1 with such amounts to remain available until expended3 ,provided further1 ,that reimbursements for training1 technical assistance1 or services provided by the ,indian ,health ,service will contain total costs1 including direct1 administrative1 and overhead costs associated with the provision of goods1 services1 or technical assistance3 ,provided further1 ,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 hospitals3 ,provided further1 ,that the appropriation structure for the ,indian ,health ,service may not be altered without advance notification to the ,house and ,senate ,committees on ,appropriations4 ,national ,institutes of ,health ,,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 #caa7;a7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #iffj7;a77 and section #abf7;g7 of the ,superfund ,amendments and ,reauthorization ,act of #aihf1 #ha1ejj1jjj4 ,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 7,,atsdr7 in carrying out activities set forth in sections #ajd7;i7 and #aaa7;c77#d7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7,,cercla7 and section #cjai of the ,solid ,waste ,disposal ,act1 #gh1jjj1jjj3 ,provided1 ,that notwithstanding any other provision of law1 in lieu of performing a health assessment under section #ajd7;i77#f7 of ,,cercla1 the ,administrator of ,,atsdr may conduct other appropriate health studies1 evaluations1 or activities1 including1 without limitation1 biomedical testing1 clinical evaluations1 medical monitoring1 and referral to accredited healthcare providers3 ,provided further1 ,that in performing any such health assessment or health study1 evaluation1 or activity1 the ,administrator of ,,atsdr shall not be bound by the deadlines in section #ajd7;i77#f77;,a7 of ,,cercla3 ,provided further1 ,that none of the funds appropriated under this heading shall be available for ,,atsdr to issue in excess of #dj toxicological profiles pursuant to section #ajd7;i7 of ,,cercla during fiscal year #bjba1 and existing profiles may be updated as necessary4 ,,other ,,related ,,agencies ,executive ,office of the ,president ,,council ,,on ,,environmental ,,quality ,,and ,,office ,,of ,,environmental ,,quality ,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 #aifi1 the ,environmental ,quality ,improvement ,act of #aigj1 and ,reorganization ,plan ,no4 #a of #aigg1 and not to exceed #gej for official reception and representation expenses1 #c1ejj1jjj3 ,provided1 ,that notwithstanding section #bjb of the ,national ,environmental ,policy ,act of #aigj1 the ,council shall consist of one member1 appointed by the ,president1 by and with the advice and consent of the ,senate1 serving as chairman and exercising all powers1 functions1 and duties of the ,council4 ,chemical ,safety and ,hazard ,investigation ,board ,,salaries ,,and ,,expenses ,for necessary expenses in carrying out activities pursuant to section #aab7r77#f7 of the ,clean ,air ,act1 including hire of passenger vehicles1 uniforms or allowances therefor1 as authorized by #e ,u4,s4,c4 #eija-eijb1 and for services authorized by #e ,u4,s4,c4 #caji but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under #e ,u4,s4,c4 #ecgf1 #ab1jjj1jjj3 ,provided1 ,that the ,chemical ,safety and ,hazard ,investigation ,board 7,board7 shall have not more than three career ,senior ,executive ,service positions3 ,provided further1 ,that notwithstanding any other provision of law1 the individual appointed to the position of ,inspector ,general of the ,environmental ,protection ,agency 7,,epa7 shall1 by virtue of such appointment1 also hold the position of ,inspector ,general of the ,board3 ,provided further1 ,that notwithstanding any other provision of law1 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 ,board1 and shall not appoint any individuals to positions within the ,board4 ,office of ,navajo and ,hopi ,indian ,relocation ,,salaries ,,and ,,expenses ,for necessary expenses of the ,office of ,navajo and ,hopi ,indian ,relocation as authorized by ,public ,law #ic-eca1 #d1jjj1jjj1 to remain available until expended3 ,provided1 ,that funds provided in this or any other appropriations ,act are to be used to relocate eligible individuals and groups including evictees from ,district #f1 ,hopi-partitioned lands residents1 those in significantly substandard housing1 and all others certified as eligible and not included in the preceding categories3 ,provided further1 ,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 who1 as of ,november #cj1 #aihe1 was physically domiciled on the lands partitioned to the ,hopi ,tribe unless a new or replacement home is provided for such household3 ,provided further1 ,that no relocatee will be provided with more than one new or replacement home3 ,provided further1 ,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 #aa of ,public ,law #ic-eca 7#hh ,stat4 #agaf74 ,institute of ,american ,indian and ,alaska ,native ,culture and ,arts ,development ,,payment ,,to ,,the ,,institute ,for payment to the ,institute of ,american ,indian and ,alaska ,native ,culture and ,arts ,development1 as authorized by part ,a of title ,,xv of ,public ,law #ii-dih 7#bj ,u4,s4,c4 #ddaa et seq471 #aj1ggb1jjj1 which shall become available on ,july #a1 #bjba1 and shall remain available until ,september #cj1 #bjbb4 ,smithsonian ,institution ,,salaries ,,and ,,expenses ,for necessary expenses of the ,smithsonian ,institution1 as authorized by law1 including research in the fields of art1 science1 and history2 development1 preservation1 and documentation of the ,national ,collections2 presentation of public exhibits and performances2 collection1 preparation1 dissemination1 and exchange of information and publications2 conduct of education1 training1 and museum assistance programs2 maintenance1 alteration1 operation1 lease agreements of no more than #cj years1 and protection of buildings1 facilities1 and approaches2 not to exceed #ajj1jjj for services as authorized by #e ,u4,s4,c4 #caji2 and purchase1 rental1 repair1 and cleaning of uniforms for employees1 #hah1aib1jjj1 to remain available until ,september #cj1 #bjbb1 except as otherwise provided herein2 of which not to exceed #f1ieg1jjj for the instrumentation program1 collections acquisition1 exhibition reinstallation1 and the repatriation of skeletal remains program shall remain available until expended2 and including such funds as may be necessary to support ,american overseas research centers3 ,provided1 ,that funds appropriated herein are available for advance payments to independent contractors performing research services or participating in official ,smithsonian presentations3 ,provided further1 ,that the ,smithsonian ,institution may expend ,federal appropriations designated in this ,act for lease or rent payments1 as rent payable to the ,smithsonian ,institution1 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 #fjj ,maryland ,avenue1 ,,sw1 ,washington1 ,,dc1 to the extent that federally supported activities will be housed there3 ,provided further1 ,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 for1 a ,federal guarantee of1 a transfer of risk to1 or an obligation of the ,federal ,government3 ,provided further1 ,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 #fjj ,maryland ,avenue1 ,,sw1 ,washington1 ,,dc1 or of planning1 designing1 and constructing improvements to such building3 ,provided further1 ,that any agreement entered into by the ,smithsonian ,institution for the sale of its ownership interest1 or any portion thereof1 in such building so acquired may not take effect until the expiration of a #cj 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 ,senate1 the ,committees on ,house ,administration and ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,rules and ,administration of the ,senate a report1 as outlined in the explanatory statement described in section #d of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id2 #acc ,stat4 #becf7 on the intended sale4 ,,facilities ,,capital ,for necessary expenses of repair1 revitalization1 and alteration of facilities owned or occupied by the ,smithsonian ,institution1 by contract or otherwise1 as authorized by section #b of the ,act of ,august #bb1 #aidi 7#fc ,stat4 #fbc71 and for construction1 including necessary personnel1 #bad1ecj1jjj1 to remain available until expended1 of which not to exceed #aj1jjj shall be for services as authorized by #e ,u4,s4,c4 #caji4 ,national ,gallery of ,art ,,salaries ,,and ,,expenses ,for the upkeep and operations of the ,national ,gallery of ,art1 the protection and care of the works of art therein1 and administrative expenses incident thereto1 as authorized by the ,act of ,march #bd1 #aicg 7#ej ,stat4 #ea71 as amended by the public resolution of ,april #ac1 #aici 7,public ,resolution #i1 #gfth ,congress71 including services as authorized by #e ,u4,s4,c4 #caji2 payment in advance when authorized by the treasurer of the ,gallery for membership in library1 museum1 and art associations or societies whose publications or services are available to members only1 or to members at a price lower than to the general public2 purchase1 repair1 and cleaning of uniforms for guards1 and uniforms1 or allowances therefor1 for other employees as authorized by law 7#e ,u4,s4,c4 #eija-eijb72 purchase or rental of devices and services for protecting buildings and contents thereof1 and maintenance1 alteration1 improvement1 and repair of buildings1 approaches1 and grounds2 and purchase of services for restoration and repair of works of art for the ,national ,gallery of ,art by contracts made1 without advertising1 with individuals1 firms1 or organizations at such rates or prices and under such terms and conditions as the ,gallery may deem proper1 #aec1bdb1jjj1 to remain available until ,september #cj1 #bjbb1 of which not to exceed #c1gjj1jjj for the special exhibition program shall remain available until expended4 ,,repair1 ,,restoration ,,and ,,renovation ,,of ,,buildings ,for necessary expenses of repair1 restoration1 and renovation of buildings1 grounds and facilities owned or occupied by the ,national ,gallery of ,art1 by contract or otherwise1 for operating lease agreements of no more than #aj years1 with no extensions or renewals beyond the #aj years1 that address space needs created by the ongoing renovations in the ,master ,facilities ,plan1 as authorized1 #bc1bjc1jjj1 to remain available until expended3 ,provided1 ,that of this amount1 #a1eaj1jjj shall be available for design of an off-site art storage facility in partnership with the ,smithsonian ,institution3 ,provided further1 ,that contracts awarded for environmental systems1 protection systems1 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 price4 ,john ,f4 ,kennedy ,center for the ,performing ,arts ,,operations ,,and ,,maintenance ,for necessary expenses for the operation1 maintenance1 and security of the ,john ,f4 ,kennedy ,center for the ,performing ,arts1 #bf1djj1jjj1 to remain available until ,september1 #cj1 #bjbb4 ,,capital ,,repair ,,and ,,restoration ,for necessary expenses for capital repair and restoration of the existing features of the building and site of the ,john ,f4 ,kennedy ,center for the ,performing ,arts1 #ad1jjj1jjj1 to remain available until expended4 ,woodrow ,wilson ,international ,center for ,scholars ,,salaries ,,and ,,expenses ,for expenses necessary in carrying out the provisions of the ,woodrow ,wilson ,memorial ,act of #aifh 7#hb ,stat4 #acef7 including hire of passenger vehicles and services as authorized by #e ,u4,s4,c4 #caji1 #ad1jjj1jjj1 to remain available until ,september #cj1 #bjbb4 ,national ,foundation on the ,arts and the ,humanities ,national ,endowment for the ,arts ,,grants ,,and ,,administration ,for necessary expenses to carry out the ,national ,foundation on the ,arts and the ,humanities ,act of #aife1 #afg1ejj1jjj shall be available to the ,national ,endowment for the ,arts for the support of projects and productions in the arts1 including arts education and public outreach activities1 through assistance to organizations and individuals pursuant to section #e of the ,act1 for program support1 and for administering the functions of the ,act1 to remain available until expended4 ,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 #aife1 #afg1ejj1jjj to remain available until expended1 of which #aeb1ejj1jjj shall be available for support of activities in the humanities1 pursuant to section #g7;c7 of the ,act and for administering the functions of the ,act2 and #ae1jjj1jjj shall be available to carry out the matching grants program pursuant to section #aj7;a77#b7 of the ,act1 including #ac1jjj1jjj for the purposes of section #g7;h73 ,provided1 ,that appropriations for carrying out section #aj7;a77#b7 shall be available for obligation only in such amounts as may be equal to the total amounts of gifts1 bequests1 devises of money1 and other property accepted by the chairman or by grantees of the ,national ,endowment for the ,humanities under the provisions of sections #aa7;a77#b77;,b7 and #aa7;a77#c77;,b7 during the current and preceding fiscal years for which equal amounts have not previously been appropriated4 ,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 #ah ,u4,s4,c4 #aiac3 ,provided1 ,that none of the funds appropriated to the ,national ,foundation on the ,arts and the ,humanities may be used for official reception and representation expenses3 ,provided further1 ,that funds from nonappropriated sources may be used as necessary for official reception and representation expenses3 ,provided further1 ,that the ,chairperson of the ,national ,endowment for the ,arts may approve grants of up to #aj1jjj1 if in the aggregate the amount of such grants does not exceed #e percent of the sums appropriated for grantmaking purposes per year3 ,provided further1 ,that such small 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 ,chairperson4 ,commission of ,fine ,arts ,,salaries ,,and ,,expenses ,for expenses of the ,commission of ,fine ,arts under chapter #ia of title #dj1 ,united ,states ,code1 #c1bdj1jjj3 ,provided1 ,that the ,commission is authorized to charge fees to cover the full costs of its publications1 and such fees shall be credited to this account as an offsetting collection1 to remain available until expended without further appropriation3 ,provided further1 ,that the ,commission is authorized to accept gifts1 including objects1 papers1 artwork1 drawings and artifacts1 that pertain to the history and design of the ,nation's ,capital or the history and activities of the ,commission of ,fine ,arts1 for the purpose of artistic display1 study1 or education3 ,provided further1 ,that one-tenth of one percent of the funds provided under this heading may be used for official reception and representation expenses4 ,,national ,,capital ,,arts ,,and ,,cultural ,,affairs ,for necessary expenses as authorized by ,public ,law #ii-aij 7#bj ,u4,s4,c4 #ief;a71 #e1jjj1jjj4 ,advisory ,council on ,historic ,preservation ,,salaries ,,and ,,expenses ,for necessary expenses of the ,advisory ,council on ,historic ,preservation 7,public ,law #hi-ffe71 #g1djj1jjj4 ,national ,capital ,planning ,commission ,,salaries ,,and ,,expenses ,for necessary expenses of the ,national ,capital ,planning ,commission under chapter #hg of title #dj1 ,united ,states ,code1 including services as authorized by #e ,u4,s4,c4 #caji1 #h1abd1jjj3 ,provided1 ,that one-quarter of #a 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 capitals4 ,united ,states ,holocaust ,memorial ,museum ,,holocaust ,,memorial ,,museum ,for expenses of the ,holocaust ,memorial ,museum1 as authorized by ,public ,law #ajf-bib 7#cf ,u4,s4,c4 #bcja-bcaj71 #fa1chh1jjj1 of which #gae1jjj shall remain available until ,september #cj1 #bjbc1 for the ,museum's equipment replacement program2 and of which #c1jjj1jjj for the ,museum's repair and rehabilitation program and #a1bfd1jjj for the ,museum's outreach initiatives program shall remain available until expended4 ,presidio trust ,the ,presidio ,trust is authorized to issue obligations to the ,secretary of the ,treasury pursuant to section #ajd7;d77#c7 of the ,omnibus ,parks and ,public ,lands ,management ,act of #aiif 7,public ,law #ajd-ccc71 in an amount not to exceed #bj1jjj1jjj4 ,dwight ,d4 ,eisenhower ,memorial ,commission ,,salaries ,,and ,,expenses ,for necessary expenses of the ,dwight ,d4 ,eisenhower ,memorial ,commission1 #a1jjj1jjj1 to remain available until expended4 ,,world ,,war ,i ,,centennial ,,commission ,,salaries ,,and ,,expenses ,notwithstanding section #i of the ,world ,war ,i ,centennial ,commission ,act1 as authorized by the ,world ,war ,i ,centennial ,commission ,act 7,public ,law #aab-bgb7 and the ,carl ,levin and ,howard ,p4 ,buck ,mc,keon ,national ,defense ,authorization ,act for ,fiscal ,year #bjae 7,public ,law #aac-bia71 for necessary expenses of the ,world ,war ,i ,centennial ,commission1 #g1jjj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that in addition to the authority provided by section #f7;g7 of such ,act1 the ,world ,war ,i ,commission may accept money1 in-kind personnel services1 contractual support1 or any appropriate support from any executive branch agency for activities of the ,commission4 ,,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 7referred to in this paragraph as the ,commission71 #ejj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that in addition to the authority provided by section #c7;g77#e7 and #c7;h7 of ,public ,law #aad-bdd1 the ,commission may hereafter accept in-kind personnel services1 contractual support1 or any appropriate support from any executive branch agency for activities of the ,commission4 ,,iv ,general provisions 7including transfers of funds7 restriction on use of funds #dja4 ,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 #ah ,u4,s4,c4 #aiac4 ,,obligation ,,of ,,appropriations #djb4 ,no part of any appropriation contained in this ,act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein4 ,,disclosure ,,of ,,administrative ,,expenses #djc4 ,the amount and basis of estimated overhead charges1 deductions1 reserves1 or holdbacks1 including working capital fund and cost pool charges1 from programs1 projects1 activities and subactivities to support government-wide1 departmental1 agency1 or bureau administrative functions or headquarters1 regional1 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 ,senate4 ,changes to such estimates shall be presented to the ,committees on ,appropriations for approval4 ,,mining ,,applications #djd4 7a7 ,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 laws4 7b7 ,exceptions ,subsection 7a7 shall not apply if the ,secretary of the ,interior determines that1 for the claim concerned3 7#a7 a patent application was filed with the ,secretary on or before ,september #cj1 #aiid2 and 7#b7 all requirements established under sections #bcbe and #bcbf of the ,revised ,statutes 7#cj ,u4,s4,c4 #bi and #cj7 for vein or lode claims1 sections #bcbi1 #bccj1 #bcca1 and #bccc of the ,revised ,statutes 7#cj ,u4,s4,c4 #ce1 #cf1 and #cg7 for placer claims1 and section #bccg of the ,revised ,statutes 7#cj ,u4,s4,c4 #db7 for mill site claims1 as the case may be1 were fully complied with by the applicant by that date4 7c7 ,report ,on ,september #cj1 #bjbb1 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 #cad7;c7 of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiig 7,public ,law #ajd-bjh74 7d7 ,mineral examinations ,in order to process patent applications in a timely and responsible manner1 upon the request of a patent applicant1 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 7b74 ,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 contractors4 ,,contract ,,support ,,costs1 ,,prior ,,year ,,limitation #dje4 ,sections #dje and #djf of division ,f of the ,consolidated and ,further ,continuing ,appropriations ,act1 #bjae 7,public ,law #aac-bce7 shall continue in effect in fiscal year #bjba4 ,,contract ,,support ,,costs1 ,,fiscal ,,year #bjba ,,limitation #djf4 ,amounts provided by this ,act for fiscal year #bjba under the headings ,department of ,health and ,human ,services1 ,indian ,health ,service1 ,contract ,support ,costs and ,department of the ,interior1 ,bureau of ,indian ,affairs and ,bureau of ,indian ,education1 ,contract ,support ,costs are the only amounts available for contract support costs arising out of self-determination or self-governance contracts1 grants1 compacts1 or annual funding agreements for fiscal year #bjba with the ,bureau of ,indian ,affairs1 ,bureau of ,indian ,education1 and the ,indian ,health ,service3 ,provided1 ,that such amounts provided by this ,act are not available for payment of claims for contract support costs for prior years1 or for repayments of payments for settlements or judgments awarding contract support costs for prior years4 ,,forest ,,management ,,plans #djg4 ,the ,secretary of ,agriculture shall not be considered to be in violation of subparagraph #f7;f77#e77;,a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd7;f77#e77;,a77 solely because more than #ae years have passed without revision of the plan for a unit of the ,national ,forest ,system4 ,nothing in this section exempts the ,secretary from any other requirement of the ,forest and ,rangeland ,renewable ,resources ,planning ,act 7#af ,u4,s4,c4 #afjj et seq47 or any other law3 ,provided1 ,that if the ,secretary is not acting expeditiously and in good faith1 within the funding available1 to revise a plan for a unit of the ,national ,forest ,system1 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 basis4 ,,prohibition ,,within ,,national ,,monuments #djh4 ,no funds provided in this ,act may be expended to conduct preleasing1 leasing and related activities under either the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 or the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq47 within the boundaries of a ,national ,monument established pursuant to the ,act of ,june #h1 #aijf 7#af ,u4,s4,c4 #dca et seq47 as such boundary existed on ,january #bj1 #bjja1 except where such activities are allowed under the ,presidential proclamation establishing such monument4 ,,limitation ,,on ,,takings #dji4 ,unless otherwise provided herein1 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 ,appropriations3 ,provided1 ,that this provision shall not apply to funds appropriated to implement the ,everglades ,national ,park ,protection and ,expansion ,act of #aihi1 or to funds appropriated for ,federal assistance to the ,state of ,florida to acquire lands for ,everglades restoration purposes4 ,,prohibition ,,on ,,no-,,bid ,,contracts #daj4 ,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 #cc of title #da1 ,united ,states ,code1 or ,chapter #acg of title #aj1 ,united ,states ,code1 and the ,federal ,acquisition ,regulation1 unless-- 7#a7 ,federal law specifically authorizes a contract to be entered into without regard for these requirements1 including formula grants for ,states1 or federally recognized ,indian tribes2 7#b7 such contract is authorized by the ,indian ,self-,determination and ,education ,assistance ,act 7,public ,law #ic-fch1 #be ,u4,s4,c4 #dej et seq47 or by any other ,federal laws that specifically authorize a contract within an ,indian tribe as defined in section #d7;e7 of that ,act 7#be ,u4,s4,c4 #dej;b7e772 or 7#c7 such contract was awarded prior to the date of enactment of this ,act4 ,,posting ,,of ,,reports #daa4 7a7 ,any agency receiving funds made available in this ,act1 shall1 subject to subsections 7b7 and 7c71 post on the public website of that agency any report required to be submitted by the ,congress in this or any other ,act1 upon the determination by the head of the agency that it shall serve the national interest4 7b7 ,subsection 7a7 shall not apply to a report if-- 7#a7 the public posting of the report compromises national security2 or 7#b7 the report contains proprietary information4 7c7 ,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 #de days4 ,,national ,,endowment ,,for ,,the ,,arts ,,grant ,,guidelines #dab4 ,of the funds provided to the ,national ,endowment for the ,arts-- 7#a7 ,the ,chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship1 ,national ,heritage ,fellowship1 or ,american ,jazz ,masters ,fellowship4 7#b7 ,the ,chairperson shall establish procedures to ensure that no funding provided through a grant1 except a grant made to a ,state or local arts agency1 or regional group1 may be used to make a grant to any other organization or individual to conduct activity independent of the direct grant recipient4 ,nothing in this subsection shall prohibit payments made in exchange for goods and services4 7#c7 ,no grant shall be used for seasonal support to a group1 unless the application is specific to the contents of the season1 including identified programs or projects4 ,,national ,,endowment ,,for ,,the ,,arts ,,program ,,priorities #dac4 7a7 ,in providing services or awarding financial assistance under the ,national ,foundation on the ,arts and the ,humanities ,act of #aife from funds appropriated under this ,act1 the ,chairperson of the ,national ,endowment for the ,arts shall ensure that priority is given to providing services or awarding financial assistance for projects1 productions1 workshops1 or programs that serve underserved populations4 7b7 ,in this section3 7#a7 ,the term underserved population means a population of individuals1 including urban minorities1 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 isolation4 7#b7 ,the term poverty line means the poverty line 7as defined by the ,office of ,management and ,budget1 and revised annually in accordance with section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b777 applicable to a family of the size involved4 7c7 ,in providing services and awarding financial assistance under the ,national ,foundation on the ,arts and ,humanities ,act of #aife with funds appropriated by this ,act1 the ,chairperson of the ,national ,endowment for the ,arts shall ensure that priority is given to providing services or awarding financial assistance for projects1 productions1 workshops1 or programs that will encourage public knowledge1 education1 understanding1 and appreciation of the arts4 7d7 ,with funds appropriated by this ,act to carry out section #e of the ,national ,foundation on the ,arts and ,humanities ,act of #aife-- 7#a7 the ,chairperson shall establish a grant category for projects1 productions1 workshops1 or programs that are of national impact or availability or are able to tour several ,states2 7#b7 the ,chairperson shall not make grants exceeding #ae percent1 in the aggregate1 of such funds to any single ,state1 excluding grants made under the authority of paragraph 7#a72 7#c7 the ,chairperson shall report to the ,congress annually and by ,state1 on grants awarded by the ,chairperson in each grant category under section #e of such ,act2 and 7#d7 the ,chairperson shall encourage the use of grants to improve and support community-based music performance and education4 ,,national ,,endowment ,,for ,,the ,,arts ,,waivers #dad4 ,notwithstanding any other provision of law1 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 #bjai and #bjbj for grants for the purposes described in section #e7;c7 of the ,national ,foundation on the ,arts and ,humanities ,act of #aife 7#bj ,u4,s4,c4 #ied7;c77 may also be used by the recipients of such grants for purposes of the general operations of such recipients4 ,,national ,,endowment ,,for ,,the ,,humanities ,,waivers #dae4 ,notwithstanding any other provision of law1 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 #bjai and #bjbj for grants for the purposes described in section #g7;c7 and #g7;h77#a7 of the ,national ,foundation on the ,arts and ,humanities ,act of #aife may also be used by the recipients of such grants for purposes of the general operations of such recipients4 ,,status ,,of ,,balances ,,of ,,appropriations #daf4 ,the ,department of the ,interior1 the ,environmental ,protection ,agency1 the ,forest ,service1 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 uncommitted1 committed1 and unobligated funds in each program and activity within #fj days of enactment of this ,act4 ,,extension ,,of ,,grazing ,,permits #dag4 ,the terms and conditions of section #cbe of ,public ,law #ajh-ajh 7#aag ,stat4 #acjg71 regarding grazing permits issued by the ,forest ,service on any lands not subject to administration under section #djb of the ,federal ,lands ,policy and ,management ,act 7#dc ,u4,s4,c4 #ageb71 shall remain in effect for fiscal year #bjba4 ,,funding ,,prohibition #dah4 7a7 ,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 websites4 7b7 ,nothing in subsection 7a7 shall limit the use of funds necessary for any ,federal1 ,state1 tribal1 or local law enforcement agency or any other entity carrying out criminal investigations1 prosecution1 or adjudication activities4 ,,humane ,,transfer ,,and ,,treatment ,,of ,,animals #dai4 7a7 ,notwithstanding any other provision of law1 the ,secretary of the ,interior1 with respect to land administered by the ,bureau of ,land ,management1 or the ,secretary of ,agriculture1 with respect to land administered by the ,forest ,service 7referred to in this section as the ,secretary concerned71 may transfer excess wild horses and burros that have been removed from land administered by the ,secretary concerned to other ,federal1 ,state1 and local government agencies for use as work animals4 7b7 ,the ,secretary concerned may make a transfer under subsection 7a7 immediately on the request of a ,federal1 ,state1 or local government agency4 7c7 ,an excess wild horse or burro transferred under subsection 7a7 shall lose status as a wild free-roaming horse or burro 7as defined in section #b of ,public ,law #ib-aie 7commonly known as the ,wild ,free-,roaming ,horses and ,burros ,act7 7#af ,u4,s4,c4 #accb774 7d7 ,a ,federal1 ,state1 or local government agency receiving an excess wild horse or burro pursuant to subsection 7a7 shall not-- 7#a7 destroy the horse or burro in a manner that results in the destruction of the horse or burro into a commercial product2 7#b7 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 product2 or 7#c7 euthanize the horse or burro1 except on the recommendation of a licensed veterinarian in a case of severe injury1 illness1 or advanced age4 7e7 ,amounts appropriated by this ,act shall not be available for-- 7#a7 the destruction of any healthy1 unadopted1 and wild horse or burro under the jurisdiction of the ,secretary concerned 7including a contractor72 or 7#b7 the sale of a wild horse or burro that results in the destruction of the wild horse or burro for processing into a commercial product4 ,,forest ,,service ,,facility ,,realignment ,,and ,,enhancement ,,authorization ,,extension #dbj4 ,section #ejc7;f7 of ,public ,law #aji-ed 7#af ,u4,s4,c4 #ehj;d note7 shall be applied by substituting ,september #cj1 #bjba for ,september #cj1 #bjai4 ,,use ,,of ,,american ,,iron ,,and ,,steel #dba4 7a7 7#a7 ,none of the funds made available by a ,state water pollution control revolving fund as authorized by section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7 shall be used for a project for the construction1 alteration1 maintenance1 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 ,states4 7#b7 ,in this section1 the term iron and steel products means the following products made primarily of iron or steel3 lined or unlined pipes and fittings1 manhole covers and other municipal castings1 hydrants1 tanks1 flanges1 pipe clamps and restraints1 valves1 structural steel1 reinforced precast concrete1 and construction materials4 7b7 ,subsection 7a7 shall not apply in any case or category of cases in which the ,administrator of the ,environmental ,protection ,agency 7in this section referred to as the ,administrator7 finds that-- 7#a7 applying subsection 7a7 would be inconsistent with the public interest2 7#b7 iron and steel products are not produced in the ,united ,states in sufficient and reasonably available quantities and of a satisfactory quality2 or 7#c7 inclusion of iron and steel products produced in the ,united ,states will increase the cost of the overall project by more than #be percent4 7c7 ,if the ,administrator receives a request for a waiver under this section1 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 request1 and shall allow for informal public input on the request for at least #ae days prior to making a finding based on the request4 ,the ,administrator shall make the request and accompanying information available by electronic means1 including on the official public ,internet ,web site of the ,environmental ,protection ,agency4 7d7 ,this section shall be applied in a manner consistent with ,united ,states obligations under international agreements4 7e7 ,the ,administrator may retain up to #j4be 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 7a77#a7 for management and oversight of the requirements of this section4 ,,local ,,cooperator ,,training ,,agreements ,,and ,,transfers ,,of ,,excess ,,equipment ,,and ,,supplies ,,for ,,wildfires #dbb4 ,the ,secretary of the ,interior is authorized to enter into grants and cooperative agreements with volunteer fire departments1 rural fire departments1 rangeland fire protection associations1 and similar organizations to provide for wildland fire training and equipment1 including supplies and communication devices4 ,notwithstanding section #aba7;c7 of title #dj1 ,united ,states ,code1 or section #eba of title #dj1 ,united ,states ,code1 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 organizations4 ,,recreation ,,fees #dbc4 ,section #haj of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhji7 shall be applied by substituting ,october #a1 #bjbb for ,september #cj1 #bjai4 ,,reprogramming ,,guidelines #dbd4 ,none of the funds made available in this ,act1 in this and prior fiscal years1 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 #d of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id2 #acc ,stat4 #becf74 ,,local ,,contractors #dbe4 ,section #dab of division ,e of ,public ,law #aab-gd shall be applied by substituting fiscal year #bjba for fiscal year #bjai4 ,,shasta-,,trinity ,,marina ,,fee ,,authority ,,authorization ,,extension #dbf4 ,section #dbb of division ,f of ,public ,law #aaj-afa 7#aba ,stat #ahdd71 as amended1 shall be applied by substituting fiscal year #bjba for fiscal year #bjai4 ,,interpretive ,,association ,,authorization ,,extension #dbg4 ,section #dbf of division ,g of ,public ,law #aac-gf 7#af ,u4,s4,c4 #efe;a-#a note7 shall be applied by substituting ,september #cj1 #bjba for ,september #cj1 #bjai4 ,,puerto ,,rico ,,schooling ,,authorization ,,extension #dbh4 ,the authority provided by the #aith unnumbered paragraph under heading ,administrative ,provisions1 ,forest ,service in title ,,iii of ,public ,law #aji-ed1 as amended1 shall be applied by substituting fiscal year #bjba for fiscal year #bjai4 ,,forest ,,botanical ,,products ,,fee ,,collection ,,authorization ,,extension #dbi4 ,section #cci of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #bjjj 7as enacted into law by ,public ,law #ajf-aac2 #af ,u4,s4,c4 #ebh note71 as amended by section #cce7f7 of ,public ,law #ajh-ajh and section #dcb of ,public ,law #aac-gf1 shall be applied by substituting fiscal year #bjba for fiscal year #bjai4 ,,chaco ,,canyon #dcj4 ,none of the funds made available by this ,act may be used to accept a nomination for oil and gas leasing under #dc ,,cfr #cabj4c et seq1 or to offer for oil and gas leasing1 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 #b1 #bjai1 prior to the completion of the cultural resources investigation identified in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act74 ,,tribal ,,leases #dca4 7a7 ,notwithstanding any other provision of law1 in the case of any lease under section #aje7l7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecbd7l771 the initial lease term shall commence no earlier than the date of receipt of the lease proposal4 7b7 ,the ,secretaries of the ,interior and ,health and ,human ,services shall1 jointly or separately1 during fiscal year #bjba consult with tribes and tribal organizations through public solicitation and other means regarding the requirements for leases under section #aje7l7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecbd7l77 on how to implement a consistent and transparent process for the payment of such leases4 ,,resource ,,study ,,of ,,springfield ,,race ,,riot #dcb4 7a7 ,definitions ,in this section3 7#a7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#b7 ,study area ,the term ,study ,area means the archeological site near ,madison ,street and the #ajth ,street ,rail ,corridor1 and other sites in ,springfield1 ,illinois associated with the #aijh ,springfield ,race ,riot4 7b7 ,special resource study 7#a7 ,study ,the ,secretary shall conduct a special resource study of the study area4 7#b7 ,contents ,in conducting the study under paragraph 7#a71 the ,secretary shall-- 7,a7 evaluate the national significance of the study area2 7,b7 determine the suitability and feasibility of designating the study area as a unit of the ,national ,park ,system2 7,c7 consider other alternatives for preservation1 protection1 and interpretation of the study area by the ,federal ,government1 ,state or local government entities1 or private and non-profit organizations2 7,d7 consult with interested ,federal agencies1 ,state or local governmental entities1 private and nonprofit organizations1 or any other interested individuals2 and 7,e7 identify cost estimates for any ,federal acquisition1 development1 interpretation1 operation1 and maintenance associated with the alternatives4 7#c7 ,applicable law ,the study required under paragraph 7#a7 shall be conducted in accordance with section #ajjejg of title #ed1 ,united ,states ,code4 7#d7 ,report ,not later than #c years after the date on which funds are first made available for the study under paragraph 7#a71 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-- 7,a7 the results of the study2 and 7,b7 any conclusions and recommendations of the ,secretary4 ,,forest ,,ecosystem ,,recovery ,,and ,,health ,,fund #dcc4 ,the authority provided under the heading ,forest ,ecosystem ,health and ,recovery ,fund in title ,i of ,public ,law #aaa-hh1 as amended by section #aag of division ,f of ,public ,law #aac-bce1 shall be applied by substituting fiscal year #bjba for fiscal year #bjbj each place it appears4 ,,allocation ,,of ,,projects #dcd4 7a7 7#a7 ,within #de days of enactment of this ,act1 the ,secretary of the ,interior shall allocate amounts available from the ,national ,parks and ,public ,land ,legacy ,restoration ,fund for fiscal year #bjba pursuant to subsection 7c7 of section #bjjdjb of title #ed1 ,united ,states ,code1 and as provided in subsection 7e7 of such section of such title1 to the agencies of the ,department of the ,interior and the ,department of ,agriculture specified1 in the amounts specified1 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 #bjba in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act74 7#b7 ,within #cj days of enactment of this ,act1 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 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 7a77#a7 and1 only #de days after submission of such sheets1 shall the ,secretary of the ,interior be permitted to obligate amounts that are allocated pursuant to subsection 7a77#a74 7#c7 ,within #cj days of enactment of this ,act1 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 description1 as well as information on region1 forest or grassland name1 project name1 ,state1 ,congressional district1 fiscal year #bjba non-transportation needed funds1 fiscal year #bjba transportation needed funds1 and asset type for the ,department of ,agriculture projects specified pursuant to the allocation in subsection 7a77#a7 and1 only #de days after submission of such lists1 shall the ,secretary of ,agriculture be permitted to obligate amounts that are allocated pursuant to subsection 7a77#a74 7b7 7#a7 ,within #de days of enactment of this ,act1 the ,secretary of the ,interior and the ,secretary of ,agriculture1 as appropriate1 shall allocate amounts made available for expenditure from the ,land and ,water ,conservation ,fund for fiscal year #bjba pursuant to subsection 7a7 of section #bjjcjc of title #ed1 ,united ,states ,code1 to the agencies and accounts specified1 in the amounts specified1 and for the projects and activities specified in the table titled ,allocation of ,funds from the ,land and ,water ,conservation ,fund--,fiscal ,year #bjba in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act74 7#b7 ,within #cj days of enactment of this ,act1 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 #dbg of division ,d of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id7 for the projects specified pursuant to the allocation in subsection 7b77#a7 and1 only #de days after submission of such sheets1 shall the ,secretary of the ,interior and the ,secretary of ,agriculture1 as appropriate1 be permitted to obligate amounts that are allocated pursuant to subsection 7b77#a74 7c7 7#a7 ,neither the ,president nor his designee may allocate any amounts that are made available for any fiscal year under subsection 7c7 of section #bjjdjb of title #ed1 ,united ,states ,code1 or subsection 7a7 of section #bjjcjc of title #ed1 ,united ,states ,code1 other than amounts that are allocated by subsections 7a7 and 7b7 of this section of this ,act4 7#b7 ,if any funds made available by section #bjjdjb7;c7 or section #bjjcjc7;a7 of title #ed1 ,united ,states ,code1 were allocated or obligated in advance of the enactment of a fiscal year #bjba ,act making full-year appropriations for the ,department of the ,interior1 ,environment1 and ,related ,agencies1 then within #cj days of enactment of this ,act1 the ,office of ,management and ,budget1 in consultation with the ,department of the ,interior and the ,department of ,agriculture1 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 #bjjdjb and in section #bjjcjc of title #ed1 ,united ,states ,code1 permitted the ,administration to allocate funding for projects for a fiscal year pursuant those sections1 particularly the language in sections #bjjdjb7;i7 and #bjjcjc7;c77#b71 in advance of the date of enactment of such fiscal year #bjba ,act4 7d7 7#a7 ,concurrent with the annual budget submission of the ,president for fiscal year #bjbb1 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 ,service1 the ,u4,s4 ,fish and ,wildlife ,service1 the ,bureau of ,land ,management1 and the ,u4,s4 ,forest ,service that are in addition to the ,submission of ,cost ,estimates required by section #bjjcjc7;c77#a7 of title #ed1 ,united ,states ,code1 that are prioritized and detailed by account1 program1 and project1 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 #bjjcjc7;c77#a7 of title #ed1 ,united ,states ,code4 7#b7 ,the ,federal land acquisition and ,forest ,legacy projects in the ,submission of ,cost ,estimates required by section #bjjcjc7;c77#a7 of title #ed1 ,united ,states ,code1 and on the list of supplementary allocations required by paragraph 7#a7 shall be comprised only of projects for which a willing seller has been identified and for which an appraisal or market research has been initiated4 7#c7 ,concurrent with the annual budget submission of the ,president for fiscal year #bjbb1 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 #bjjcjc7;c77#a7 of title #ed1 ,united ,states ,code1 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 #dbg of division ,d of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id7 for the list of supplementary allocations required by paragraph 7#a71 and for the projects in the ,submission of ,annual ,list of ,projects to ,congress required by section #bjjdjb7;h7 of title #ed1 ,united ,states ,code4 7e7 ,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 7a77#a7 and 7b77#a7 of this section1 including all uncommitted1 committed1 and unobligated funds4 7f7 ,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 ,act1 #bjba 7,public ,law #aaf-aei7 shall be charged to the applicable appropriation1 account allocation1 fund1 or authorization pursuant to section #bjjcjc of title #ed1 ,united ,states ,code4 ,,timber ,,sale ,,requirements #dce4 ,no timber sale in ,alaska's ,region #aj shall be advertised if the indicated rate is deficit 7defined 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 process7 when appraised using a residual value appraisal4 ,the western red cedar timber from those sales which is surplus to the needs of the domestic processors in ,alaska1 shall be made available to domestic processors in the contiguous #dh ,united ,states at prevailing domestic prices4 ,all additional western red cedar volume not sold to ,alaska or contiguous #dh ,united ,states domestic processors may be exported to foreign markets at the election of the timber sale holder4 ,all ,alaska yellow cedar may be sold at prevailing export prices at the election of the timber sale holder4 ,,prohibition ,,on ,,use ,,of ,,funds #dcf4 ,notwithstanding any other provision of law1 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 7#db ,u4,s4,c4 #gffa et seq47 for carbon dioxide1 nitrous oxide1 water vapor1 or methane emissions resulting from biological processes associated with livestock production4 ,,greenhouse ,,gas ,,reporting ,,restrictions #dcg4 ,notwithstanding any other provision of law1 none of the funds made available in this or any other ,act may be used to implement any provision in a rule1 if that provision requires mandatory reporting of greenhouse gas emissions from manure management systems4 ,,funding ,,prohibition #dch4 ,none of the funds made available by this or any other ,act may be used to regulate the lead content of ammunition1 ammunition components1 or fishing tackle under the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfja et seq47 or any other law4 ,,policies ,,relating ,,to ,,biomass ,,energy #dci4 ,to support the key role that forests in the ,united ,states can play in addressing the energy needs of the ,united ,states1 the ,secretary of ,energy1 the ,secretary of ,agriculture1 and the ,administrator of the ,environmental ,protection ,agency shall1 consistent with their missions1 jointly-- 7#a7 ensure that ,federal policy relating to forest bioenergy-- 7,a7 is consistent across all ,federal departments and agencies2 and 7,b7 recognizes the full benefits of the use of forest biomass for energy1 conservation1 and responsible forest management2 and 7#b7 establish clear and simple policies for the use of forest biomass as an energy solution1 including policies that-- 7,a7 reflect the carbon-neutrality of forest bioenergy and recognize biomass as a renewable energy source1 provided the use of forest biomass for energy production does not cause conversion of forests to non-forest use2 7,b7 encourage private investment throughout the forest biomass supply chain1 including in-- 7i7 working forests2 7ii7 harvesting operations2 7iii7 forest improvement operations2 7iv7 forest bioenergy production2 7v7 wood products manufacturing2 or 7vi7 paper manufacturing2 7,c7 encourage forest management to improve forest health2 and 7,d7 recognize ,state initiatives to produce and use forest biomass4 ,,small ,,remote ,,incinerators #ddj4 ,none of the funds made available in this ,act may be used to implement or enforce the regulation issued on ,march #ba1 #bjaa at #dj ,,cfr part #fj subparts ,,cccc and ,,dddd with respect to units in the ,state of ,alaska that are defined as small1 remote incinerator units in those regulations and1 until a subsequent regulation is issued1 the ,administrator shall implement the law and regulations in effect prior to such date4 ,this division may be cited as the ,department of the ,interior1 ,environment1 and ,related ,agencies ,appropriations ,act1 #bjba4 ,h ,departments of ,labor1 ,health and ,human ,services1 and ,education1 and ,related ,agencies ,appropriations ,act1 #bjba ,i ,department of ,labor ,employment and training administration ,,training ,,and ,,employment ,,services ,for necessary expenses of the ,workforce ,innovation and ,opportunity ,act 7referred to in this ,act as ,,wioa7 and the ,national ,apprenticeship ,act1 #c1ffc1bjj1jjj1 plus reimbursements1 shall be available4 ,of the amounts provided3 7#a7 for grants to ,states for adult employment and training activities1 youth activities1 and dislocated worker employment and training activities1 #b1hde1ccb1jjj as follows3 7,a7 #hfb1fdi1jjj for adult employment and training activities1 of which #aej1fdi1jjj shall be available for the period ,july #a1 #bjba through ,june #cj1 #bjbb1 and of which #gab1jjj1jjj shall be available for the period ,october #a1 #bjba through ,june #cj1 #bjbb2 7,b7 #iba1acj1jjj for youth activities1 which shall be available for the period ,april #a1 #bjba through ,june #cj1 #bjbb2 and 7,c7 #a1jfa1eec1jjj for dislocated worker employment and training activities1 of which #bja1eec1jjj shall be available for the period ,july #a1 #bjba through ,june #cj1 #bjbb1 and of which #hfj1jjj1jjj shall be available for the period ,october #a1 #bjba through ,june #cj1 #bjbb3 ,provided1 ,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 #abg7;b77#a77;,b77ii7 of such ,act2 and 7#b7 for national programs1 #hag1hfh1jjj as follows3 7,a7 #bhj1hei1jjj for the dislocated workers assistance national reserve1 of which #hj1hei1jjj shall be available for the period ,july #a1 #bjba through ,september #cj1 #bjbb1 and of which #bjj1jjj1jjj shall be available for the period ,october #a1 #bjba through ,september #cj1 #bjbb3 ,provided1 ,that funds provided to carry out section #acb7;a77#b77;,a7 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 dislocated2 coordinate the ,state workforce development plan with emerging economic development needs2 and train such eligible dislocated workers3 ,provided further1 ,that funds provided to carry out sections #afh7;b7 and #afi7;c7 of the ,,wioa may be used for technical assistance and demonstration projects1 respectively1 that provide assistance to new entrants in the workforce and incumbent workers3 ,provided further1 ,that notwithstanding section #afh7;b7 of the ,,wioa1 of the funds provided under this subparagraph1 the ,secretary of ,labor 7referred to in this title as ,secretary7 may reserve not more than #aj percent of such funds to provide technical assistance and carry out additional activities related to the transition to the ,,wioa3 ,provided further1 ,that of the funds provided under this subparagraph1 #hj1jjj1jjj shall be for training and employment assistance under sections #afh7;b71 #afi7;c7 7notwithstanding the #aj percent limitation in such section7 and #agj of the ,,wioa as follows3 7i7 #ce1jjj1jjj shall be for workers in the ,appalachian region1 as defined by #dj ,u4,s4,c4 #adajb7;a77#a7 and workers in the ,lower ,mississippi1 as defined in section #d7b7 of the ,delta ,development ,act 7,public ,law #ajj-dfj1 #ajb ,stat4 #bbdf2 #g ,u4,s4,c4 #bjji;aa7#b772 7ii7 #de1jjj1jjj shall be for the purpose of developing1 offering1 or improving educational or career training programs at community colleges1 defined as public institutions of higher education1 as described in section #aja7;a7 of the ,higher ,education ,act of #aife and at which the associate's degree is primarily the highest degree awarded1 with other eligible institutions of higher education1 as defined in section #aja7;a7 of the ,higher ,education ,act of #aife1 eligible to participate through consortia1 with community colleges as the lead grantee3 ,provided1 ,that the ,secretary shall follow the requirements for the program in ,house ,report #aaf-fb and in the explanatory statement accompanying this ,act3 ,provided further1 ,that any grant funds used for apprenticeships shall be used to support only apprenticeship programs registered under the ,national ,apprenticeship ,act and as referred to in section #c7g77;,b7 of the ,,wioa2 7,b7 #ee1ejj1jjj for ,native ,american programs under section #aff of the ,,wioa1 which shall be available for the period ,july #a1 #bjba through ,june #cj1 #bjbb2 7,c7 #ic1hif1jjj for migrant and seasonal farmworker programs under section #afg of the ,,wioa1 including #hg1jhc1jjj for formula grants 7of which not less than #gj percent shall be for employment and training services71 #f1bef1jjj for migrant and seasonal housing 7of which not less than #gj percent shall be for permanent housing71 and #eeg1jjj for other discretionary purposes1 which shall be available for the period ,april #a1 #bjba through ,june #cj1 #bjbb3 ,provided1 ,that notwithstanding any other provision of law or related regulation1 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 services3 ,provided further1 ,that notwithstanding the definition of eligible seasonal farmworker in section #afg7;i77#c77;,a7 of the ,,wioa relating to an individual being low-income1 an individual is eligible for migrant and seasonal farmworker programs under section #afg of the ,,wioa under that definition if1 in addition to meeting the requirements of clauses 7i7 and 7ii7 of section #afg7;i77#c77;,a71 such individual is a member of a family with a total family income equal to or less than #aej percent of the poverty line2 7,d7 #if1ecd1jjj for ,youth,build activities as described in section #aga of the ,,wioa1 which shall be available for the period ,april #a1 #bjba through ,june #cj1 #bjbb2 7,e7 #ajj1jgi1jjj for ex-offender activities1 under the authority of section #afi of the ,,wioa1 which shall be available for the period ,april #a1 #bjba through ,june #cj1 #bjbb3 ,provided1 ,that of this amount1 #be1jjj1jjj shall be for competitive grants to national and regional intermediaries for activities that prepare for employment young adults with criminal records1 young adults who have been justice system-involved1 or young adults who have dropped out of school or other educational programs1 with a priority for projects serving high-crime1 high-poverty areas2 7,f7 #f1jjj1jjj for the ,workforce ,data ,quality ,initiative1 under the authority of section #afi of the ,,wioa1 which shall be available for the period ,july #a1 #bjba through ,june #cj1 #bjbb2 and 7,g7 #ahe1jjj1jjj to expand opportunities through apprenticeships only registered under the ,national ,apprenticeship ,act and as referred to in section #c7g77;,b7 of the ,,wioa1 to be available to the ,secretary to carry out activities through grants1 cooperative agreements1 contracts and other arrangements1 with ,states and other appropriate entities1 including equity intermediaries and business and labor industry partner intermediaries1 which shall be available for the period ,july #a1 #bjba through ,june #cj1 #bjbb4 ,,job ,,corps 7,,including ,,transfer ,,of ,,funds7 ,to carry out subtitle ,c of title ,i of the ,,wioa1 including ,federal administrative expenses1 the purchase and hire of passenger motor vehicles1 the construction1 alteration1 and repairs of buildings and other facilities1 and the purchase of real property for training centers as authorized by the ,,wioa1 #a1gdh1fee1jjj1 plus reimbursements1 as follows3 7#a7 #a1fjc1cbe1jjj for ,job ,corps ,operations1 which shall be available for the period ,july #a1 #bjba through ,june #cj1 #bjbb2 7#b7 #aac1jjj1jjj for construction1 rehabilitation and acquisition of ,job ,corps ,centers1 which shall be available for the period ,july #a1 #bjba through ,june #cj1 #bjbd1 and which may include the acquisition1 maintenance1 and repair of major items of equipment3 ,provided1 ,that the ,secretary may transfer up to #ae percent of such funds to meet the operational needs of such centers or to achieve administrative efficiencies3 ,provided further1 ,that any funds transferred pursuant to the preceding provision shall not be available for obligation after ,june #cj1 #bjbb3 ,provided further1 ,that the ,committees on ,appropriations of the ,house of ,representatives and the ,senate are notified at least #ae days in advance of any transfer2 and 7#c7 #cb1ccj1jjj for necessary expenses of ,job ,corps1 which shall be available for obligation for the period ,october #a1 #bjbj through ,september #cj1 #bjba3 ,provided1 ,that no funds from any other appropriation shall be used to provide meal services at or for ,job ,corps centers4 ,,community ,,service ,,employment ,,for ,,older ,,americans ,to carry out title ,v of the ,older ,americans ,act of #aife 7referred to in this ,act as ,,oaa71 #dje1jjj1jjj1 which shall be available for the period ,april #a1 #bjba through ,june #cj1 #bjbb1 and may be recaptured and reobligated in accordance with section #eag7;c7 of the ,,oaa4 ,,federal ,,unemployment ,,benefits ,,and ,,allowances ,for payments during fiscal year #bjba of trade adjustment benefit payments and allowances under part ,i of subchapter ,b of chapter #b of title ,,ii of the ,trade ,act of #aigd1 and section #bdf of that ,act2 and for training1 employment and case management services1 allowances for job search and relocation1 and related ,state administrative expenses under part ,,ii of subchapter ,b of chapter #b of title ,,ii of the ,trade ,act of #aigd1 and including benefit payments1 allowances1 training1 employment and case management services1 and related ,state administration provided pursuant to section #bca7;a7 of the ,trade ,adjustment ,assistance ,extension ,act of #bjaa and section #dje7;a7 of the ,trade ,preferences ,extension ,act of #bjae1 #fcc1fjj1jjj together with such amounts as may be necessary to be charged to the subsequent appropriation for payments for any period subsequent to ,september #ae1 #bjba3 ,provided1 ,that notwithstanding section #ejb of this ,act1 any part of the appropriation provided under this heading may remain available for obligation beyond the current fiscal year pursuant to the authorities of section #bde7;c7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bcag7;c774 ,,state ,,unemployment ,,insurance ,,and ,,employment ,,service ,,operations ,for authorized administrative expenses1 #hd1jff1jjj1 together with not to exceed #c1ccb1ehc1jjj which may be expended from the ,employment ,security ,administration ,account in the ,unemployment ,trust ,fund 7the ,trust ,fund71 of which-- 7#a7 #b1efe1haf1jjj 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 7including not less than #bjj1jjj1jjj to carry out reemployment services and eligibility assessments under section #cjf of such ,act1 any claimants of regular compensation1 as defined in such section1 including those who are profiled as most likely to exhaust their benefits1 may be eligible for such services and assessments3 ,provided1 ,that of such amount1 #aag1jjj1jjj is specified for grants under section #cjf of the ,social ,security ,act and is provided to meet the terms of section #bea7;b77#b77;,e77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 as amended1 and #hc1jjj1jjj is additional new budget authority specified for purposes of section #bea7;b77#b77;,e77i77,,ii7 of such ,act2 and #i1jjj1jjj for continued support of the ,unemployment ,insurance ,integrity ,center of ,excellence71 the administration of unemployment insurance for ,federal employees and for ex-service members as authorized under #e ,u4,s4,c4 #heja-hebc1 and the administration of trade readjustment allowances1 reemployment trade adjustment assistance1 and alternative trade adjustment assistance under the ,trade ,act of #aigd and under section #bca7;a7 of the ,trade ,adjustment ,assistance ,extension ,act of #bjaa and section #dje7;a7 of the ,trade ,preferences ,extension ,act of #bjae1 and shall be available for obligation by the ,states through ,december #ca1 #bjba1 except that funds used for automation shall be available for ,federal obligation through ,december #ca1 #bjba1 and for ,state obligation through ,september #cj1 #bjbc1 or1 if the automation is being carried out through consortia of ,states1 for ,state obligation through ,september #cj1 #bjbg1 and for expenditure through ,september #cj1 #bjbh1 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 training1 as appropriate1 shall be available for ,federal obligation through ,december #ca1 #bjba1 and for obligation by the ,states through ,september #cj1 #bjbc1 and funds for the ,unemployment ,insurance ,integrity ,center of ,excellence shall be available for obligation by the ,state through ,september #cj1 #bjbb1 and funds used for unemployment insurance workloads experienced through ,september #cj1 #bjba shall be available for ,federal obligation through ,december #ca1 #bjba2 7#b7 #ah1jjj1jjj from the ,trust ,fund is for national activities necessary to support the administration of the ,federal-,state unemployment insurance system2 7#c7 #fdh1fci1jjj from the ,trust ,fund1 together with #ba1dac1jjj from the ,general ,fund of the ,treasury1 is for grants to ,states in accordance with section #f of the ,wagner-,peyser ,act1 and shall be available for ,federal obligation for the period ,july #a1 #bjba through ,june #cj1 #bjbb2 7#d7 #bb1cah1jjj from the ,trust ,fund is for national activities of the ,employment ,service1 including administration of the work opportunity tax credit under section #ea of the ,internal ,revenue ,code of #aihf 7including assisting ,states in adopting or modernizing information technology for use in the processing of certification requests71 and the provision of technical assistance and staff training under the ,wagner-,peyser ,act2 7#e7 #gg1haj1jjj from the ,trust ,fund is for the administration of foreign labor certifications and related activities under the ,immigration and ,nationality ,act and related laws1 of which #eg1ebh1jjj shall be available for the ,federal administration of such activities1 and #bj1bhb1jjj shall be available for grants to ,states for the administration of such activities2 and 7#f7 #fb1fec1jjj from the ,general ,fund is to provide workforce information1 national electronic tools1 and one-stop system building under the ,wagner-,peyser ,act and shall be available for ,federal obligation for the period ,july #a1 #bjba through ,june #cj1 #bjbb3 ,provided1 ,that to the extent that the ,average ,weekly ,insured ,unemployment 7,,awiu7 for fiscal year #bjba is projected by the ,department of ,labor to exceed #a1gbh1jjj1 an additional #bh1fjj1jjj from the ,trust ,fund shall be available for obligation for every #ajj1jjj increase in the ,,awiu level 7including a pro rata amount for any increment less than #ajj1jjj7 to carry out title ,,iii of the ,social ,security ,act3 ,provided further1 ,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 ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act3 ,provided further1 ,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 #dec7;j77#h7 of such ,act3 ,provided further1 ,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 ,system3 ,provided further1 ,that funds appropriated in this ,act which are used to establish a national one-stop career center system1 or which are used to support the national activities of the ,federal-,state unemployment insurance1 employment service1 or immigration programs1 may be obligated in contracts1 grants1 or agreements with ,states and non-,state entities3 ,provided further1 ,that ,states awarded competitive grants for improved operations under title ,,iii of the ,social ,security ,act1 or awarded grants to support the national activities of the ,federal-,state unemployment insurance system1 may award subgrants to other ,states and non-,state entities under such grants1 subject to the conditions applicable to the grants3 ,provided further1 ,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 integrated ,unemployment ,insurance and ,employment ,service automation efforts1 notwithstanding cost allocation principles prescribed under the final rule entitled ,uniform ,administrative ,requirements1 ,cost ,principles1 and ,audit ,requirements for ,federal ,awards at part #bjj of title #b1 ,code of ,federal ,regulations3 ,provided further1 ,that the ,secretary1 at the request of a ,state participating in a consortium with other ,states1 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 request3 ,provided further1 ,that the ,secretary may collect fees for the costs associated with additional data collection1 analyses1 and reporting services relating to the ,national ,agricultural ,workers ,survey requested by ,state and local governments1 public and private institutions of higher education1 and nonprofit organizations and may utilize such sums1 in accordance with the provisions of #bi ,u4,s4,c4 #i;a1 for the ,national ,agricultural ,workers ,survey infrastructure1 methodology1 and data to meet the information collection and reporting needs of such entities1 which shall be credited to this appropriation and shall remain available until ,september #cj1 #bjbb1 for such purposes4 ,,advances ,,to ,,the ,,unemployment ,,trust ,,fund ,,and ,,other ,,funds ,for repayable advances to the ,unemployment ,trust ,fund as authorized by sections #ije7;d7 and #abjc of the ,social ,security ,act1 and to the ,black ,lung ,disability ,trust ,fund as authorized by section #ieja7;c77#a7 of the ,internal ,revenue ,code of #aihf2 and for nonrepayable advances to the revolving fund established by section #ija7;e7 of the ,social ,security ,act1 to the ,unemployment ,trust ,fund as authorized by #e ,u4,s4,c4 #heji1 and to the ,federal ,unemployment ,benefits and ,allowances account1 such sums as may be necessary1 which shall be available for obligation through ,september #cj1 #bjbb4 ,,program ,,administration ,for expenses of administering employment and training programs1 #ajh1fgd1jjj1 together with not to exceed #di1ihb1jjj which may be expended from the ,employment ,security ,administration ,account in the ,unemployment ,trust ,fund4 ,employee benefits security administration ,,salaries ,,and ,,expenses ,for necessary expenses for the ,employee ,benefits ,security ,administration1 #aha1jjj1jjj1 of which up to #c1jjj1jjj shall be made available through ,september #cj1 #bjbb1 for the procurement of expert witnesses for enforcement litigation4 ,pension benefit guaranty corporation ,,pension ,,benefit ,,guaranty ,,corporation ,,fund ,the ,pension ,benefit ,guaranty ,corporation 7,corporation7 is authorized to make such expenditures1 including financial assistance authorized by subtitle ,e of title ,,iv of the ,employee ,retirement ,income ,security ,act of #aigd1 within limits of funds and borrowing authority available to the ,corporation1 and in accord with law1 and to make such contracts and commitments without regard to fiscal year limitations1 as provided by #ca ,u4,s4,c4 #iajd1 as may be necessary in carrying out the program1 including associated administrative expenses1 through ,september #cj1 #bjba1 for the ,corporation3 ,provided1 ,that none of the funds available to the ,corporation for fiscal year #bjba shall be available for obligations for administrative expenses in excess of #dfe1bhi1jjj3 ,provided further1 ,that to the extent that the number of new plan participants in plans terminated by the ,corporation exceeds #ajj1jjj in fiscal year #bjba1 an amount not to exceed an additional #i1bjj1jjj shall be available through ,september #cj1 #bjbe1 for obligations for administrative expenses for every #bj1jjj additional terminated participants3 ,provided further1 ,that obligations in excess of the amounts provided for administrative expenses in this paragraph may be incurred and shall be available through ,september #cj1 #bjbe 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 ,senate3 ,provided further1 ,that an additional amount shall be available for obligation through ,september #cj1 #bjbe to the extent the ,corporation's costs exceed #bej1jjj for the provision of credit or identity monitoring to affected individuals upon suffering a security incident or privacy breach1 not to exceed an additional #ajj per affected individual4 ,wage and hour division ,,salaries ,,and ,,expenses ,for necessary expenses for the ,wage and ,hour ,division1 including reimbursement to ,state1 ,federal1 and local agencies and their employees for inspection services rendered1 #bdf1jjj1jjj4 ,office of labor-,management standards ,,salaries ,,and ,,expenses ,for necessary expenses for the ,office of ,labor-,management ,standards1 #dd1dcg1jjj4 ,office of ,federal contract compliance programs ,,salaries ,,and ,,expenses ,for necessary expenses for the ,office of ,federal ,contract ,compliance ,programs1 #aje1igf1jjj4 ,office of workers' compensation programs ,,salaries ,,and ,,expenses ,for necessary expenses for the ,office of ,workers' ,compensation ,programs1 #aae1dbd1jjj1 together with #b1agg1jjj which may be expended from the ,special ,fund in accordance with sections #ci7;c71 #dd7;d71 and #dd7;j7 of the ,longshore and ,harbor ,workers' ,compensation ,act4 ,,special ,,benefits 7,,including ,,transfer ,,of ,,funds7 ,for the payment of compensation1 benefits1 and expenses 7except administrative expenses7 accruing during the current or any prior fiscal year authorized by #e ,u4,s4,c4 #ha2 continuation of benefits as provided for under the heading ,civilian ,war ,benefits in the ,federal ,security ,agency ,appropriation ,act1 #aidg2 the ,employees' ,compensation ,commission ,appropriation ,act1 #aidd2 section #e7;f7 of the ,war ,claims ,act 7#ej ,u4,s4,c4 ,app4 #bjab72 obligations incurred under the ,war ,hazards ,compensation ,act 7#db ,u4,s4,c4 #agja et seq472 and #ej percent of the additional compensation and benefits required by section #aj7;h7 of the ,longshore and ,harbor ,workers' ,compensation ,act1 #bci1jjj1jjj1 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 #ae of the current year1 for deposit into and to assume the attributes of the ,employees' ,compensation ,fund established under #e ,u4,s4,c4 #hadg7;a73 ,provided1 ,that amounts appropriated may be used under #e ,u4,s4,c4 #hajd by the ,secretary to reimburse an employer1 who is not the employer at the time of injury1 for portions of the salary of a re-employed1 disabled beneficiary3 ,provided further1 ,that balances of reimbursements unobligated on ,september #cj1 #bjbj1 shall remain available until expended for the payment of compensation1 benefits1 and expenses3 ,provided further1 ,that in addition there shall be transferred to this appropriation from the ,postal ,service and from any other corporation or instrumentality required under #e ,u4,s4,c4 #hadg7;c7 to pay an amount for its fair share of the cost of administration1 such sums as the ,secretary determines to be the cost of administration for employees of such fair share entities through ,september #cj1 #bjba3 ,provided further1 ,that of those funds transferred to this account from the fair share entities to pay the cost of administration of the ,federal ,employees' ,compensation ,act1 #hj1beg1jjj shall be made available to the ,secretary as follows3 7#a7 ,for enhancement and maintenance of automated data processing systems operations and telecommunications systems1 #bg1bbj1jjj2 7#b7 ,for automated workload processing operations1 including document imaging1 centralized mail intake1 and medical bill processing1 #be1fdg1jjj2 7#c7 ,for periodic roll disability management and medical review1 #be1fdh1jjj2 7#d7 ,for program integrity1 #a1gdb1jjj2 and 7#e7 ,the remaining funds shall be paid into the ,treasury as miscellaneous receipts3 ,provided further1 ,that the ,secretary may require that any person filing a notice of injury or a claim for benefits under #e ,u4,s4,c4 #ha1 or the ,longshore and ,harbor ,workers' ,compensation ,act1 provide as part of such notice and claim1 such identifying information 7including ,social ,security account number7 as such regulations may prescribe4 ,,special ,,benefits ,,for ,,disabled ,,coal ,,miners ,for carrying out title ,,iv of the ,federal ,mine ,safety and ,health ,act of #aigg1 as amended by ,public ,law #ajg-bge1 #dj1igj1jjj1 to remain available until expended4 ,for making after ,july #ca of the current fiscal year1 benefit payments to individuals under title ,,iv of such ,act1 for costs incurred in the current fiscal year1 such amounts as may be necessary4 ,for making benefit payments under title ,,iv for the first quarter of fiscal year #bjbb1 #ad1jjj1jjj1 to remain available until expended4 ,,administrative ,,expenses1 ,,energy ,,employees ,,occupational ,,illness ,,compensation ,,fund ,for necessary expenses to administer the ,energy ,employees ,occupational ,illness ,compensation ,program ,act1 #fb1ejg1jjj1 to remain available until expended3 ,provided1 ,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 7including ,social ,security account number7 as may be prescribed4 ,,black ,,lung ,,disability ,,trust ,,fund 7,,including ,,transfer ,,of ,,funds7 ,such sums as may be necessary from the ,black ,lung ,disability ,trust ,fund 7the ,fund71 to remain available until expended1 for payment of all benefits authorized by section #ieja7;d77#a71 7#b71 7#f71 and 7#g7 of the ,internal ,revenue ,code of #aihf2 and repayment of1 and payment of interest on advances1 as authorized by section #ieja7;d77#d7 of that ,act4 ,in addition1 the following amounts may be expended from the ,fund for fiscal year #bjba for expenses of operation and administration of the ,black ,lung ,benefits program1 as authorized by section #ieja7;d77#e73 not to exceed #dj1fdc1jjj for transfer to the ,office of ,workers' ,compensation ,programs1 ,salaries and ,expenses2 not to exceed #cc1jcc1jjj for transfer to ,departmental ,management1 ,salaries and ,expenses2 not to exceed #ccc1jjj for transfer to ,departmental ,management1 ,office of ,inspector ,general2 and not to exceed #cef1jjj for payments into miscellaneous receipts for the expenses of the ,department of the ,treasury4 ,occupational safety and health administration ,,salaries ,,and ,,expenses ,for necessary expenses for the ,occupational ,safety and ,health ,administration1 #eia1ghg1jjj1 including not to exceed #aaj1jge1jjj which shall be the maximum amount available for grants to ,states under section #bc7;g7 of the ,occupational ,safety and ,health ,act 7the ,act71 which grants shall be no less than #ej percent of the costs of ,state occupational safety and health programs required to be incurred under plans approved by the ,secretary under section #ah of the ,act2 and1 in addition1 notwithstanding #ca ,u4,s4,c4 #ccjb1 the ,occupational ,safety and ,health ,administration may retain up to #dii1jjj per fiscal year of training institute course tuition and fees1 otherwise authorized by law to be collected1 and may utilize such sums for occupational safety and health training and education3 ,provided1 ,that notwithstanding #ca ,u4,s4,c4 #ccjb1 the ,secretary is authorized1 during the fiscal year ending ,september #cj1 #bjba1 to collect and retain fees for services provided to ,nationally ,recognized ,testing ,laboratories1 and may utilize such sums1 in accordance with the provisions of #bi ,u4,s4,c4 #i;a1 to administer national and international laboratory recognition programs that ensure the safety of equipment and products used by workers in the workplace3 ,provided further1 ,that none of the funds appropriated under this paragraph shall be obligated or expended to prescribe1 issue1 administer1 or enforce any standard1 rule1 regulation1 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 #aj or fewer employees3 ,provided further1 ,that no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard1 rule1 regulation1 or order under the ,act with respect to any employer of #aj or fewer employees who is included within a category having a ,days ,away1 ,restricted1 or ,transferred 7,,dart7 occupational injury and illness rate1 at the most precise industrial classification code for which such data are published1 less than the national average rate as such rates are most recently published by the ,secretary1 acting through the ,bureau of ,labor ,statistics1 in accordance with section #bd of the ,act1 except-- 7#a7 to provide1 as authorized by the ,act1 consultation1 technical assistance1 educational and training services1 and to conduct surveys and studies2 7#b7 to conduct an inspection or investigation in response to an employee complaint1 to issue a citation for violations found during such inspection1 and to assess a penalty for violations which are not corrected within a reasonable abatement period and for any willful violations found2 7#c7 to take any action authorized by the ,act with respect to imminent dangers2 7#d7 to take any action authorized by the ,act with respect to health hazards2 7#e7 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 employees1 and to take any action pursuant to such investigation authorized by the ,act2 and 7#f7 to take any action authorized by the ,act with respect to complaints of discrimination against employees for exercising rights under the ,act3 ,provided further1 ,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 #aj or fewer employees3 ,provided further1 ,that #aa1ghg1jjj shall be available for ,susan ,harwood training grants1 of which not less than #d1ejj1jjj is for ,susan ,harwood ,training ,capacity ,building ,developmental grants1 as described in ,funding ,opportunity ,number ,,shtg-,,fy-#af-jb 7referenced in the notice of availability of funds published in the ,federal ,register on ,may #c1 #bjaf 7#ha ,fed4 ,reg4 #cjefh77 for program activities starting not later than ,september #cj1 #bjba and lasting for a period of #ab months3 ,provided further1 ,that not less than #c1ejj1jjj shall be for ,voluntary ,protection ,programs4 ,mine safety and health administration ,,salaries ,,and ,,expenses ,for necessary expenses for the ,mine ,safety and ,health ,administration1 #cgi1haf1jjj1 including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work1 and the hire of passenger motor vehicles1 including up to #b1jjj1jjj for mine rescue and recovery activities and not less than #aj1ecg1jjj for ,state assistance grants3 ,provided1 ,that notwithstanding #ca ,u4,s4,c4 #ccjb1 not to exceed #gej1jjj may be collected by the ,national ,mine ,health and ,safety ,academy for room1 board1 tuition1 and the sale of training materials1 otherwise authorized by law to be collected1 to be available for mine safety and health education and training activities3 ,provided further1 ,that notwithstanding #ca ,u4,s4,c4 #ccjb1 the ,mine ,safety and ,health ,administration is authorized to collect and retain up to #b1dii1jjj from fees collected for the approval and certification of equipment1 materials1 and explosives for use in mines1 and may utilize such sums for such activities3 ,provided further1 ,that the ,secretary is authorized to accept lands1 buildings1 equipment1 and other contributions from public and private sources and to prosecute projects in cooperation with other agencies1 ,federal1 ,state1 or private3 ,provided further1 ,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 ,states1 industry1 and safety associations3 ,provided further1 ,that the ,secretary is authorized to recognize the ,joseph ,a4 ,holmes ,safety ,association as a principal safety association and1 notwithstanding any other provision of law1 may provide funds and1 with or without reimbursement1 personnel1 including service of ,mine ,safety and ,health ,administration officials as officers in local chapters or in the national organization3 ,provided further1 ,that any funds available to the ,department of ,labor may be used1 with the approval of the ,secretary1 to provide for the costs of mine rescue and survival operations in the event of a major disaster4 ,bureau of labor statistics ,,salaries ,,and ,,expenses ,for necessary expenses for the ,bureau of ,labor ,statistics1 including advances or reimbursements to ,state1 ,federal1 and local agencies and their employees for services rendered1 #ehg1jjj1jjj1 together with not to exceed #fh1jjj1jjj which may be expended from the ,employment ,security ,administration account in the ,unemployment ,trust ,fund4 ,within this amount1 #ac1jjj1jjj to remain available until ,september #cj1 #bjbd1 for costs associated with the physical move of the ,bureau of ,labor ,statistics' headquarters1 including replication of space1 furniture1 fixtures1 equipment1 and related costs1 as well as relocation of the data center to a shared facility4 ,office of disability employment policy ,,salaries ,,and ,,expenses ,for necessary expenses for the ,office of ,disability ,employment ,policy to provide leadership1 develop policy and initiatives1 and award grants furthering the objective of eliminating barriers to the training and employment of people with disabilities1 #ch1ejj1jjj4 ,departmental ,management ,,salaries ,,and ,,expenses 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses for ,departmental ,management1 including the hire of three passenger motor vehicles1 #cdi1jef1jjj1 together with not to exceed #cjh1jjj1 which may be expended from the ,employment ,security ,administration account in the ,unemployment ,trust ,fund3 ,provided1 ,that #fg1cbe1jjj for the ,bureau of ,international ,labor ,affairs shall be available for obligation through ,december #ca1 #bjba3 ,provided further1 ,that funds available to the ,bureau of ,international ,labor ,affairs may be used to administer or operate international labor activities1 bilateral and multilateral technical assistance1 and microfinance programs1 by or through contracts1 grants1 subgrants and other arrangements3 ,provided further1 ,that not more than #ec1hbe1jjj shall be for programs to combat exploitative child labor internationally and not less than #ac1ejj1jjj 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 programs3 ,provided further1 ,that #h1jdj1jjj shall be used for program evaluation and shall be available for obligation through ,september #cj1 #bjbb3 ,provided further1 ,that funds available for program evaluation may be used to administer grants for the purpose of evaluation3 ,provided further1 ,that grants made for the purpose of evaluation shall be awarded through fair and open competition3 ,provided further1 ,that funds available for program evaluation may be transferred to any other appropriate account in the ,department for such purpose3 ,provided further1 ,that the ,committees on ,appropriations of the ,house of ,representatives and the ,senate are notified at least #ae days in advance of any transfer3 ,provided further1 ,that the funds available to the ,women's ,bureau may be used for grants to serve and promote the interests of women in the workforce3 ,provided further1 ,that of the amounts made available to the ,women's ,bureau1 not less than #a1gid1jjj shall be used for grants authorized by the ,women in ,apprenticeship and ,nontraditional ,occupations ,act4 ,,veterans' ,,employment ,,and ,,training ,not to exceed #beh1hda1jjj may be derived from the ,employment ,security ,administration account in the ,unemployment ,trust ,fund to carry out the provisions of chapters #da1 #db1 and #dc of title #ch1 ,united ,states ,code1 of which-- 7#a7 #ahj1jjj1jjj is for ,jobs for ,veterans ,state grants under #ch ,u4,s4,c4 #dajb;,a7b77#e7 to support disabled veterans' outreach program specialists under section #dajc;,a of such title and local veterans' employment representatives under section #dajd7;b7 of such title1 and for the expenses described in section #dajb;,a7b77#e77;,c71 which shall be available for expenditure by the ,states through ,september #cj1 #bjbc1 and not to exceed #c percent for the necessary ,federal expenditures for data systems and contract support to allow for the tracking of participant and performance information3 ,provided1 ,that1 in addition1 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 services1 to members of the ,armed ,forces who are wounded1 ill1 or injured and receiving treatment in military treatment facilities or warrior transition units1 and to the spouses or other family caregivers of such wounded1 ill1 or injured members2 7#b7 #ca1cgi1jjj is for carrying out the ,transition ,assistance ,program under #ch ,u4,s4,c4 #daac and #aj ,u4,s4,c4 #aadd2 7#c7 #dd1jdh1jjj is for ,federal administration of chapters #da1 #db1 and #dc of title #ch1 and sections #bjba1 #bjba;,a and #bjbc of title #ch1 ,united ,states ,code3 ,provided1 ,that1 up to #ejj1jjj may be used to carry out the ,hire ,,vets ,act 7division ,o of ,public ,law #aae-ca72 and 7#d7 #c1dad1jjj is for the ,national ,veterans' ,employment and ,training ,services ,institute under #ch ,u4,s4,c4 #daji3 ,provided1 ,that the ,secretary may reallocate among the appropriations provided under paragraphs 7#a7 through 7#d7 above an amount not to exceed #c percent of the appropriation from which such reallocation is made4 ,in addition1 from the ,general ,fund of the ,treasury1 #eg1ejj1jjj is for carrying out programs to assist homeless veterans and veterans at risk of homelessness who are transitioning from certain institutions under sections #bjba1 #bjba;,a1 and #bjbc of title #ch1 ,united ,states ,code3 ,provided1 ,that notwithstanding subsections 7c77#c7 and 7d7 of section #bjbc1 the ,secretary may award grants through ,september #cj1 #bjba1 to provide services under such section3 ,provided further1 ,that services provided under sections #bjba or under #bjba;,a may include1 in addition to services to homeless veterans described in section #bjjb7;a77#a71 services to veterans who were homeless at some point within the #fj days prior to program entry or veterans who are at risk of homelessness within the next #fj days1 and that services provided under section #bjbc may include1 in addition to services to the individuals described in subsection 7e7 of such section1 services to veterans recently released from incarceration who are at risk of homelessness3 ,provided further1 ,that notwithstanding paragraph 7#c7 under this heading1 funds appropriated in this paragraph may be used for data systems and contract support to allow for the tracking of participant and performance information3 ,provided further1 ,that notwithstanding sections #bjba7;e77#b7 and #bjba;,a7f77#b7 of title #ch1 ,united ,states ,code1 such funds shall be available for expenditure pursuant to #ca ,u4,s4,c4 #aeec4 ,in addition1 fees may be assessed and deposited in the ,,hire ,vets ,medallion ,award ,fund pursuant to section #e7;b7 of the ,,hire ,vets ,act1 and such amounts shall be available to the ,secretary to carry out the ,,hire ,vets ,medallion ,award ,program1 as authorized by such ,act1 and shall remain available until expended3 ,provided1 ,that such sums shall be in addition to any other funds available for such purposes1 including funds available under paragraph 7#c7 of this heading3 ,provided further1 ,that section #b7;d7 of division ,o of the ,consolidated ,appropriations ,act1 #bjag 7,public ,law #aae-ca2 #ch ,u4,s4,c4 #dajj note7 shall not apply4 ,,it ,,modernization ,for necessary expenses for ,department of ,labor centralized infrastructure technology investment activities related to support systems and modernization1 #bg1bfi1jjj1 which shall be available through ,september #cj1 #bjbb4 ,,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 #aigh1 #he1ahg1jjj1 together with not to exceed #e1ffj1jjj which may be expended from the ,employment ,security ,administration account in the ,unemployment ,trust ,fund4 ,general provisions #aja4 ,none of the funds appropriated by this ,act for the ,job ,corps shall be used to pay the salary and bonuses of an individual1 either as direct costs or any proration as an indirect cost1 at a rate in excess of ,executive ,level ,,ii4 7,,transfer ,,of ,,funds7 #ajb4 ,not to exceed #a percent of any discretionary funds 7pursuant to the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe7 which are appropriated for the current fiscal year for the ,department of ,labor in this ,act may be transferred between a program1 project1 or activity1 but no such program1 project1 or activity shall be increased by more than #c percent by any such transfer3 ,provided1 ,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 ,act3 ,provided further1 ,that the ,committees on ,appropriations of the ,house of ,representatives and the ,senate are notified at least #ae days in advance of any transfer4 #ajc4 ,in accordance with ,executive ,order #acabf1 none of the funds appropriated or otherwise made available pursuant to this ,act shall be obligated or expended for the procurement of goods mined1 produced1 manufactured1 or harvested or services rendered1 in whole or in part1 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 ,act4 #ajd4 ,except as otherwise provided in this section1 none of the funds made available to the ,department of ,labor for grants under section #dad7;c7 of the ,american ,competitiveness and ,workforce ,improvement ,act of #aiih 7#bi ,u4,s4,c4 #biaf;a7 may be used for any purpose other than competitive grants for training individuals who are older than #af 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-#a;,b visas to hire foreign workers1 and the related activities necessary to support such training4 #aje4 ,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 individual1 either as direct costs or indirect costs1 at a rate in excess of ,executive ,level ,,ii4 ,this limitation shall not apply to vendors providing goods and services as defined in ,office of ,management and ,budget ,circular ,a-#acc4 ,where ,states are recipients of such funds1 ,states may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds1 taking into account factors including the relative cost-of-living in the ,state1 the compensation levels for comparable ,state or local government employees1 and the size of the organizations that administer ,federal programs involved including ,employment and ,training ,administration programs4 7,,transfer ,,of ,,funds7 #ajf4 7a7 ,notwithstanding section #ajb1 the ,secretary may transfer funds made available to the ,employment and ,training ,administration by this ,act1 either directly or through a set-aside1 for technical assistance services to grantees to ,program ,administration when it is determined that those services will be more efficiently performed by ,federal employees3 ,provided1 ,that this section shall not apply to section #aga of the ,,wioa4 7b7 ,notwithstanding section #ajb1 the ,secretary may transfer not more than #j4e 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 appropriations3 ,provided1 ,that notwithstanding section #ajb and the preceding proviso1 the ,secretary may transfer not more than #j4e percent of funds made available in paragraphs 7#a7 and 7#b7 of the ,office of ,job ,corps account to paragraph 7#c7 of such account to carry out program integrity activities related to the ,job ,corps program3 ,provided further1 ,that funds transferred under the authority provided by this subsection shall be available for obligation through ,september #cj1 #bjbb4 7,,transfer ,,of ,,funds7 #ajg4 7a7 ,the ,secretary may reserve not more than #j4ge percent from each appropriation made available in this ,act identified in subsection 7b7 in order to carry out evaluations of any of the programs or activities that are funded under such accounts4 ,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 ,labor1 and shall be available for obligation through ,september #cj1 #bjbb3 ,provided1 ,that such funds shall only be available if the ,chief ,evaluation ,officer of the ,department of ,labor submits a plan to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate describing the evaluations to be carried out #ae days in advance of any transfer4 7b7 ,the accounts referred to in subsection 7a7 are3 ,training and ,employment ,services1 ,job ,corps1 ,community ,service ,employment for ,older ,americans1 ,state ,unemployment ,insurance and ,employment ,service ,operations1 ,employee ,benefits ,security ,administration1 ,office of ,workers' ,compensation ,programs1 ,wage and ,hour ,division1 ,office of ,federal ,contract ,compliance ,programs1 ,office of ,labor ,management ,standards1 ,occupational ,safety and ,health ,administration1 ,mine ,safety and ,health ,administration1 ,office of ,disability ,employment ,policy1 funding made available to the ,bureau of ,international ,labor ,affairs and ,women's ,bureau within the ,departmental ,management1 ,salaries and ,expenses account1 and ,veterans' ,employment and ,training4 #ajh4 7a7 ,section #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg7 shall be applied as if the following text is part of such section3 7s7 7#a7 ,the provisions of this section shall not apply for a period of #b years after the occurrence of a major disaster to any employee-- 7,a7 employed to adjust or evaluate claims resulting from or relating to such major disaster1 by an employer not engaged1 directly or through an affiliate1 in underwriting1 selling1 or marketing property1 casualty1 or liability insurance policies or contracts2 7,b7 who receives from such employer on average weekly compensation of not less than #eia4jj per week or any minimum weekly amount established by the ,secretary1 whichever is greater1 for the number of weeks such employee is engaged in any of the activities described in subparagraph 7,c72 and 7,c7 whose duties include any of the following3 7i7 interviewing insured individuals1 individuals who suffered injuries or other damages or losses arising from or relating to a disaster1 witnesses1 or physicians2 7ii7 inspecting property damage or reviewing factual information to prepare damage estimates2 7iii7 evaluating and making recommendations regarding coverage or compensability of claims or determining liability or value aspects of claims2 7iv7 negotiating settlements2 or 7v7 making recommendations regarding litigation4 7#b7 ,the exemption in this subsection shall not affect the exemption provided by section #ac7;a77#a74 7#c7 ,for purposes of this subsection-- 7,a7 the term major disaster means any disaster or catastrophe declared or designated by any ,state or ,federal agency or department2 7,b7 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 7i7 through 7v7 of paragraph 7#a77;,c7 relating to a major disaster1 and is employed by an employer that maintains worker compensation insurance coverage or protection for its employees1 if required by applicable law1 and withholds applicable ,federal1 ,state1 and local income and payroll taxes from the wages1 salaries and any benefits of such employees2 and 7,c7 the term affiliate means a company that1 by reason of ownership or control of #be percent or more of the outstanding shares of any class of voting securities of one or more companies1 directly or indirectly1 controls1 is controlled by1 or is under common control with1 another company4 4 7b7 ,this section shall be effective on the date of enactment of this ,act4 #aji4 7a7 ,flexibility with respect to the crossing of ,h-#b;,b nonimmigrants working in the seafood industry 7#a7 ,in general ,subject to paragraph 7#b71 if a petition for ,h-#b;,b nonimmigrants filed by an employer in the seafood industry is granted1 the employer may bring the nonimmigrants described in the petition into the ,united ,states at any time during the #abj-;day period beginning on the start date for which the employer is seeking the services of the nonimmigrants without filing another petition4 7#b7 ,requirements for crossings after #ijth day ,an employer in the seafood industry may not bring ,h-#b;,b nonimmigrants into the ,united ,states after the date that is #ij days after the start date for which the employer is seeking the services of the nonimmigrants unless the employer-- 7,a7 completes a new assessment of the local labor market by-- 7i7 listing job orders in local newspapers on #b separate ,sundays2 and 7ii7 posting the job opportunity on the appropriate ,department of ,labor ,electronic ,job ,registry and at the employer's place of employment2 and 7,b7 offers the job to an equally or better qualified ,united ,states worker who-- 7i7 applies for the job2 and 7ii7 will be available at the time and place of need4 7#c7 ,exemption from rules with respect to staggering ,the ,secretary of ,labor shall not consider an employer in the seafood industry who brings ,h-#b;,b nonimmigrants into the ,united ,states during the #abj-;day period specified in paragraph 7#a7 to be staggering the date of need in violation of section #fee4bj7;d7 of title #bj1 ,code of ,federal ,regulations1 or any other applicable provision of law4 7b7 ,h-#b;,b nonimmigrants defined ,in this section1 the term ,h-#b;,b nonimmigrants means aliens admitted to the ,united ,states pursuant to section #aja7;a77#ae77;,h77ii77,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77,b774 #aaj4 ,the determination of prevailing wage for the purposes of the ,h-#b;,b program shall be the greater of--7#a7 the actual wage level paid by the employer to other employees with similar experience and qualifications for such position in the same location2 or 7#b7 the prevailing wage level for the occupational classification of the position in the geographic area in which the ,h-#b;,b nonimmigrant will be employed1 based on the best information available at the time of filing the petition4 ,in the determination of prevailing wage for the purposes of the ,h-#b;,b program1 the ,secretary shall accept private wage surveys even in instances where ,occupational ,employment ,statistics survey data are available unless the ,secretary determines that the methodology and data in the provided survey are not statistically supported4 #aaa4 ,none of the funds in this ,act shall be used to enforce the definition of corresponding employment found in #bj ,,cfr #fee4e or the three-fourths guarantee rule definition found in #bj ,,cfr #fee4bj1 or any references thereto4 ,further1 for the purpose of regulating admission of temporary workers under the ,h-#b;,b program1 the definition of temporary need shall be that provided in #h ,,cfr #bad4b7;h77#f77;ii77,b74 #aab4 ,notwithstanding any other provision of law1 the ,secretary may furnish through grants1 cooperative agreements1 contracts1 and other arrangements1 up to #b1jjj1jjj of excess personal property1 at a value determined by the ,secretary1 to apprenticeship programs for the purpose of training apprentices in those programs4 #aac4 7a7 ,the ,act entitled ,an ,act to create a ,department of ,labor1 approved ,march #d1 #aiac 7#cg ,stat4 #gcf1 chapter #ada7 shall be applied as if the following text is part of such ,act3 #ab4 ,security detail 7a7 ,in general ,the ,secretary of ,labor is authorized to employ law enforcement officers or special agents to-- 7#a7 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 ,secretary2 7#b7 provide protection1 incidental to the protection provided to the ,secretary1 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 ,secretary2 7#c7 provide continuous protection to the ,secretary 7including during periods not described in paragraph 7#a77 and to the members of the immediate family of the ,secretary if there is a unique and articulable threat of physical harm1 in accordance with guidelines established by the ,secretary2 and 7#d7 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 harm1 in accordance with guidelines established by the ,secretary4 7b7 ,authorities ,the ,secretary of ,labor may authorize a law enforcement officer or special agent employed under subsection 7a71 for the purpose of performing the duties authorized under subsection 7a71 to-- 7#a7 carry firearms2 7#b7 make arrests without a warrant for any offense against the ,united ,states committed in the presence of such officer or special agent2 7#c7 perform protective intelligence work1 including identifying and mitigating potential threats and conducting advance work to review security matters relating to sites and events2 7#d7 coordinate with local law enforcement agencies2 and 7#e7 initiate criminal and other investigations into potential threats to the security of the ,secretary1 in coordination with the ,inspector ,general of the ,department of ,labor4 7c7 ,compliance with guidelines ,a law enforcement officer or special agent employed under subsection 7a7 shall exercise any authority provided under this section in accordance with any-- 7#a7 guidelines issued by the ,attorney ,general2 and 7#b7 guidelines prescribed by the ,secretary of ,labor4 4 7b7 ,this section shall be effective on the date of enactment of this ,act4 #aad4 ,the ,secretary is authorized to dispose of or divest1 by any means the ,secretary determines appropriate1 including an agreement or partnership to construct a new ,job ,corps center1 all or a portion of the real property on which the ,treasure ,island ,job ,corps ,center is situated4 ,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 property1 including but not limited to subchapter ,,iii of chapter #e of title #dj of the ,united ,states ,code and subchapter ,v of chapter #aai of title #db of the ,united ,states ,code4 ,the net proceeds of such a sale shall be transferred to the ,secretary1 which shall be available until expended to carry out the ,job ,corps ,program on ,treasure ,island4 7,,rescission7 #aae4 7a7 ,of the unobligated funds available under section #bhf7s7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7s77 in an amount that is equal to the amount that became available on ,october #a1 #bjbj1 pursuant to the temporary rescission in section #aae of division ,a of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id71 #aej1jjj1jjj are hereby permanently rescinded1 as follows3 #ge1jjj1jjj from the unobligated funds available under section #bhf7s77#b7 of such ,act2 #de1jjj1jjj from the unobligated funds available under section #bhf7s77#c7 of such ,act2 #ae1jjj1jjj from the unobligated funds available under section #bhf7s77#d7 of such ,act2 #g1ejj1jjj from the unobligated funds available under section #bhf7s77#e7 of such ,act2 and #g1ejj1jjj from the unobligated funds available under section #bhf7s77#f7 of such ,act4 7b7 ,of the unobligated funds available under section #bhf7s77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7s77#b771 and in addition to the amounts rescinded in subsection 7a71 #bhe1jjj1jjj are hereby permanently rescinded not later than ,september #cj1 #bjba4 #aaf4 ,none of the funds made available by this ,act may be used to-- 7#a7 alter or terminate the ,interagency ,agreement between the ,united ,states ,department of ,labor and the ,united ,states ,department of ,agriculture2 or 7#b7 close any of the ,civilian ,conservation ,centers1 except if such closure is necessary to prevent the endangerment of the health and safety of the students1 the capacity of the program is retained1 and the requirements of section #aei7;j7 of the ,,wioa are met4 #aag4 ,paragraph 7#a7 under the heading ,department of ,labor--,veterans ,employment and ,training of title ,i of division ,a of ,public ,law #aaf-id is amended by striking obligation by the ,states through ,december #ca1 #bjbj and inserting expenditure by the ,states through ,september #cj1 #bjbb4 #aah4 ,the amounts provided by the first proviso following paragraph 7#f7 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 #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,this title may be cited as the ,department of ,labor ,appropriations ,act1 #bjba4 ,,ii ,,department ,,of ,,health ,,and ,,human ,,services ,health ,resources and ,services ,administration ,,primary ,,health ,,care ,for carrying out titles ,,ii and ,,iii of the ,public ,health ,service ,act 7referred to in this ,act as the ,,phs ,act7 with respect to primary health care and the ,native ,hawaiian ,health ,care ,act of #aihh1 #a1fhc1ggb1jjj3 ,provided1 ,that no more than #a1jjj1jjj shall be available until expended for carrying out the provisions of section #bbd7o7 of the ,,phs ,act3 ,provided further1 ,that no more than #abj1jjj1jjj shall be available until expended for carrying out subsections 7g7 through 7n7 and 7q7 of section #bbd of the ,,phs ,act1 and for expenses incurred by the ,department of ,health and ,human ,services 7referred to in this ,act as ,,hhs7 pertaining to administrative claims made under such law4 ,,health ,,workforce ,for carrying out titles ,,iii1 ,,vii1 and ,,viii of the ,,phs ,act with respect to the health workforce1 sections #aabh;,e and #aiba of the ,social ,security ,act1 and the ,health ,care ,quality ,improvement ,act of #aihf1 #a1bbd1jjf1jjj3 ,provided1 ,that sections #gea7;j77#b7 and #gfb7k7 of the ,,phs ,act and the proportional funding amounts in paragraphs 7#a7 through 7#d7 of section #gef7;f7 of the ,,phs ,act shall not apply to funds made available under this heading3 ,provided further1 ,that for any program operating under section #gea of the ,,phs ,act on or before ,january #a1 #bjji1 the ,secretary of ,health and ,human ,services 7referred to in this title as the ,secretary7 may hereafter waive any of the requirements contained in sections #gea7;d77#b77;,a7 and #gea7;d77#b77;,b7 of such ,act for the full project period of a grant under such section3 ,provided further1 ,that no funds shall be available for section #cdj;,g-#a of the ,,phs ,act3 ,provided further1 ,that fees collected for the disclosure of information under section #dbg7;b7 of the ,health ,care ,quality ,improvement ,act of #aihf and sections #aabh;,e7d77#b7 and #aiba 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 ,bank3 ,provided further1 ,that funds transferred to this account to carry out section #hdf and subpart #c 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 subpart3 ,provided further1 ,that #abj1jjj1jjj shall remain available until expended for the purposes of providing primary health services1 assigning ,national ,health ,service ,corps 7,,nhsc7 members to expand the delivery of substance use disorder treatment services1 notwithstanding the assignment priorities and limitations under sections #ccc7;a77#a77;,d71 #ccc7;b71 and #ccc;,a7a77#a77;,b77ii7 of the ,,phs ,act1 and making payments under the ,,nhsc ,loan ,repayment ,program under section #cch;,b of such ,act3 ,provided further1 ,that1 within the amount made available in the previous proviso1 #ae1jjj1jjj shall remain available until expended for the purposes of making payments under the ,,nhsc ,loan ,repayment ,program under section #cch;,b of the ,,phs ,act to individuals participating in such program who provide primary health services in ,indian ,health ,service facilities1 ,tribally-,operated #fch ,health ,programs1 and ,urban ,indian ,health ,programs 7as those terms are defined by the ,secretary71 notwithstanding the assignment priorities and limitations under section #ccc7;b7 of such ,act3 ,provided further1 ,that for purposes of the previous two provisos1 section #cca7;a77#c77;,d7 of the ,,phs ,act shall be applied as if the term primary health services includes clinical substance use disorder treatment services1 including those provided by masters level1 licensed substance use disorder treatment counselors3 ,provided further1 ,that of the funds made available under this heading1 #e1jjj1jjj shall be available to make grants to establish or expand optional community-based nurse practitioner fellowship programs that are accredited or in the accreditation process1 with a preference for those in ,federally ,qualified ,health ,centers1 for practicing postgraduate nurse practitioners in primary care or behavioral health4 ,of the funds made available under this heading1 #ej1jjj1jjj shall remain available until expended for grants to public institutions of higher education to expand or support graduate education for physicians provided by such institutions3 ,provided1 ,that1 in awarding such grants1 the ,secretary shall give priority to public institutions of higher education located in ,states with a projected primary care provider shortage in #bjbe1 as determined by the ,secretary3 ,provided further1 ,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 #bjbe1 as determined by the ,secretary3 ,provided further1 ,that the minimum amount of a grant so awarded to such an institution shall be not less than #a1jjj1jjj per year3 ,provided further1 ,that such a grant may be awarded for a period not to exceed #e years3 ,provided further1 ,that amounts made available in this paragraph shall be awarded as supplemental grants to recipients of grants awarded for this purpose in fiscal years #bjai and #bjbj1 pursuant to the terms and conditions of each institution's initial grant agreement1 in an amount for each institution that will result in every institution being awarded the same total grant amount over fiscal years #bjai through #bjba1 provided the institution can justify the expenditure of such funds3 ,provided further1 ,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 #aj percent of the total amount of ,federal funds provided in the grant to such institution with respect to such year4 ,,maternal ,,and ,,child ,,health ,for carrying out titles ,,iii1 ,,xi1 ,,xii1 and ,,xix of the ,,phs ,act with respect to maternal and child health and title ,v of the ,social ,security ,act1 #ige1bhd1jjj3 ,provided1 ,that notwithstanding sections #ejb7;a77#a7 and #ejb7;b77#a7 of the ,social ,security ,act1 not more than #aci1aaf1jjj shall be available for carrying out special projects of regional and national significance pursuant to section #eja7;a77#b7 of such ,act and #aj1bgf1jjj shall be available for projects described in subparagraphs 7,a7 through 7,f7 of section #eja7;a77#c7 of such ,act4 ,,ryan ,,white ,,hiv_/,,aids ,,program ,for carrying out title ,,xxvi of the ,,phs ,act with respect to the ,ryan ,white ,,hiv_/,,aids program1 #b1dbc1gha1jjj1 of which #a1igj1hha1jjj shall remain available to the ,secretary through ,september #cj1 #bjbc1 for parts ,a and ,b of title ,,xxvi of the ,,phs ,act1 and of which not less than #ijj1cac1jjj shall be for ,state ,,aids ,drug ,assistance ,programs under the authority of section #bfaf or #caa7;c7 of such ,act2 and of which #aje1jjj1jjj1 to remain available until expended1 shall be available to the ,secretary for carrying out a program of grants and contracts under title ,,xxvi or section #caa7;c7 of such ,act focused on ending the nationwide ,,hiv_/,,aids epidemic1 with any grants issued under such section #caa7;c7 administered in conjunction with title ,,xxvi of the ,,phs ,act1 including the limitation on administrative expenses4 ,,health ,,care ,,systems ,for carrying out titles ,,iii and ,,xii of the ,,phs ,act with respect to health care systems1 and the ,stem ,cell ,therapeutic and ,research ,act of #bjje1 #abi1jic1jjj1 of which #abb1jjj shall be available until expended for facilities renovations at the ,gillis ,w4 ,long ,hansen's ,disease ,center4 ,,rural ,,health ,for carrying out titles ,,iii and ,,iv of the ,,phs ,act with respect to rural health1 section #dbg7;a7 of the ,federal ,coal ,mine ,health and ,safety ,act of #aifi1 and sections #gaa and #ahbj of the ,social ,security ,act1 #cbi1eai1jjj1 of which #ee1fji1jjj from general revenues1 notwithstanding section #ahbj7;j7 of the ,social ,security ,act1 shall be available for carrying out the ,medicare rural hospital flexibility grants program3 ,provided1 ,that of the funds made available under this heading for ,medicare rural hospital flexibility grants1 #bj1idb1jjj shall be available for the ,small ,rural ,hospital ,improvement ,grant ,program for quality improvement and adoption of health information technology and up to #a1jjj1jjj shall be to carry out section #ahbj7;g77#f7 of the ,social ,security ,act1 with funds provided for grants under section #ahbj7;g77#f7 available for the purchase and implementation of telehealth services1 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 system3 ,provided further1 ,that notwithstanding section #cch;,j7k7 of the ,,phs ,act1 #ab1ejj1jjj shall be available for ,state ,offices of ,rural ,health3 ,provided further1 ,that #aj1ejj1jjj shall remain available through ,september #cj1 #bjbc1 to support the ,rural ,residency ,development ,program3 ,provided further1 ,that #aaj1jjj1jjj shall be for the ,rural ,communities ,opioids ,response ,program4 ,,family ,,planning ,for carrying out the program under title ,x of the ,,phs ,act to provide for voluntary family planning projects1 #bhf1dgi1jjj3 ,provided1 ,that amounts provided to said projects under such title shall not be expended for abortions1 that all pregnancy counseling shall be nondirective1 and that such amounts shall not be expended for any activity 7including the publication or distribution of literature7 that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office4 ,,program ,,management ,for program support in the ,health ,resources and ,services ,administration1 #aee1cjj1jjj3 ,provided1 ,that funds made available under this heading may be used to supplement program support funding provided under the headings ,primary ,health ,care1 ,health ,workforce1 ,maternal and ,child ,health1 ,ryan ,white ,,hiv_/,,aids ,program1 ,health ,care ,systems1 and ,rural ,health4 ,,vaccine ,,injury ,,compensation ,,program ,,trust ,,fund ,for payments from the ,vaccine ,injury ,compensation ,program ,trust ,fund 7the ,trust ,fund71 such sums as may be necessary for claims associated with vaccine-related injury or death with respect to vaccines administered after ,september #cj1 #aihh1 pursuant to subtitle #b of title ,,xxi of the ,,phs ,act1 to remain available until expended3 ,provided1 ,that for necessary administrative expenses1 not to exceed #aa1bjj1jjj shall be available from the ,trust ,fund to the ,secretary4 ,centers for ,disease ,control and ,prevention ,,immunization ,,and ,,respiratory ,,diseases ,for carrying out titles ,,ii1 ,,iii1 ,,xvii1 and ,,xxi1 and section #bhba of the ,,phs ,act1 titles ,,ii and ,,iv of the ,immigration and ,nationality ,act1 and section #eja of the ,refugee ,education ,assistance ,act1 with respect to immunization and respiratory diseases1 #ddh1hje1jjj4 ,,hiv_/,,aids1 ,,viral ,,hepatitis1 ,,sexually ,,transmitted ,,diseases1 ,,and ,,tuberculosis ,,prevention ,for carrying out titles ,,ii1 ,,iii1 ,,xvii1 and ,,xxiii of the ,,phs ,act with respect to ,,hiv_/,,aids1 viral hepatitis1 sexually transmitted diseases1 and tuberculosis prevention1 #a1cad1jef1jjj4 ,,emerging ,,and ,,zoonotic ,,infectious ,,diseases ,for carrying out titles ,,ii1 ,,iii1 and ,,xvii1 and section #bhba of the ,,phs ,act1 titles ,,ii and ,,iv of the ,immigration and ,nationality ,act1 and section #eja of the ,refugee ,education ,assistance ,act1 with respect to emerging and zoonotic infectious diseases1 #eif1bgb1jjj3 ,provided1 ,that of the amounts made available under this heading1 up to #a1jjj1jjj shall remain available until expended to pay for the transportation1 medical care1 treatment1 and other related costs of persons quarantined or isolated under ,federal or ,state quarantine law4 ,,chronic ,,disease ,,prevention ,,and ,,health ,,promotion ,for carrying out titles ,,ii1 ,,iii1 ,,xi1 ,,xv1 ,,xvii1 and ,,xix of the ,,phs ,act with respect to chronic disease prevention and health promotion1 #a1jba1gad1jjj3 ,provided1 ,that funds made available under this heading may be available for making grants under section #aeji of the ,,phs ,act for not less than #ba ,states1 tribes1 or tribal organizations3 ,provided further1 ,that of the funds made available under this heading1 #ae1jjj1jjj shall be available to continue and expand community specific extension and outreach programs to combat obesity in counties with the highest levels of obesity3 ,provided further1 ,that the proportional funding requirements under section #aejc7;a7 of the ,,phs ,act shall not apply to funds made available under this heading4 ,,birth ,,defects1 ,,developmental ,,disabilities1 ,,disabilities ,,and ,,health ,for carrying out titles ,,ii1 ,,iii1 ,,xi1 and ,,xvii of the ,,phs ,act with respect to birth defects1 developmental disabilities1 disabilities and health1 #afg1haj1jjj4 ,,public ,,health ,,scientific ,,services ,for carrying out titles ,,ii1 ,,iii1 and ,,xvii of the ,,phs ,act with respect to health statistics1 surveillance1 health informatics1 and workforce development1 #eia1iig1jjj4 ,,environmental ,,health ,for carrying out titles ,,ii1 ,,iii1 and ,,xvii of the ,,phs ,act with respect to environmental health1 #bje1hej1jjj4 ,,injury ,,prevention ,,and ,,control ,for carrying out titles ,,ii1 ,,iii1 and ,,xvii of the ,,phs ,act with respect to injury prevention and control1 #fhb1hgi1jjj4 ,,national ,,institute ,,for ,,occupational ,,safety ,,and ,,health ,for carrying out titles ,,ii1 ,,iii1 and ,,xvii of the ,,phs ,act1 sections #aja1 #ajb1 #ajc1 #bja1 #bjb1 #bjc1 #cja1 and #eja of the ,federal ,mine ,safety and ,health ,act1 section #ac of the ,mine ,improvement and ,new ,emergency ,response ,act1 and sections #bj1 #ba1 and #bb of the ,occupational ,safety and ,health ,act1 with respect to occupational safety and health1 #cde1cjj1jjj4 ,,energy ,,employees ,,occupational ,,illness ,,compensation ,,program ,for necessary expenses to administer the ,energy ,employees ,occupational ,illness ,compensation ,program ,act1 #ee1ceh1jjj1 to remain available until expended3 ,provided1 ,that this amount shall be available consistent with the provision regarding administrative expenses in section #aea7;b7 of division ,b1 title ,i of ,public ,law #ajf-eed4 ,,global ,,health ,for carrying out titles ,,ii1 ,,iii1 and ,,xvii of the ,,phs ,act with respect to global health1 #eib1hdc1jjj1 of which3 7#a7 #abh1dba1jjj shall remain available through ,september #cj1 #bjbb for international ,,hiv_/,,aids2 and 7#b7 #aic1djj1jjj shall remain available through ,september #cj1 #bjbc for global disease detection and emergency response3 ,provided1 ,that funds may be used for purchase and insurance of official motor vehicles in foreign countries4 ,,public ,,health ,,preparedness ,,and ,,response ,for carrying out titles ,,ii1 ,,iii1 and ,,xvii of the ,,phs ,act with respect to public health preparedness and response1 and for expenses necessary to support activities related to countering potential biological1 nuclear1 radiological1 and chemical threats to civilian populations1 #hdb1bjj1jjj3 ,provided1 ,that the ,director of the ,centers for ,disease ,control and ,prevention 7referred to in this title as ,,cdc7 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 ,center1 so long as the ,director or ,administrator1 as applicable1 provides a notice to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate within #ae days of the use of this authority1 a full report within #cj 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 detailed1 and an update of such report every #ahj days until staff are no longer on detail without reimbursement to the ,,cdc ,emergency ,operations ,center4 ,,buildings ,,and ,,facilities 7,,including ,,transfer ,,of ,,funds7 ,for acquisition of real property1 equipment1 construction1 installation1 demolition1 and renovation of facilities1 #cj1jjj1jjj1 which shall remain available until ,september #cj1 #bjbe3 ,provided1 ,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 property1 provided that any improvements that are not adjacent to federally owned property do not exceed #b1ejj1jjj1 and that the primary benefit of such improvements accrues to ,,cdc3 ,provided further1 ,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 facility3 ,provided further1 ,that in addition1 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 facility4 ,,cdc-,,wide ,,activities ,,and ,,program ,,support 7,,including ,,transfer ,,of ,,funds7 ,for carrying out titles ,,ii1 ,,iii1 ,,xvii and ,,xix1 and section #bhba 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 ,prevention1 #abc1egj1jjj3 ,provided1 ,that paragraphs 7#a7 through 7#c7 of subsection 7b7 of section #bhba of the ,,phs ,act shall not apply to funds appropriated under this heading and in all other accounts of the ,,cdc3 ,provided further1 ,that of the amounts made available under this heading1 #aj1jjj1jjj1 to remain available until expended1 shall be available to the ,director of the ,,cdc for deposit in the ,infectious ,diseases ,rapid ,response ,reserve ,fund established by section #bca of division ,b of ,public ,law #aae-bde3 ,provided further1 ,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 emergencies3 ,provided further1 ,that employees of ,,cdc or the ,public ,health ,service1 both civilian and commissioned officers1 detailed to ,states1 municipalities1 or other organizations under authority of section #bad of the ,,phs ,act1 or in overseas assignments1 shall be treated as non-,federal employees for reporting purposes only and shall not be included within any personnel ceiling applicable to the ,agency1 ,service1 or ,,hhs during the period of detail or assignment3 ,provided further1 ,that ,,cdc may use up to #aj1jjj from amounts appropriated to ,,cdc in this ,act for official reception and representation expenses when specifically approved by the ,director of ,,cdc3 ,provided further1 ,that in addition1 such sums as may be derived from authorized user fees1 which shall be credited to the appropriation charged with the cost thereof3 ,provided further1 ,that with respect to the previous proviso1 authorized user fees from the ,vessel ,sanitation ,program and the ,respirator ,certification ,program shall be available through ,september #cj1 #bjbb4 ,national ,institutes of ,health ,,national ,,cancer ,,institute ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to cancer1 #f1cfd1heb1jjj1 of which up to #cj1jjj1jjj may be used for facilities repairs and improvements at the ,national ,cancer ,institute--,frederick ,federally ,funded ,research and ,development ,center in ,frederick1 ,maryland4 ,,national ,,heart1 ,,lung1 ,,and ,,blood ,,institute ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to cardiovascular1 lung1 and blood diseases1 and blood and blood products1 #c1ffd1haa1jjj4 ,,national ,,institute ,,of ,,dental ,,and ,,craniofacial ,,research ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to dental and craniofacial diseases1 #dhd1hfg1jjj4 ,,national ,,institute ,,of ,,diabetes ,,and ,,digestive ,,and ,,kidney ,,diseases ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to diabetes and digestive and kidney disease1 #b1aca1ige1jjj4 ,,national ,,institute ,,of ,,neurological ,,disorders ,,and ,,stroke ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to neurological disorders and stroke1 #b1dfc1cic1jjj4 ,,national ,,institute ,,of ,,allergy ,,and ,,infectious ,,diseases ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to allergy and infectious diseases1 #f1jfi1fai1jjj4 ,,national ,,institute ,,of ,,general ,,medical ,,sciences ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to general medical sciences1 #b1iia1dag1jjj1 of which #a1bga1eje1jjj shall be from funds available under section #bda of the ,,phs ,act3 ,provided1 ,that not less than #cif1egc1jjj is provided for the ,institutional ,development ,awards program4 ,,eunice ,,kennedy ,,shriver ,,national ,,institute ,,of ,,child ,,health ,,and ,,human ,,development ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to child health and human development1 #a1eij1ccg1jjj4 ,,national ,,eye ,,institute ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to eye diseases and visual disorders1 #hce1gad1jjj4 ,,national ,,institute ,,of ,,environmental ,,health ,,sciences ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to environmental health sciences1 #had1fge1jjj4 ,,national ,,institute ,,on ,,aging ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to aging1 #c1hii1bbg1jjj4 ,,national ,,institute ,,of ,,arthritis ,,and ,,musculoskeletal ,,and ,,skin ,,diseases ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to arthritis and musculoskeletal and skin diseases1 #fcd1bib1jjj4 ,,national ,,institute ,,on ,,deafness ,,and ,,other ,,communication ,,disorders ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to deafness and other communication disorders1 #dih1jgf1jjj4 ,,national ,,institute ,,of ,,nursing ,,research ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to nursing research1 #agd1ieg1jjj4 ,,national ,,institute ,,on ,,alcohol ,,abuse ,,and ,,alcoholism ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to alcohol abuse and alcoholism1 #eed1ibc1jjj4 ,,national ,,institute ,,on ,,drug ,,abuse ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to drug abuse1 #a1dgi1ffj1jjj4 ,,national ,,institute ,,of ,,mental ,,health ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to mental health1 #b1jec1gjh1jjj4 ,,national ,,human ,,genome ,,research ,,institute ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to human genome research1 #fae1ghj1jjj4 ,,national ,,institute ,,of ,,biomedical ,,imaging ,,and ,,bioengineering ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to biomedical imaging and bioengineering research1 #daj1gbh1jjj4 ,,national ,,center ,,for ,,complementary ,,and ,,integrative ,,health ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to complementary and integrative health1 #aed1afb1jjj4 ,,national ,,institute ,,on ,,minority ,,health ,,and ,,health ,,disparities ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to minority health and health disparities research1 #cij1hfe1jjj3 ,provided1 ,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 #cj days in advance4 ,,john ,e4 ,,fogarty ,,international ,,center ,for carrying out the activities of the ,john ,e4 ,fogarty ,international ,center 7described in subpart #b of part ,e of title ,,iv of the ,,phs ,act71 #hd1jdd1jjj4 ,,national ,,library ,,of ,,medicine ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to health information communications1 #dfc1ghg1jjj3 ,provided1 ,that of the amounts available for improvement of information systems1 #d1jjj1jjj shall be available until ,september #cj1 #bjbb3 ,provided further1 ,that in fiscal year #bjba1 the ,national ,library of ,medicine may enter into personal services contracts for the provision of services in facilities owned1 operated1 or constructed under the jurisdiction of the ,national ,institutes of ,health 7referred to in this title as ,,nih74 ,,national ,,center ,,for ,,advancing ,,translational ,,sciences ,for carrying out section #cja and title ,,iv of the ,,phs ,act with respect to translational sciences1 #hee1dba1jjj3 ,provided1 ,that up to #fj1jjj1jjj shall be available to implement section #dhj of the ,,phs ,act1 relating to the ,cures ,acceleration ,network3 ,provided further1 ,that at least #ehf1hda1jjj is provided to the ,clinical and ,translational ,sciences ,awards program4 ,,office ,,of ,,the ,,director 7,,including ,,transfer ,,of ,,funds7 ,for carrying out the responsibilities of the ,office of the ,director1 ,,nih1 #b1daa1aaj1jjj3 ,provided1 ,that funding shall be available for the purchase of not to exceed #bi passenger motor vehicles for replacement only3 ,provided further1 ,that all funds credited to the ,,nih ,management ,fund shall remain available for one fiscal year after the fiscal year in which they are deposited3 ,provided further1 ,that #ahj1jjj1jjj shall be for the ,environmental ,influences on ,child ,health ,outcomes study3 ,provided further1 ,that #fce1ici1jjj shall be available for the ,common ,fund established under section #djb;,a7c77#a7 of the ,,phs ,act3 ,provided further1 ,that of the funds provided1 #aj1jjj shall be for official reception and representation expenses when specifically approved by the ,director of the ,,nih3 ,provided further1 ,that the ,office of ,,aids ,research within the ,office of the ,director of the ,,nih may spend up to #h1jjj1jjj to make grants for construction or renovation of facilities as provided for in section #bced7;a77#e77;,b7 of the ,,phs ,act3 ,provided further1 ,that #ej1jjj1jjj shall be used to carry out section #djd;,i of the ,,phs ,act 7#db ,u4,s4,c4 #bhc,k71 relating to biomedical and behavioral research facilities3 ,provided further1 ,that #e1jjj1jjj shall be transferred to and merged with the appropriation for the ,office of ,inspector ,general for oversight of grant programs and operations of the ,,nih1 including agency efforts to ensure the integrity of its grant application evaluation and selection processes1 and shall be in addition to funds otherwise made available for oversight of the ,,nih3 ,provided further1 ,that the funds provided in the previous proviso may be transferred from one specified activity to another with #ae days prior approval of the ,committees on ,appropriations of the ,house of ,representatives and the ,senate3 ,provided further1 ,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 #bjba and #bjbb no later than #cj days after the date of enactment of this ,act4 ,in addition to other funds appropriated for the ,common ,fund established under section #djb;,a7c7 of the ,,phs ,act1 #ab1fjj1jjj is appropriated to the ,common ,fund from the #aj-year ,pediatric ,research ,initiative ,fund described in section #ijjh of title #bf1 ,united ,states ,code1 for the purpose of carrying out section #djb7;b77#g77;,b77ii7 of the ,,phs ,act 7relating to pediatric research71 as authorized in the ,gabriella ,miller ,kids ,first ,research ,act4 ,,buildings ,,and ,,facilities ,for the study of1 construction of1 demolition of1 renovation of1 and acquisition of equipment for1 facilities of or used by ,,nih1 including the acquisition of real property1 #bjj1jjj1jjj1 to remain available through ,september #cj1 #bjbe4 ,,nih ,,innovation ,,account1 ,,cures ,,act 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses to carry out the purposes described in section #ajja7;b77#d7 of the #bast ,century ,cures ,act1 in addition to amounts available for such purposes in the appropriations provided to the ,,nih in this ,act1 #djd1jjj1jjj1 to remain available until expended3 ,provided1 ,that such amounts are appropriated pursuant to section #ajja7;b77#c7 of such ,act1 are to be derived from amounts transferred under section #ajja7;b77#b77;,a7 of such ,act1 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 ,act3 ,provided further1 ,that upon a determination by the ,director that funds transferred pursuant to the previous proviso are not necessary for the purposes provided1 such amounts may be transferred back to the ,account3 ,provided further1 ,that the transfer authority provided under this heading is in addition to any other transfer authority provided by law4 ,substance ,abuse and ,mental ,health ,services ,administration ,,mental ,,health ,for carrying out titles ,,iii1 ,v1 and ,,xix of the ,,phs ,act with respect to mental health1 and the ,protection and ,advocacy for ,individuals with ,mental ,illness ,act1 #a1gei1bcf1jjj3 ,provided1 ,that of the funds made available under this heading1 #ga1hhg1jjj shall be for the ,national ,child ,traumatic ,stress ,initiative3 ,provided further1 ,that notwithstanding section #ebj;,a7f77#b7 of the ,,phs ,act1 no funds appropriated for carrying out section #ebj;,a shall be available for carrying out section #aiga of the ,,phs ,act3 ,provided further1 ,that in addition to amounts provided herein1 #ba1jci1jjj shall be available under section #bda of the ,,phs ,act to carry out subpart ,i of part ,b of title ,,xix of the ,,phs ,act to fund section #aibj7;b7 technical assistance1 national data1 data collection and evaluation activities1 and further that the total available under this ,act for section #aibj7;b7 activities shall not exceed #e percent of the amounts appropriated for subpart ,i of part ,b of title ,,xix3 ,provided further1 ,that of the funds made available under this heading for subpart ,i of part ,b of title ,,xix of the ,,phs ,act1 #ce1jjj1jjj shall be available to support evidence-based crisis systems3 ,provided further1 ,that up to #aj 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 #be years of age at clinical high risk of developing a first episode of psychosis3 ,provided further1 ,that section #ebj;,e7b77#b7 of the ,,phs ,act shall not apply to funds appropriated in this ,act for fiscal year #bjba3 ,provided further1 ,that ,states shall expend at least #aj percent of the amount each receives for carrying out section #aiaa of the ,,phs ,act to support evidence-based programs that address the needs of individuals with early serious mental illness1 including psychotic disorders1 regardless of the age of the individual at onset3 ,provided further1 ,that #bej1jjj1jjj shall be available until ,september #cj1 #bjbc for grants to communities and community organizations who meet criteria for ,certified ,community ,behavioral ,health ,clinics pursuant to section #bbc7;a7 of ,public ,law #aac-ic3 ,provided further1 ,that none of the funds provided for section #aiaa of the ,,phs ,act shall be subject to section #bda of such ,act3 ,provided further1 ,that of the funds made available under this heading1 #ba1jjj1jjj shall be to carry out section #bbd of the ,protecting ,access to ,medicare ,act of #bjad 7,public ,law #aac-ic2 #db ,u4,s4,c4 #bij;aa #bb note74 ,,substance ,,abuse ,,treatment ,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 prevention1 and the ,,support for ,patients and ,communities ,act1 #c1ggc1eef1jjj3 ,provided1 ,that #a1ejj1jjj1jjj 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 7#db ,u4,s4,c4 #cjjx-#ba et seq473 ,provided further1 ,that of such amount #ej1jjj1jjj shall be made available to ,indian ,tribes or tribal organizations3 ,provided further1 ,that #ae percent of the remaining amount shall be for the ,states with the highest mortality rate related to opioid use disorders3 ,provided further1 ,that of the amounts provided for ,state ,opioid ,response ,grants not more than #b percent shall be available for ,federal administrative expenses1 training1 technical assistance1 and evaluation3 ,provided further1 ,that of the amount not reserved by the previous three provisos1 the ,secretary shall make allocations to ,states1 territories1 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 deaths3 ,provided further1 ,that the ,secretary shall submit the formula methodology to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate not less than #ae days prior to publishing a ,funding ,opportunity ,announcement3 ,provided further1 ,that prevention and treatment activities funded through such grants may include education1 treatment 7including the provision of medication71 behavioral health services for individuals in treatment programs1 referral to treatment services1 recovery support1 and medical screening associated with such treatment3 ,provided further1 ,that each ,state1 as well as the ,district of ,columbia1 shall receive not less than #d1jjj1jjj3 ,provided further1 ,that in addition to amounts provided herein1 the following amounts shall be available under section #bda of the ,,phs ,act3 7#a7 #gi1bjj1jjj to carry out subpart ,,ii of part ,b of title ,,xix of the ,,phs ,act to fund section #aice7;b7 technical assistance1 national data1 data collection and evaluation activities1 and further that the total available under this ,act for section #aice7;b7 activities shall not exceed #e percent of the amounts appropriated for subpart ,,ii of part ,b of title ,,xix2 and 7#b7 #b1jjj1jjj to evaluate substance abuse treatment programs3 ,provided further1 ,that none of the funds provided for section #aiba of the ,,phs ,act or ,state ,opioid ,response ,grants shall be subject to section #bda of such ,act4 ,,substance ,,abuse ,,prevention ,for carrying out titles ,,iii and ,v of the ,,phs ,act with respect to substance abuse prevention1 #bjh1bai1jjj4 ,,health ,,surveillance ,,and ,,program ,,support ,for program support and cross-cutting activities that supplement activities funded under the headings ,mental ,health1 ,substance ,abuse ,treatment1 and ,substance ,abuse ,prevention in carrying out titles ,,iii1 ,v1 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 ,administration1 #abh1hcj1jjj3 ,provided1 ,that in addition to amounts provided herein1 #ca1dbh1jjj shall be available under section #bda of the ,,phs ,act to supplement funds available to carry out national surveys on drug abuse and mental health1 to collect and analyze program data1 and to conduct public awareness and technical assistance activities3 ,provided further1 ,that1 in addition1 fees may be collected for the costs of publications1 data1 data tabulations1 and data analysis completed under title ,v of the ,,phs ,act and provided to a public or private entity upon request1 which shall be credited to this appropriation and shall remain available until expended for such purposes3 ,provided further1 ,that amounts made available in this ,act for carrying out section #eja7o7 of the ,,phs ,act shall remain available through ,september #cj1 #bjbb3 ,provided further1 ,that funds made available under this heading may be used to supplement program support funding provided under the headings ,mental ,health1 ,substance ,abuse ,treatment1 and ,substance ,abuse ,prevention4 ,agency for ,healthcare ,research and ,quality ,,healthcare ,,research ,,and ,,quality ,for carrying out titles ,,iii and ,,ix of the ,,phs ,act1 part ,a of title ,,xi of the ,social ,security ,act1 and section #ajac of the ,medicare ,prescription ,drug1 ,improvement1 and ,modernization ,act of #bjjc1 #cch1jjj1jjj3 ,provided1 ,that section #idg7;c7 of the ,,phs ,act shall not apply in fiscal year #bjba3 ,provided further1 ,that in addition1 amounts received from ,freedom of ,information ,act fees1 reimbursable and interagency agreements1 and the sale of data shall be credited to this appropriation and shall remain available until ,september #cj1 #bjbb4 ,centers for ,medicare ,medicaid ,services ,,grants ,,to ,,states ,,for ,,medicaid ,for carrying out1 except as otherwise provided1 titles ,,xi and ,,xix of the ,social ,security ,act1 #cac1ijd1jih1jjj1 to remain available until expended4 ,for making1 after ,may #ca1 #bjba1 payments to ,states under title ,,xix or in the case of section #aibh on behalf of ,states under title ,,xix of the ,social ,security ,act for the last quarter of fiscal year #bjba for unanticipated costs incurred for the current fiscal year1 such sums as may be necessary4 ,for making payments to ,states or in the case of section #aibh on behalf of ,states under title ,,xix of the ,social ,security ,act for the first quarter of fiscal year #bjbb1 #adh1gcb1cae1jjj1 to remain available until expended4 ,payment under such title ,,xix may be made for any quarter with respect to a ,state plan or plan amendment in effect during such quarter1 if submitted in or prior to such quarter and approved in that or any subsequent quarter4 ,,payments ,,to ,,the ,,health ,,care ,,trust ,,funds ,for payment to the ,federal ,hospital ,insurance ,trust ,fund and the ,federal ,supplementary ,medical ,insurance ,trust ,fund1 as provided under sections #bag7;g71 #ahdd1 and #ahfj;,d-#af of the ,social ,security ,act1 sections #ajc7;c7 and #aaa7;d7 of the ,social ,security ,amendments of #aife1 section #bgh7;d77#c7 of ,public ,law #ig-bdh1 and for administrative expenses incurred pursuant to section #bja7;g7 of the ,social ,security ,act1 #dci1ead1jjj1jjj4 ,in addition1 for making matching payments under section #ahdd and benefit payments under section #ahfj;,d-#af of the ,social ,security ,act that were not anticipated in budget estimates1 such sums as may be necessary4 ,,program ,,management ,for carrying out1 except as otherwise provided1 titles ,,xi1 ,,xviii1 ,,xix1 and ,,xxi of the ,social ,security ,act1 titles ,,xiii and ,,xxvii of the ,,phs ,act1 the ,clinical ,laboratory ,improvement ,amendments of #aihh1 and other responsibilities of the ,centers for ,medicare ,medicaid ,services1 not to exceed #c1ffi1gdd1jjj1 to be transferred from the ,federal ,hospital ,insurance ,trust ,fund and the ,federal ,supplementary ,medical ,insurance ,trust ,fund1 as authorized by section #bja7;g7 of the ,social ,security ,act2 together with all funds collected in accordance with section #cec of the ,,phs ,act and section #aheg7;e77#b7 of the ,social ,security ,act1 funds retained by the ,secretary pursuant to section #ahic7;h7 of the ,social ,security ,act1 and such sums as may be collected from authorized user fees and the sale of data1 which shall be credited to this account and remain available until expended3 ,provided1 ,that all funds derived in accordance with #ca ,u4,s4,c4 #igja from organizations established under title ,,xiii of the ,,phs ,act shall be credited to and available for carrying out the purposes of this appropriation3 ,provided further1 ,that the ,secretary is directed to collect fees in fiscal year #bjba from ,medicare ,advantage organizations pursuant to section #aheg7;e77#b7 of the ,social ,security ,act and from eligible organizations with risk-sharing contracts under section #ahgf of that ,act pursuant to section #ahgf7k77#d77;,d7 of that ,act3 ,provided further1 ,that of the amount made available under this heading1 #cig1ccd1jjj shall remain available until ,september #cj1 #bjbb1 and shall be available for the ,survey and ,certification ,program3 ,provided further1 ,that amounts available under this heading to support quality improvement organizations 7as defined in section #aaeb of the ,social ,security ,act7 shall not exceed the amount specifically provided for such purpose under this heading in division ,h of the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada74 ,,health ,,care ,,fraud ,,and ,,abuse ,,control ,,account ,in addition to amounts otherwise available for program integrity and program management1 #hjg1jjj1jjj1 to remain available through ,september #cj1 #bjbb1 to be transferred from the ,federal ,hospital ,insurance ,trust ,fund and the ,federal ,supplementary ,medical ,insurance ,trust ,fund1 as authorized by section #bja7;g7 of the ,social ,security ,act1 of which #faf1jjj1jjj shall be for the ,centers for ,medicare ,medicaid ,services program integrity activities1 of which #ii1jjj1jjj shall be for the ,department of ,health and ,human ,services ,office of ,inspector ,general to carry out fraud and abuse activities authorized by section #ahag7k77#c7 of such ,act1 and of which #ib1jjj1jjj shall be for the ,department of ,justice to carry out fraud and abuse activities authorized by section #ahag7k77#c7 of such ,act3 ,provided1 ,that the report required by section #ahag7k77#e7 of the ,social ,security ,act for fiscal year #bjba shall include measures of the operational efficiency and impact on fraud1 waste1 and abuse in the ,medicare1 ,medicaid1 and ,,chip programs for the funds provided by this appropriation3 ,provided further1 ,that of the amount provided under this heading1 #caa1jjj1jjj is provided to meet the terms of section #bea7;b77#b77;,c77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 as amended1 and #dif1jjj1jjj is additional new budget authority specified for purposes of section #bea7;b77#b77;,c7 of such ,act3 ,provided further1 ,that the ,secretary shall provide not less than #bj1jjj1jjj from amounts made available under this heading and amounts made available for fiscal year #bjba under section #ahag7k77#c77;,a7 of the ,social ,security ,act for the ,senior ,medicare ,patrol program to combat health care fraud and abuse4 ,administration for ,children and ,families ,,payments ,,to ,,states ,,for ,,child ,,support ,,enforcement ,,and ,,family ,,support ,,programs ,for carrying out1 except as otherwise provided1 titles ,i1 ,,iv-,d1 ,x1 ,,xi1 ,,xiv1 and ,,xvi of the ,social ,security ,act and the ,act of ,july #e1 #aifj1 #c1jci1jjj1jjj1 to remain available until expended2 and for such purposes for the first quarter of fiscal year #bjbb1 #a1djj1jjj1jjj1 to remain available until expended4 ,for carrying out1 after ,may #ca of the current fiscal year1 except as otherwise provided1 titles ,i1 ,,iv-,d1 ,x1 ,,xi1 ,,xiv1 and ,,xvi of the ,social ,security ,act and the ,act of ,july #e1 #aifj1 for the last #c months of the current fiscal year for unanticipated costs1 incurred for the current fiscal year1 such sums as may be necessary4 ,,low ,,income ,,home ,,energy ,,assistance ,for making payments under subsections 7b7 and 7d7 of section #bfjb of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfba et seq471 #c1gej1cjd1jjj3 ,provided1 ,that notwithstanding section #bfji;,a7a7 of such ,act1 not more than #c1ejj1jjj may be reserved by the ,secretary of ,health and ,human ,services for technical assistance1 training1 and monitoring of program activities for compliance with internal controls1 policies and procedures and the ,secretary may1 in addition to the authorities provided in section #bfji;,a7a77#a71 use such funds through contracts with private entities that do not qualify as nonprofit organizations3 ,provided further1 ,that all but #gfj1jjj1jjj of the amount appropriated under this heading shall be allocated as though the total appropriation for such payments for fiscal year #bjba was less than #a1ige1jjj1jjj3 ,provided further1 ,that1 after applying all applicable provisions of section #bfjd of such ,act and the previous proviso1 each ,state or territory that would otherwise receive an allocation that is less than #ig percent of the amount that it received under this heading for fiscal year #bjbj from amounts appropriated in ,public ,law #aaf-id shall have its allocation increased to that #ig percent level1 with the portions of other ,states' and territories' allocations that would exceed #ajj percent of the amounts they respectively received in such fashion for fiscal year #bjbj being ratably reduced4 ,,refugee ,,and ,,entrant ,,assistance 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses for refugee and entrant assistance activities authorized by section #dad of the ,immigration and ,nationality ,act and section #eja of the ,refugee ,education ,assistance ,act of #aihj1 and for carrying out section #dfb of the ,homeland ,security ,act of #bjjb1 section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh1 the ,trafficking ,victims ,protection ,act of #bjjj 7,,tvpa71 and the ,torture ,victims ,relief ,act of #aiih1 #a1iaj1bja1jjj1 of which #a1hfd1ddf1jjj shall remain available through ,september #cj1 #bjbc for carrying out such sections #dad1 #eja1 #dfb1 and #bce3 ,provided1 ,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 ,act3 ,provided further1 ,that the limitation in section #bje of this ,act regarding transfers increasing any appropriation shall apply to transfers to appropriations under this heading by substituting #ae percent for #c percent3 ,provided further1 ,that the contribution of funds requirement under section #bce7;c77#f77;,c77iii7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh shall not apply to funds made available under this heading4 ,,payments ,,to ,,states ,,for ,,the ,,child ,,care ,,and ,,development ,,block ,,grant ,for carrying out the ,child ,care and ,development ,block ,grant ,act of #aiij 7,,ccdbg ,act71 #e1iaa1jjj1jjj shall be used to supplement1 not supplant ,state general revenue funds for child care assistance for low-income families3 ,provided1 ,that technical assistance under section #feh;,i7a77#c7 of such ,act may be provided directly1 or through the use of contracts1 grants1 cooperative agreements1 or interagency agreements3 ,provided further1 ,that all funds made available to carry out section #dah of the ,social ,security ,act 7#db ,u4,s4,c4 #fah71 including funds appropriated for that purpose in such section #dah or any other provision of law1 shall be subject to the reservation of funds authority in paragraphs 7#d7 and 7#e7 of section #feh,o7a7 of the ,,ccdbg ,act3 ,provided further1 ,that in addition to the amounts required to be reserved by the ,secretary under section #feh,o7a77#b77;,a7 of such ,act1 #agg1ccj1jjj shall be for ,indian tribes and tribal organizations4 ,,social ,,services ,,block ,,grant ,for making grants to ,states pursuant to section #bjjb of the ,social ,security ,act1 #a1gjj1jjj1jjj3 ,provided1 ,that notwithstanding subparagraph 7,b7 of section #djd7;d77#b7 of such ,act1 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 #aj percent4 ,,children ,,and ,,families ,,services ,,programs ,for carrying out1 except as otherwise provided1 the ,runaway and ,homeless ,youth ,act1 the ,head ,start ,act1 the ,every ,student ,succeeds ,act1 the ,child ,abuse ,prevention and ,treatment ,act1 sections #cjc and #cac of the ,family ,violence ,prevention and ,services ,act1 the ,native ,american ,programs ,act of #aigd1 title ,,ii of the ,child ,abuse ,prevention and ,treatment and ,adoption ,reform ,act of #aigh 7adoption opportunities71 part ,b-#a of title ,,iv and sections #dbi1 #dgc;,a1 #dgg7;i71 #aaaj1 #aaad;,a1 and #aaae of the ,social ,security ,act1 and the ,community ,services ,block ,grant ,act 7,,csbg ,act72 and for necessary administrative expenses to carry out titles ,i1 ,,iv1 ,v1 ,x1 ,,xi1 ,,xiv1 ,,xvi1 and ,,xx-,a of the ,social ,security ,act1 the ,act of ,july #e1 #aifj1 the ,low-,income ,home ,energy ,assistance ,act of #aiha1 the ,child ,care and ,development ,block ,grant ,act of #aiij1 the ,assets for ,independence ,act1 title ,,iv of the ,immigration and ,nationality ,act1 and section #eja of the ,refugee ,education ,assistance ,act of #aihj1 #ac1jdj1eaa1jjj1 of which #ge1jjj1jjj1 to remain available through ,september #cj1 #bjbb1 shall be for grants to ,states for adoption and legal guardianship incentive payments1 as defined by section #dgc;,a of the ,social ,security ,act and may be made for adoptions and legal guardianships completed before ,september #cj1 #bjba3 ,provided1 ,that #aj1gdh1jie1jjj shall be for making payments under the ,head ,start ,act1 including for ,early ,head ,start-,child ,care ,partnerships1 and1 of which1 notwithstanding section #fdj of such ,act3 7#a7 #abc1jjj1jjj shall be available for a cost of living adjustment1 and with respect to any continuing appropriations act1 funding available for a cost of living adjustment shall not be construed as an authority or condition under this ,act2 7#b7 #be1jjj1jjj shall be available for allocation by the ,secretary to supplement activities described in paragraphs 7#g77;,b7 and 7#i7 of section #fda7;c7 of the ,head ,start ,act under the ,designation ,renewal ,system1 established under the authority of sections #fda7;c77#g71 #fde;,a7b77#ab71 and #fde;,a7d7 of such ,act1 and such funds shall not be included in the calculation of base grant in subsequent fiscal years1 as such term is used in section #fdj7;a77#g77;,a7 of such ,act2 7#c7 #aj1jjj1jjj shall be available to migrant and seasonal ,head ,start programs1 in addition to funds made available for migrant and seasonal ,head ,start programs under section #fdj7;a7 of the ,head ,start ,act1 for the purposes of quality improvement consistent with section #fdj7;a77#e7 of such ,act except that any amount of the funds may be used on any of the activities in such section #fdj7;a77#e73 ,provided further1 ,that funds derived from a migrant and seasonal ,head ,start program held by the ,secretary as a result of recapturing1 withholding1 or reducing a base grant that were unable to be redistributed consistent with section #fda;,a7h77#f77;,a77ii7 of such ,act shall be added to the amount in this paragraph2 7#d7 #d1jjj1jjj shall be available for the purposes of maintaining the ,tribal ,colleges and ,universities ,head ,start ,partnership ,program consistent with section #fdh7;g7 of such ,act2 and 7#e7 #ba1jjj1jjj shall be available to supplement funding otherwise available for research1 evaluation1 and ,federal administrative costs3 ,provided further1 ,that the ,secretary may reduce the reservation of funds under section #fdj7;a77#b77;,c7 of such ,act in lieu of reducing the reservation of funds under sections #fdj7;a77#b77;,b71 #fdj7;a77#b77;,d71 and #fdj7;a77#b77;,e7 of such ,act3 ,provided further1 ,that #bge1jjj1jjj shall be available until ,december #ca1 #bjba for carrying out sections #ibab and #ibac of the ,every ,student ,succeeds ,act3 ,provided further1 ,that up to #c percent of the funds in the preceding proviso shall be available for technical assistance and evaluation related to grants awarded under such section #ibab3 ,provided further1 ,that #gge1chc1jjj shall be for making payments under the ,,csbg ,act3 ,provided further1 ,that #cj1chc1jjj shall be for section #fhj of the ,,csbg ,act1 of which not less than #bj1chc1jjj shall be for section #fhj7;a77#b7 and not less than #aj1jjj1jjj shall be for section #fhj7;a77#c77;,b7 of such ,act3 ,provided further1 ,that1 notwithstanding section #fge;,c7a77#c7 of the ,,csbg ,act1 to the extent ,community ,services ,block ,grant funds are distributed as grant funds by a ,state to an eligible entity as provided under such ,act1 and have not been expended by such entity1 they shall remain with such entity for carryover into the next fiscal year for expenditure by such entity consistent with program purposes3 ,provided further1 ,that the ,secretary shall establish procedures regarding the disposition of intangible assets and program income that permit such assets acquired with1 and program income derived from1 grant funds authorized under section #fhj of the ,,csbg ,act to become the sole property of such grantees after a period of not more than #ab years after the end of the grant period for any activity consistent with section #fhj7;a77#b77;,a7 of the ,,csbg ,act3 ,provided further1 ,that intangible assets in the form of loans1 equity investments and other debt instruments1 and program income may be used by grantees for any eligible purpose consistent with section #fhj7;a77#b77;,a7 of the ,,csbg ,act3 ,provided further1 ,that these procedures shall apply to such grant funds made available after ,november #bi1 #aiii3 ,provided further1 ,that funds appropriated for section #fhj7;a77#b7 of the ,,csbg ,act shall be available for financing construction and rehabilitation and loans or investments in private business enterprises owned by community development corporations3 ,provided further1 ,that #ahb1ejj1jjj shall be for carrying out section #cjc7;a7 of the ,family ,violence ,prevention and ,services ,act1 of which #g1jjj1jjj shall be allocated notwithstanding section #cjc7;a77#b7 of such ,act for carrying out section #cji of such ,act3 ,provided further1 ,that the percentages specified in section #aab7;a77#b7 of the ,child ,abuse ,prevention and ,treatment ,act shall not apply to funds appropriated under this heading3 ,provided further1 ,that #a1hfd1jjj shall be for a human services case management system for federally declared disasters1 to include a comprehensive national case management contract and ,federal costs of administering the system3 ,provided further1 ,that up to #b1jjj1jjj shall be for improving the ,public ,assistance ,reporting ,information ,system1 including grants to ,states to support data collection for a study of the system's effectiveness4 ,,promoting ,,safe ,,and ,,stable ,,families ,for carrying out1 except as otherwise provided1 section #dcf of the ,social ,security ,act1 #cde1jjj1jjj and1 for carrying out1 except as otherwise provided1 section #dcg of such ,act1 #hb1eae1jjj3 ,provided1 ,that of the funds available to carry out section #dcg1 #ei1gfe1jjj shall be allocated consistent with subsections 7b7 through 7d7 of such section3 ,provided further1 ,that of the funds available to carry out section #dcg1 to assist in meeting the requirements described in section #dga7;e77#d77;,c71 #bj1jjj1jjj shall be for grants to each ,state1 territory1 and ,indian tribe operating title ,,iv-,e plans for developing1 enhancing1 or evaluating kinship navigator programs1 as described in section #dbg7;a77#a7 of such ,act and #b1gej1jjj1 in addition to funds otherwise appropriated in section #dgf for such purposes1 shall be for the ,family ,first ,clearinghouse3 ,provided further1 ,that section #dcg7;b77#a7 shall be applied to amounts in the previous proviso by substituting #e percent for #c4c percent1 and notwithstanding section #dcf7;b77#a71 such reserved amounts may be used for identifying1 establishing1 and disseminating practices to meet the criteria specified in section #dga7;e77#d77;,c73 ,provided further1 ,that the reservation in section #dcg7;b77#b7 and the limitations in section #dcg7;d7 shall not apply to funds specified in the second proviso3 ,provided further1 ,that the minimum grant award for kinship navigator programs in the case of ,states and territories shall be #bjj1jjj1 and1 in the case of tribes1 shall be #be1jjj4 ,,payments ,,for ,,foster ,,care ,,and ,,permanency ,for carrying out1 except as otherwise provided1 title ,,iv-,e of the ,social ,security ,act1 #g1jab1jjj1jjj4 ,for carrying out1 except as otherwise provided1 title ,,iv-,e of the ,social ,security ,act1 for the first quarter of fiscal year #bjbb1 #c1jjj1jjj1jjj4 ,for carrying out1 after ,may #ca of the current fiscal year1 except as otherwise provided1 section #dgd of title ,,iv-,e of the ,social ,security ,act1 for the last #c months of the current fiscal year for unanticipated costs1 incurred for the current fiscal year1 such sums as may be necessary4 ,administration for ,community ,living ,,aging ,,and ,,disability ,,services ,,programs 7,,including ,,transfer ,,of ,,funds7 ,for carrying out1 to the extent not otherwise provided1 the ,older ,americans ,act of #aife 7,,oaa71 the ,,raise ,family ,caregivers ,act1 the ,supporting ,grandparents ,raising ,grandchildren ,act1 titles ,,iii and ,,xxix of the ,,phs ,act1 sections #abeb and #abec of the ,,phs ,act1 section #aai of the ,medicare ,improvements for ,patients and ,providers ,act of #bjjh1 title ,,xx-,b of the ,social ,security ,act1 the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act1 parts #b and #e of subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb1 the ,assistive ,technology ,act of #aiih1 titles ,,ii and ,,vii 7and section #ad with respect to such titles7 of the ,rehabilitation ,act of #aigc1 and for ,department-wide coordination of policy and program activities that assist individuals with disabilities1 #b1bjf1jjj1jjj1 together with #eb1aae1jjj to be transferred from the ,federal ,hospital ,insurance ,trust ,fund and the ,federal ,supplementary ,medical ,insurance ,trust ,fund to carry out section #dcfj of the ,omnibus ,budget ,reconciliation ,act of #aiij3 ,provided1 ,that amounts appropriated under this heading may be used for grants to ,states under section #cfa 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 effective3 ,provided further1 ,that of amounts made available under this heading to carry out sections #caa1 #cca1 and #ccf of the ,,oaa1 up to one percent of such amounts shall be available for developing and implementing evidence-based practices for enhancing senior nutrition1 including medically-tailored meals3 ,provided further1 ,that notwithstanding any other provision of this ,act1 funds made available under this heading to carry out section #caa of the ,,oaa may be transferred to the ,secretary of ,agriculture in accordance with such section3 ,provided further1 ,that #b1jjj1jjj shall be for competitive grants to support alternative financing programs that provide for the purchase of assistive technology devices1 such as a low-interest loan fund2 an interest buy-down program2 a revolving loan fund2 a loan guarantee2 or an insurance program3 ,provided further1 ,that applicants shall provide an assurance that1 and information describing the manner in which1 the alternative financing program will expand and emphasize consumer choice and control3 ,provided further1 ,that ,state agencies and community-based disability organizations that are directed by and operated for individuals with disabilities shall be eligible to compete3 ,provided further1 ,that none of the funds made available under this heading may be used by an eligible system 7as defined in section #ajb of the ,protection and ,advocacy for ,individuals with ,mental ,illness ,act 7#db ,u4,s4,c4 #ajhjb77 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 7as defined in section #ajb7h77;,a7 of the ,developmental ,disabilities and ,assistance and ,bill of ,rights ,act of #bjjj 7#bj ,u4,s4,c4 #aejjb7h77;,a77 that is attributable to a mental impairment 7or a combination of mental and physical impairments71 that has as the requested remedy the closure of ,state operated intermediate care facilities for people with intellectual or developmental disabilities1 unless reasonable public notice of the action has been provided to such individuals 7or1 in the case of mental incapacitation1 the legal guardians who have been specifically awarded authority by the courts to make healthcare and residential decisions on behalf of such individuals7 who are affected by such action1 within #ij days of instituting such legal action1 which informs such individuals 7or such legal guardians7 of their legal rights and how to exercise such rights consistent with current ,federal ,rules of ,civil ,procedure3 ,provided further1 ,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 guardian1 nor shall the proviso apply in the case of individuals who are a ward of the ,state or subject to public guardianship4 ,office of the ,secretary ,,general ,,departmental ,,management ,for necessary expenses1 not otherwise provided1 for general departmental management1 including hire of six passenger motor vehicles1 and for carrying out titles ,,iii1 ,,xvii1 ,,xxi1 and section #bbi of the ,,phs ,act1 the ,united ,states-,mexico ,border ,health ,commission ,act1 and research studies under section #aaaj of the ,social ,security ,act1 #dhe1gid1jjj1 together with #fd1hbh1jjj from the amounts available under section #bda of the ,,phs ,act to carry out national health or human services research and evaluation activities3 ,provided1 ,that of this amount1 #ee1djj1jjj shall be for minority ,,aids prevention and treatment activities3 ,provided further1 ,that of the funds made available under this heading1 #aja1jjj1jjj 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 grants1 of which not more than #aj percent of the available funds shall be for training and technical assistance1 evaluation1 outreach1 and additional program support activities1 and of the remaining amount #ge percent shall be for replicating programs that have been proven effective through rigorous evaluation to reduce teenage pregnancy1 behavioral risk factors underlying teenage pregnancy1 or other associated risk factors1 and #be percent shall be available for research and demonstration grants to develop1 replicate1 refine1 and test additional models and innovative strategies for preventing teenage pregnancy3 ,provided further1 ,that of the amounts provided under this heading from amounts available under section #bda of the ,,phs ,act1 #f1hjj1jjj shall be available to carry out evaluations 7including longitudinal evaluations7 of teenage pregnancy prevention approaches3 ,provided further1 ,that of the funds made available under this heading1 #ce1jjj1jjj shall be for making competitive grants which exclusively implement education in sexual risk avoidance 7defined as voluntarily refraining from non-marital sexual activity73 ,provided further1 ,that funding for such competitive grants for sexual risk avoidance shall use medically accurate information referenced to peer-reviewed publications by educational1 scientific1 governmental1 or health organizations2 implement an evidence-based approach integrating research findings with practical implementation that aligns with the needs and desired outcomes for the intended audience2 and teach the benefits associated with self-regulation1 success sequencing for poverty prevention1 healthy relationships1 goal setting1 and resisting sexual coercion1 dating violence1 and other youth risk behaviors such as underage drinking or illicit drug use without normalizing teen sexual activity3 ,provided further1 ,that no more than #aj percent of the funding for such competitive grants for sexual risk avoidance shall be available for technical assistance and administrative costs of such programs3 ,provided further1 ,that funds provided in this ,act for embryo adoption activities may be used to provide to individuals adopting embryos1 through grants and other mechanisms1 medical and administrative services deemed necessary for such adoptions3 ,provided further1 ,that such services shall be provided consistent with #db ,,cfr #ei4e7;a77#d73 ,provided further1 ,that of the funds made available under this heading1 #e1jjj1jjj shall be for carrying out prize competitions sponsored by the ,office of the ,secretary to accelerate innovation in the prevention1 diagnosis1 and treatment of kidney diseases 7as authorized by section #bd of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai774 ,,medicare ,,hearings ,,and ,,appeals ,for expenses necessary for ,medicare hearings and appeals in the ,office of the ,secretary1 #aia1hha1jjj shall remain available until ,september #cj1 #bjbb1 to be transferred in appropriate part from the ,federal ,hospital ,insurance ,trust ,fund and the ,federal ,supplementary ,medical ,insurance ,trust ,fund4 ,,office ,,of ,,the ,,national ,,coordinator ,,for ,,health ,,information ,,technology ,for expenses necessary for the ,office of the ,national ,coordinator for ,health ,information ,technology1 including grants1 contracts1 and cooperative agreements for the development and advancement of interoperable health information technology1 #fb1cfg1jjj4 ,,office ,,of ,,inspector ,,general ,for expenses necessary for the ,office of ,inspector ,general1 including the hire of passenger motor vehicles for investigations1 in carrying out the provisions of the ,inspector ,general ,act of #aigh1 #hj1jjj1jjj3 ,provided1 ,that of such amount1 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 #ah ,u4,s4,c4 #bbh4 ,,office ,,for ,,civil ,,rights ,for expenses necessary for the ,office for ,civil ,rights1 #ch1gih1jjj4 ,,retirement ,,pay ,,and ,,medical ,,benefits ,,for ,,commissioned ,,officers ,for retirement pay and medical benefits of ,public ,health ,service ,commissioned ,officers as authorized by law1 for payments under the ,retired ,serviceman's ,family ,protection ,plan and ,survivor ,benefit ,plan1 and for medical care of dependents and retired personnel under the ,dependents' ,medical ,care ,act1 such amounts as may be required during the current fiscal year4 ,,public ,,health ,,and ,,social ,,services ,,emergency ,,fund ,for expenses necessary to support activities related to countering potential biological1 nuclear1 radiological1 chemical1 and cybersecurity threats to civilian populations1 and for other public health emergencies1 #a1jhe1deh1jjj1 of which #eif1gjj1jjj shall remain available through ,september #cj1 #bjbb1 for expenses necessary to support advanced research and development pursuant to section #cai,l of the ,,phs ,act and other administrative expenses of the ,biomedical ,advanced ,research and ,development ,authority3 ,provided1 ,that funds provided under this heading for the purpose of acquisition of security countermeasures shall be in addition to any other funds available for such purpose3 ,provided further1 ,that products purchased with funds provided under this heading may1 at the discretion of the ,secretary1 be deposited in the ,strategic ,national ,stockpile pursuant to section #cai;,f-#b of the ,,phs ,act3 ,provided further1 ,that #e1jjj1jjj of the amounts made available to support emergency operations shall remain available through ,september #cj1 #bjbc4 ,for expenses necessary for procuring security countermeasures 7as defined in section #cai;,f-#b7;c77#a77;,b7 of the ,,phs ,act71 #ggj1jjj1jjj1 to remain available until expended4 ,for expenses necessary to carry out section #cai;,f-#b7;a7 of the ,,phs ,act1 #gje1jjj1jjj1 to remain available until expended4 ,for an additional amount for expenses necessary to prepare for or respond to an influenza pandemic1 #bhg1jjj1jjj2 of which #beb1jjj1jjj shall be available until expended1 for activities including the development and purchase of vaccine1 antivirals1 necessary medical supplies1 diagnostics1 and other surveillance tools3 ,provided1 ,that notwithstanding section #dif7;b7 of the ,,phs ,act1 funds may be used for the construction or renovation of privately owned facilities for the production of pandemic influenza vaccines and other biologics1 if the ,secretary finds such construction or renovation necessary to secure sufficient supplies of such vaccines or biologics4 ,general ,provisions #bja4 ,funds appropriated in this title shall be available for not to exceed #ej1jjj for official reception and representation expenses when specifically approved by the ,secretary4 #bjb4 ,none of the funds appropriated in this title shall be used to pay the salary of an individual1 through a grant or other extramural mechanism1 at a rate in excess of ,executive ,level ,,ii3 ,provided1 ,that none of the funds appropriated in this title shall be used to prevent the ,,nih from paying up to #ajj percent of the salary of an individual at this rate4 #bjc4 ,none of the funds appropriated in this ,act may be expended pursuant to section #bda of the ,,phs ,act1 except for funds specifically provided for in this ,act1 or for other taps and assessments made by any office located in ,,hhs1 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 funds4 #bjd4 ,notwithstanding section #bda7;a7 of the ,,phs ,act1 such portion as the ,secretary shall determine1 but not more than #b4e percent1 of any amounts appropriated for programs authorized under such ,act shall be made available for the evaluation 7directly1 or by grants or contracts7 and the implementation and effectiveness of programs funded in this title4 7,,transfer ,,of ,,funds7 #bje4 ,not to exceed #a percent of any discretionary funds 7pursuant to the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe7 which are appropriated for the current fiscal year for ,,hhs in this ,act may be transferred between appropriations1 but no such appropriation shall be increased by more than #c percent by any such transfer3 ,provided1 ,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 ,act3 ,provided further1 ,that the ,committees on ,appropriations of the ,house of ,representatives and the ,senate are notified at least #ae days in advance of any transfer4 #bjf4 ,in lieu of the timeframe specified in section #cch;,e7c77#b7 of the ,,phs ,act1 terminations described in such section may occur up to #fj days after the effective date of a contract awarded in fiscal year #bjba under section #cch;,b of such ,act1 or at any time if the individual who has been awarded such contract has not received funds due under the contract4 #bjg4 ,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 activities4 #bjh4 ,notwithstanding any other provision of law1 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 abuse1 child molestation1 sexual abuse1 rape1 or incest4 #bji4 ,none of the funds appropriated by this ,act 7including funds appropriated to any trust fund7 may be used to carry out the ,medicare ,advantage program if the ,secretary denies participation in such program to an otherwise eligible entity 7including a ,provider ,sponsored ,organization7 because the entity informs the ,secretary that it will not provide1 pay for1 provide coverage of1 or provide referrals for abortions3 ,provided1 ,that the ,secretary shall make appropriate prospective adjustments to the capitation payment to such an entity 7based on an actuarially sound estimate of the expected costs of providing the service to such entity's enrollees73 ,provided further1 ,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 services4 #baj4 ,none of the funds made available in this title may be used1 in whole or in part1 to advocate or promote gun control4 #baa4 ,the ,secretary shall make available through assignment not more than #fj 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 ,development1 the ,united ,nations ,international ,children's ,emergency ,fund or the ,world ,health ,organization4 #bab4 ,in order for ,,hhs to carry out international health activities1 including ,,hiv_/,,aids and other infectious disease1 chronic and environmental disease1 and other health activities abroad during fiscal year #bjba3 7#a7 ,the ,secretary may exercise authority equivalent to that available to the ,secretary of ,state in section #b7;c7 of the ,state ,department ,basic ,authorities ,act of #aief4 ,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 #bjg of the ,foreign ,service ,act of #aihj and other applicable statutes administered by the ,department of ,state4 7#b7 ,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 acquisition1 lease1 alteration1 renovation1 and management of facilities outside of the ,united ,states for the use of ,,hhs4 ,the ,department of ,state shall cooperate fully with the ,secretary to ensure that ,,hhs has secure1 safe1 functional facilities that comply with applicable regulation governing location1 setback1 and other facilities requirements and serve the purposes established by this ,act4 ,the ,secretary is authorized1 in consultation with the ,secretary of ,state1 through grant or cooperative agreement1 to make available to public or nonprofit private institutions or agencies in participating foreign countries1 funds to acquire1 lease1 alter1 or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities1 including activities relating to ,,hiv_/,,aids and other infectious diseases1 chronic and environmental diseases1 and other health activities abroad4 7#c7 ,the ,secretary is authorized to provide to personnel appointed or assigned by the ,secretary to serve abroad1 allowances and benefits similar to those provided under chapter #i of title ,i of the ,foreign ,service ,act of #aihj1 and #bb ,u4,s4,c4 #djha through #djhf and subject to such regulations prescribed by the ,secretary4 ,the ,secretary is further authorized to provide locality-based comparability payments 7stated as a percentage7 up to the amount of the locality-based comparability payment 7stated as a percentage7 that would be payable to such personnel under section #ecjd of title #e1 ,united ,states ,code if such personnel's official duty station were in the ,district of ,columbia4 ,leaves of absence for personnel under this subsection shall be on the same basis as that provided under subchapter ,i of chapter #fc of title #e1 ,united ,states ,code1 or section #ijc of the ,foreign ,service ,act of #aihj1 to individuals serving in the ,foreign ,service4 7,,transfer ,,of ,,funds7 #bac4 ,the ,director of the ,,nih1 jointly with the ,director of the ,office of ,,aids ,research1 may transfer up to #c percent among institutes and centers from the total amounts identified by these two ,directors as funding for research pertaining to the human immunodeficiency virus3 ,provided1 ,that the ,committees on ,appropriations of the ,house of ,representatives and the ,senate are notified at least #ae days in advance of any transfer4 7,,transfer ,,of ,,funds7 #bad4 ,of the amounts made available in this ,act for ,,nih1 the amount for research related to the human immunodeficiency virus1 as jointly determined by the ,director of ,,nih and the ,director of the ,office of ,,aids ,research1 shall be made available to the ,office of ,,aids ,research account4 ,the ,director of the ,office of ,,aids ,research shall transfer from such account amounts necessary to carry out section #bcec7;d77#c7 of the ,,phs ,act4 #bae4 7a7 ,authority ,notwithstanding any other provision of law1 the ,director of ,,nih 7,director7 may use funds authorized under section #djb7;b77#ab7 of the ,,phs ,act to enter into transactions 7other than contracts1 cooperative agreements1 or grants7 to carry out research identified pursuant to or research and activities described in such section #djb7;b77#ab74 7b7 ,peer review ,in entering into transactions under subsection 7a71 the ,director may utilize such peer review procedures 7including consultation with appropriate scientific experts7 as the ,director determines to be appropriate to obtain assessments of scientific and technical merit4 ,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 #cja7;a77#c71 #dje7;b77#a77;,b71 #dje7;b77#b71 #djf7;a77#c77;,a71 #dib1 and #did of the ,,phs ,act4 #baf4 ,not to exceed #de1jjj1jjj of funds appropriated by this ,act to the institutes and centers of the ,national ,institutes of ,health may be used for alteration1 repair1 or improvement of facilities1 as necessary for the proper and efficient conduct of the activities authorized herein1 at not to exceed #c1ejj1jjj per project4 7,,transfer ,,of ,,funds7 #bag4 ,of the amounts made available for ,,nih1 #a percent of the amount made available for ,national ,research ,service ,awards 7,,nrsa7 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 #gcf1 #gci1 or #gdg of the ,,phs ,act1 and #a 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 research4 #bah4 7a7 ,the ,biomedical ,advanced ,research and ,development ,authority 7,,barda7 may enter into a contract1 for more than one but no more than #aj program years1 for purchase of research services or of security countermeasures1 as that term is defined in section #cai;,f-#b7;c77#a77;,b7 of the ,,phs ,act 7#db ,u4,s4,c4 #bdg;d-#f;b7c77#a77;,b771 if-- 7#a7 funds are available and obligated-- 7,a7 for the full period of the contract or for the first fiscal year in which the contract is in effect2 and 7,b7 for the estimated costs associated with a necessary termination of the contract2 and 7#b7 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 administration1 performance1 and operation of ,,barda's programs4 7b7 ,a contract entered into under this section-- 7#a7 shall include a termination clause as described by subsection 7c7 of section #cijc of title #da1 ,united ,states ,code2 and 7#b7 shall be subject to the congressional notice requirement stated in subsection 7d7 of such section4 #bai4 7a7 ,the ,secretary shall publish in the fiscal year #bjbb budget justification and on ,departmental ,web sites information concerning the employment of full-time equivalent ,federal employees or contractors for the purposes of implementing1 administering1 enforcing1 or otherwise carrying out the provisions of the ,,aca1 and the amendments made by that ,act1 in the proposed fiscal year and each fiscal year since the enactment of the ,,aca4 7b7 ,with respect to employees or contractors supported by all funds appropriated for purposes of carrying out the ,,aca 7and the amendments made by that ,act71 the ,secretary shall include1 at a minimum1 the following information3 7#a7 ,for each such fiscal year1 the section of such ,act under which such funds were appropriated1 a statement indicating the program1 project1 or activity receiving such funds1 the ,federal operating division or office that administers such program1 and the amount of funding received in discretionary or mandatory appropriations4 7#b7 ,for each such fiscal year1 the number of full-time equivalent employees or contracted employees assigned to each authorized and funded provision detailed in accordance with paragraph 7#a74 7c7 ,in carrying out this section1 the ,secretary may exclude from the report employees or contractors who-- 7#a7 are supported through appropriations enacted in laws other than the ,,aca and work on programs that existed prior to the passage of the ,,aca2 7#b7 spend less than #ej percent of their time on activities funded by or newly authorized in the ,,aca2 or 7#c7 work on contracts for which ,,fte reporting is not a requirement of their contract1 such as fixed-price contracts4 #bbj4 ,the ,secretary shall publish1 as part of the fiscal year #bjbb budget of the ,president submitted under section #aaje7;a7 of title #ca1 ,united ,states ,code1 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 #bjbb4 ,such information shall include1 for each such fiscal year1 the amount of funds used for each activity specified under the heading ,health ,insurance ,exchange ,transparency in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act74 #bba4 ,none of the funds made available by this ,act from the ,federal ,hospital ,insurance ,trust ,fund or the ,federal ,supplemental ,medical ,insurance ,trust ,fund1 or transferred from other accounts funded by this ,act to the ,centers for ,medicare ,medicaid ,services--,program ,management account1 may be used for payments under section #acdb7;b77#a7 of ,public ,law #aaa-adh 7relating to risk corridors74 7,,transfer ,,of ,,funds7 #bbb4 7a7 ,within #de days of enactment of this ,act1 the ,secretary shall transfer funds appropriated under section #djjb of the ,,aca to the accounts specified1 in the amounts specified1 and for the activities specified under the heading ,prevention and ,public ,health ,fund in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act74 7b7 ,notwithstanding section #djjb7;c7 of the ,,aca1 the ,secretary may not further transfer these amounts4 7c7 ,funds transferred for activities authorized under section #bhba of the ,,phs ,act shall be made available without reference to section #bhba7;b7 of such ,act4 #bbc4 ,effective during the period beginning on ,november #a1 #bjae and ending ,january #a1 #bjbc1 any provision of law that refers 7including through cross-reference to another provision of law7 to the current recommendations of the ,united ,states ,preventive ,services ,task ,force with respect to breast cancer screening1 mammography1 and prevention shall be administered by the ,secretary involved as if-- 7#a7 such reference to such current recommendations were a reference to the recommendations of such ,task ,force with respect to breast cancer screening1 mammography1 and prevention last issued before #bjji2 and 7#b7 such recommendations last issued before #bjji applied to any screening mammography modality under section #ahfa7;jj7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7jj774 #bbd4 ,in making ,federal financial assistance1 the provisions relating to indirect costs in part #ge of title #de1 ,code of ,federal ,regulations1 including with respect to the approval of deviations from negotiated rates1 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 #bjag4 ,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 provisions1 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 quarter4 7,,transfer ,,of ,,funds7 #bbe4 ,the ,,nih ,director may transfer funds for opioid addiction1 opioid alternatives1 stimulant misuse and addiction1 pain management1 and addiction treatment to other ,institutes and ,centers of the ,,nih to be used for the same purpose #ae days after notifying the ,committees on ,appropriations of the ,house of ,representatives and the ,senate3 ,provided1 ,that the transfer authority provided in the previous proviso is in addition to any other transfer authority provided by law4 #bbf4 7a7 ,the ,secretary shall provide to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate3 7#a7 ,detailed monthly enrollment figures from the ,exchanges established under the ,patient ,protection and ,affordable ,care ,act of #bjaj pertaining to enrollments during the open enrollment period2 and 7#b7 ,notification of any new or competitive grant awards1 including supplements1 authorized under section #ccj of the ,public ,health ,service ,act4 7b7 ,the ,committees on ,appropriations of the ,house and ,senate must be notified at least #b business days in advance of any public release of enrollment information or the award of such grants4 #bbg4 ,in addition to the amounts otherwise available for ,centers for ,medicare ,medicaid ,services1 ,program ,management1 the ,secretary of ,health and ,human ,services may transfer up to #cje1jjj1jjj 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 ,program3 ,provided1 ,that except for the foregoing purpose1 such funds may not be used to support any provision of ,public ,law #aaa-adh or ,public ,law #aaa-aeb 7or any amendment made by either such ,public ,law7 or to supplant any other amounts within such account4 #bbh4 ,the ,department of ,health and ,human ,services shall provide the ,committees on ,appropriations of the ,house of ,representatives and ,senate a biannual report #cj days after enactment of this ,act on staffing described in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act74 #bbi4 ,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 family1 when such employee is assigned to duty1 in the ,united ,states or in a ,u4,s4 territory1 during a period and in a location that are the subject of a determination of a public health emergency under section #cai of the ,public ,health ,service ,act and such travel is necessary to obtain medical care for an illness1 injury1 or medical condition that cannot be adequately addressed in that location at that time4 ,for purposes of this section1 the term ,u4,s4 territory means ,guam1 the ,commonwealth of ,puerto ,rico1 the ,northern ,mariana ,islands1 the ,virgin ,islands1 ,american ,samoa1 or the ,trust ,territory of the ,pacific ,islands4 #bcj4 ,the ,department of ,health and ,human ,services may accept donations from the private sector1 nongovernmental organizations1 and other groups independent of the ,federal ,government for the care of unaccompanied alien children 7as defined in section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77#b777 in the care of the ,office of ,refugee ,resettlement of the ,administration for ,children and ,families1 including medical goods and services1 which may include early childhood developmental screenings1 school supplies1 toys1 clothing1 and any other items intended to promote the wellbeing of such children4 #bca4 7a7 ,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 #ah1 #bjah1 ,march #bc1 #bjai1 and ,june #aj1 #bjai regarding the ,memorandum of ,agreement on ,information ,sharing executed ,april #ac1 #bjah4 7b7 ,notwithstanding subsection 7a71 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 danger1 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 changes4 7c7 ,within #ae days of the ,secretary's communication of the justification1 the ,inspector ,general of the ,department of ,health and ,human ,services shall provide an assessment1 in writing1 to the ,secretary and to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate of whether such changes to operational directives are necessary to prevent unaccompanied children from being placed in danger4 #bcb4 ,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 7as such term is defined in section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77#b777 in any facility that is not ,state-licensed for the care of unaccompanied alien children1 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 emergency1 provided that-- 7#a7 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-- 7,a7 the same requirements as licensed placements1 as listed in ,exhibit #a of the ,flores ,settlement ,agreement that the ,secretary determines are applicable to non-,state licensed facilities2 and 7,b7 staffing ratios of one 7#a7 on-duty ,youth ,care ,worker for every eight 7#h7 children or youth during waking hours1 one 7#a7 on-duty ,youth ,care ,worker for every sixteen 7#af7 children or youth during sleeping hours1 and clinician ratios to children 7including mental health providers7 as required in grantee cooperative agreements2 7#b7 the ,secretary may grant a #fj-;day waiver for a contractor's or grantee's non-compliance with paragraph 7#a7 if the ,secretary certifies and provides a report to ,congress on the contractor's or grantee's good-faith efforts and progress towards compliance2 7#c7 not more than four consecutive waivers under paragraph 7#b7 may be granted to a contractor or grantee with respect to a specific facility2 7#d7 ,,orr shall ensure full adherence to the monitoring requirements set forth in section #e4e of its ,policies and ,procedures ,guide as of ,may #ae1 #bjai2 7#e7 for any such unlicensed facility in operation for more than three consecutive months1 ,,orr shall conduct a minimum of one comprehensive monitoring visit during the first three months of operation1 with quarterly monitoring visits thereafter2 and 7#f7 not later than #fj days after the date of enactment of this ,act1 ,,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 7#a77;,a7 that the ,secretary has determined are not applicable to non-,state licensed facilities4 #bcc4 ,in addition to the existing ,congressional notification for formal site assessments of potential influx facilities1 the ,secretary shall notify the ,committees on ,appropriations of the ,house of ,representatives and the ,senate at least #ae days before operationalizing an unlicensed facility1 and shall 7#a7 specify whether the facility is hard-sided or soft-sided1 and 7#b7 provide analysis that indicates that1 in the absence of the influx facility1 the likely outcome is that unaccompanied alien children will remain in the custody of the ,department of ,homeland ,security for longer than #gb hours or that unaccompanied alien children will be otherwise placed in danger4 ,within #fj days of bringing such a facility online1 and monthly thereafter1 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 facility1 the average length of stay and average length of care of children at the facility1 and1 for any child that has been at the facility for more than #fj days1 their length of stay and reason for delay in release4 #bcd4 ,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 entering1 for the purpose of conducting oversight1 any facility in the ,united ,states used for the purpose of maintaining custody of1 or otherwise housing1 unaccompanied alien children 7as defined in section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77#b7771 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 7including child welfare and child safety operations7 of such facility4 #bce4 ,not later than #ad days after the date of enactment of this ,act1 and monthly thereafter1 the ,secretary shall submit to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 and make publicly available online1 a report with respect to children who were separated from their parents or legal guardians by the ,department of ,homeland ,security 7,,dhs7 7regardless of whether or not such separation was pursuant to an option selected by the children1 parents1 or guardians71 subsequently classified as unaccompanied alien children1 and transferred to the care and custody of ,,orr during the previous month4 ,each report shall contain the following information3 7#a7 the number and ages of children so separated subsequent to apprehension at or between ports of entry1 to be reported by sector where separation occurred2 and 7#b7 the documented cause of separation1 as reported by ,,dhs when each child was referred4 #bcf4 ,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 ,u4,s4 territory as defined in section #bbi of this ,act at costs not in excess of those paid for or reimbursed by the ,department of ,defense4 #bcg4 ,of the unobligated balances available in fiscal year #bjba in the ,nonrecurring ,expenses ,fund established in section #bbc of division ,g of ,public ,law #aaj-afa1 #bbe1jjj1jjj1 in addition to any funds otherwise made available for such purposes in this1 prior1 or subsequent fiscal years1 shall be available during the period of availability of the ,fund for the study of1 construction of1 demolition of1 renovation of1 and acquisition of equipment for1 facilities of or used by the ,national ,institutes of ,health1 including the acquisition of real property4 7,,rescission7 #bch4 ,of the unobligated balances in the ,nonrecurring ,expenses ,fund established in section #bbc of division ,g of ,public ,law #aaj-afa1 #cge1jjj1jjj are hereby rescinded not later than ,september #cj1 #bjba4 #bci4 7a7 ,the ,chamblee ,research ,support ,building 7,building #ajh7 at the ,centers for ,disease ,control and ,prevention is hereby renamed as the ,johnny ,isakson ,public ,health ,research ,building4 7b7 ,section #bch of division ,a of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id7 is amended by inserting during the period of availability of the ,fund after shall be available and by inserting moving expenses1 after renovation of facilities14 ,this title may be cited as the ,department of ,health and ,human ,services ,appropriations ,act1 #bjba4 ,,iii ,,department ,,of ,,education ,education for the disadvantaged ,for carrying out title ,i and subpart #b of part ,b of title ,,ii of the ,elementary and ,secondary ,education ,act of #aife 7referred to in this ,act as ,,esea7 and section #dah;,a of the ,higher ,education ,act of #aife 7referred to in this ,act as ,,hea71 #ag1bbf1gij1jjj1 of which #f1cjf1dij1jjj shall become available on ,july #a1 #bjba1 and shall remain available through ,september #cj1 #bjbb1 and of which #aj1hda1agg1jjj shall become available on ,october #a1 #bjba1 and shall remain available through ,september #cj1 #bjbb1 for academic year #bjba-bjbb3 ,provided1 ,that #f1dei1dja1jjj shall be for basic grants under section #aabd of the ,,esea3 ,provided further1 ,that up to #e1jjj1jjj of these funds shall be available to the ,secretary of ,education 7referred to in this title as ,secretary7 on ,october #a1 #bjbj1 to obtain annually updated local educational agency-level census poverty data from the ,bureau of the ,census3 ,provided further1 ,that #a1cfb1cja1jjj shall be for concentration grants under section #aabd;,a of the ,,esea3 ,provided further1 ,that #d1ceg1eej1jjj shall be for targeted grants under section #aabe of the ,,esea3 ,provided further1 ,that #d1ceg1eej1jjj shall be for education finance incentive grants under section #aabe;,a of the ,,esea3 ,provided further1 ,that #bbj1jjj1jjj shall be for carrying out subpart #b of part ,b of title ,,ii3 ,provided further1 ,that #df1abc1jjj shall be for carrying out section #dah;,a of the ,,hea4 ,impact aid ,for carrying out programs of financial assistance to federally affected schools authorized by title ,,vii of the ,,esea1 #a1eja1aab1jjj1 of which #a1ced1bdb1jjj shall be for basic support payments under section #gjjc7;b71 #dh1caf1jjj shall be for payments for children with disabilities under section #gjjc7;d71 #ag1djf1jjj1 to remain available through ,september #cj1 #bjbb1 shall be for construction under section #gjjg7;b71 #gf1cac1jjj shall be for ,federal property payments under section #gjjb1 and #d1hce1jjj1 to remain available until expended1 shall be for facilities maintenance under section #gjjh3 ,provided1 ,that for purposes of computing the amount of a payment for an eligible local educational agency under section #gjjc7;a7 for school year #bjbj-bjba1 children enrolled in a school of such agency that would otherwise be eligible for payment under section #gjjc7;a77#a77;,b7 of such ,act1 but due to the deployment of both parents or legal guardians1 or a parent or legal guardian having sole custody of such children1 or due to the death of a military parent or legal guardian while on active duty 7so long as such children reside on ,federal property as described in section #gjjc7;a77#a77;,b771 are no longer eligible under such section1 shall be considered as eligible students under such section1 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 status4 ,school improvement programs ,for carrying out school improvement activities authorized by part ,b of title ,i1 part ,a of title ,,ii1 subpart #a of part ,a of title ,,iv1 part ,b of title ,,iv1 part ,b of title ,v1 and parts ,b and ,c of title ,,vi of the ,,esea2 the ,mc,kinney-,vento ,homeless ,assistance ,act2 section #bjc of the ,educational ,technical ,assistance ,act of #bjjb2 the ,compact of ,free ,association ,amendments ,act of #bjjc2 and the ,civil ,rights ,act of #aifd1 #e1ddd1bag1jjj1 of which #c1fac1feb1jjj shall become available on ,july #a1 #bjba1 and remain available through ,september #cj1 #bjbb1 and of which #a1fha1dda1jjj shall become available on ,october #a1 #bjba1 and shall remain available through ,september #cj1 #bjbb1 for academic year #bjba-bjbb3 ,provided1 ,that #cgh1jjj1jjj shall be for part ,b of title ,i3 ,provided further1 ,that #a1bei1fgc1jjj shall be for part ,b of title ,,iv3 ,provided further1 ,that #cg1cig1jjj shall be for part ,b of title ,,vi1 which may be used for construction1 renovation1 and modernization of any public elementary school1 secondary school1 or structure related to a public elementary school or secondary school that serves a predominantly ,native ,hawaiian student body1 and that the #e percent limitation in section #fbje7;b7 of the ,,esea on the use of funds for administrative purposes shall apply only to direct administrative costs3 ,provided further1 ,that #cf1dec1jjj shall be for part ,c of title ,,vi1 which shall be awarded on a competitive basis1 and may be used for construction1 and that the #e percent limitation in section #fcje of the ,,esea on the use of funds for administrative purposes shall apply only to direct administrative costs3 ,provided further1 ,that #eb1jjj1jjj shall be available to carry out section #bjc of the ,educational ,technical ,assistance ,act of #bjjb 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 section3 ,provided further1 ,that #af1fii1jjj shall be available to carry out the ,supplemental ,education ,grants program for the ,federated ,states of ,micronesia and the ,republic of the ,marshall ,islands3 ,provided further1 ,that the ,secretary may reserve up to #e percent of the amount referred to in the previous proviso to provide technical assistance in the implementation of these grants3 ,provided further1 ,that #ahg1hdj1jjj shall be for part ,b of title ,v3 ,provided further1 ,that #a1bbj1jjj1jjj shall be available for grants under subpart #a of part ,a of title ,,iv4 ,indian education ,for expenses necessary to carry out1 to the extent not otherwise provided1 title ,,vi1 part ,a of the ,,esea1 #aha1bci1jjj1 of which #fg1iic1jjj shall be for subpart #b of part ,a of title ,,vi and #g1hfe1jjj shall be for subpart #c of part ,a of title ,,vi3 ,provided1 ,that the #e percent limitation in sections #faae7;d71 #faba7;e71 and #facc7;g7 of the ,,esea on the use of funds for administrative purposes shall apply only to direct administrative costs4 ,innovation and improvement ,for carrying out activities authorized by subparts #a1 #c and #d of part ,b of title ,,ii1 and parts ,c1 ,d1 and ,e and subparts #a and #d of part ,f of title ,,iv of the ,,esea1 #a1aad1bej1jjj3 ,provided1 ,that #bhe1bej1jjj shall be for subparts #a1 #c and #d of part ,b of title ,,ii and shall be made available without regard to sections #bbja1 #bbca7;b7 and #bbda3 ,provided further1 ,that #fce1jjj1jjj shall be for parts ,c1 ,d1 and ,e and subpart #d of part ,f of title ,,iv1 and shall be made available without regard to sections #dcaa1 #ddji7;a71 and #dfja of the ,,esea3 ,provided further1 ,that section #dcjc7;d77#c77;,a77i7 shall not apply to the funds available for part ,c of title ,,iv3 ,provided further1 ,that of the funds available for part ,c of title ,,iv1 the ,secretary shall use #fj1jjj1jjj to carry out section #dcjd1 of which not more than #aj1jjj1jjj shall be available to carry out section #dcjd7k71 #adj1jjj1jjj1 to remain available through ,march #ca1 #bjbb1 to carry out section #dcje7;b71 and not more than #ae1jjj1jjj to carry out the activities in section #dcje7;a77#c73 ,provided further1 ,that notwithstanding section #dfja7;b71 #aid1jjj1jjj shall be available through ,december #ca1 #bjba for subpart #a of part ,f of title ,,iv4 ,safe schools and citizenship education ,for carrying out activities authorized by subparts #b and #c of part ,f of title ,,iv of the ,,esea1 #bag1jjj1jjj3 ,provided1 ,that #ajf1jjj1jjj shall be available for section #dfca1 of which up to #e1jjj1jjj1 to remain available until expended1 shall be for the ,project ,school ,emergency ,response to ,violence 7,project ,,serv7 program3 ,provided further1 ,that #cj1jjj1jjj shall be available for section #dfbe3 ,provided further1 ,that #ha1jjj1jjj shall be available through ,december #ca1 #bjba1 for section #dfbd4 ,english language acquisition ,for carrying out part ,a of title ,,iii of the ,,esea1 #gig1djj1jjj1 which shall become available on ,july #a1 #bjba1 and shall remain available through ,september #cj1 #bjbb1 except that #f4e percent of such amount shall be available on ,october #a1 #bjbj1 and shall remain available through ,september #cj1 #bjbb1 to carry out activities under section #caaa7;c77#a77;,c74 ,special education ,for carrying out the ,individuals with ,disabilities ,education ,act 7,,idea7 and the ,special ,olympics ,sport and ,empowerment ,act of #bjjd1 #ad1jgj1gdc1jjj1 of which #d1ecc1edd1jjj shall become available on ,july #a1 #bjba1 and shall remain available through ,september #cj1 #bjbb1 and of which #i1bhc1chc1jjj shall become available on ,october #a1 #bjba1 and shall remain available through ,september #cj1 #bjbb1 for academic year #bjba-bjbb3 ,provided1 ,that the amount for section #faa7;b77#b7 of the ,,idea shall be equal to the lesser of the amount available for that activity during fiscal year #bjbj1 increased by the amount of inflation as specified in section #fai7;d77#b77;,b7 of the ,,idea1 or the percent change in the funds appropriated under section #faa7;i7 of the ,,idea1 but not less than the amount for that activity during fiscal year #bjbj3 ,provided further1 ,that the ,secretary shall1 without regard to section #faa7;d7 of the ,,idea1 distribute to all other ,states 7as that term is defined in section #faa7;g77#b771 subject to the third proviso1 any amount by which a ,state's allocation under section #faa1 from funds appropriated under this heading1 is reduced under section #fab7;a77#ah77;,b71 according to the following3 #he percent on the basis of the ,states' relative populations of children aged #c through #ba 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 part1 and #ae percent to ,states on the basis of the ,states' relative populations of those children who are living in poverty3 ,provided further1 ,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 distribution3 ,provided further1 ,that the ,states shall allocate such funds distributed under the second proviso to local educational agencies in accordance with section #faa7;f73 ,provided further1 ,that the amount by which a ,state's allocation under section #faa7;d7 of the ,,idea is reduced under section #fab7;a77#ah77;,b7 and the amounts distributed to ,states under the previous provisos in fiscal year #bjab or any subsequent year shall not be considered in calculating the awards under section #faa7;d7 for fiscal year #bjac or for any subsequent fiscal years3 ,provided further1 ,that1 notwithstanding the provision in section #fab7;a77#ah77;,b7 regarding the fiscal year in which a ,state's allocation under section #faa7;d7 is reduced for failure to comply with the requirement of section #fab7;a77#ah77;,a71 the ,secretary may apply the reduction specified in section #fab7;a77#ah77;,b7 over a period of consecutive fiscal years1 not to exceed #e1 until the entire reduction is applied3 ,provided further1 ,that the ,secretary may1 in any fiscal year in which a ,state's allocation under section #faa is reduced in accordance with section #fab7;a77#ah77;,b71 reduce the amount a ,state may reserve under section #faa7;e77#a7 by an amount that bears the same relation to the maximum amount described in that paragraph as the reduction under section #fab7;a77#ah77;,b7 bears to the total allocation the ,state would have received in that fiscal year under section #faa7;d7 in the absence of the reduction3 ,provided further1 ,that the ,secretary shall either reduce the allocation of funds under section #faa for any fiscal year following the fiscal year for which the ,state fails to comply with the requirement of section #fab7;a77#ah77;,a7 as authorized by section #fab7;a77#ah77;,b71 or seek to recover funds under section #deb of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcd;a73 ,provided further1 ,that the funds reserved under #faa7;c7 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 #faf and #fah and to administer and carry out other services and activities to improve data collection1 coordination1 quality1 and use under parts ,b and ,c of the ,,idea3 ,provided further1 ,that the ,secretary may use funds made available for the ,state ,personnel ,development ,grants program under part ,d1 subpart #a of ,,idea to evaluate program performance under such subpart3 ,provided further1 ,that ,states may use funds reserved for other ,state-level activities under sections #faa7;e77#b7 and #fai7;f7 of the ,,idea to make subgrants to local educational agencies1 institutions of higher education1 other public agencies1 and private non-profit organizations to carry out activities authorized by those sections3 ,provided further1 ,that1 notwithstanding section #fdc7;e77#b77;,a7 of the ,,idea1 if #e or fewer ,states apply for grants pursuant to section #fdc7;e7 of such ,act1 the ,secretary shall provide a grant to each ,state in an amount equal to the maximum amount described in section #fdc7;e77#b77;,b7 of such ,act3 ,provided further1 ,that if more than #e ,states apply for grants pursuant to section #fdc7;e7 of the ,,idea1 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 #fdc7;e77#b77;,b7 of such ,act3 ,provided further1 ,that ,states may use funds allotted under section #fdc7;c7 of the ,,idea to make subgrants to local educational agencies1 institutions of higher education1 other public agencies1 and private non-profit organizations to carry out activities authorized by section #fch of ,,idea4 ,rehabilitation services ,for carrying out1 to the extent not otherwise provided1 the ,rehabilitation ,act of #aigc and the ,helen ,keller ,national ,center ,act1 #c1had1bbj1jjj1 of which #c1fge1jba1jjj shall be for grants for vocational rehabilitation services under title ,i of the ,rehabilitation ,act3 ,provided1 ,that the ,secretary may use amounts provided in this ,act that remain available subsequent to the reallotment of funds to ,states pursuant to section #aaj7;b7 of the ,rehabilitation ,act for innovative activities aimed at increasing competitive integrated employment as defined in section #g of such ,act for youth and other individuals with disabilities3 ,provided further1 ,that ,states may award subgrants for a portion of the funds to other public and private1 nonprofit entities3 ,provided further1 ,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 #cj1 #bjbb4 ,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 #c1 #ahgi1 #cd1dca1jjj4 ,,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 #aihf1 #ha1ejj1jjj3 ,provided1 ,that from the total amount available1 the ,institute may at its discretion use funds for the endowment program as authorized under section #bjg of such ,act4 ,,gallaudet ,,university ,for the ,kendall ,demonstration ,elementary ,school1 the ,model ,secondary ,school for the ,deaf1 and the partial support of ,gallaudet ,university under titles ,i and ,,ii of the ,education of the ,deaf ,act of #aihf1 #adj1cfa1jjj3 ,provided1 ,that from the total amount available1 the ,university may at its discretion use funds for the endowment program as authorized under section #bjg of such ,act4 ,career1 technical1 and adult education ,for carrying out1 to the extent not otherwise provided1 the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7,perkins ,act7 and the ,adult ,education and ,family ,literacy ,act 7,,aefla71 #b1jcj1icf1jjj1 of which #a1bci1icf1jjj shall become available on ,july #a1 #bjba1 and shall remain available through ,september #cj1 #bjbb1 and of which #gia1jjj1jjj shall become available on ,october #a1 #bjba1 and shall remain available through ,september #cj1 #bjbb3 ,provided1 ,that of the amounts made available for ,,aefla1 #ac1gab1jjj shall be for national leadership activities under section #bdb4 ,student financial assistance ,for carrying out subparts #a1 #c1 and #aj of part ,a1 and part ,c of title ,,iv of the ,,hea1 #bd1ede1ceb1jjj which shall remain available through ,september #cj1 #bjbb4 ,the maximum ,pell ,grant for which a student shall be eligible during award year #bjba-bjbb shall be #e1dce4 ,student aid administration ,for ,federal administrative expenses to carry out part ,d of title ,i1 and subparts #a1 #c1 #i1 and #aj of part ,a1 and parts ,b1 ,c1 ,d1 and ,e of title ,,iv of the ,,hea1 and subpart #a of part ,a of title ,,vii of the ,public ,health ,service ,act1 #a1hec1idc1jjj1 to remain available through ,september #cj1 #bjbb3 ,provided1 ,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 metrics1 and on the basis of the capacity of each servicer to process new and existing accounts3 ,provided further1 ,that for student loan contracts awarded prior to ,october #a1 #bjag1 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 loan3 ,provided further1 ,that in order to promote accountability and high-quality service to borrowers1 the ,secretary shall not award funding for any contract solicitation for a new ,federal student loan servicing environment1 including the solicitation for the ,federal ,student ,aid 7,,fsa7 ,next ,generation ,processing and ,servicing ,environment1 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 exceptions1 and allocates student loan borrower accounts to eligible student loan servicers based on performance3 ,provided further1 ,that the ,department shall re-allocate accounts from servicers for recurring non-compliance with ,,fsa guidelines1 contractual requirements1 and applicable laws1 including for failure to sufficiently inform borrowers of available repayment options3 ,provided further1 ,that such servicers shall be evaluated based on their ability to meet contract requirements 7including an understanding of ,federal and ,state law71 future performance on the contracts1 and history of compliance with applicable consumer protections laws3 ,provided further1 ,that to the extent ,,fsa permits student loan servicing subcontracting1 ,,fsa shall hold prime contractors accountable for meeting the requirements of the contract1 and the performance and expectations of subcontractors shall be accounted for in the prime contract and in the overall performance of the prime contractor3 ,provided further1 ,that ,,fsa shall ensure that the ,next ,generation ,processing and ,servicing ,environment1 or any new ,federal loan servicing environment1 incentivize more support to borrowers at risk of delinquency or default3 ,provided further1 ,that ,,fsa shall ensure that in such environment contractors have the capacity to meet and are held accountable for performance on service levels2 are held accountable for and have a history of compliance with applicable consumer protection laws2 and have relevant experience and demonstrated effectiveness3 ,provided further1 ,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 ,health1 ,education1 ,labor1 and ,pensions of the ,senate on general progress related to solicitations for ,federal student loan servicing contracts3 ,provided further1 ,that ,,fsa shall strengthen transparency through expanded publication of aggregate data on student loan and servicer performance3 ,provided further1 ,that not later than #fj days after enactment of this ,act1 ,,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 #bjba and provide quarterly updates on this plan 7including contracts awarded1 change orders1 bonuses paid to staff1 reorganization costs1 and any other activity carried out using amounts provided under this heading for fiscal year #bjba73 ,provided further1 ,that the ,,fsa ,next ,generation ,processing and ,servicing ,environment1 or any new ,federal student loan servicing environment1 shall include accountability measures that account for the performance of the portfolio and contractor compliance with ,,fsa guidelines3 ,provided further1 ,that1 due to concerns with the transfer of borrower accounts and to allow appropriate time for review of the risks of current contracting plans1 ,,fsa shall suspend awarding of any contract for the ,interim ,servicing ,solution 7,,iss7 ,solicitation 7,solicitation ,no4 #iajjcabj,r#jjah7 for a period of not less than #ij days after enactment of this ,act3 ,provided further1 ,that ,,fsa may not award funding for any contract under such ,,iss ,solicitation unless ,business ,process ,operations 7,,bpo7 ,contractors are1 as borrower accounts are migrated to ,,iss1 immediately responsible for all contact center and back-office processing1 as described in ,,bpo ,solicitation ,no4 #iajjcaai,r#jjjh1 necessary to deliver all such servicing requirements for accounts that have been migrated to ,,iss3 ,provided further1 ,that notwithstanding the requirements of the ,federal ,property and ,administration ,services ,act of #aidi1 #da ,u4,s4,c4 #caja et4 seq1 as amended2 parts #f1 #af1 and #cg of title #dh1 ,code of ,federal ,regulations2 or any other procurement limitation on the period of performance1 the ,secretary may extend the period of performance for any contract under section #def of the ,,hea for servicing activities scheduled to expire on ,december #ad1 #bjba1 or ,march #cj1 #bjbb1 as applicable1 for up to two additional years from the date of expiration4 ,higher education ,for carrying out1 to the extent not otherwise provided1 titles ,,ii1 ,,iii1 ,,iv1 ,v1 ,,vi1 ,,vii1 and ,,viii of the ,,hea1 the ,mutual ,educational and ,cultural ,exchange ,act of #aifa1 and section #aag of the ,perkins ,act1 #b1eda1ffa1jjj1 of which #if1jjj1jjj shall remain available through ,december #ca1 #bjba3 ,provided1 ,that notwithstanding any other provision of law1 funds made available in this ,act to carry out title ,,vi of the ,,hea and section #ajb7;b77#f7 of the ,mutual ,educational and ,cultural ,exchange ,act of #aifa 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 government1 the professions1 or international development3 ,provided further1 ,that of the funds referred to in the preceding proviso up to #a percent may be used for program evaluation1 national outreach1 and information dissemination activities3 ,provided further1 ,that up to #a4e percent of the funds made available under chapter #b of subpart #b of part ,a of title ,,iv of the ,,hea may be used for evaluation3 ,provided further1 ,that section #cac7;d7 of the ,,hea shall not apply to an institution of higher education that is eligible to receive funding under section #cah of the ,,hea4 ,howard university ,for partial support of ,howard ,university1 #bea1jah1jjj1 of which not less than #c1dje1jjj shall be for a matching endowment grant pursuant to the ,howard ,university ,endowment ,act and shall remain available until expended4 ,college housing and academic facilities loans program ,for ,federal administrative expenses to carry out activities related to existing facility loans pursuant to section #aba of the ,,hea1 #dce1jjj4 ,historically black college and university capital financing program account ,for the cost of guaranteed loans1 #bb1aej1jjj1 as authorized pursuant to part ,d of title ,,iii of the ,,hea1 which shall remain available through ,september #cj1 #bjbb3 ,provided1 ,that such costs1 including the cost of modifying such loans1 shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd3 ,provided further1 ,that these funds are available to subsidize total loan principal1 any part of which is to be guaranteed1 not to exceed #bgh1bff1jjj3 ,provided further1 ,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 #cdd7;a7 of the ,,hea4 ,in addition1 #af1jjj1jjj1 to remain available through ,september #cj1 #bjbb1 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 ,universities1 which apply for the deferment of such a loan and demonstrate financial need for such deferment by having a score of #b4f or less on the ,department of ,education's financial responsibility test3 ,provided1 ,that the loan has not been paid in full and is not paid in full during the period of deferment3 ,provided further1 ,that during the period of deferment of such a loan1 interest on the loan will not accrue or be capitalized1 and the period of deferment shall be for at least a period of #c-;fiscal years and not more than #f-;fiscal years3 ,provided further1 ,that funds available under this paragraph shall be used to fund eligible deferment requests submitted for this purpose in fiscal year #bjah3 ,provided further1 ,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 program4 ,in addition1 #aj1jjj1jjj1 to remain available through ,september #cj1 #bjbb1 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 ,universities1 which apply for the deferment of such a loan and demonstrate financial need for such deferment1 which shall be determined by the ,secretary of ,education based on factors including1 but not limited to1 equal to or greater than #e percent of the school's operating revenue relative to its annual debt service payment3 ,provided1 ,that during the period of deferment of such a loan1 interest on the loan will not accrue or be capitalized1 and the period of deferment shall be for at least a period of #c-;fiscal years and not more than #f-;fiscal years4 ,in addition1 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 ,,hea1 #ccd1jjj4 ,institute of education sciences ,for carrying out activities authorized by the ,education ,sciences ,reform ,act of #bjjb1 the ,national ,assessment of ,educational ,progress ,authorization ,act1 section #bjh of the ,educational ,technical ,assistance ,act of #bjjb1 and section #ffd of the ,individuals with ,disabilities ,education ,act1 #fdb1dfb1jjj1 which shall remain available through ,september #cj1 #bjbb3 ,provided1 ,that funds available to carry out section #bjh of the ,educational ,technical ,assistance ,act may be used to link ,statewide elementary and secondary data systems with early childhood1 postsecondary1 and workforce data systems1 or to further develop such systems3 ,provided further1 ,that up to #f1jjj1jjj of the funds available to carry out section #bjh of the ,educational ,technical ,assistance ,act may be used for awards to public or private organizations or agencies to support activities to improve data coordination1 quality1 and use at the local1 ,state1 and national levels4 ,departmental management ,,program ,,administration ,for carrying out1 to the extent not otherwise provided1 the ,department of ,education ,organization ,act1 including rental of conference rooms in the ,district of ,columbia and hire of three passenger motor vehicles1 #dcj1jjj1jjj3 ,provided1 ,that1 notwithstanding any other provision of law1 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 decentralizes1 reduces the staffing level1 or alters the responsibilities1 structure1 authority1 or functionality of the ,budget ,service of the ,department of ,education1 relative to the organization and operation of the ,budget ,service as in effect on ,january #a1 #bjah4 ,,office ,,for ,,civil ,,rights ,for expenses necessary for the ,office for ,civil ,rights1 as authorized by section #bjc of the ,department of ,education ,organization ,act1 #aca1jjj1jjj4 ,,office ,,of ,,inspector ,,general ,for expenses necessary for the ,office of ,inspector ,general1 as authorized by section #bab of the ,department of ,education ,organization ,act1 #fc1jjj1jjj1 of which #b1jjj1jjj shall remain available until expended4 ,general provisions #cja4 ,no funds appropriated in this ,act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools4 7,,transfer ,,of ,,funds7 #cjb4 ,not to exceed #a percent of any discretionary funds 7pursuant to the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe7 which are appropriated for the ,department of ,education in this ,act may be transferred between appropriations1 but no such appropriation shall be increased by more than #c percent by any such transfer3 ,provided1 ,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 ,act3 ,provided further1 ,that the ,committees on ,appropriations of the ,house of ,representatives and the ,senate are notified at least #ae days in advance of any transfer4 #cjc4 ,funds appropriated in this ,act and consolidated for evaluation purposes under section #hfja7;c7 of the ,,esea shall be available from ,july #a1 #bjba1 through ,september #cj1 #bjbb4 #cjd4 7a7 ,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 #bjba may use the income from that fund to award scholarships to students1 subject to the limitation in section #cca7;c77#c77;,b77i7 of the ,,hea4 ,the use of such income for such purposes1 prior to the enactment of this ,act1 shall be considered to have been an allowable use of that income1 subject to that limitation4 7b7 ,subsection 7a7 shall be in effect until titles ,,iii and ,v of the ,,hea are reauthorized4 #cje4 ,section #aad7;f7 of the ,,hea 7#bj ,u4,s4,c4 #ajaa;c7f77 is amended by striking #bjbj and inserting #bjba4 #cjf4 ,section #deh7;a7 of the ,,hea 7#bj ,u4,s4,c4 #ajhg;h7a77 is amended in paragraph 7#d7 by striking #bjbj and inserting #bjba4 #cjg4 ,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 #aife 7#bj ,u4,s4,c4 #ajhg;aa et seq474 7,,rescission7 #cjh4 ,of the unobligated balances available under the heading ,student ,financial ,assistance for carrying out subpart #a of part ,a of title ,,iv of the ,,hea1 #ejj1jjj1jjj are hereby rescinded4 7,,rescission7 #cji4 ,of the amounts appropriated under ,section #dja7;b77#g77;,a77iv77,,xi7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7b77#g77;,a77iv77,,xi77 for fiscal year #bjba1 #bh1jjj1jjj are hereby rescinded4 #caj4 ,of the amounts made available under this title under the heading ,student ,aid ,administration1 #b1cjj1jjj 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 #aife who may intend to qualify for loan cancellation under section #dee7m7 of such ,act 7#bj ,u4,s4,c4 #ajhg;e7m771 to ensure that borrowers are meeting the terms and conditions of such loan cancellation3 ,provided1 ,that the ,secretary shall specifically conduct outreach to assist borrowers who would qualify for loan cancellation under section #dee7m7 of such ,act except that the borrower has made some1 or all1 of the #abj required payments under a repayment plan that is not described under section #dee7m77,a7 of such ,act1 to encourage borrowers to enroll in a qualifying repayment plan3 ,provided further1 ,that the ,secretary shall also communicate to all ,direct ,loan borrowers the full requirements of section #dee7m7 of such ,act and improve the filing of employment certification by providing improved outreach and information such as outbound calls1 electronic communications1 ensuring prominent access to program requirements and benefits on each servicer's website1 and creating an option for all borrowers to complete the entire payment certification process electronically and on a centralized website4 #caa4 ,for an additional amount for ,department of ,education--,federal ,direct ,student ,loan ,program ,account1 #ej1jjj1jjj1 to remain available until expended1 shall be for the cost1 as defined under section #ejb of the ,congressional ,budget ,act of #aigd1 of the ,secretary of ,education providing loan cancellation in the same manner as under section #dee7m7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7m771 for borrowers of loans made under part ,d of title ,,iv of such ,act who would qualify for loan cancellation under section #dee7m7 except some1 or all1 of the #abj required payments under section #dee7m77#a77;,a7 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 7,b7 or 7,c7 of section #dee7;d77#a7 or the corresponding repayment plan for a consolidation loan made under section #dee7;g7 and that were less than the amount calculated under section #dee7;d77#a77;,a71 based on a #aj-year repayment period3 ,provided1 ,that the monthly payment made #ab 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 under1 and for which the borrower would otherwise qualify for1 clause 7i7 or 7iv7 of section #dee7m77#a77;,a7 regarding income-based or income-contingent repayment plans1 with exception for a borrower who would have otherwise been eligible under this section but demonstrates an unusual fluctuation of income over the past #e years3 ,provided further1 ,that the total loan volume1 including outstanding principal1 fees1 capitalized interest1 or accrued interest1 at application that is eligible for such loan cancellation by such borrowers shall not exceed #ge1jjj1jjj3 ,provided further1 ,that the ,secretary shall develop and make available a simple method for borrowers to apply for loan cancellation under this section within #fj days of enactment of this ,act3 ,provided further1 ,that the ,secretary shall provide loan cancellation under this section to eligible borrowers on a first-come1 first-serve basis1 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 section3 ,provided further1 ,that no borrower may1 for the same service1 receive a reduction of loan obligations under both this section and section #dbh;,j1 #dbh,k1 #dbh,l1 or #dfj of such ,act4 #cab4 ,none of the funds made available by this ,act may be used in contravention of section #bjc of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdac74 7,,including ,,transfer ,,of ,,funds7 #cac4 ,there is hereby established in the ,treasury of the ,united ,states a fund to be known as the ,department of ,education ,nonrecurring ,expenses ,fund 7the ,fund73 ,provided1 ,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 7not 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 appropriated7 into the ,fund3 ,provided further1 ,that amounts deposited in the ,fund shall be available until expended1 and in addition to such other funds as may be available for such purposes1 for information and business technology system modernization and facilities infrastructure improvements necessary for the operation of the ,department1 subject to approval by the ,office of ,management and ,budget3 ,provided further1 ,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 #cj days in advance of the specific information and business technology system modernization project or facility infrastructure improvement obligations planned for such amounts4 #cad4 7a7 ,the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abba et seq47 is amended by striking section #dbf4 7b7 ,paragraph 7#i7 of section #ddjg7;a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbca;f7a77 is amended by striking notwithstanding section #dbf of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abbh714 #cae4 ,section #baja7;b7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ffaa7;b77 is amended--7#a7 in paragraph 7#b77;,a77iv71 by inserting through fiscal year #bjbb after fiscal year #bjbj2 and 7#b7 in paragraph 7#c71 by striking #bjba both places it appears and inserting #bjbc in its place4 ,,rural ,,and ,,low-,,income ,,school ,,program ,,adjustments #caf4 7a7 ,hold harmless ,for the purpose of making awards under section #ebba of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gcea7 for a fiscal year during the period described in subsection 7c71 the ,secretary of ,education and each ,state educational agency shall treat as eligible to receive a grant under such section-- 7#a7 any local educational agency that meets the eligibility requirements described in section #ebba7;b77#a7 of such ,act for such fiscal year1 in accordance with subsection 7d72 and 7#b7 notwithstanding such section #ebba7;b77#a71 any local educational agency that does not meet the eligibility requirements described in such section for such fiscal year if-- 7,a7 the local educational agency received a grant under section #ebba of such ,act for fiscal year #bjai2 7,b7 for fiscal year #bjai1 less than #bj percent of the children ages #e through #ag years served by the local educational agency were from families with incomes below the poverty line1 as determined by data from the ,small ,area ,income and ,poverty ,estimates of the ,bureau of the ,census2 7,c7 the award for fiscal year #bjai 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 ,census2 and 7,d7 the local educational agency meets the eligibility criteria described in section #ebba7;b77#a77;,a77ii7 of such ,act1 or has obtained a waiver under section #ebba7;b77#b7 of such ,act1 for the fiscal year for which the eligibility determination is being made4 7b7 ,limitations 7#a7 ,limits on local educational agency awards ,for the purposes of making an award under section #ebba7;b7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gcea7;b77 to local educational agencies described in subsection 7a77#b7 for a fiscal year during the period described in subsection 7c71 a ,state educational agency shall provide an award to each such local educational agency for such fiscal year that is not larger than-- 7,a7 for fiscal year #bjba1 #ajj percent of the amount such local educational agency received for fiscal year #bjai2 7,b7 for fiscal year #bjbb1 #ajj percent of the amount such local educational agency received for fiscal year #bjai2 7,c7 for fiscal year #bjbc1 #hc4cc percent of the amount such local educational agency received for fiscal year #bjai2 7,d7 for fiscal year #bjbd1 #ff4fg percent of the amount such local educational agency received for fiscal year #bjai2 7,e7 for fiscal year #bjbe1 #ej percent of the amount such local educational agency received for fiscal year #bjai2 7,f7 for fiscal year #bjbf1 #cc4cc percent of the amount such local educational agency received for fiscal year #bjai2 and 7,g7 for fiscal year #bjbg1 #af4fg percent of the amount such local educational agency received for fiscal year #bjai4 7#b7 ,adjustments to state allocations ,in determining grant amounts for each ,state educational agency under section #ebba7;a77#b7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gcea7;a77#b77 for each fiscal year during the period described in subsection 7c71 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 7#a7 for such year for the local educational agencies described in subsection 7a77#b7 that are served by the ,state educational agency4 7c7 ,applicability ,subsections 7a7 and 7b7 shall be in effect during the period-- 7#a7 beginning on the first day of the fiscal year in which this ,act is enacted2 and 7#b7 ending on the earlier of-- 7,a7 ,september #cj1 #bjbg2 or 7,b7 the last day of the fiscal year in which an ,act that reauthorizes the rural and low-income school program under subpart #b of part ,b of title ,v of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gcea et seq47 is enacted4 7d7 ,use of data measures ,except as provided in subsection 7a77#b71 for the purpose of making awards under section #ebba of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gcea7 for any fiscal year-- 7#a7 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 #ebba7;b77#a77;,a77i7 of such ,act1 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 section2 and 7#b7 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 #ebba7;b77#a77;,a77i71 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 #aife 7#bj ,u4,s4,c4 #fcaa et seq474 #cag4 7a7 ,in general ,for the purpose of carrying out section #dce7;a77#b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhe7;a77#b771 the ,secretary of ,education may waive the requirements under sections #dce7;a77#e77;,a77i7 and #dce7;a77#e77;,a77ii7 of such ,act 7#bj ,u4,s4,c4 #ajhe7;a77#e77;,a77i7 and #bj ,u4,s4,c4 #ajhe7;a77#e77;,a77ii77 for a private non-profit institution of higher education--7#a7 that is an ,alaska ,native-,serving ,institution 7as defined in section #cag7;,a77#b7 of such ,act 7#bj ,u4,s4,c4 #ajei;d77 and a ,native ,american-,serving ,non-,tribal ,institution 7as defined in section #cai7;b77#b7 7#bj ,u4,s4,c4 #ajei;f77 whose fall enrollment for the most recently completed academic year was comprised of a majority of students who are ,indian 7as defined in such section7 or ,alaska ,native 7as defined in section #cag7;b7 of such ,act 7#bj ,u4,s4,c4 #ajei;d7b77 and who are eligible to receive the maximum award under the ,pell ,grant program2 or 7#b7 whose fall enrollment for the most recently completed academic year was comprised of a majority of the students who are ,african ,american 7as defined in section #cbb7b7 of such act 7#bj ,u4,s4,c4 #ajfa7b77 and at least #ej or more received ,federal ,pell ,grant ,funds4 7b7 ,applicability ,subsection 7a7 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 #aife on or after the date of enactment of this ,act due to the application of section #dce7;a77#b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhe7;a77#b774 7c7 ,coverage ,this section shall be in effect for the period covered by this ,act and for the succeeding fiscal year4 #cah4 ,of the amounts made available under the heading ,department of ,education--,rehabilitation ,services in title ,,iii of the ,departments of ,labor1 ,health and ,human ,services1 and ,education1 and ,related ,agencies ,appropriations ,act1 #bjbj 7division ,a of ,public ,law #aaf-id7 that remain available subsequent to the reallotment of funds to ,states pursuant to section #aaj7;b7 of the ,rehabilitation ,act of #aigc 7,public ,law #ic-aab71 #bj1jjj1jjj shall be available to the ,secretary for one-time financial relief and restoration grants consistent with the purposes of the ,randolph-,sheppard ,act as authorized under section #aj of such ,act 7#bj ,u4,s4,c4 #ajg;f73 ,provided1 ,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 #cj1 #bjai3 ,provided further1 ,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 #bjbj1 but only to the extent that such losses are not otherwise compensated3 ,provided further1 ,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 #cie4i of title #cd1 ,code of ,federal ,regulations1 as in effect on the date of enactment of this ,act1 and determined through active participation with the ,state committee of blind vendors as required3 ,provided further1 ,that such funds shall remain available to the ,secretary until ,september #cj1 #bjba4 ,this title may be cited as the ,department of ,education ,appropriations ,act1 #bjba4 ,,iv ,,related ,,agencies ,committee for purchase from people who are blind or severely disabled ,,salaries ,,and ,,expenses ,for expenses necessary for the ,committee for ,purchase ,from ,people ,who ,are ,blind or ,severely ,disabled 7referred to in this title as the ,committee7 established under section #hejb of title #da1 ,united ,states ,code1 #aj1ejj1jjj3 ,provided1 ,that in order to authorize any central nonprofit agency designated pursuant to section #hejc7;c7 of title #da1 ,united ,states ,code1 to perform requirements of the ,committee as prescribed under section #ea-c4b of title #da1 ,code of ,federal ,regulations1 the ,committee shall enter into a written agreement with any such central nonprofit agency3 ,provided further1 ,that such agreement shall contain such auditing1 oversight1 and reporting provisions as necessary to implement chapter #he of title #da1 ,united ,states ,code3 ,provided further1 ,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 #d of ,public ,law #aad-aac 7in the matter preceding division ,a of that consolidated ,act73 ,provided further1 ,that any such central nonprofit agency may not charge a fee under section #ea-c4e of title #da1 ,code of ,federal ,regulations1 prior to executing a written agreement with the ,committee3 ,provided further1 ,that no less than #b1ejj1jjj shall be available for the ,office of ,inspector ,general4 ,corporation for national and community service ,,operating ,,expenses ,for necessary expenses for the ,corporation for ,national and ,community ,service 7referred to in this title as ,,cncs7 to carry out the ,domestic ,volunteer ,service ,act of #aigc 7referred to in this title as #aigc ,act7 and the ,national and ,community ,service ,act of #aiij 7referred to in this title as #aiij ,act71 #hdc1aae1jjj1 notwithstanding sections #aih;,b7b77#c71 #aih,s7g71 #eja7;a77#d77;,c71 and #eja7;a77#d77;,f7 of the #aiij ,act3 ,provided1 ,that of the amounts provided under this heading3 7#a7 up to #a percent of program grant funds may be used to defray the costs of conducting grant application reviews1 including the use of outside peer reviewers and electronic management of the grants cycle2 7#b7 #ah1ech1jjj shall be available to provide assistance to ,state commissions on national and community service1 under section #abf7;a7 of the #aiij ,act and notwithstanding section #eja7;a77#e77;,b7 of the #aiij ,act2 7#c7 #cc1ejj1jjj shall be available to carry out subtitle ,e of the #aiij ,act2 and 7#d7 #f1djj1jjj shall be available for expenses authorized under section #eja7;a77#d77;,f7 of the #aiij ,act1 which1 notwithstanding the provisions of section #aih,p shall be awarded by ,,cncs on a competitive basis3 ,provided further1 ,that for the purposes of carrying out the #aiij ,act1 satisfying the requirements in section #abb7;c77#a77;,d7 may include a determination of need by the local community4 ,,payment ,,to ,,the ,,national ,,service ,,trust 7,,including ,,transfer ,,of ,,funds7 ,for payment to the ,national ,service ,trust established under subtitle ,d of title ,i of the #aiij ,act1 #ahe1jjj1jjj1 to remain available until expended3 ,provided1 ,that ,,cncs may transfer additional funds from the amount provided within ,operating ,expenses allocated to grants under subtitle ,c of title ,i of the #aiij ,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 ,senate3 ,provided further1 ,that amounts appropriated for or transferred to the ,national ,service ,trust may be invested under section #ade7;b7 of the #aiij ,act without regard to the requirement to apportion funds under #ca ,u4,s4,c4 #aeac7;b74 ,,salaries ,,and ,,expenses ,for necessary expenses of administration as provided under section #eja7;a77#e7 of the #aiij ,act and under section #ejd7;a7 of the #aigc ,act1 including payment of salaries1 authorized travel1 hire of passenger motor vehicles1 the rental of conference rooms in the ,district of ,columbia1 the employment of experts and consultants authorized under #e ,u4,s4,c4 #caji1 and not to exceed #b1ejj for official reception and representation expenses1 #hf1dhg1jjj4 ,,office ,,of ,,inspector ,,general ,for necessary expenses of the ,office of ,inspector ,general in carrying out the ,inspector ,general ,act of #aigh1 #f1ejj1jjj4 ,,administrative ,,provisions #dja4 ,,cncs shall make any significant changes to program requirements1 service delivery or policy only through public notice and comment rulemaking4 ,for fiscal year #bjba1 during any grant selection process1 an officer or employee of ,,cncs shall not knowingly disclose any covered grant selection information regarding such selection1 directly or indirectly1 to any person other than an officer or employee of ,,cncs that is authorized by ,,cncs to receive such information4 #djb4 ,ameri,corps programs receiving grants under the ,national ,service ,trust program shall meet an overall minimum share requirement of #bd percent for the first #c years that they receive ,ameri,corps funding1 and thereafter shall meet the overall minimum share requirement as provided in section #beba4fj of title #de1 ,code of ,federal ,regulations1 without regard to the operating costs match requirement in section #aba7;e7 or the member support ,federal share limitations in section #adj of the #aiij ,act1 and subject to partial waiver consistent with section #beba4gj of title #de1 ,code of ,federal ,regulations4 #djc4 ,donations made to ,,cncs under section #aif of the #aiij ,act for the purposes of financing programs and operations under titles ,i and ,,ii of the #aigc ,act or subtitle ,b1 ,c1 ,d1 or ,e of title ,i of the #aiij ,act shall be used to supplement and not supplant current programs and operations4 #djd4 ,in addition to the requirements in section #adf7;a7 of the #aiij ,act1 use of an educational award for the purpose described in section #adh7;a77#d7 shall be limited to individuals who are veterans as defined under section #aja of the ,act4 #dje4 ,for the purpose of carrying out section #ahi;,d of the #aiij ,act-- 7#a7 entities described in paragraph 7a7 of such section shall be considered qualified entities under section #c of the ,national ,child ,protection ,act of #aiic 7,,ncpa72 7#b7 individuals described in such section shall be considered volunteers under section #c of ,,ncpa2 and 7#c7 ,state ,commissions on ,national and ,community ,service established pursuant to section #agh of the #aiij ,act1 are authorized to receive criminal history record information1 consistent with ,public ,law #ib-edd4 #djf4 ,notwithstanding sections #aci7;b71 #adf and #adg of the #aiij ,act1 an individual who successfully completes a term of service of not less than #a1bjj hours during a period of not more than one year may receive a national service education award having a value of #gj percent of the value of a national service education award determined under section #adg7;a7 of the ,act4 ,corporation for public broadcasting ,for payment to the ,corporation for ,public ,broadcasting 7,,cpb71 as authorized by the ,communications ,act of #aicd1 an amount which shall be available within limitations specified by that ,act1 for the fiscal year #bjbc1 #dge1jjj1jjj3 ,provided1 ,that none of the funds made available to ,,cpb by this ,act shall be used to pay for receptions1 parties1 or similar forms of entertainment for ,government officials or employees3 ,provided further1 ,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 excluded1 or is denied benefits1 or is discriminated against1 on the basis of race1 color1 national origin1 religion1 or sex3 ,provided further1 ,that none of the funds made available to ,,cpb by this ,act shall be used to apply any political test or qualification in selecting1 appointing1 promoting1 or taking any other personnel action with respect to officers1 agents1 and employees of ,,cpb4 ,in addition1 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 system1 #bj1jjj1jjj4 ,federal mediation and conciliation service ,,salaries ,,and ,,expenses ,for expenses necessary for the ,federal ,mediation and ,conciliation ,service 7,service7 to carry out the functions vested in it by the ,labor-,management ,relations ,act1 #aidg1 including hire of passenger motor vehicles2 for expenses necessary for the ,labor-,management ,cooperation ,act of #aigh2 and for expenses necessary for the ,service to carry out the functions vested in it by the ,civil ,service ,reform ,act1 #dh1fjj1jjj1 including up to #ijj1jjj to remain available through ,september #cj1 #bjbb1 for activities authorized by the ,labor-,management ,cooperation ,act of #aigh3 ,provided1 ,that notwithstanding #ca ,u4,s4,c4 #ccjb1 fees charged1 up to full-cost recovery1 for special training activities and other conflict resolution services and technical assistance1 including those provided to foreign governments and international organizations1 and for arbitration services shall be credited to and merged with this account1 and shall remain available until expended3 ,provided further1 ,that fees for arbitration services shall be available only for education1 training1 and professional development of the agency workforce3 ,provided further1 ,that the ,director of the ,service is authorized to accept and use on behalf of the ,united ,states gifts of services and real1 personal1 or other property in the aid of any projects or functions within the ,director's jurisdiction4 ,federal mine safety and health review commission ,,salaries ,,and ,,expenses ,for expenses necessary for the ,federal ,mine ,safety and ,health ,review ,commission1 #ag1ahd1jjj4 ,institute of museum and library services ,,office ,,of ,,museum ,,and ,,library ,,services3 ,,grants ,,and ,,administration ,for carrying out the ,museum and ,library ,services ,act of #aiif and the ,national ,museum of ,african ,american ,history and ,culture ,act1 #beg1jjj1jjj4 ,medicaid and ,,chip payment and access commission ,,salaries ,,and ,,expenses ,for expenses necessary to carry out section #aijj of the ,social ,security ,act1 #h1ghj1jjj4 ,medicare payment advisory commission ,,salaries ,,and ,,expenses ,for expenses necessary to carry out section #ahje of the ,social ,security ,act1 #ab1ije1jjj1 to be transferred to this appropriation from the ,federal ,hospital ,insurance ,trust ,fund and the ,federal ,supplementary ,medical ,insurance ,trust ,fund4 ,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 #aigc1 #c1cej1jjj4 ,national labor relations board ,,salaries ,,and ,,expenses ,for expenses necessary for the ,national ,labor ,relations ,board to carry out the functions vested in it by the ,labor-,management ,relations ,act1 #aidg1 and other laws1 #bgd1bbd1jjj3 ,provided1 ,that no part of this appropriation shall be available to organize or assist in organizing agricultural laborers or used in connection with investigations1 hearings1 directives1 or orders concerning bargaining units composed of agricultural laborers as referred to in section #b7c7 of the ,act of ,july #e1 #aice1 and as amended by the ,labor-,management ,relations ,act1 #aidg1 and as defined in section #c7;f7 of the ,act of ,june #be1 #aich1 and including in said definition employees engaged in the maintenance and operation of ditches1 canals1 reservoirs1 and waterways when maintained or operated on a mutual1 nonprofit basis and at least #ie percent of the water stored or supplied thereby is used for farming purposes4 ,,administrative ,,provisions #djg4 ,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 bargaining4 ,national mediation board ,,salaries ,,and ,,expenses ,for expenses necessary to carry out the provisions of the ,railway ,labor ,act1 including emergency boards appointed by the ,president1 #ad1cjj1jjj4 ,occupational safety and health review commission ,,salaries ,,and ,,expenses ,for expenses necessary for the ,occupational ,safety and ,health ,review ,commission1 #ac1bbe1jjj4 ,railroad retirement board ,,dual ,,benefits ,,payments ,,account ,for payment to the ,dual ,benefits ,payments ,account1 authorized under section #ae7;d7 of the ,railroad ,retirement ,act of #aigd1 #ac1jjj1jjj1 which shall include amounts becoming available in fiscal year #bjba pursuant to section #bbd7;c77#a77;,b7 of ,public ,law #ih-gf2 and in addition1 an amount1 not to exceed #b percent of the amount provided herein1 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 benefits3 ,provided1 ,that the total amount provided herein shall be credited in #ab approximately equal amounts on the first day of each month in the fiscal year4 ,,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 checks1 #aej1jjj1 to remain available through ,september #cj1 #bjbb1 which shall be the maximum amount available for payment pursuant to section #dag of ,public ,law #ih-gf4 ,,limitation ,,on ,,administration ,for necessary expenses for the ,railroad ,retirement ,board 7,board7 for administration of the ,railroad ,retirement ,act and the ,railroad ,unemployment ,insurance ,act1 #abc1ejj1jjj1 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 fund3 ,provided1 ,that notwithstanding section #g7;b77#i7 of the ,railroad ,retirement ,act this limitation may be used to hire attorneys only through the excepted service3 ,provided further1 ,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 #a1 #bjac3 ,provided further1 ,that notwithstanding section #g7;b77#i7 of the ,railroad ,retirement ,act1 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 ,management3 ,provided further1 ,that #i1jjj1jjj to remain available until expended1 shall be used to supplement1 not supplant1 existing resources devoted to operations and improvements for the ,board's ,information ,technology ,investment ,initiatives4 ,,limitation ,,on ,,the ,,office ,,of ,,inspector ,,general ,for expenses necessary for the ,office of ,inspector ,general for audit1 investigatory and review activities1 as authorized by the ,inspector ,general ,act of #aigh1 not more than #aa1ejj1jjj1 to be derived from the railroad retirement accounts and railroad unemployment insurance account4 ,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 ,fund1 as provided under sections #bja7m7 and #aaca7;b77#b7 of the ,social ,security ,act1 #aa1jjj1jjj4 ,,supplemental ,,security ,,income ,,program ,for carrying out titles ,,xi and ,,xvi of the ,social ,security ,act1 section #dja of ,public ,law #ib-fjc1 section #bab of ,public ,law #ic-ff1 as amended1 and section #dje of ,public ,law #ie-baf1 including payment to the ,social ,security trust funds for administrative expenses incurred pursuant to section #bja7;g77#a7 of the ,social ,security ,act1 #dj1aeh1gfh1jjj1 to remain available until expended3 ,provided1 ,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 ,treasury3 ,provided further1 ,that not more than #hf1jjj1jjj shall be available for research and demonstrations under sections #aaaj1 #aaae1 and #aadd of the ,social ,security ,act1 and remain available through ,september #cj1 #bjbc4 ,for making1 after ,june #ae of the current fiscal year1 benefit payments to individuals under title ,,xvi of the ,social ,security ,act1 for unanticipated costs incurred for the current fiscal year1 such sums as may be necessary4 ,for making benefit payments under title ,,xvi of the ,social ,security ,act for the first quarter of fiscal year #bjbb1 #ai1fjj1jjj1jjj1 to remain available until expended4 ,,limitation ,,on ,,administrative ,,expenses ,for necessary expenses1 including the hire of two passenger motor vehicles1 and not to exceed #bj1jjj for official reception and representation expenses1 not more than #ab1gid1ide1jjj may be expended1 as authorized by section #bja7;g77#a7 of the ,social ,security ,act1 from any one or all of the trust funds referred to in such section3 ,provided1 ,that not less than #b1ejj1jjj shall be for the ,social ,security ,advisory ,board3 ,provided further1 ,that #de1jjj1jjj shall remain available until expended for information technology modernization1 including related hardware and software infrastructure and equipment1 and for administrative expenses directly associated with information technology modernization3 ,provided further1 ,that #ej1jjj1jjj shall remain available through ,september #cj1 #bjbb1 for activities to address the disability hearings backlog within the ,office of ,hearings ,operations3 ,provided further1 ,that unobligated balances of funds provided under this paragraph at the end of fiscal year #bjba not needed for fiscal year #bjba shall remain available until expended to invest in the ,social ,security ,administration information technology and telecommunications hardware and software infrastructure1 including related equipment and non-payroll administrative expenses associated solely with this information technology and telecommunications infrastructure3 ,provided further1 ,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 proviso3 ,provided further1 ,that reimbursement to the trust funds under this heading for expenditures for official time for employees of the ,social ,security ,administration pursuant to #e ,u4,s4,c4 #gaca1 and for facilities or support services for labor organizations pursuant to policies1 regulations1 or procedures referred to in section #gace7;b7 of such title shall be made by the ,secretary of the ,treasury1 with interest1 from amounts in the general fund not otherwise appropriated1 as soon as possible after such expenditures are made4 ,of the total amount made available in the first paragraph under this heading1 not more than #a1ege1jjj1jjj1 to remain available through ,march #ca1 #bjbb1 is for the costs associated with continuing disability reviews under titles ,,ii and ,,xvi of the ,social ,security ,act1 including work-related continuing disability reviews to determine whether earnings derived from services demonstrate an individual's ability to engage in substantial gainful activity1 for the cost associated with conducting redeterminations of eligibility under title ,,xvi of the ,social ,security ,act1 for the cost of co-operative disability investigation units1 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 ,attorneys3 ,provided1 ,that1 of such amount1 #bgc1jjj1jjj is provided to meet the terms of section #bea7;b77#b77;,b77ii77,,iii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 as amended1 and #a1cjb1jjj1jjj is additional new budget authority specified for purposes of section #bea7;b77#b77;,b7 of such ,act3 ,provided further1 ,that1 of the additional new budget authority described in the preceding proviso1 up to #aa1bjj1jjj may be transferred to the ,office of ,inspector ,general1 ,social ,security ,administration1 for the cost of jointly operated co-operative disability investigation units3 ,provided further1 ,that such transfer authority is in addition to any other transfer authority provided by law3 ,provided further1 ,that the ,commissioner shall provide to the ,congress 7at the conclusion of the fiscal year7 a report on the obligation and expenditure of these funds1 similar to the reports that were required by section #ajc7;d77#b7 of ,public ,law #ajd-aba for fiscal years #aiif through #bjjb4 ,in addition1 #ace1jjj1jjj to be derived from administration fees in excess of #e4jj per supplementary payment collected pursuant to section #afaf7;d7 of the ,social ,security ,act or section #bab7;b77#c7 of ,public ,law #ic-ff1 which shall remain available until expended3 ,provided1 ,that to the extent that the amounts collected pursuant to such sections in fiscal year #bjba exceed #ace1jjj1jjj1 the amounts shall be available in fiscal year #bjbb only to the extent provided in advance in appropriations ,acts4 ,in addition1 up to #a1jjj1jjj to be derived from fees collected pursuant to section #cjc7;c7 of the ,social ,security ,protection ,act1 which shall remain available until expended4 ,,office ,,of ,,inspector ,,general 7,,including ,,transfer ,,of ,,funds7 ,for expenses necessary for the ,office of ,inspector ,general in carrying out the provisions of the ,inspector ,general ,act of #aigh1 #cj1jjj1jjj1 together with not to exceed #ge1ejj1jjj1 to be transferred and expended as authorized by section #bja7;g77#a7 of the ,social ,security ,act from the ,federal ,old-,age and ,survivors ,insurance ,trust ,fund and the ,federal ,disability ,insurance ,trust ,fund4 ,in addition1 an amount not to exceed #c percent of the total provided in this appropriation may be transferred from the ,limitation on ,administrative ,expenses1 ,social ,security ,administration1 to be merged with this account1 to be available for the time and purposes for which this account is available3 ,provided1 ,that notice of such transfers shall be transmitted promptly to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate at least #ae days in advance of any transfer4 ,v ,,general ,,provisions 7,,transfer ,,of ,,funds7 #eja4 ,the ,secretaries of ,labor1 ,health and ,human ,services1 and ,education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this ,act4 ,such transferred balances shall be used for the same purpose1 and for the same periods of time1 for which they were originally appropriated4 #ejb4 ,no part of any appropriation contained in this ,act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein4 #ejc4 7a7 ,no part of any appropriation contained in this ,act or transferred pursuant to section #djjb of ,public ,law #aaa-adh shall be used1 other than for normal and recognized executive-legislative relationships1 for publicity or propaganda purposes1 for the preparation1 distribution1 or use of any kit1 pamphlet1 booklet1 publication1 electronic communication1 radio1 television1 or video presentation designed to support or defeat the enactment of legislation before the ,congress or any ,state or local legislature or legislative body1 except in presentation to the ,congress or any ,state or local legislature itself1 or designed to support or defeat any proposed or pending regulation1 administrative action1 or order issued by the executive branch of any ,state or local government1 except in presentation to the executive branch of any ,state or local government itself4 7b7 ,no part of any appropriation contained in this ,act or transferred pursuant to section #djjb of ,public ,law #aaa-adh shall be used to pay the salary or expenses of any grant or contract recipient1 or agent acting for such recipient1 related to any activity designed to influence the enactment of legislation1 appropriations1 regulation1 administrative action1 or ,executive order proposed or pending before the ,congress or any ,state government1 ,state legislature or local legislature or legislative body1 other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a ,state1 local or tribal government in policymaking and administrative processes within the executive branch of that government4 7c7 ,the prohibitions in subsections 7a7 and 7b7 shall include any activity to advocate or promote any proposed1 pending or future ,federal1 ,state or local tax increase1 or any proposed1 pending1 or future requirement or restriction on any legal consumer product1 including its sale or marketing1 including but not limited to the advocacy or promotion of gun control4 #ejd4 ,the ,secretaries of ,labor and ,education are authorized to make available not to exceed #bh1jjj and #bj1jjj1 respectively1 from funds available for salaries and expenses under titles ,i and ,,iii1 respectively1 for official reception and representation expenses2 the ,director of the ,federal ,mediation and ,conciliation ,service is authorized to make available for official reception and representation expenses not to exceed #e1jjj from the funds available for ,federal ,mediation and ,conciliation ,service1 ,salaries and ,expenses2 and the ,chairman of the ,national ,mediation ,board is authorized to make available for official reception and representation expenses not to exceed #e1jjj from funds available for ,national ,mediation ,board1 ,salaries and ,expenses4 #eje4 ,when issuing statements1 press releases1 requests for proposals1 bid solicitations and other documents describing projects or programs funded in whole or in part with ,federal money1 all grantees receiving ,federal funds included in this ,act1 including but not limited to ,state and local governments and recipients of ,federal research grants1 shall clearly state-- 7#a7 the percentage of the total costs of the program or project which will be financed with ,federal money2 7#b7 the dollar amount of ,federal funds for the project or program2 and 7#c7 percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources4 #ejf4 7a7 ,none of the funds appropriated in this ,act1 and none of the funds in any trust fund to which funds are appropriated in this ,act1 shall be expended for any abortion4 7b7 ,none of the funds appropriated in this ,act1 and none of the funds in any trust fund to which funds are appropriated in this ,act1 shall be expended for health benefits coverage that includes coverage of abortion4 7c7 ,the term health benefits coverage means the package of services covered by a managed care provider or organization pursuant to a contract or other arrangement4 #ejg4 7a7 ,the limitations established in the preceding section shall not apply to an abortion-- 7#a7 if the pregnancy is the result of an act of rape or incest2 or 7#b7 in the case where a woman suffers from a physical disorder1 physical injury1 or physical illness1 including a life-endangering physical condition caused by or arising from the pregnancy itself1 that would1 as certified by a physician1 place the woman in danger of death unless an abortion is performed4 7b7 ,nothing in the preceding section shall be construed as prohibiting the expenditure by a ,state1 locality1 entity1 or private person of ,state1 local1 or private funds 7other than a ,state's or locality's contribution of ,medicaid matching funds74 7c7 ,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 7other than a ,state's or locality's contribution of ,medicaid matching funds74 7d7 7#a7 ,none of the funds made available in this ,act may be made available to a ,federal agency or program1 or to a ,state or local government1 if such agency1 program1 or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide1 pay for1 provide coverage of1 or refer for abortions4 7#b7 ,in this subsection1 the term health care entity includes an individual physician or other health care professional1 a hospital1 a provider-sponsored organization1 a health maintenance organization1 a health insurance plan1 or any other kind of health care facility1 organization1 or plan4 #ejh4 7a7 ,none of the funds made available in this ,act may be used for-- 7#a7 the creation of a human embryo or embryos for research purposes2 or 7#b7 research in which a human embryo or embryos are destroyed1 discarded1 or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under #de ,,cfr #df4bjd7;b7 and section #dih7;b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhi;g7b774 7b7 ,for purposes of this section1 the term human embryo or embryos includes any organism1 not protected as a human subject under #de ,,cfr #df as of the date of the enactment of this ,act1 that is derived by fertilization1 parthenogenesis1 cloning1 or any other means from one or more human gametes or human diploid cells4 #eji4 7a7 ,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 #bjb of the ,controlled ,substances ,act except for normal and recognized executive-congressional communications4 7b7 ,the limitation in subsection 7a7 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 advantage4 #eaj4 ,none of the funds made available in this ,act may be used to promulgate or adopt any final standard under section #aagc7;b7 of the ,social ,security ,act providing for1 or providing for the assignment of1 a unique health identifier for an individual 7except in an individual's capacity as an employer or a health care provider71 until legislation is enacted specifically approving the standard4 #eaa4 ,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-- 7#a7 such entity is otherwise a contractor with the ,united ,states and is subject to the requirement in #ch ,u4,s4,c4 #dbab7;d7 regarding submission of an annual report to the ,secretary of ,labor concerning employment of certain veterans2 and 7#b7 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 entity4 #eab4 ,none of the funds made available in this ,act may be transferred to any department1 agency1 or instrumentality of the ,united ,states ,government1 except pursuant to a transfer made by1 or transfer authority provided in1 this ,act or any other appropriation ,act4 #eac4 ,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 7#a7 of section #bbd7;f7 of such ,act1 as amended by the ,children's ,internet ,protection ,act1 unless such library has made the certifications required by paragraph 7#d7 of such section4 #ead4 7a7 ,none of the funds provided under this ,act1 or provided under previous appropriations ,acts to the agencies funded by this ,act that remain available for obligation or expenditure in fiscal year #bjba1 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 ,act1 shall be available for obligation or expenditure through a reprogramming of funds that-- 7#a7 creates new programs2 7#b7 eliminates a program1 project1 or activity2 7#c7 increases funds or personnel by any means for any project or activity for which funds have been denied or restricted2 7#d7 relocates an office or employees2 7#e7 reorganizes or renames offices2 7#f7 reorganizes programs or activities2 or 7#g7 contracts out or privatizes any functions or activities presently performed by ,federal employees2 unless the ,committees on ,appropriations of the ,house of ,representatives and the ,senate are consulted #ae days in advance of such reprogramming or of an announcement of intent relating to such reprogramming1 whichever occurs earlier1 and are notified in writing #aj days in advance of such reprogramming4 7b7 ,none of the funds provided under this ,act1 or provided under previous appropriations ,acts to the agencies funded by this ,act that remain available for obligation or expenditure in fiscal year #bjba1 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 ,act1 shall be available for obligation or expenditure through a reprogramming of funds in excess of #ejj1jjj or #aj percent1 whichever is less1 that-- 7#a7 augments existing programs1 projects 7including construction projects71 or activities2 7#b7 reduces by #aj percent funding for any existing program1 project1 or activity1 or numbers of personnel by #aj percent as approved by ,congress2 or 7#c7 results from any general savings from a reduction in personnel which would result in a change in existing programs1 activities1 or projects as approved by ,congress2 unless the ,committees on ,appropriations of the ,house of ,representatives and the ,senate are consulted #ae days in advance of such reprogramming or of an announcement of intent relating to such reprogramming1 whichever occurs earlier1 and are notified in writing #aj days in advance of such reprogramming4 #eae4 7a7 ,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 involved4 7b7 ,none of the funds made available in this ,act may be used to disseminate information that is deliberately false or misleading4 #eaf4 ,within #de days of enactment of this ,act1 each department and related agency funded through this ,act shall submit an operating plan that details at the program1 project1 and activity level any funding allocations for fiscal year #bjba that are different than those specified in this ,act1 the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act71 or the fiscal year #bjba budget request4 #eag4 ,the ,secretaries of ,labor1 ,health and ,human ,services1 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 contracts1 grants1 and cooperative agreements exceeding #ejj1jjj1 individually or in total for a particular project1 activity1 or programmatic initiative1 in value and awarded by the ,department on a non-competitive basis during each quarter of fiscal year #bjba1 but not to include grants awarded on a formula basis or directed by law4 ,such report shall include the name of the contractor or grantee1 the amount of funding1 the governmental purpose1 including a justification for issuing the award on a non-competitive basis4 ,such report shall be transmitted to the ,committees within #cj days after the end of the quarter for which the report is submitted4 #eah4 ,none of the funds appropriated in this ,act shall be expended or obligated by the ,commissioner of ,social ,security1 for purposes of administering ,social ,security benefit payments under title ,,ii of the ,social ,security ,act1 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 #bjh7;a77#f7 or 7#g7 of the ,social ,security ,act4 #eai4 ,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 payments1 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 ,mexico1 which would not otherwise be payable but for such agreement4 #ebj4 7a7 ,none of the funds made available in this ,act may be used to maintain or establish a computer network unless such network blocks the viewing1 downloading1 and exchanging of pornography4 7b7 ,nothing in subsection 7a7 shall limit the use of funds necessary for any ,federal1 ,state1 tribal1 or local law enforcement agency or any other entity carrying out criminal investigations1 prosecution1 or adjudication activities4 #eba4 ,none of the funds made available under this or any other ,act1 or any prior ,appropriations ,act1 may be provided to the ,association of ,community ,organizations for ,reform ,now 7,,acorn71 or any of its affiliates1 subsidiaries1 allied organizations1 or successors4 #ebb4 ,for purposes of carrying out ,executive ,order #acehi1 ,office of ,management and ,budget ,memorandum ,m-#ab-ab dated ,may #aa1 #bjab1 and requirements contained in the annual appropriations bills relating to conference attendance and expenditures3 7#a7 the operating divisions of ,,hhs shall be considered independent agencies2 and 7#b7 attendance at and support for scientific conferences shall be tabulated separately from and not included in agency totals4 #ebc4 ,federal agencies funded under this ,act shall clearly state within the text1 audio1 or video used for advertising or educational purposes1 including emails or ,internet postings1 that the communication is printed1 published1 or produced and disseminated at ,u4,s4 taxpayer expense4 ,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 agency4 #ebd4 7a7 ,federal agencies may use ,federal discretionary funds that are made available in this ,act to carry out up to #aj ,performance ,partnership ,pilots4 ,such ,pilots shall be governed by the provisions of section #ebf of division ,h of ,public ,law #aac-gf1 except that in carrying out such ,pilots section #ebf shall be applied by substituting ,fiscal ,year #bjba for ,fiscal ,year #bjad in the title of subsection 7b7 and by substituting ,september #cj1 #bjbe for ,september #cj1 #bjah each place it appears3 ,provided1 ,that such pilots shall include communities that have experienced civil unrest4 7b7 ,in addition1 ,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 #ebf of division ,h of ,public ,law #aac-gf1 section #ebd of division ,g of ,public ,law #aac-bce1 section #ebe of division ,h of ,public ,law #aad-aac1 section #ebe of division ,h of ,public ,law #aae-ca1 section #ebe of division ,h of ,public ,law #aae-ada1 and section #ebd of division ,a of ,public ,law #aaf-id4 7c7 ,pilot sites selected under authorities in this ,act and prior appropriations ,acts may be granted by relevant agencies up to an additional #e years to operate under such authorities4 #ebe4 ,not later than #cj days after the end of each calendar quarter1 beginning with the first month of fiscal year #bjba the ,departments of ,labor1 ,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 appropriations3 ,provided1 ,that for balances that are unobligated and uncommitted1 committed1 and obligated but unexpended1 the monthly reports shall separately identify the amounts attributable to each source year of appropriation 7beginning with fiscal year #bjab1 or1 to the extent feasible1 earlier fiscal years7 from which balances were derived4 #ebf4 ,the ,departments of ,labor1 ,health and ,human ,services1 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 notifications1 including supplements1 issued at the discretion of such ,departments not less than #c full business days before any entity selected to receive a grant award is announced by the ,department or its offices 7other than emergency response grants at any time of the year or for grant awards made during the last #aj business days of the fiscal year1 or if applicable1 of the program year74 #ebg4 ,notwithstanding any other provision of this ,act1 no funds appropriated in this ,act shall be used to purchase sterile needles or syringes for the hypodermic injection of any illegal drug3 ,provided1 ,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 department1 in consultation with the ,centers for ,disease ,control and ,prevention1 determines that the ,state or local jurisdiction1 as applicable1 is experiencing1 or is at risk for1 a significant increase in hepatitis infections or an ,,hiv outbreak due to injection drug use1 and such program is operating in accordance with ,state and local law4 #ebh4 ,each department and related agency funded through this ,act shall provide answers to questions submitted for the record by members of the ,committee within #de business days after receipt4 7,,rescission7 #ebi4 ,of the unobligated balances made available by section #cja7;b77#c7 of ,public ,law #aad-aj1 #b1jjj1jjj1jjj are hereby rescinded4 7,rescission7 #ecj4 ,of any available amounts appropriated under section #bajd7;a77#bd7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;dd7 that are unobligated as of ,september #be1 #bjba1 #a1jjj1jjj1jjj are hereby rescinded as of such date4 #eca4 ,of the unobligated balances made available for purposes of carrying out section #baje7;a77#c7 of the ,social ,security ,act1 #d1jjj1jjj1jjj shall not be available for obligation in this fiscal year4 #ecb4 ,of amounts deposited in the ,child ,enrollment ,contingency ,fund under section #bajd7n77#b7 of the ,social ,security ,act and the income derived from investment of those funds pursuant to section #bajd7n77#b77;,c7 of that ,act1 #ad1jjj1jjj1jjj shall not be available for obligation in this fiscal year4 #ecc4 ,for an additional amount for ,department of ,health and ,human ,services--,administration for ,children and ,families--,children and ,families ,services ,programs1 #fch1jjj1jjj1 to prevent1 prepare for1 and respond to coronavirus1 for necessary expenses for grants to carry out a ,low-,income ,household ,drinking ,water and ,wastewater ,emergency ,assistance ,program3 ,provided1 ,that the ,secretary of ,health and ,human ,services shall make grants to ,states and ,indian ,tribes to assist low-income households1 particularly those with the lowest incomes1 that pay a high proportion of household income for drinking water and wastewater services1 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 services3 ,provided further1 ,that in carrying out this appropriation1 the ,secretary1 ,states1 and ,indian ,tribes1 as applicable1 shall1 as appropriate and to the extent practicable1 use existing processes1 procedures1 policies1 and systems in place to provide assistance to low-income households1 including by using existing programs and program announcements1 application and approval processes3 ,provided further1 ,that the ,secretary shall allot amounts appropriated in this section to a ,state or ,indian ,tribe based on the following 7i7 the percentage of households in the ,state1 or under the jurisdiction of the ,indian ,tribe1 with income equal to or less than #aej percent of the ,federal poverty line1 and 7ii7 the percentage of such households in the ,state1 or under the jurisdiction of the ,indian ,tribe1 that spend more than #cj percent of monthly income on housing3 ,provided further1 ,that up to #c percent of the amount appropriated in this section shall be reserved for ,indian ,tribes and tribal organizations3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,this division may be cited as the ,departments of ,labor1 ,health and ,human ,services1 and ,education1 and ,related ,agencies ,appropriations ,act1 #bjba4 ,i ,legislative ,branch ,appropriations ,act1 #bjba ,i ,,legislative ,,branch ,,senate ,expense ,allowances ,for expense allowances of the ,vice ,president1 #ah1gfj2 the ,president ,pro ,tempore of the ,senate1 #cg1ebj2 ,majority ,leader of the ,senate1 #ci1ibj2 ,minority ,leader of the ,senate1 #ci1ibj2 ,majority ,whip of the ,senate1 #i1ihj2 ,minority ,whip of the ,senate1 #i1ihj2 ,president ,pro ,tempore ,emeritus1 #ae1jjj2 ,chairmen of the ,majority and ,minority ,conference ,committees1 #d1fij for each ,chairman2 and ,chairmen of the ,majority and ,minority ,policy ,committees1 #d1fij for each ,chairman2 in all1 #ahi1hdj4 ,for representation allowances of the ,majority and ,minority ,leaders of the ,senate1 #ad1jgj for each such ,leader2 in all1 #bh1adj4 ,salaries1 ,officers and ,employees ,for compensation of officers1 employees1 and others as authorized by law1 including agency contributions1 #bbb1gbg1jjj1 which shall be paid from this appropriation as follows3 ,,office ,,of ,,the ,,vice ,,president ,for the ,office of the ,vice ,president1 #b1ecc1jjj4 ,,office ,,of ,,the ,,president ,,pro ,,tempore ,for the ,office of the ,president ,pro ,tempore1 #gei1jjj4 ,,office ,,of ,,the ,,president ,,pro ,,tempore ,,emeritus ,for the ,office of the ,president ,pro ,tempore ,emeritus1 #cbf1jjj4 ,,offices ,,of ,,the ,,majority ,,and ,,minority ,,leaders ,for ,offices of the ,majority and ,minority ,leaders1 #e1ejf1jjj4 ,,offices ,,of ,,the ,,majority ,,and ,,minority ,,whips ,for ,offices of the ,majority and ,minority ,whips1 #c1ebe1jjj4 ,,committee ,,on ,,appropriations ,for salaries of the ,committee on ,appropriations1 #af1adc1jjj4 ,,conference ,,committees ,for the ,conference of the ,majority and the ,conference of the ,minority1 at rates of compensation to be fixed by the ,chairman of each such committee1 #a1gch1jjj for each such committee2 in all1 #c1dgf1jjj4 ,,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 ,minority1 #hfb1jjj4 ,,policy ,,committees ,for salaries of the ,majority ,policy ,committee and the ,minority ,policy ,committee1 #a1ggf1jjj for each such committee2 in all1 #c1eeb1jjj4 ,,office ,,of ,,the ,,chaplain ,for ,office of the ,chaplain1 #eaj1jjj4 ,,office ,,of ,,the ,,secretary ,for ,office of the ,secretary1 #bf1hah1jjj4 ,,office ,,of ,,the ,,sergeant ,,at ,,arms ,,and ,,doorkeeper ,for ,office of the ,sergeant at ,arms and ,doorkeeper1 #hh1hgi1jjj4 ,,offices ,,of ,,the ,,secretaries ,,for ,,the ,,majority ,,and ,,minority ,for ,offices of the ,secretary for the ,majority and the ,secretary for the ,minority1 #a1idj1jjj4 ,,agency ,,contributions ,,and ,,related ,,expenses ,for agency contributions for employee benefits1 as authorized by law1 and related expenses1 #fg1hih1jjj4 ,office of the ,legislative ,counsel of the ,senate ,for salaries and expenses of the ,office of the ,legislative ,counsel of the ,senate1 #f1fha1jjj4 ,office of ,senate ,legal ,counsel ,for salaries and expenses of the ,office of ,senate ,legal ,counsel1 #a1aig1jjj4 ,expense ,allowances of the ,secretary of the ,senate1 ,sergeant at ,arms and ,doorkeeper of the ,senate1 and ,secretaries for the ,majority and ,minority of the ,senate ,for expense allowances of the ,secretary of the ,senate1 #g1aaj2 ,sergeant at ,arms and ,doorkeeper of the ,senate1 #g1aaj2 ,secretary for the ,majority of the ,senate1 #g1aaj2 ,secretary for the ,minority of the ,senate1 #g1aaj2 in all1 #bh1ddj4 ,contingent ,expenses of the ,senate ,,inquiries ,,and ,,investigations ,for expenses of inquiries and investigations ordered by the ,senate1 or conducted under paragraph #a of rule ,,xxvi of the ,standing ,rules of the ,senate1 section #aab of the ,supplemental ,appropriations and ,rescission ,act1 #aihj 7,public ,law #if-cjd71 and ,senate ,resolution #bha1 #ifth ,congress1 agreed to ,march #aa1 #aihj1 #acc1bfe1jjj1 of which #ac1cej1jjj shall remain available until ,september #cj1 #bjbc4 ,u4,s4 ,,senate ,,caucus ,,on ,,international ,,narcotics ,,control ,for expenses of the ,united ,states ,senate ,caucus on ,international ,narcotics ,control1 #ejh1jjj4 ,,secretary ,,of ,,the ,,senate ,for expenses of the ,office of the ,secretary of the ,senate1 #i1ecf1jjj of which #f1dcf1jjj shall remain available until ,september #cj1 #bjbe and of which #c1ajj1jjj shall remain available until expended4 ,,sergeant ,,at ,,arms ,,and ,,doorkeeper ,,of ,,the ,,senate ,for expenses of the ,office of the ,sergeant at ,arms and ,doorkeeper of the ,senate1 #aci1bba1bjj1 which shall remain available until ,september #cj1 #bjbe3 ,provided1 ,that of the amounts made available under this heading1 #d1gdj1jjj1 to remain available until expended1 shall be for the ,joint ,audible ,warning ,system4 ,,miscellaneous ,,items ,for miscellaneous items1 #bd1hgg1ajj which shall remain available until ,september #cj1 #bjbc4 ,,senators' ,,official ,,personnel ,,and ,,office ,,expense ,,account ,for ,senators' ,official ,personnel and ,office ,expense ,account1 #dfa1jjj1jjj of which #bj1abh1iej shall remain available until ,september #cj1 #bjbc and of which #f1jjj1jjj shall be allocated solely for the purpose of providing financial compensation to ,senate interns4 ,,official ,,mail ,,costs ,for expenses necessary for official mail costs of the ,senate1 #cjj1jjj4 ,administrative ,provisions 7,including rescission of funds7 ,,requiring ,,amounts ,,remaining ,,in ,,senators' ,,official ,,personnel ,,and ,,office ,,expense ,,account ,,to ,,be ,,used ,,for ,,deficit ,,reduction ,,or ,,to ,,reduce ,,the ,,federal ,,debt #aja4 ,notwithstanding any other provision of law1 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 available4 ,any unexpended balances under such allowances remaining after 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 ,act1 #aieg 7#b ,u4,s4,c4 #dajg7 and used for deficit reduction 7or1 if there is no ,federal budget deficit after all such payments have been made1 for reducing the ,federal debt1 in such manner as the ,secretary of the ,treasury considers appropriate74 ,,rescission #ajb4 ,of the unobligated balances made available under the heading ,senate--,contingent ,expenses of the ,senate--,settlements and ,awards ,reserve in the ,legislative ,branch ,appropriations ,act1 #aiif 7,public ,law #ajd-ec71 #a1jjj1jjj are hereby permanently rescinded4 ,,extension ,,of ,,authority #ajc4 ,section #ba7;d7 of ,senate ,resolution #fd of the ,one ,hundred ,thirteenth ,congress1 #ast session 7agreed to on ,march #e1 #bjac71 as most recently amended by section #ajc of the ,legislative ,branch ,appropriations ,act1 #bjai 7division ,b of ,public ,law #aae-bdd71 is further amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjbb4 ,,senate ,,democratic ,,leadership ,,offices ,,funding ,,and ,,authorities #ajd4 7a7 ,in this section-- 7#a7 the term applicable conference means the majority or minority conference of the ,senate1 as applicable1 that represents the ,democratic party2 7#b7 the term covered ,congress means the #aagth ,congress2 and 7#c7 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 7b7 and ending on ,january #c1 #bjbc4 7b7 ,the ,secretary of the applicable conference may1 by submission of a letter to the ,disbursing ,office of the ,senate on or after ,january #c1 #bjba1 assign to the ,assistant ,leader of the applicable conference the following duties and authorities for the duration of the covered ,congress3 7#a7 ,the authority over any amounts made available for the ,office of the ,secretary of the applicable conference4 7#b7 ,the duties and authorities of the ,secretary of the applicable conference under section #c of title ,i of division ,h of the ,consolidated ,appropriations ,act1 #bjjh 7#b ,u4,s4,c4 #faed71 section #ajb of chapter ,,viii of title ,i of the ,supplemental ,appropriations ,act1 #aigi 7#b ,u4,s4,c4 #faef71 or any other provision of law4 7c7 ,for purposes of any individual employed by the ,office of the ,assistant ,leader of the applicable conference during the covered period-- 7#a7 any reference to the ,office of the ,secretary of the applicable conference in the last sentence of section #ejf7;e7 of the ,supplemental ,appropriations ,act1 #aigc 7#b ,u4,s4,c4 #fcad7;e77 shall be deemed to refer to the ,office of the ,assistant ,leader of the applicable conference2 7#b7 any reference to the ,office of the ,secretary of the applicable conference under subsection 7b7 of the first section of ,s4 ,res4 #deh 7#ihth ,congress7 shall be deemed to refer to the ,office of the ,assistant ,leader of the applicable conference2 and 7#c7 any reference to the ,secretary of the applicable conference under section #bjg7;e77#i77,m7 of title #ah1 ,united ,states ,code1 shall be deemed to refer to the ,assistant ,leader of the applicable conference4 7d7 ,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 period1 any reference to the ,office of the ,secretary of the applicable conference under section #bbj7;e77#b77;,c7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acea7;e77#b77;,c77 shall be deemed to be a reference to the ,office of the ,assistant ,leader of the applicable conference4 7e7 ,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 #aiie 7#b ,u4,s4,c4 #acja et seq47 or section #bjg of title #ah1 ,united ,states ,code4 ,,student ,,loan ,,cap ,,adjustment #aje4 7a7 ,section #ajb of the ,legislative ,branch ,appropriations ,act1 #bjjb 7#b ,u4,s4,c4 #degi7 is amended-- 7#a7 in subsection 7c77#b77;,a7-- 7,a7 in clause 7i71 by striking #ejj and inserting #hcc2 and 7,b7 in clause 7ii71 by striking #dj1jjj and inserting #hj1jjj2 and 7#b7 in subsection 7h77#a71 by striking #b percent each place it appears and inserting #b4e percent4 7b7 ,the amendments made by subsection 7a7 shall take effect on ,march #a1 #bjba4 ,,house ,,of ,,representatives ,salaries and ,expenses ,for salaries and expenses of the ,house of ,representatives1 #a1dhj1hai1jjj1 as follows3 ,house ,leadership ,offices ,for salaries and expenses1 as authorized by law1 #bh1hhd1jjj1 including3 ,office of the ,speaker1 #h1bie1jjj1 including #be1jjj for official expenses of the ,speaker2 ,office of the ,majority ,floor ,leader1 #b1idg1jjj1 including #aj1jjj for official expenses of the ,majority ,leader2 ,office of the ,minority ,floor ,leader1 #h1bie1jjj1 including #aj1jjj for official expenses of the ,minority ,leader2 ,office of the ,majority ,whip1 including the ,chief ,deputy ,majority ,whip1 #b1ddh1jjj1 including #e1jjj for official expenses of the ,majority ,whip2 ,office of the ,minority ,whip1 including the ,chief ,deputy ,minority ,whip1 #b1bai1jjj1 including #e1jjj for official expenses of the ,minority ,whip2 ,republican ,conference1 #b1cdj1jjj2 ,democratic ,caucus1 #b1cdj1jjj3 ,provided1 ,that such amount for salaries and expenses shall remain available from ,january #c1 #bjba until ,january #b1 #bjbb4 ,members' ,representational ,allowances ,,including ,,members' ,,clerk ,,hire1 ,,official ,,expenses ,,of ,,members1 ,,and ,,official ,,mail ,for ,members' representational allowances1 including ,members' clerk hire1 official expenses1 and official mail1 #fdj1jjj1jjj4 ,allowance for ,compensation of ,interns in ,member ,offices ,for the allowance established under section #abj of the ,legislative ,branch ,appropriations ,act1 #bjai 7#b ,u4,s4,c4 #ecbb;a7 for the compensation of interns who serve in the offices of ,members of the ,house of ,representatives1 #aa1jbe1jjj1 to remain available through ,january #b1 #bjbb3 ,provided1 ,that notwithstanding section #abj7;b7 of such ,act1 an office of a ,member of the ,house of ,representatives may use not more than #be1jjj of the allowance available under this heading during calendar year #bjba4 ,allowance for ,compensation of ,interns in ,house ,leadership ,offices ,for the allowance established under section #aac of the ,legislative ,branch ,appropriations ,act1 #bjbj 7#b ,u4,s4,c4 #eajf7 for the compensation of interns who serve in ,house leadership offices1 #cfe1jjj1 to remain available through ,january #b1 #bjbb3 ,provided1 ,that of the amount provided under this heading1 #bjj1jjj shall be available for the compensation of interns who serve in ,house leadership offices of the majority1 to be allocated among such offices by the ,speaker of the ,house of ,representatives1 and #afe1jjj shall be available for the compensation of interns who serve in ,house leadership offices of the minority1 to be allocated among such offices by the ,minority ,floor ,leader4 ,committee ,employees ,standing ,committees1 ,special and ,select ,for salaries and expenses of standing committees1 special and select1 authorized by ,house resolutions1 #ach1ajj1jjj3 ,provided1 ,that such amount shall remain available for such salaries and expenses until ,december #ca1 #bjbb1 except that #c1ajj1jjj of such amount shall remain available until expended for committee room upgrading4 ,committee on ,appropriations ,for salaries and expenses of the ,committee on ,appropriations1 #bd1gbe1jjj1 including studies and examinations of executive agencies and temporary personal services for such committee1 to be expended in accordance with section #bjb7;b7 of the ,legislative ,reorganization ,act of #aidf and to be available for reimbursement to agencies for services performed3 ,provided1 ,that such amount shall remain available for such salaries and expenses until ,december #ca1 #bjbb4 ,salaries1 ,officers and ,employees ,for compensation and expenses of officers and employees1 as authorized by law1 #bfj1gha1jjj1 including3 for salaries and expenses of the ,office of the ,clerk1 including the positions of the ,chaplain and the ,historian1 and including not more than #be1jjj for official representation and reception expenses1 of which not more than #bj1jjj is for the ,family ,room and not more than #b1jjj is for the ,office of the ,chaplain1 #ca1ige1jjj1 of which #d1jjj1jjj shall remain available until expended2 for salaries and expenses of the ,office of the ,sergeant at ,arms1 including the position of ,superintendent of ,garages and the ,office of ,emergency ,management1 and including not more than #c1jjj for official representation and reception expenses1 #bc1bfj1jjj1 of which #aa1jjj1jjj shall remain available until expended2 for salaries and expenses of the ,office of the ,chief ,administrative ,officer including not more than #c1jjj for official representation and reception expenses1 #agg1bjj1jjj1 of which #bf1jjj1jjj shall remain available until expended2 for salaries and expenses of the ,office of ,diversity and ,inclusion1 #a1ejj1jjj2 for salaries and expenses of the ,office of the ,whistleblower ,ombudsman1 #a1jjj1jjj2 for salaries and expenses of the ,office of the ,inspector ,general1 #e1jai1jjj2 for salaries and expenses of the ,office of ,general ,counsel1 #a1hae1jjj2 for salaries and expenses of the ,office of the ,parliamentarian1 including the ,parliamentarian1 #b1jjj for preparing the ,digest of ,rules1 and not more than #a1jjj for official representation and reception expenses1 #b1jhh1jjj2 for salaries and expenses of the ,office of the ,law ,revision ,counsel of the ,house1 #c1dfi1jjj2 for salaries and expenses of the ,office of the ,legislative ,counsel of the ,house1 #aa1icg1jjj2 for salaries and expenses of the ,office of ,interparliamentary ,affairs1 #icd1jjj2 for other authorized employees1 #ehd1jjj4 ,allowances and ,expenses ,for allowances and expenses as authorized by ,house resolution or law1 #cgd1ici1jjj1 including3 supplies1 materials1 administrative costs and ,federal tort claims1 #a1eee1jjj2 official mail for committees1 leadership offices1 and administrative offices of the ,house1 #aij1jjj2 ,government contributions for health1 retirement1 ,social ,security1 contractor support for actuarial projections1 and other applicable employee benefits1 #cce1jjj1jjj1 to remain available until ,march #ca1 #bjbb2 salaries and expenses for ,business ,continuity and ,disaster ,recovery1 #ah1ejh1jjj1 of which #f1jjj1jjj shall remain available until expended2 transition activities for new members and staff1 #ac1jjj1jjj1 to remain available until expended2 ,wounded ,warrior ,program and the ,congressional ,gold ,star ,family ,fellowship ,program1 #c1ige1jjj1 to remain available until expended2 ,office of ,congressional ,ethics1 #a1gaa1jjj2 and miscellaneous items including purchase1 exchange1 maintenance1 repair and operation of ,house motor vehicles1 interparliamentary receptions1 and gratuities to heirs of deceased employees of the ,house1 #a1jjj1jjj4 ,house of ,representatives ,modernization ,initiatives ,account 7,,including ,,transfer ,,of ,,funds7 ,for the ,house of ,representatives ,modernization ,initiatives ,account established in section #aae1 #b1jjj1jjj1 to remain available until expended3 ,provided1 ,that disbursement from this account is subject to approval of the ,committee on ,appropriations of the ,house of ,representatives3 ,provided further1 ,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 ,administration4 ,administrative ,provisions ,,requiring ,,amounts ,,remaining ,,in ,,members' ,,representational ,,allowances ,,to ,,be ,,used ,,for ,,deficit ,,reduction ,,or ,,to ,,reduce ,,the ,,federal ,,debt #aaj4 7a7 ,notwithstanding any other provision of law1 any amounts appropriated under this ,act for ,,house ,,of ,,representatives--,salaries and ,expenses--members' representational allowances shall be available only for fiscal year #bjba4 ,any amount remaining after all payments are made under such allowances for fiscal year #bjba shall be deposited in the ,treasury and used for deficit reduction 7or1 if there is no ,federal budget deficit after all such payments have been made1 for reducing the ,federal debt1 in such manner as the ,secretary of the ,treasury considers appropriate74 7b7 ,the ,committee on ,house ,administration of the ,house of ,representatives shall have authority to prescribe regulations to carry out this section4 7c7 ,as used in this section1 the term ,member of the ,house of ,representatives means a ,representative in1 or a ,delegate or ,resident ,commissioner to1 the ,congress4 ,,limitation ,,on ,,amount ,,available ,,to ,,lease ,,vehicles #aaa4 ,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 vehicle1 excluding mobile district offices1 in an aggregate amount that exceeds #a1jjj for the vehicle in any month4 ,,cybersecurity ,,assistance ,,for ,,house ,,of ,,representatives #aab4 ,the head of any ,federal entity that provides assistance to the ,house of ,representatives in the ,house's efforts to deter1 prevent1 mitigate1 or remediate cybersecurity risks to1 and incidents involving1 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 assistance1 including applying minimization procedures to limit the spread or sharing of privileged ,house and ,member information4 ,,rescissions ,,of ,,funds #aac4 7a7 ,of the unobligated balances available from prior appropriations ,acts from the revolving fund established under ,house ,resolution #fd1 ,ninety ,eighth ,congress1 agreed to ,february #h1 #aihc1 as enacted into permanent law by section #aaj of the ,congressional ,operations ,appropriation ,act1 #aihd 7#b ,u4,s4,c4 #diag71 #bab1igf is hereby rescinded4 7b7 ,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 ,representatives1 ,contingent ,expenses of the ,house in the first section of the ,legislative ,branch ,appropriation ,act1 #aidh 7#b ,u4,s4,c4 #eecd71 #a1jjj1jjj is hereby rescinded4 7c7 ,of the unobligated balances available from prior appropriations ,acts from the ,net ,expenses of ,telecommunications ,revolving ,fund under section #ajb of the ,legislative ,branch ,appropriations ,act1 #bjje 7#b ,u4,s4,c4 #eech71 #c1jjj1jjj is hereby rescinded4 ,,student ,,loan ,,cap ,,adjustment #aad4 7a7 ,increase in lifetime limit ,section #aje of the ,legislative ,branch ,appropriations ,act1 #bjjc 7#b ,u4,s4,c4 #decf7 is amended-- 7#a7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d72 and 7#b7 by inserting after subsection 7a7 the following new subsection3 7b7 ,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 #hj1jjj4 4 7b7 ,effective date2 transition 7#a7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to fiscal year #bjba and each succeeding fiscal year4 7#b7 ,permitting additional payments on behalf of individuals whose payments reached prior limit ,in promulgating regulations to carry out the amendment made by subsection 7a71 the ,committee on ,house ,administration of the ,house of ,representatives shall include regulations to permit payments to be made under the program under section #aje of the ,legislative ,branch ,appropriations ,act1 #bjjc 7#b ,u4,s4,c4 #decf7 on behalf of an individual who-- 7,a7 is an employee of an employing office of the ,house during fiscal year #bjba or any succeeding fiscal year2 7,b7 prior to fiscal year #bjba1 had payments made on the individual's behalf under the program under such section2 and 7,c7 prior to fiscal year #bjba1 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 7under regulations promulgated by the ,committee7 was in effect prior to fiscal year #bjba4 ,,house ,,of ,,representatives ,,modernization ,,initiatives ,,account #aae4 7a7 ,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 7hereafter in this section referred to as the ,account74 7b7 ,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 ,house1 including initiatives to promote administrative efficiencies and expand the use of innovative technologies in offices of the ,house4 7c7 ,continuing availability of funds ,funds in the ,account are available without fiscal year limitation4 7d7 ,authorizing transfers of funds among other house accounts ,section #aja7;c77#b7 of the ,legislative ,branch ,appropriations ,act1 #aiic 7#b ,u4,s4,c4 #eejg7;c77#b77 is amended by striking 1 and ,allowance for ,compensation of ,interns in ,house ,leadership ,offices4 and inserting ,allowance for ,compensation of ,interns in ,house ,leadership ,offices1 and ,house of ,representatives ,modernization ,initiatives ,account44 7e7 ,effective date ,this section and the amendments made by this section shall apply with respect to fiscal year #bjba and each succeeding fiscal year4 ,,congressional ,,mailing ,,standards #aaf4 7a7 ,short title ,this section may be cited as the ,communications ,outreach ,media and ,mail ,standards ,act or the ,,comms ,act4 7b7 ,renaming ,house ,commission on ,congressional ,mailing ,standards 7#a7 ,in general ,section #e7;a7 of the ,act entitled ,an ,act to amend title #ci1 ,united ,states ,code1 to clarify the proper use of the franking privilege by ,members of ,congress1 and for other purposes1 approved ,december #ah1 #aigc 7#b ,u4,s4,c4 #eja7;a771 is amended by striking ,house ,commission on ,congressional ,mailing ,standards and inserting ,house ,communications ,standards ,commission4 7#b7 ,conforming amendments 7,a7 ,title #ci ,title #ci1 ,united ,states ,code1 is amended by striking ,house ,commission on ,congressional ,mailing ,standards and inserting ,house ,communications ,standards ,commission each place it appears in the following sections3 7i7 ,section #cbaj7;a77#e71 7a77#f77;,d71 7b77#c71 7d77#e71 and 7d77#f77;,a74 7ii7 ,section #cbaf7;e77#a7 and 7e77#b74 7iii7 ,section #cbbj7;b74 7,b7 ,other provisions ,section #caa of the ,legislative ,branch ,appropriations ,act1 #aiia 7#b ,u4,s4,c4 #ejc7 is amended by striking ,house ,commission on ,congressional ,mailing ,standards and inserting ,house ,communications ,standards ,commission each place it appears in subsections 7a77#c71 7e77#a77;,b71 and 7f74 7#c7 ,references in ,other ,documents ,any reference in any rule1 regulation1 or other document to the ,house ,commission on ,congressional ,mailing ,standards shall be deemed to be a reference to the ,house ,communications ,standards ,commission4 7c7 ,authority of ,commission over official mass communications 7#a7 ,authority ,to provide guidance regarding dissemination of mass communications 7,a7 ,in general ,section #e7;d7 of the ,act entitled ,an ,act to amend title #ci1 ,united ,states ,code1 to clarify the proper use of the franking privilege by ,members of ,congress1 and for other purposes1 approved ,december #ah1 #aigc 7#b ,u4,s4,c4 #eja7;d771 is amended-- 7i7 in the first sentence1 by striking ,the ,commission and inserting 7#a7 ,the ,commission2 and 7ii7 by adding at the end the following new paragraph3 7#b7 ,in addition to the guidance1 assistance1 advice1 and counsel described in paragraph 7#a71 the ,commission shall provide-- 7,a7 guidance1 assistance1 advice1 and counsel1 through advisory opinions or consultations1 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 mail2 and 7,b7 guidance1 assistance1 advice1 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 quantity1 whether solicited or unsolicited4 4 7,b7 ,authority to investigate complaints ,section #e7;e7 of such ,act 7#b ,u4,s4,c4 #eja7;e77 is amended-- 7i7 in the first sentence1 by striking ,any complaint and all that follows through is about to occur and inserting the following3 ,any complaint that a violation of any provision of law or any rule or regulation of the ,house of ,representatives to which subsection 7d7 applies is about to occur2 and 7ii7 in the sentence beginning with ,notwithstanding any other provision of law1 by striking a violation of the franking laws or an abuse of the franking privilege by any person listed under subsection 7d7 of this section as entitled to send mail as franked mail1 and inserting a violation of any provision of law or any rule or regulation of the ,house of ,representatives to which subsection 7d7 applies14 7,c7 ,mass communication defined ,section #e of such ,act 7#b ,u4,s4,c4 #eja7 is amended by adding at the end the following new subsection3 7h7 ,in this section1 the term mass communication means a mass mailing described in section #cbaj7;a77#f77;,e7 of title #ci1 ,united ,states ,code1 or any other unsolicited communication of substantially identical content which is transmitted to #ejj or more persons in a session of ,congress1 as provided under regulations of the ,commission1 except that such term does not include-- 7#a7 any communication from an individual described in subsection 7d7 to another individual described in subsection 7d71 a ,senator1 or any ,federal1 ,state1 local1 or ,tribal government official2 7#b7 any news release to the communications media2 7#c7 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 transmitted2 or 7#d7 in the case of any such unsolicited communication which is transmitted in a digital format1 a communication for which the cost of the content is less than a threshold amount established under regulations of the ,house ,communications ,standards ,commission4 4 7#b7 ,authority ,to review all unsolicited mass communications 7,a7 ,requiring review before dissemination ,section #caa7;f7 of the ,legislative ,branch ,appropriations ,act1 #aiia 7#b ,u4,s4,c4 #ejc7;f77 is amended-- 7i7 by striking any mass mailing and inserting any mass communication2 7ii7 by striking mail matter and inserting matter2 and 7iii7 by striking such proposed mailing and inserting such proposed communication4 7,b7 ,exception for certain communications ,section #caa7;f7 of such ,act 7#b ,u4,s4,c4 #ejc7;f77 is amended-- 7i7 by striking ,a ,member and inserting 7#a7 ,except as provided in paragraph 7#b71 a ,member2 and 7ii7 by adding at the end the following new paragraph3 7#b7 ,paragraph 7#a7 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 ,commission4 4 7,c7 ,definition ,section #caa7;g7 of such ,act 7#b ,u4,s4,c4 #ejc7;g77 is amended-- 7i7 by striking and at the end of paragraph 7#a72 7ii7 by striking the period at the end of paragraph 7#b7 and inserting 2 and2 and 7iii7 by adding at the end the following new paragraph3 7#c7 the term mass communication means a mass mailing described in section #cbaj7;a77#f77;,e7 of title #ci1 ,united ,states ,code1 or any other unsolicited communication of substantially identical content which is transmitted to #ejj or more persons in a session of ,congress1 as provided under regulations of the ,house ,communications ,standards ,commission1 except that such term does not include-- 7,a7 any communication from a ,member of the ,house of ,representatives to another ,member of the ,house of ,representatives1 a ,senator1 or any ,federal1 ,state1 or local government official2 7,b7 any news release to the communications media2 7,c7 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 transmitted2 or 7,d7 in the case of any such unsolicited communication which is transmitted in a digital format1 a communication for which the cost of the content is less than a threshold amount established under regulations of the ,house ,communications ,standards ,commission4 4 7#c7 ,conforming amendment to ,rules of the ,house of ,representatives ,clause #i of rule ,,xxiv of the ,rules of the ,house of ,representatives is amended by inserting after that session1 the following3 or any other unsolicited communication of substantially identical content which is transmitted to #ejj or more persons in that session or1 in the case of a digital communication of substantially identical content1 which is disseminated at a cost exceeding a designated amount1 as provided under regulations of the ,house ,communications ,standards ,commission14 7d7 ,revision to mass mailing notice on taxpayer funding ,section #caa7;a7 of the ,legislative ,branch ,appropriations ,act1 #aiig 7#b ,u4,s4,c4 #ejf7;a77 is amended-- 7#a7 by striking 7a7 ,each mass mailing and inserting 7a77#a7 ,each mass mailing2 7#b7 by striking the following notice3 and all that follows through or a notice and inserting one of the notices described in paragraph 7#b7 or a notice2 and 7#c7 by adding at the end the following new paragraph3 7#b7 ,the notices described in this paragraph are as follows3 7,a7 ,paid for with official funds from the office of 41 with the blank filled in with the name of the ,member sending the mailing4 7,b7 ,paid for by the funds authorized by the ,house of ,representatives for ,district of 41 with the first blank filled in with the name of the congressional district number1 and the second blank filled in with the name of the ,state1 of the ,member sending the mailing4 7,c7 ,paid for by official funds authorized by the ,house of ,representatives4 4 7e7 ,revisions to restrictions on mail matter considered frankable 7#a7 ,expressions of congratulations ,section #cbaj7;a77#c77;,f7 of title #ci1 ,united ,states ,code1 is amended by striking to a person who has achieved some public distinction4 7#b7 ,biographical information related to official and representational duties ,section #cbaj7;a77#c77;,i7 of such title is amended by striking publication or in response to a specific request therefor and inserting the following3 publication1 in response to a specific request therefor1 or which relates to the ,member's or ,member-elect's official and representational duties14 7#c7 ,photos and likenesses included in newsletters or general mass mailings ,section #cbaj7;a77#c7 of such title is amended-- 7,a7 by adding or at the end of subparagraph 7,h72 7,b7 in subparagraph 7,i71 by striking 2 or and inserting a period2 and 7,c7 by striking subparagraph 7,j74 7#d7 ,clarification of ability of ,members to use franked mail ,to send personal messages to constituents ,section #cbaj7;a77#d7 of such title is amended by striking the period at the end and inserting the following3 1 except that nothing in this paragraph may be construed to prohibit the use of the franking privilege for the transmission of matter which is purely personal to a recipient who is a constituent of a ,member of ,congress and which is related to the official business1 activities1 and duties of the ,member44 7#e7 ,uniform blackout period for all ,members of ,congress 7,a7 ,uniform period ,section #cbaj7;a77#f77;,a7 of such title is amended-- 7i7 in clause 7i71 by striking 7or1 in the case of a ,member of the ,house1 fewer than #ij days72 and 7ii7 in clause 7ii77,,ii71 by striking #ij days and inserting #fj days4 7,b7 ,effective date ,the amendments made by paragraph 7#a7 shall apply with respect to the regularly scheduled general election for ,federal office held in ,november #bjbj and each succeeding election for public office4 7#f7 ,information on certain matters ,section #cbaj7;a77#f77;,e7 of such title is amended-- 7,a7 by striking or at the end of clause 7ii72 7,b7 by striking the period at the end of clause 7iii7 and inserting 2 or2 and 7,c7 by adding at the end the following new clause3 7iv7 providing information exclusively on competitions which are officially sanctioned by the ,house of ,representatives or ,senate1 nominations to military service academies1 official employment listings for positions in the ,house of ,representatives 7including listings for positions in the ,wounded ,warrior ,program or the ,gold ,star ,family ,fellowship ,program71 or natural disasters or other threats to public health and life safety4 4 7f7 ,effective date ,except as provided in subsection 7e77#e77;,b71 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 ,act4 ,,authorizing ,,use ,,of ,,members' ,,representational ,,allowance ,,for ,,expenses ,,of ,,members-,,elect #aag4 7a7 ,authorization ,section #aja7;a7 of the ,house of ,representatives ,administrative ,reform ,technical ,corrections ,act 7#b ,u4,s4,c4 #ecda7;a77 is amended-- 7#a7 by striking a ,member and inserting a ,member or ,member-elect2 and 7#b7 by striking the ,member and inserting the ,member or ,member-elect4 7b7 ,regulations ,section #aja7;d7 of such ,act 7#b ,u4,s4,c4 #ecda7;d77 is amended by striking the period at the end and inserting the following3 1 including regulations establishing under subsection 7a7 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 ,congress44 7c7 ,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 ,congress4 ,,joint ,,items ,for ,joint ,committees1 as follows3 ,joint ,economic ,committee ,for salaries and expenses of the ,joint ,economic ,committee1 #d1bjc1jjj1 to be disbursed by the ,secretary of the ,senate4 ,joint ,committee on ,taxation ,for salaries and expenses of the ,joint ,committee on ,taxation1 #aa1ije1jjj1 to be disbursed by the ,chief ,administrative ,officer of the ,house of ,representatives4 ,for other joint items1 as follows3 ,office of the ,attending ,physician ,for medical supplies1 equipment1 and contingent expenses of the emergency rooms1 and for the ,attending ,physician and his assistants1 including3 7#a7 an allowance of #b1age per month to the ,attending ,physician2 7#b7 an allowance of #a1cjj per month to the ,senior ,medical ,officer2 7#c7 an allowance of #gbe per month each to three medical officers while on duty in the ,office of the ,attending ,physician2 7#d7 an allowance of #gbe per month to #b assistants and #ehj per month each not to exceed #aa assistants on the basis heretofore provided for such assistants2 and 7#e7 #b1gif1jjj for reimbursement to the ,department of the ,navy for expenses incurred for staff and equipment assigned to the ,office of the ,attending ,physician1 which shall be advanced and credited to the applicable appropriation or appropriations from which such salaries1 allowances1 and other expenses are payable and shall be available for all the purposes thereof1 #c1hfi1jjj1 to be disbursed by the ,chief ,administrative ,officer of the ,house of ,representatives4 ,office of ,congressional ,accessibility ,services ,salaries and ,expenses ,for salaries and expenses of the ,office of ,congressional ,accessibility ,services1 #a1ecf1jjj1 to be disbursed by the ,secretary of the ,senate4 ,,capitol ,,police ,salaries ,for salaries of employees of the ,capitol ,police1 including overtime1 hazardous duty pay1 and ,government contributions for health1 retirement1 social security1 professional liability insurance1 and other applicable employee benefits1 #dbd1cig1jjj of which overtime shall not exceed #ej1bdf1jjj unless the ,committee on ,appropriations of the ,house and ,senate are notified1 to be disbursed by the ,chief of the ,capitol ,police or his designee4 ,general ,expenses ,for necessary expenses of the ,capitol ,police1 including motor vehicles1 communications and other equipment1 security equipment and installation1 uniforms1 weapons1 supplies1 materials1 training1 medical services1 forensic services1 stenographic services1 personal and professional services1 the employee assistance program1 the awards program1 postage1 communication services1 travel advances1 relocation of instructor and liaison personnel for the ,federal ,law ,enforcement ,training ,center1 and not more than #e1jjj to be expended on the certification of the ,chief of the ,capitol ,police in connection with official representation and reception expenses1 #ia1add1jjj1 to be disbursed by the ,chief of the ,capitol ,police or his designee3 ,provided1 ,that1 notwithstanding any other provision of law1 the cost of basic training for the ,capitol ,police at the ,federal ,law ,enforcement ,training ,center for fiscal year #bjba shall be paid by the ,secretary of ,homeland ,security from funds available to the ,department of ,homeland ,security3 ,provided further1 ,that of the amounts made available under this heading1 #c1fci1jjj1 to remain available until expended1 shall be for the ,joint ,audible ,warning ,system4 ,administrative ,provision ,,student ,,loan ,,cap ,,adjustment #abj4 ,section #ijh7;c7 of the ,emergency ,supplemental ,act1 #bjjb 7#b ,u4,s4,c4 #aibf7;c771 is amended by striking #fj1jjj and inserting #hj1jjj4 ,,office ,,of ,,congressional ,,workplace ,,rights ,salaries and ,expenses ,for salaries and expenses necessary for the operation of the ,office of ,congressional ,workplace ,rights1 #g1ejj1jjj1 of which #a1jjj1jjj shall remain available until ,september #cj1 #bjbb1 and of which not more than #a1jjj may be expended on the certification of the ,executive ,director in connection with official representation and reception expenses4 ,,congressional ,,budget ,,office ,salaries and ,expenses ,for salaries and expenses necessary for operation of the ,congressional ,budget ,office1 including not more than #f1jjj to be expended on the certification of the ,director of the ,congressional ,budget ,office in connection with official representation and reception expenses1 #eg1bib1jjj3 ,provided1 ,that the ,director shall use not less than #ejj1jjj of the amount made available under this heading for 7#a7 improving technical systems1 processes1 and models for the purpose of improving the transparency of estimates of budgetary effects to ,members of ,congress1 employees of ,members of ,congress1 and the public1 and 7#b7 to increase the availability of models1 economic assumptions1 and data for ,members of ,congress1 employees of ,members of ,congress1 and the public4 ,,architect ,,of ,,the ,,capitol ,capital ,construction and ,operations ,for salaries for the ,architect of the ,capitol1 and other personal services1 at rates of pay provided by law2 for all necessary expenses for surveys and studies1 construction1 operation1 and general and administrative support in connection with facilities and activities under the care of the ,architect of the ,capitol including the ,botanic ,garden2 electrical substations of the ,capitol1 ,senate and ,house office buildings1 and other facilities under the jurisdiction of the ,architect of the ,capitol2 including furnishings and office equipment2 including not more than #e1jjj for official reception and representation expenses1 to be expended as the ,architect of the ,capitol may approve2 for purchase or exchange1 maintenance1 and operation of a passenger motor vehicle1 #abg1dfb1jjj1 of which #a1ejj1jjj shall remain available until ,september #cj1 #bjbe4 ,capitol ,building ,for all necessary expenses for the maintenance1 care and operation of the ,capitol1 #cd1gai1jjj1 of which #f1jii1jjj shall remain available until ,september #cj1 #bjbe4 ,capitol ,grounds ,for all necessary expenses for care and improvement of grounds surrounding the ,capitol1 the ,senate and ,house office buildings1 and the ,capitol ,power ,plant1 #bj1efj1jjj1 of which #g1hjj1jjj shall remain available until ,september #cj1 #bjbe4 ,senate ,office ,buildings ,for all necessary expenses for the maintenance1 care and operation of ,senate office buildings2 and furniture and furnishings to be expended under the control and supervision of the ,architect of the ,capitol1 #hi1fae1bhj1 of which #bb1bjj1jjj shall remain available until ,september #cj1 #bjbe4 ,house ,office ,buildings 7,,including ,,transfer ,,of ,,funds7 ,for all necessary expenses for the maintenance1 care and operation of the ,house office buildings1 #ach1ghj1jjj1 of which #ad1edj1jjj shall remain available until ,september #cj1 #bjbe1 and of which #fb1jjj1jjj shall remain available until expended for the restoration and renovation of the ,cannon ,house ,office ,building3 ,provided1 ,that of the amount made available under this heading1 #i1jjj1jjj shall be derived by transfer from the ,house ,office ,building ,fund established under section #agf7;d7 of the ,continuing ,appropriations ,act1 #bjag1 as added by section #aja7c7 of the ,further ,continuing ,appropriation ,act1 #bjag 7,public ,law #aad-bed2 #b ,u4,s4,c4 #bjja note74 ,capitol ,power ,plant ,for all necessary expenses for the maintenance1 care and operation of the ,capitol ,power ,plant2 lighting1 heating1 power 7including the purchase of electrical energy7 and water and sewer services for the ,capitol1 ,senate and ,house office buildings1 ,library of ,congress buildings1 and the grounds about the same1 ,botanic ,garden1 ,senate garage1 and air conditioning refrigeration not supplied from plants in any of such buildings2 heating the ,government ,publishing ,office and ,washington ,city ,post ,office1 and heating and chilled water for air conditioning for the ,supreme ,court ,building1 the ,union ,station complex1 the ,thurgood ,marshall ,federal ,judiciary ,building and the ,folger ,shakespeare ,library1 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 appropriation1 #ig1gfa1jjj1 of which #ac1gjj1jjj shall remain available until ,september #cj1 #bjbe3 ,provided1 ,that not more than #aj1jjj1jjj of the funds credited or to be reimbursed to this appropriation as herein provided shall be available for obligation during fiscal year #bjba4 ,library ,buildings and ,grounds ,for all necessary expenses for the mechanical and structural maintenance1 care and operation of the ,library buildings and grounds1 #hc1ddf1jjj1 of which #ea1fjj1jjj shall remain available until ,september #cj1 #bjbe4 ,capitol ,police ,buildings1 ,grounds and ,security ,for all necessary expenses for the maintenance1 care and operation of buildings1 grounds and security enhancements of the ,united ,states ,capitol ,police1 wherever located1 the ,alternate ,computing ,facility1 and ,architect of the ,capitol security operations1 #de1iic1jjj1 of which #ae1gjj1jjj shall remain available until ,september #cj1 #bjbe3 ,provided1 ,that of the amounts made available under this heading1 #b1ejj1jjj1 to remain available until expended1 shall be for the ,joint ,audible ,warning ,system4 ,botanic ,garden ,for all necessary expenses for the maintenance1 care and operation of the ,botanic ,garden and the nurseries1 buildings1 grounds1 and collections2 and purchase and exchange1 maintenance1 repair1 and operation of a passenger motor vehicle2 all under the direction of the ,joint ,committee on the ,library1 #bj1ihf1jjj1 of which #h1cjj1jjj shall remain available until ,september #cj1 #bjbe3 ,provided1 ,that1 of the amount made available under this heading1 the ,architect of the ,capitol may obligate and expend such sums as may be necessary for the maintenance1 care and operation of the ,national ,garden established under section #cjg;,e of the ,legislative ,branch ,appropriations ,act1 #aihi 7#b ,u4,s4,c4 #badf71 upon vouchers approved by the ,architect of the ,capitol or a duly authorized designee4 ,capitol ,visitor ,center ,for all necessary expenses for the operation of the ,capitol ,visitor ,center1 #bd1gea1jjj4 ,administrative ,provision ,,no ,,bonuses ,,for ,,contractors ,,behind ,,schedule ,,or ,,over ,,budget #acj4 ,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 budget1 unless the ,architect of the ,capitol1 or agency-employed designee1 determines that any such deviations are due to unforeseeable events1 government-driven scope changes1 or are not significant within the overall scope of the project and_/or program4 ,,library ,,of ,,congress ,salaries and ,expenses ,for all necessary expenses of the ,library of ,congress not otherwise provided for1 including development and maintenance of the ,library's catalogs2 custody and custodial care of the ,library buildings2 information technology services provided centrally2 special clothing2 cleaning1 laundering and repair of uniforms2 preservation of motion pictures in the custody of the ,library2 operation and maintenance of the ,american ,folklife ,center in the ,library2 preparation and distribution of catalog records and other publications of the ,library2 hire or purchase of one passenger motor vehicle2 and expenses of the ,library of ,congress ,trust ,fund ,board not properly chargeable to the income of any trust fund held by the ,board1 #ebc1fed1jjj1 and1 in addition1 amounts credited to this appropriation during fiscal year #bjba under the ,act of ,june #bh1 #aijb 7chapter #acja2 #cb ,stat4 #dhj2 #b ,u4,s4,c4 #aej71 shall remain available until expended3 ,provided1 ,that the ,library of ,congress may not obligate or expend any funds derived from collections under the ,act of ,june #bh1 #aijb1 in excess of the amount authorized for obligation or expenditure in appropriations ,acts3 ,provided further1 ,that of the total amount appropriated1 not more than #ah1jjj may be expended1 on the certification of the ,librarian of ,congress1 in connection with official representation and reception expenses1 including for the ,overseas ,field ,offices3 ,provided further1 ,that of the total amount appropriated1 #i1dbd1jjj shall remain available until expended for the ,teaching with ,primary ,sources program3 ,provided further1 ,that of the total amount appropriated1 #a1chd1jjj shall remain available until expended for upgrade of the ,legislative ,branch ,financial ,management ,system3 ,provided further1 ,that of the total amount appropriated1 #bej1jjj 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 ,states3 ,provided further1 ,that of the total amount appropriated1 #c1gbj1jjj shall remain available until expended for the ,veterans ,history ,project to continue digitization efforts of already collected materials1 reach a greater number of veterans to record their stories1 and promote public access to the ,project3 ,provided further1 ,that of the total amount appropriated1 #aj1jjj1jjj shall remain available until expended for the ,library's ,visitor ,experience project1 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 and by the ,subcommittee on the ,legislative ,branch of the ,committee on ,appropriations of the ,senate3 ,provided further1 ,that of the total amount appropriated1 #d1cgj1jjj shall remain available until ,september #cj1 #bjbe1 to complete the second of three phases of the shelving replacement in the ,law ,library's collection storage areas3 ,provided further1 ,that of the total amount appropriated1 #b1ejj1jjj shall remain available until ,september #cj1 #bjbb1 for the phase-out and retirement of the de-acidification preservation program4 ,copyright ,office ,,salaries ,,and ,,expenses ,for all necessary expenses of the ,copyright ,office1 #ic1daf1jjj1 of which not more than #ch1jjd1jjj1 to remain available until expended1 shall be derived from collections credited to this appropriation during fiscal year #bjba under sections #gjh7;d7 and #acaf of title #ag1 ,united ,states ,code3 ,provided1 ,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 ,acts3 ,provided further1 ,that not more than #f1ggh1jjj shall be derived from collections during fiscal year #bjba under sections #aaa7;d77#b71 #aai7;b77#c71 #hjc7;e71 and #ajje of such title3 ,provided further1 ,that the total amount available for obligation shall be reduced by the amount by which collections are less than #dd1ghb1jjj3 ,provided further1 ,that of the funds provided under this heading1 not less than #ag1ajj1jjj is for modernization initiatives1 of which #aj1jjj1jjj shall remain available until ,september #cj1 #bjbb3 ,provided further1 ,that not more than #ajj1jjj 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 policies3 ,provided further1 ,that not more than #f1ejj may be expended1 on the certification of the ,librarian of ,congress1 in connection with official representation and reception expenses for activities of the ,international ,copyright ,institute and for copyright delegations1 visitors1 and seminars3 ,provided further1 ,that1 notwithstanding any provision of chapter #h of title #ag1 ,united ,states ,code1 any amounts made available under this heading which are attributable to royalty fees and payments received by the ,copyright ,office pursuant to sections #aaa1 #aai1 and chapter #aj of such title may be used for the costs incurred in the administration of the ,copyright ,royalty ,judges program1 with the exception of the costs of salaries and benefits for the ,copyright ,royalty ,judges and staff under section #hjb7;e74 ,congressional ,research ,service ,,salaries ,,and ,,expenses ,for all necessary expenses to carry out the provisions of section #bjc of the ,legislative ,reorganization ,act of #aidf 7#b ,u4,s4,c4 #aff7 and to revise and extend the ,annotated ,constitution of the ,united ,states of ,america1 #abe1die1jjj3 ,provided1 ,that no part of such amount may be used to pay any salary or expense in connection with any publication1 or preparation of material therefor 7except the ,digest of ,public ,general ,bills71 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 ,senate3 ,provided further1 ,that this prohibition does not apply to publication of non-confidential ,congressional ,research ,service 7,,crs7 products3 ,provided further1 ,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 ,intranet1 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 research4 ,national ,library ,service for the ,blind and ,print ,disabled ,,salaries ,,and ,,expenses ,for all necessary expenses to carry out the ,act of ,march #c1 #aica 7chapter #djj2 #df ,stat4 #adhg2 #b ,u4,s4,c4 #ace;a71 #ei1efc1jjj3 ,provided1 ,that of the total amount appropriated1 #fej1jjj shall be available to contract to provide newspapers to blind and print disabled residents at no cost to the individual4 ,administrative ,provision ,,reimbursable ,,and ,,revolving ,,fund ,,activities #adj4 7a7 ,in general ,for fiscal year #bjba1 the obligational authority of the ,library of ,congress for the activities described in subsection 7b7 may not exceed #beb1eeb1jjj4 7b7 ,activities ,the activities referred to in subsection 7a7 are reimbursable and revolving fund activities that are funded from sources other than appropriations to the ,library in appropriations ,acts for the legislative branch4 ,,government ,,publishing ,,office ,congressional ,publishing 7,,including ,,transfer ,,of ,,funds7 ,for authorized publishing of congressional information and the distribution of congressional information in any format2 publishing of ,government publications authorized by law to be distributed to ,members of ,congress2 and publishing1 and distribution of ,government publications authorized by law to be distributed without charge to the recipient1 #gh1jjj1jjj3 ,provided1 ,that this appropriation shall not be available for paper copies of the permanent edition of the ,congressional ,record for individual ,representatives1 ,resident ,commissioners or ,delegates authorized under section #ijf of title #dd1 ,united ,states ,code3 ,provided further1 ,that this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years3 ,provided further1 ,that notwithstanding the #b-year limitation under section #gah of title #dd1 ,united ,states ,code1 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 under chapter #g of title #dd1 ,united ,states ,code1 may be expended to print a document1 report1 or publication after the #bg-month period beginning on the date that such document1 report1 or publication is authorized by ,congress to be printed1 unless ,congress reauthorizes such printing in accordance with section #gah of title #dd1 ,united ,states ,code3 ,provided further1 ,that unobligated or unexpended balances of expired discretionary funds made available under this heading in this ,act for this fiscal year may be transferred to1 and merged with1 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 appropriated1 to be available for carrying out the purposes of this heading1 subject to the approval of the ,committees on ,appropriations of the ,house of ,representatives and the ,senate3 ,provided further1 ,that notwithstanding sections #ija1 #ijb1 and #ijf of title #dd1 ,united ,states ,code1 this appropriation may be used to prepare indexes to the ,congressional ,record on only a monthly and session basis4 ,public ,information ,programs of the ,superintendent of ,documents ,,salaries ,,and ,,expenses 7,,including ,,transfer ,,of ,,funds7 ,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 format1 and their distribution to the public1 ,members of ,congress1 other ,government agencies1 and designated depository and international exchange libraries as authorized by law1 #cb1cjj1jjj3 ,provided1 ,that amounts of not more than #b1jjj1jjj 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 libraries3 ,provided further1 ,that unobligated or unexpended balances of expired discretionary funds made available under this heading in this ,act for this fiscal year may be transferred to1 and merged with1 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 appropriated1 to be available for carrying out the purposes of this heading1 subject to the approval of the ,committees on ,appropriations of the ,house of ,representatives and the ,senate4 ,government ,publishing ,office ,business ,operations ,revolving ,fund ,for payment to the ,government ,publishing ,office ,business ,operations ,revolving ,fund1 #f1gjj1jjj1 to remain available until expended1 for information technology development and facilities repair3 ,provided1 ,that the ,government ,publishing ,office is hereby authorized to make such expenditures1 within the limits of funds available and in accordance with law1 and to make such contracts and commitments without regard to fiscal year limitations as provided by section #iajd of title #ca1 ,united ,states ,code1 as may 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 ,fund3 ,provided further1 ,that not more than #g1ejj may be expended on the certification of the ,director of the ,government ,publishing ,office in connection with official representation and reception expenses3 ,provided further1 ,that the ,business ,operations ,revolving ,fund shall be available for the hire or purchase of not more than #ab passenger motor vehicles3 ,provided further1 ,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 #dd1 ,united ,states ,code3 ,provided further1 ,that the ,business ,operations ,revolving ,fund shall be available for temporary or intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 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 #ecaf of such title3 ,provided further1 ,that activities financed through the ,business ,operations ,revolving ,fund may provide information in any format3 ,provided further1 ,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 ,columbia4 ,,government ,,accountability ,,office ,salaries and ,expenses ,for necessary expenses of the ,government ,accountability ,office1 including not more than #ab1ejj to be expended on the certification of the ,comptroller ,general of the ,united ,states in connection with official representation and reception expenses2 temporary or intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 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 #ecae of such title2 hire of one passenger motor vehicle2 advance payments in foreign countries in accordance with section #ccbd of title #ca1 ,united ,states ,code2 benefits comparable to those payable under sections #ija7e71 7#f71 and 7#h7 of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djha7e71 7#f71 and 7#h772 and under regulations prescribed by the ,comptroller ,general of the ,united ,states1 rental of living quarters in foreign countries1 #ffa1aci1jjj3 ,provided1 ,that1 in addition1 #ca1cdb1jjj of payments received under sections #ghb1 #gia1 #ceba1 and #iaje of title #ca1 ,united ,states ,code1 shall be available without fiscal year limitation3 ,provided further1 ,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 ,forum1 including necessary travel expenses of non-,federal participants3 ,provided further1 ,that payments hereunder to the ,forum may be credited as reimbursements to any appropriation from which costs involved are initially financed4 ,,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 #cac of the ,legislative ,branch ,appropriations ,act1 #bjja 7#b ,u4,s4,c4 #aaea71 #f1jjj1jjj3 ,provided1 ,that funds made available to support ,russian participants shall only be used for those engaging in free market development1 humanitarian activities1 and civic engagement1 and shall not be used for officials of the central government of ,russia4 ,,john ,c4 ,,stennis ,,center ,,for ,,public ,,service ,,training ,,and ,,development ,for payment to the ,john ,c4 ,stennis ,center for ,public ,service ,development ,trust ,fund established under section #aaf of the ,john ,c4 ,stennis ,center for ,public ,service ,training and ,development ,act 7#b ,u4,s4,c4 #aaje71 #dcj1jjj4 ,,ii ,,general ,,provisions ,,maintenance ,,and ,,care ,,of ,,private ,,vehicles #bja4 ,no part of the funds appropriated in this ,act shall be used for the maintenance or care of private vehicles1 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 ,administration4 ,,fiscal ,,year ,,limitation #bjb4 ,no part of the funds appropriated in this ,act shall remain available for obligation beyond fiscal year #bjba unless expressly so provided in this ,act4 ,,rates ,,of ,,compensation ,,and ,,designation #bjc4 ,whenever in this ,act any office or position not specifically established by the ,legislative ,pay ,act of #aibi 7#df ,stat4 #cb et seq47 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 ,act1 the rate of compensation and the designation in this ,act shall be the permanent law with respect thereto3 ,provided1 ,that the provisions in this ,act for the various items of official expenses of ,members1 officers1 and committees of the ,senate and ,house of ,representatives1 and clerk hire for ,senators and ,members of the ,house of ,representatives shall be the permanent law with respect thereto4 ,,consulting ,,services #bjd4 ,the expenditure of any appropriation under this ,act for any consulting service through procurement contract1 under section #caji of title #e1 ,united ,states ,code1 shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection1 except where otherwise provided under existing law1 or under existing ,executive order issued under existing law4 ,,costs ,,of ,,lbfmc #bje4 ,amounts available for administrative expenses of any legislative branch entity which participates in the ,legislative ,branch ,financial ,managers ,council 7,,lbfmc7 established by charter on ,march #bf1 #aiif1 shall be available to finance an appropriate share of ,,lbfmc costs as determined by the ,,lbfmc1 except that the total ,,lbfmc costs to be shared among all participating legislative branch entities 7in such allocations among the entities as the entities may determine7 may not exceed #b1jjj4 ,,limitation ,,on ,,transfers #bjf4 ,none of the funds made available in this ,act may be transferred to any department1 agency1 or instrumentality of the ,united ,states ,government1 except pursuant to a transfer made by1 or transfer authority provided in1 this ,act or any other appropriation ,act4 ,,guided ,,tours ,,of ,,the ,,capitol #bjg4 7a7 ,except as provided in subsection 7b71 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 ,senate1 unless through regulations as authorized by section #djb7;b77#h7 of the ,capitol ,visitor ,center ,act of #bjjh 7#b ,u4,s4,c4 #bbdb7;b77#h774 7b7 ,at the direction of the ,capitol ,police ,board1 or at the direction of the ,architect of the ,capitol with the approval of the ,capitol ,police ,board1 guided tours of the ,united ,states ,capitol which are led by employees and interns described in subsection 7a7 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 ,capitol4 ,,limitation ,,on ,,telecommunications ,,equipment ,,procurement #bjh4 7a7 ,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 system1 as defined for security categorization in the ,national ,institute of ,standards and ,technology's 7,,nist7 ,federal ,information ,processing ,standard ,publication #aii1 ,standards for ,security ,categorization of ,federal ,information and ,information ,systems unless the agency1 office1 or other entity acquiring the equipment or system has-- 7#a7 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 ,government2 7#b7 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 agencies2 and 7#c7 in consultation with the ,federal ,bureau of ,investigation or other appropriate ,federal entity1 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 system1 including any risk associated with such system being produced1 manufactured1 or assembled by one or more entities identified by the ,united ,states ,government as posing a cyber threat1 including but not limited to1 those that may be owned1 directed1 or subsidized by the ,people's ,republic of ,china1 the ,islamic ,republic of ,iran1 the ,democratic ,people's ,republic of ,korea1 or the ,russian ,federation4 7b7 ,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 7a7 unless the head of the assessing entity described in subsection 7a7 has-- 7#a7 developed1 in consultation with ,,nist and supply chain risk management experts1 a mitigation strategy for any identified risks2 7#b7 determined1 in consultation with ,,nist and the ,federal ,bureau of ,investigation1 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 ,states2 and 7#c7 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 7#a71 provided that such report may include a classified annex as necessary4 ,,prohibition ,,on ,,certain ,,operational ,,expenses #bji4 7a7 ,none of the funds made available in this ,act may be used to maintain or establish a computer network unless such network blocks the viewing1 downloading1 and exchanging of pornography4 7b7 ,nothing in subsection 7a7 shall limit the use of funds necessary for any ,federal1 ,state1 tribal1 or local law enforcement agency or any other entity carrying out criminal investigations1 prosecution1 or adjudication activities or other official government activities4 ,,plastic ,,waste ,,reduction #baj4 ,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 providers1 in consultation with disability advocacy groups1 to eliminate or reduce plastic waste1 including waste from plastic straws1 explore the use of biodegradable items1 and increase recycling and composting opportunities4 ,,joint ,,congressional ,,committee ,,on ,,inaugural ,,ceremonies ,,of #bjba #baa4 ,there is hereby appropriated #b1jjj1jjj1 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 #bjba in division ,e of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id74 ,,capitol ,,complex ,,health ,,and ,,safety #bab4 ,in addition to the amounts appropriated under this ,act under the heading ,office of the ,attending ,physician1 there is hereby appropriated to the ,office of the ,attending ,physician #e1jjj1jjj1 to remain available until expended1 for response to ,,covid-#ai1 including testing1 subject to the same terms and conditions as the amounts appropriated under such heading4 ,,government ,,accountability ,,office ,,supplemental ,,oversight #bac4 ,for an additional amount for ,salaries and ,expenses1 #aj1jjj1jjj1 to remain available until expended1 to prevent1 prepare for1 and respond to coronavirus1 which shall be for audits and investigations1 as authorized by this title3 ,provided1 ,that not later than #ij days after the date of enactment of this ,act1 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 investigations3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,this division may be cited as the ,legislative ,branch ,appropriations ,act1 #bjba4 ,j ,military ,construction1 ,veterans ,affairs1 and ,related ,agencies ,appropriations ,act1 #bjba ,i ,,department ,,of ,,defense ,military construction1 army ,for acquisition1 construction1 installation1 and equipment of temporary or permanent public works1 military installations1 facilities1 and real property for the ,army as currently authorized by law1 including personnel in the ,army ,corps of ,engineers and other personal services necessary for the purposes of this appropriation1 and for construction and operation of facilities in support of the functions of the ,commander in ,chief1 #fbh1ijj1jjj1 to remain available until ,september #cj1 #bjbe3 ,provided1 ,that1 of this amount1 not to exceed #adg1jjj1jjj shall be available for study1 planning1 design1 architect and engineer services1 and host nation support1 as authorized by law1 unless the ,secretary of the ,army 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 therefor4 ,military construction1 navy and marine corps ,for acquisition1 construction1 installation1 and equipment of temporary or permanent public works1 naval installations1 facilities1 and real property for the ,navy and ,marine ,corps as currently authorized by law1 including personnel in the ,naval ,facilities ,engineering ,command and other personal services necessary for the purposes of this appropriation1 #a1gaf1add1jjj1 to remain available until ,september #cj1 #bjbe3 ,provided1 ,that1 of this amount1 not to exceed #bfa1gaj1jjj shall be available for study1 planning1 design1 and architect and engineer services1 as authorized by law1 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 therefor4 ,military construction1 air force ,for acquisition1 construction1 installation1 and equipment of temporary or permanent public works1 military installations1 facilities1 and real property for the ,air ,force as currently authorized by law1 #faf1aef1jjj1 to remain available until ,september #cj1 #bjbe3 ,provided1 ,that1 of this amount1 not to exceed #bab1eef1jjj shall be available for study1 planning1 design1 and architect and engineer services1 as authorized by law1 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 therefor4 ,military construction1 defense-,wide 7,,including ,,transfer ,,of ,,funds7 ,for acquisition1 construction1 installation1 and equipment of temporary or permanent public works1 installations1 facilities1 and real property for activities and agencies of the ,department of ,defense 7other than the military departments71 as currently authorized by law1 #b1jda1iji1jjj1 to remain available until ,september #cj1 #bjbe3 ,provided1 ,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 designate1 to be merged with and to be available for the same purposes1 and for the same time period1 as the appropriation or fund to which transferred3 ,provided further1 ,that1 of the amount1 not to exceed #afb1jgf1jjj shall be available for study1 planning1 design1 and architect and engineer services1 as authorized by law1 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 therefor4 ,military construction1 army national guard ,for construction1 acquisition1 expansion1 rehabilitation1 and conversion of facilities for the training and administration of the ,army ,national ,guard1 and contributions therefor1 as authorized by chapter #ahjc of title #aj1 ,united ,states ,code1 and ,military ,construction ,authorization ,acts1 #cdi1dcg1jjj1 to remain available until ,september #cj1 #bjbe3 ,provided1 ,that1 of the amount1 not to exceed #dd1eic1jjj shall be available for study1 planning1 design1 and architect and engineer services1 as authorized by law1 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 therefor4 ,military construction1 air national guard ,for construction1 acquisition1 expansion1 rehabilitation1 and conversion of facilities for the training and administration of the ,air ,national ,guard1 and contributions therefor1 as authorized by chapter #ahjc of title #aj1 ,united ,states ,code1 and ,military ,construction ,authorization ,acts1 #fd1bad1jjj1 to remain available until ,september #cj1 #bjbe3 ,provided1 ,that1 of the amount1 not to exceed #c1dad1jjj shall be available for study1 planning1 design1 and architect and engineer services1 as authorized by law1 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 therefor4 ,military construction1 army reserve ,for construction1 acquisition1 expansion1 rehabilitation1 and conversion of facilities for the training and administration of the ,army ,reserve as authorized by chapter #ahjc of title #aj1 ,united ,states ,code1 and ,military ,construction ,authorization ,acts1 #hh1ccg1jjj1 to remain available until ,september #cj1 #bjbe3 ,provided1 ,that1 of the amount1 not to exceed #a1bah1jjj shall be available for study1 planning1 design1 and architect and engineer services1 as authorized by law1 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 therefor4 ,military construction1 navy reserve ,for construction1 acquisition1 expansion1 rehabilitation1 and conversion of facilities for the training and administration of the reserve components of the ,navy and ,marine ,corps as authorized by chapter #ahjc of title #aj1 ,united ,states ,code1 and ,military ,construction ,authorization ,acts1 #gj1iie1jjj1 to remain available until ,september #cj1 #bjbe3 ,provided1 ,that1 of the amount1 not to exceed #c1dhe1jjj shall be available for study1 planning1 design1 and architect and engineer services1 as authorized by law1 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 therefor4 ,military construction1 air force reserve ,for construction1 acquisition1 expansion1 rehabilitation1 and conversion of facilities for the training and administration of the ,air ,force ,reserve as authorized by chapter #ahjc of title #aj1 ,united ,states ,code1 and ,military ,construction ,authorization ,acts1 #bc1aag1jjj1 to remain available until ,september #cj1 #bjbe3 ,provided1 ,that1 of the amount1 not to exceed #c1bgj1jjj shall be available for study1 planning1 design1 and architect and engineer services1 as authorized by law1 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 therefor4 ,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 7including international military headquarters7 and for related expenses for the collective defense of the ,north ,atlantic ,treaty ,area as authorized by section #bhjf of title #aj1 ,united ,states ,code1 and ,military ,construction ,authorization ,acts1 #agc1jcj1jjj1 to remain available until expended4 ,department of defense base closure account ,for deposit into the ,department of ,defense ,base ,closure ,account1 established by section #bijf7;a7 of the ,defense ,base ,closure and ,realignment ,act of #aiij 7#aj ,u4,s4,c4 #bfhg note71 #dhj1ddg1jjj1 to remain available until expended4 ,family housing construction1 army ,for expenses of family housing for the ,army for construction1 including acquisition1 replacement1 addition1 expansion1 extension1 and alteration1 as authorized by law1 #aai1djj1jjj1 to remain available until ,september #cj1 #bjbe4 ,family housing operation and maintenance1 army ,for expenses of family housing for the ,army for operation and maintenance1 including debt payment1 leasing1 minor construction1 principal and interest charges1 and insurance premiums1 as authorized by law1 #ceb1cdb1jjj4 ,family housing construction1 navy and marine corps ,for expenses of family housing for the ,navy and ,marine ,corps for construction1 including acquisition1 replacement1 addition1 expansion1 extension1 and alteration1 as authorized by law1 #db1hig1jjj1 to remain available until ,september #cj1 #bjbe4 ,family housing operation and maintenance1 navy and marine corps ,for expenses of family housing for the ,navy and ,marine ,corps for operation and maintenance1 including debt payment1 leasing1 minor construction1 principal and interest charges1 and insurance premiums1 as authorized by law1 #cdf1dic1jjj4 ,family housing construction1 air force ,for expenses of family housing for the ,air ,force for construction1 including acquisition1 replacement1 addition1 expansion1 extension1 and alteration1 as authorized by law1 #ig1bad1jjj1 to remain available until ,september #cj1 #bjbe4 ,family housing operation and maintenance1 air force ,for expenses of family housing for the ,air ,force for operation and maintenance1 including debt payment1 leasing1 minor construction1 principal and interest charges1 and insurance premiums1 as authorized by law1 #cag1jba1jjj4 ,family housing operation and maintenance1 defense-,wide ,for expenses of family housing for the activities and agencies of the ,department of ,defense 7other than the military departments7 for operation and maintenance1 leasing1 and minor construction1 as authorized by law1 #ed1gbh1jjj4 ,department of defense ,family housing improvement fund ,for the ,department of ,defense ,family ,housing ,improvement ,fund1 #e1hig1jjj1 to remain available until expended1 for family housing initiatives undertaken pursuant to section #bhhc of title #aj1 ,united ,states ,code1 providing alternative means of acquiring and improving military family housing and supporting facilities4 ,department of defense ,military unaccompanied housing improvement fund ,for the ,department of ,defense ,military ,unaccompanied ,housing ,improvement ,fund1 #fjj1jjj1 to remain available until expended1 for unaccompanied housing initiatives undertaken pursuant to section #bhhc of title #aj1 ,united ,states ,code1 providing alternative means of acquiring and improving military unaccompanied housing and supporting facilities4 ,administrative provisions #aja4 ,none of the funds made available in this title shall be expended for payments under a cost-plus-a-fixed-fee contract for construction1 where cost estimates exceed #be1jjj1 to be performed within the ,united ,states1 except ,alaska1 without the specific approval in writing of the ,secretary of ,defense setting forth the reasons therefor4 #ajb4 ,funds made available in this title for construction shall be available for hire of passenger motor vehicles4 #ajc4 ,funds made available in this title for construction may be used for advances to the ,federal ,highway ,administration1 ,department of ,transportation1 for the construction of access roads as authorized by section #baj of title #bc1 ,united ,states ,code1 when projects authorized therein are certified as important to the national defense by the ,secretary of ,defense4 #ajd4 ,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 made4 #aje4 ,none of the funds made available in this title shall be used for purchase of land or land easements in excess of #ajj percent of the value as determined by the ,army ,corps of ,engineers or the ,naval ,facilities ,engineering ,command1 except3 7#a7 where there is a determination of value by a ,federal court2 7#b7 purchases negotiated by the ,attorney ,general or the designee of the ,attorney ,general2 7#c7 where the estimated value is less than #be1jjj2 or 7#d7 as otherwise determined by the ,secretary of ,defense to be in the public interest4 #ajf4 ,none of the funds made available in this title shall be used to3 7#a7 acquire land2 7#b7 provide for site preparation2 or 7#c7 install utilities for any family housing1 except housing for which funds have been made available in annual ,acts making appropriations for military construction4 #ajg4 ,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 another1 without prior notification to the ,committees on ,appropriations of both ,houses of ,congress4 #ajh4 ,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 producers1 fabricators1 and manufacturers have been denied the opportunity to compete for such steel procurement4 #aji4 ,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 nation4 #aaj4 ,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 ,congress4 #aaa4 ,none of the funds made available in this title may be obligated for architect and engineer contracts estimated by the ,government to exceed #ejj1jjj for projects to be accomplished in ,japan1 in any ,north ,atlantic ,treaty ,organization member country1 or in countries bordering the ,arabian ,gulf1 unless such contracts are awarded to ,united ,states firms or ,united ,states firms in joint venture with host nation firms4 #aab4 ,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 ,atoll1 or in countries bordering the ,arabian ,gulf1 may be used to award any contract estimated by the ,government to exceed #a1jjj1jjj to a foreign contractor3 ,provided1 ,that this section shall not be applicable to contract awards for which the lowest responsive and responsible bid of a ,united ,states contractor exceeds the lowest responsive and responsible bid of a foreign contractor by greater than #bj percent3 ,provided further1 ,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 contractor4 #aac4 ,the ,secretary of ,defense shall inform the appropriate committees of both ,houses of ,congress1 including the ,committees on ,appropriations1 of plans and scope of any proposed military exercise involving ,united ,states personnel #cj days prior to its occurring1 if amounts expended for construction1 either temporary or permanent1 are anticipated to exceed #ajj1jjj4 #aad4 ,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 ,congress4 #aae4 ,for military construction or family housing projects that are being completed with funds otherwise expired or lapsed for obligation1 expired or lapsed funds may be used to pay the cost of associated supervision1 inspection1 overhead1 engineering and design on those projects and on subsequent claims1 if any4 #aaf4 ,notwithstanding any other provision of law1 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 contract1 or for any portion of such a project or contract1 at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were made available1 if the funds obligated for such project3 7#a7 are obligated from funds available for military construction projects2 and 7#b7 do not exceed the amount appropriated for such project1 plus any amount by which the cost of such project is increased pursuant to law4 7,,including ,,transfer ,,of ,,funds7 #aag4 ,subject to #cj days prior notification1 or #ad days for a notification provided in an electronic medium pursuant to sections #dhj and #bhhc of title #aj1 ,united ,states ,code1 to the ,committees on ,appropriations of both ,houses of ,congress1 such additional amounts as may be determined by the ,secretary of ,defense may be transferred to3 7#a7 the ,department of ,defense ,family ,housing ,improvement ,fund from amounts appropriated for construction in ,family ,housing accounts1 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 ,fund2 or 7#b7 the ,department of ,defense ,military ,unaccompanied ,housing ,improvement ,fund from amounts appropriated for construction of military unaccompanied housing in ,military ,construction accounts1 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 ,fund3 ,provided1 ,that appropriations made available to the ,funds shall be available to cover the costs1 as defined in section #ejb7e7 of the ,congressional ,budget ,act of #aigd1 of direct loans or loan guarantees issued by the ,department of ,defense pursuant to the provisions of subchapter ,,iv of chapter #afi of title #aj1 ,united ,states ,code1 pertaining to alternative means of acquiring and improving military family housing1 military unaccompanied housing1 and supporting facilities4 7,,including ,,transfer ,,of ,,funds7 #aah4 ,in addition to any other transfer authority available to the ,department of ,defense1 amounts may be transferred from the ,department of ,defense ,base ,closure ,account to the fund established by section #ajac7;d7 of the ,demonstration ,cities and ,metropolitan ,development ,act of #aiff 7#db ,u4,s4,c4 #ccgd7 to pay for expenses associated with the ,homeowners ,assistance ,program incurred under #db ,u4,s4,c4 #ccgd7;a77#a77;,a74 ,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 transferred4 #aai4 ,notwithstanding any other provision of law1 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 units1 including general or flag officer quarters3 ,provided1 ,that not more than #ce1jjj per unit may be spent annually for the maintenance and repair of any general or flag officer quarters without #cj days prior notification1 or #ad days for a notification provided in an electronic medium pursuant to sections #dhj and #bhhc of title #aj1 ,united ,states ,code1 to the ,committees on ,appropriations of both ,houses of ,congress1 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 submission3 ,provided further1 ,that the ,under ,secretary of ,defense 7,comptroller7 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 year4 #abj4 ,amounts contained in the ,ford ,island ,improvement ,account established by subsection 7h7 of section #bhad of title #aj1 ,united ,states ,code1 are appropriated and shall be available until expended for the purposes specified in subsection 7i77#a7 of such section or until transferred pursuant to subsection 7i77#c7 of such section4 7,,including ,,transfer ,,of ,,funds7 #aba4 ,during the #e-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 obligation1 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 appropriations1 unobligated balances of such appropriations may be transferred into the appropriation ,foreign ,currency ,fluctuations1 ,construction1 ,defense1 to be merged with and to be available for the same time period and for the same purposes as the appropriation to which transferred4 7,,including ,,transfer ,,of ,,funds7 #abb4 ,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 construction and family housing construction contained in ,department of ,defense ,financial ,management ,regulation #gjjj4ad-,r1 ,volume #c1 ,chapter #g1 of ,march #bjaa1 as in effect on the date of enactment of this ,act4 #abc4 ,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 ,cemetery4 #abd4 ,for an additional amount for the accounts and in the amounts specified1 to remain available until ,september #cj1 #bjbe3 ,military ,construction1 ,army1 #bcc1jjj1jjj2 ,military ,construction1 ,navy and ,marine ,corps1 #gc1ajj1jjj2 ,military ,construction1 ,air ,force1 #fj1jjj1jjj2 ,military ,construction1 ,army ,national ,guard1 #di1hce1jjj2 ,military ,construction1 ,air ,national ,guard1 #bi1ejj1jjj2 and ,military ,construction1 ,air ,force ,reserve1 #be1jjj1jjj3 ,provided1 ,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 #bjba submitted to ,congress3 ,provided further1 ,that such projects are subject to authorization prior to obligation and expenditure of funds to carry out construction3 ,provided further1 ,that not later than #cj days after enactment of this ,act1 the ,secretary of the military department concerned1 or his or her designee1 shall submit to the ,committees on ,appropriations of both ,houses of ,congress an expenditure plan for funds provided under this section4 #abe4 ,all amounts appropriated to the ,department of ,defense--,military ,construction1 ,army1 ,department of ,defense--,military ,construction1 ,navy and ,marine ,corps1 ,department of ,defense--,military ,construction1 ,air ,force1 and ,department of ,defense--,military ,construction1 ,defense-,wide accounts pursuant to the authorization of appropriations in a ,national ,defense ,authorization ,act specified for fiscal year #bjba in the funding table in section #dfja of that ,act shall be immediately available and allotted to contract for the full scope of authorized projects4 7,,rescissions ,,of ,,funds7 #abf4 ,of the unobligated balances available to the ,department of ,defense from prior appropriation ,acts1 the following funds are hereby rescinded from the following accounts in the amounts specified3 ,military ,construction1 ,navy and ,marine ,corps1 #dh1jjj1jjj2 ,military ,construction1 ,air ,force1 #i1ige1jjj2 ,military ,construction1 ,defense-,wide1 #bi1hch1jjj2 and ,department of ,defense ,base ,closure ,account1 #ej1jjj1jjj3 ,provided1 ,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 #aihe4 #abg4 ,for the purposes of this ,act1 the term congressional defense committees means the ,committees on ,armed ,services of the ,house of ,representatives and the ,senate1 the ,subcommittee on ,military ,construction and ,veterans ,affairs of the ,committee on ,appropriations of the ,senate1 and the ,subcommittee on ,military ,construction and ,veterans ,affairs of the ,committee on ,appropriations of the ,house of ,representatives4 #abh4 ,for an additional amount for the accounts and in the amounts specified1 to remain available until ,september #cj1 #bjbc3 ,military ,construction1 ,army1 #dh1jjj1jjj2 ,military ,construction1 ,navy and ,marine ,corps1 #cg1gjj1jjj2 ,military ,construction1 ,air ,force1 #ge1gjj1jjj2 and ,family ,housing ,construction1 ,army1 #d1ejj1jjj3 ,provided1 ,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 ,congress3 ,provided further1 ,that such projects are subject to authorization prior to obligation and expenditure of funds to carry out construction3 ,provided further1 ,that not later than #cj days after enactment of this ,act1 the ,secretary of the military department concerned1 or his or her designee1 shall submit to the ,committees on ,appropriations of both ,houses of ,congress an expenditure plan for funds provided under this section4 #abi4 ,for an additional amount for the accounts and in the amounts specified1 to remain available until ,september #cj1 #bjbc3 ,family ,housing ,operation and ,maintenance1 ,army1 #bj1jjj1jjj2 ,family ,housing ,operation and ,maintenance1 ,navy and ,marine ,corps1 #bj1jjj1jjj2 and ,family ,housing ,operation and ,maintenance1 ,air ,force1 #bj1jjj1jjj4 #acj4 ,none of the funds made available by this ,act may be used to carry out the closure or realignment of the ,united ,states ,naval ,station1 ,guantnamo ,bay1 ,cuba4 #aca4 ,notwithstanding any other provision of law1 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 7,,red ,,horse7 outside of the ,united ,states until the ,secretary of the ,air ,force3 7#a7 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 ,states2 7#b7 provides to the ,committees on ,appropriations of both ,houses of ,congress 7the ,committees7 a report detailing the findings of the cost analysis2 and 7#c7 certifies in writing to the ,committees that the preferred site for the consolidation or relocation yields the greatest savings for the ,air ,force3 ,provided1 ,that the term ,united ,states in this section does not include any territory or possession of the ,united ,states4 #acb4 ,for an additional amount for the accounts and in the amounts specified for planning and design1 for improving military installation resilience1 to remain available until ,september #cj1 #bjbe3 ,military ,construction1 ,army1 #d1jjj1jjj2 ,military ,construction1 ,navy and ,marine ,corps1 #g1jjj1jjj2 and ,military ,construction1 ,air ,force1 #d1jjj1jjj3 ,provided1 ,that not later than #fj days after enactment of this ,act1 the ,secretary of the military department concerned1 or his or her designee1 shall submit to the ,committees on ,appropriations of both ,houses of ,congress an expenditure plan for funds provided under this section3 ,provided further1 ,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 section4 #acc4 ,for an additional amount for ,military ,construction1 ,navy and ,marine ,corps1 #cb1bjj1jjj1 to remain available until ,september #cj1 #bjbe1 for child development center construction3 ,provided1 ,that projects funded using amounts available under this section are subject to authorization prior to obligation and expenditure of funds to carry out construction3 ,provided further1 ,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 #cj days after enactment of this ,act4 #acd4 ,of the unobligated balances available from prior appropriations ,acts under the heading ,department of ,defense--,military ,construction1 ,defense-,wide1 #aca1jjj1jjj is hereby rescinded1 and in addition to amounts otherwise provided for this fiscal year1 an amount of additional new budget authority equivalent to the amount rescinded pursuant to this section is hereby appropriated1 to remain available until ,september #cj1 #bjbe1 and shall be available for the same purposes and under the same authorities as provided under such heading3 ,provided1 ,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 #aihe3 ,provided further1 ,that projects funded using amounts available under this section are subject to authorization prior to obligation and expenditure of funds to carry out construction3 ,provided further1 ,that amounts made available under this section may not be obligated or expended until the ,secretary of ,defense1 or his or her designee1 submits to the ,committees on ,appropriations of both ,houses of ,congress a detailed expenditure plan not later than #cj days after enactment of this ,act4 ,,ii ,,department ,,of ,,veterans ,,affairs ,veterans benefits administration ,,compensation ,,and ,,pensions 7,,including ,,transfer ,,of ,,funds7 ,for the payment of compensation benefits to or on behalf of veterans and a pilot program for disability examinations as authorized by section #ajg and chapters #aa1 #ac1 #ah1 #ea1 #ec1 #ee1 and #fa of title #ch1 ,united ,states ,code2 pension benefits to or on behalf of veterans as authorized by chapters #ae1 #ea1 #ec1 #ee1 and #fa of title #ch1 ,united ,states ,code2 and burial benefits1 the ,reinstated ,entitlement ,program for ,survivors1 emergency and other officers' retirement pay1 adjusted-service credits and certificates1 payment of premiums due on commercial life insurance policies guaranteed under the provisions of title ,,iv of the ,servicemembers ,civil ,relief ,act 7#ej ,u4,s4,c4 ,app4 #eda et seq47 and for other benefits as authorized by sections #ajg1 #acab1 #aigg1 and #bajf1 and chapters #bc1 #ea1 #ec1 #ee1 and #fa of title #ch1 ,united ,states ,code1 #f1aaj1bea1eeb1 which shall be in addition to funds previously appropriated under this heading that became available on ,october #a1 #bjbj1 to remain available until expended2 and1 in addition1 #acj1bbg1fej1jjj1 which shall become available on ,october #a1 #bjba1 to remain available until expended3 ,provided1 ,that not to exceed #bj1aae1jjj of the amount made available for fiscal year #bjbb under this heading shall be reimbursed to ,general ,operating ,expenses1 ,veterans ,benefits ,administration1 and ,information ,technology ,systems for necessary expenses in implementing the provisions of chapters #ea1 #ec1 and #ee of title #ch1 ,united ,states ,code1 the funding source for which is specifically provided as the ,compensation and ,pensions appropriation3 ,provided further1 ,that such sums as may be earned on an actual qualifying patient basis1 shall be reimbursed to ,medical ,care ,collections ,fund to augment the funding of individual medical facilities for nursing home care provided to pensioners as authorized3 ,provided further1 ,that funds recovered 7including refunds and reimbursable activity7 from fiscal year #bjbj obligations and disbursements made with funds that became available on ,october #a1 #bjai1 as provided under this heading in title ,,ii of division ,c of ,public ,law #aae-bdd1 shall be available until expended4 ,,readjustment ,,benefits ,for the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by chapters #ba1 #cj1 #ca1 #cc1 #cd1 #ce1 #cf1 #ci1 #da1 #ea1 #ec1 #ee1 and #fa of title #ch1 ,united ,states ,code1 #ad1idf1fah1jjj1 which shall become available on ,october #a1 #bjba1 to remain available until expended3 ,provided1 ,that expenses for rehabilitation program services and assistance which the ,secretary is authorized to provide under subsection 7a7 of section #cajd of title #ch1 ,united ,states ,code1 other than under paragraphs 7#a71 7#b71 7#e71 and 7#aa7 of that subsection1 shall be charged to this account4 ,,veterans ,,insurance ,,and ,,indemnities ,for military and naval insurance1 national service life insurance1 servicemen's indemnities1 service-disabled veterans insurance1 and veterans mortgage life insurance as authorized by chapters #ai and #ba of title #ch1 ,united ,states ,code1 #b1adh1jjj1 which shall be in addition to funds previously appropriated under this heading that became available on ,october #a1 #bjbj1 to remain available until expended2 and1 in addition1 #acf1iej1jjj1 which shall become available on ,october #a1 #bjba1 to remain available until expended4 ,,veterans ,,housing ,,benefit ,,program ,,fund ,for the cost of direct and guaranteed loans1 such sums as may be necessary to carry out the program1 as authorized by subchapters ,i through ,,iii of chapter #cg of title #ch1 ,united ,states ,code3 ,provided1 ,that such costs1 including the cost of modifying such loans1 shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd3 ,provided further1 ,that1 during fiscal year #bjba1 within the resources available1 not to exceed #ejj1jjj in gross obligations for direct loans are authorized for specially adapted housing loans4 ,in addition1 for administrative expenses to carry out the direct and guaranteed loan programs1 #bjd1djj1jjj4 ,,vocational ,,rehabilitation ,,loans ,,program ,,account ,for the cost of direct loans1 #cc1hbf1 as authorized by chapter #ca of title #ch1 ,united ,states ,code3 ,provided1 ,that such costs1 including the cost of modifying such loans1 shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd3 ,provided further1 ,that funds made available under this heading are available to subsidize gross obligations for the principal amount of direct loans not to exceed #b1dfi1ebb4 ,in addition1 for administrative expenses necessary to carry out the direct loan program1 #dbd1bgb1 which may be paid to the appropriation for ,general ,operating ,expenses1 ,veterans ,benefits ,administration4 ,,native ,,american ,,veteran ,,housing ,,loan ,,program ,,account ,for administrative expenses to carry out the direct loan program authorized by subchapter ,v of chapter #cg of title #ch1 ,united ,states ,code1 #a1ahf1jjj4 ,,general ,,operating ,,expenses1 ,,veterans ,,benefits ,,administration ,for necessary operating expenses of the ,veterans ,benefits ,administration1 not otherwise provided for1 including hire of passenger motor vehicles1 reimbursement of the ,general ,services ,administration for security guard services1 and reimbursement of the ,department of ,defense for the cost of overseas employee mail1 #c1ahj1jjj1jjj3 ,provided1 ,that expenses for services and assistance authorized under paragraphs 7#a71 7#b71 7#e71 and 7#aa7 of section #cajd7;a7 of title #ch1 ,united ,states ,code1 that the ,secretary of ,veterans ,affairs determines are necessary to enable entitled veterans3 7#a7 to the maximum extent feasible1 to become employable and to obtain and maintain suitable employment2 or 7#b7 to achieve maximum independence in daily living1 shall be charged to this account3 ,provided further1 ,that1 of the funds made available under this heading1 not to exceed #aj percent shall remain available until ,september #cj1 #bjbb4 ,veterans health administration ,,medical ,,services ,for necessary expenses for furnishing1 as authorized by law1 inpatient and outpatient care and treatment to beneficiaries of the ,department of ,veterans ,affairs and veterans described in section #agje7;a7 of title #ch1 ,united ,states ,code1 including care and treatment in facilities not under the jurisdiction of the ,department1 and including medical supplies and equipment1 bioengineering services1 food services1 and salaries and expenses of healthcare employees hired under title #ch1 ,united ,states ,code1 assistance and support services for caregivers as authorized by section #agbj;,g of title #ch1 ,united ,states ,code1 loan repayments authorized by section #fjd of the ,caregivers and ,veterans ,omnibus ,health ,services ,act of #bjaj 7,public ,law #aaa-afc2 #abd ,stat4 #aagd2 #ch ,u4,s4,c4 #gfha note71 monthly assistance allowances authorized by section #cbb7;d7 of title #ch1 ,united ,states ,code1 grants authorized by section #eba;,a of title #ch1 ,united ,states ,code1 and administrative expenses necessary to carry out sections #cbb7;d7 and #eba;,a of title #ch1 ,united ,states ,code1 and hospital care and medical services authorized by section #aghg of title #ch1 ,united ,states ,code2 #dig1dfh1jjj1 which shall be in addition to funds previously appropriated under this heading that became available on ,october #a1 #bjbj2 and1 in addition1 #eh1hig1bai1jjj1 plus reimbursements1 shall become available on ,october #a1 #bjba1 and shall remain available until ,september #cj1 #bjbb3 ,provided1 ,that1 of the amount made available on ,october #a1 #bjba1 under this heading1 #a1ejj1jjj1jjj shall remain available until ,september #cj1 #bjbc3 ,provided further1 ,that1 notwithstanding any other provision of law1 the ,secretary of ,veterans ,affairs shall establish a priority for the provision of medical treatment for veterans who have service-connected disabilities1 lower income1 or have special needs3 ,provided further1 ,that1 notwithstanding any other provision of law1 the ,secretary of ,veterans ,affairs shall give priority funding for the provision of basic medical benefits to veterans in enrollment priority groups #a through #f3 ,provided further1 ,that1 notwithstanding any other provision of law1 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 ,secretary3 ,provided further1 ,that the implementation of the program described in the previous proviso shall incur no additional cost to the ,department of ,veterans ,affairs3 ,provided further1 ,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 veterans4 ,,medical ,,community ,,care ,for necessary expenses for furnishing health care to individuals pursuant to chapter #ag of title #ch1 ,united ,states ,code1 at non-,department facilities1 #a1chj1hjj1jjj1 which shall be in addition to funds previously appropriated under this heading that became available on ,october #a1 #bjbj2 and1 in addition1 #bj1adh1bdd1jjj1 plus reimbursements1 shall become available on ,october #a1 #bjba1 and shall remain available until ,september #cj1 #bjbb3 ,provided1 ,that1 of the amount made available on ,october #a1 #bjba1 under this heading1 #b1jjj1jjj1jjj shall remain available until ,september #cj1 #bjbc4 ,,medical ,,support ,,and ,,compliance ,for necessary expenses in the administration of the medical1 hospital1 nursing home1 domiciliary1 construction1 supply1 and research activities1 as authorized by law2 administrative expenses in support of capital policy activities2 and administrative and legal expenses of the ,department for collecting and recovering amounts owed the ,department as authorized under chapter #ag of title #ch1 ,united ,states ,code1 and the ,federal ,medical ,care ,recovery ,act 7#db ,u4,s4,c4 #bfea et seq471 #cjj1jjj1jjj1 which shall be in addition to funds previously appropriated under this heading that became available on ,october #a1 #bjbj2 and1 in addition1 #h1djc1aag1jjj1 plus reimbursements1 shall become available on ,october #a1 #bjba1 and shall remain available until ,september #cj1 #bjbb3 ,provided1 ,that1 of the amount made available on ,october #a1 #bjba1 under this heading1 #bjj1jjj1jjj shall remain available until ,september #cj1 #bjbc4 ,,medical ,,facilities ,for necessary expenses for the maintenance and operation of hospitals1 nursing homes1 domiciliary facilities1 and other necessary facilities of the ,veterans ,health ,administration2 for administrative expenses in support of planning1 design1 project management1 real property acquisition and disposition1 construction1 and renovation of any facility under the jurisdiction or for the use of the ,department2 for oversight1 engineering1 and architectural activities not charged to project costs2 for repairing1 altering1 improving1 or providing facilities in the several hospitals and homes under the jurisdiction of the ,department1 not otherwise provided for1 either by contract or by the hire of temporary employees and purchase of materials2 for leases of facilities2 and for laundry services2 #aej1jjj1jjj1 which shall be in addition to funds previously appropriated under this heading that became available on ,october #a1 #bjbj2 and1 in addition1 #f1gcd1fhj1jjj1 plus reimbursements1 shall become available on ,october #a1 #bjba1 and shall remain available until ,september #cj1 #bjbb3 ,provided1 ,that1 of the amount made available on ,october #a1 #bjba1 under this heading1 #cej1jjj1jjj shall remain available until ,september #cj1 #bjbc4 ,,medical ,,and ,,prosthetic ,,research ,for necessary expenses in carrying out programs of medical and prosthetic research and development as authorized by chapter #gc of title #ch1 ,united ,states ,code1 #hae1jjj1jjj1 plus reimbursements1 shall remain available until ,september #cj1 #bjbb3 ,provided1 ,that the ,secretary of ,veterans ,affairs shall ensure that sufficient amounts appropriated under this heading are available for prosthetic research specifically for female veterans1 and for toxic exposure research4 ,national cemetery administration ,for necessary expenses of the ,national ,cemetery ,administration for operations and maintenance1 not otherwise provided for1 including uniforms or allowances therefor2 cemeterial expenses as authorized by law2 purchase of one passenger motor vehicle for use in cemeterial operations2 hire of passenger motor vehicles2 and repair1 alteration or improvement of facilities under the jurisdiction of the ,national ,cemetery ,administration1 #ceb1jjj1jjj1 of which not to exceed #aj percent shall remain available until ,september #cj1 #bjbb4 ,departmental administration ,,general ,,administration 7,,including ,,transfer ,,of ,,funds7 ,for necessary operating expenses of the ,department of ,veterans ,affairs1 not otherwise provided for1 including administrative expenses in support of ,department-wide capital planning1 management and policy activities1 uniforms1 or allowances therefor2 not to exceed #be1jjj for official reception and representation expenses2 hire of passenger motor vehicles2 and reimbursement of the ,general ,services ,administration for security guard services1 #cfe1iaa1jjj1 of which not to exceed #aj percent shall remain available until ,september #cj1 #bjbb3 ,provided1 ,that funds provided under this heading may be transferred to ,general ,operating ,expenses1 ,veterans ,benefits ,administration4 ,,board ,,of ,,veterans ,,appeals ,for necessary operating expenses of the ,board of ,veterans ,appeals1 #aif1jjj1jjj1 of which not to exceed #aj percent shall remain available until ,september #cj1 #bjbb4 ,,information ,,technology ,,systems 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses for information technology systems and telecommunications support1 including developmental information systems and operational information systems2 for pay and associated costs2 and for the capital asset acquisition of information technology systems1 including management and related contractual costs of said acquisitions1 including contractual costs associated with operations authorized by section #caji of title #e1 ,united ,states ,code1 #d1iab1jjj1jjj1 plus reimbursements3 ,provided1 ,that #a1baa1bch1jjj shall be for pay and associated costs1 of which not to exceed #c percent shall remain available until ,september #cj1 #bjbb3 ,provided further1 ,that #c1bje1baf1jjj shall be for operations and maintenance1 of which not to exceed #e percent shall remain available until ,september #cj1 #bjbb3 ,provided further1 ,that #die1edf1jjj shall be for information technology systems development1 and shall remain available until ,september #cj1 #bjbb3 ,provided further1 ,that amounts made available for salaries and expenses1 operations and maintenance1 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 issued3 ,provided further1 ,that amounts made available for the ,information ,technology ,systems account for development may be transferred among projects or to newly defined projects3 ,provided further1 ,that no project may be increased or decreased by more than #a1jjj1jjj 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 issued1 or absent a response1 a period of #cj days has elapsed3 ,provided further1 ,that the funds made available under this heading for information technology systems development shall be for the projects1 and in the amounts1 specified under this heading in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act74 ,,veterans ,,electronic ,,health ,,record ,for activities related to implementation1 preparation1 development1 interface1 management1 rollout1 and maintenance of a ,veterans ,electronic ,health ,record system1 including contractual costs associated with operations authorized by section #caji of title #e1 ,united ,states ,code1 and salaries and expenses of employees hired under titles #e and #ch1 ,united ,states ,code1 #b1fbg1jjj1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that the ,secretary of ,veterans ,affairs shall submit to the ,committees on ,appropriations of both ,houses of ,congress quarterly reports detailing obligations1 expenditures1 and deployment implementation by facility1 including any changes from the deployment plan or schedule3 ,provided further1 ,that the funds provided in this account shall only be available to the ,office of the ,deputy ,secretary1 to be administered by that ,office3 ,provided further1 ,that #be percent of the funds made available under this heading shall not be available until ,july #a1 #bjba1 and are contingent upon the ,secretary of ,veterans ,affairs providing a certification within #g days prior to that date to the ,committees on ,appropriations of any changes to the deployment schedules4 ,,office ,,of ,,inspector ,,general ,for necessary expenses of the ,office of ,inspector ,general1 to include information technology1 in carrying out the provisions of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 #bbh1jjj1jjj1 of which not to exceed #aj percent shall remain available until ,september #cj1 #bjbb4 ,,construction1 ,,major ,,projects ,for constructing1 altering1 extending1 and improving any of the facilities1 including parking projects1 under the jurisdiction or for the use of the ,department of ,veterans ,affairs1 or for any of the purposes set forth in sections #caf1 #bdjd1 #bdjf and chapter #ha of title #ch1 ,united ,states ,code1 not otherwise provided for1 including planning1 architectural and engineering services1 construction management services1 maintenance or guarantee period services costs associated with equipment guarantees provided under the project1 services of claims analysts1 offsite utility and storm drainage system construction costs1 and site acquisition1 where the estimated cost of a project is more than the amount set forth in section #hajd7;a77#c77;,a7 of title #ch1 ,united ,states ,code1 or where funds for a project were made available in a previous major project appropriation1 #a1caf1jjj1jjj1 of which #ihj1fch1jjj shall remain available until ,september #cj1 #bjbe1 and of which #cce1cfb1jjj shall remain available until expended1 of which #ahj1aih1jjj shall be available for seismic improvement projects and seismic program management activities1 including for projects that would otherwise be funded by the ,construction1 ,minor ,projects1 ,medical ,facilities or ,national ,cemetery ,administration accounts3 ,provided1 ,that except for advance planning activities1 including needs assessments which may or may not lead to capital investments1 and other capital asset management related activities1 including portfolio development and management activities1 and investment strategy studies funded through the advance planning fund and the planning and design activities funded through the design fund1 including needs assessments which may or may not lead to capital investments1 and funds provided for the purchase1 security1 and maintenance of land for the ,national ,cemetery ,administration through the land acquisition line item1 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 statute1 joint resolution1 or in the explanatory statement accompanying such ,act and presented to the ,president at the time of enrollment3 ,provided further1 ,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 provided1 including minor construction and leasing services3 ,provided further1 ,that funds made available under this heading for fiscal year #bjba1 for each approved project shall be obligated3 7#a7 by the awarding of a construction documents contract by ,september #cj1 #bjba2 and 7#b7 by the awarding of a construction contract by ,september #cj1 #bjbb3 ,provided further1 ,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 above3 ,provided further1 ,that notwithstanding the requirements of section #hajd7;a7 of title #ch1 ,united ,states ,code1 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 ,department4 ,,construction1 ,,minor ,,projects ,for constructing1 altering1 extending1 and improving any of the facilities1 including parking projects1 under the jurisdiction or for the use of the ,department of ,veterans ,affairs1 including planning and assessments of needs which may lead to capital investments1 architectural and engineering services1 maintenance or guarantee period services costs associated with equipment guarantees provided under the project1 services of claims analysts1 offsite utility and storm drainage system construction costs1 and site acquisition1 or for any of the purposes set forth in sections #caf1 #bdjd1 #bdjf and chapter #ha of title #ch1 ,united ,states ,code1 not otherwise provided for1 where the estimated cost of a project is equal to or less than the amount set forth in section #hajd7;a77#c77;,a7 of title #ch1 ,united ,states ,code1 #cij1jjj1jjj1 to remain available until ,september #cj1 #bjbe1 along with unobligated balances of previous ,construction1 ,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 section3 ,provided1 ,that funds made available under this heading shall be for3 7#a7 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 catastrophe2 and 7#b7 temporary measures necessary to prevent or to minimize further loss by such causes4 ,,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 remodel1 modify1 or alter existing hospital1 nursing home1 and domiciliary facilities in ,state homes1 for furnishing care to veterans as authorized by sections #haca through #hacg of title #ch1 ,united ,states ,code1 #ij1jjj1jjj1 to remain available until expended4 ,,grants ,,for ,,construction ,,of ,,veterans ,,cemeteries ,for grants to assist ,states and tribal organizations in establishing1 expanding1 or improving veterans cemeteries as authorized by section #bdjh of title #ch1 ,united ,states ,code1 #de1jjj1jjj1 to remain available until expended4 ,administrative provisions 7,,including ,,transfer ,,of ,,funds7 #bja4 ,any appropriation for fiscal year #bjba for ,compensation and ,pensions1 ,readjustment ,benefits1 and ,veterans ,insurance and ,indemnities may be transferred as necessary to any other of the mentioned appropriations3 ,provided1 ,that1 before a transfer may take place1 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 approval1 or absent a response1 a period of #cj days has elapsed4 7,,including ,,transfer ,,of ,,funds7 #bjb4 ,amounts made available for the ,department of ,veterans ,affairs for fiscal year #bjba1 in this or any other ,act1 under the ,medical ,services1 ,medical ,community ,care1 ,medical ,support and ,compliance1 and ,medical ,facilities accounts may be transferred among the accounts3 ,provided1 ,that any transfers among the ,medical ,services1 ,medical ,community ,care1 and ,medical ,support and ,compliance accounts of #a 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 transfer3 ,provided further1 ,that any transfers among the ,medical ,services1 ,medical ,community ,care1 and ,medical ,support and ,compliance accounts in excess of #a percent1 or exceeding the cumulative #a percent for the fiscal year1 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 issued3 ,provided further1 ,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 issued4 #bjc4 ,appropriations available in this title for salaries and expenses shall be available for services authorized by section #caji of title #e1 ,united ,states ,code2 hire of passenger motor vehicles2 lease of a facility or land or both2 and uniforms or allowances therefore1 as authorized by sections #eija through #eijb of title #e1 ,united ,states ,code4 #bjd4 ,no appropriations in this title 7except the appropriations for ,construction1 ,major ,projects1 and ,construction1 ,minor ,projects7 shall be available for the purchase of any site for or toward the construction of any new hospital or home4 #bje4 ,no appropriations in this title shall be available for hospitalization or examination of any persons 7except beneficiaries entitled to such hospitalization or examination under the laws providing such benefits to veterans1 and persons receiving such treatment under sections #gija through #gijd of title #e1 ,united ,states ,code1 or the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq4771 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 ,affairs4 #bjf4 ,appropriations available in this title for ,compensation and ,pensions1 ,readjustment ,benefits1 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 #bjbj4 #bjg4 ,appropriations available in this title shall be available to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections #ccbh7;a71 #cccd1 and #cgab7;a7 of title #ca1 ,united ,states ,code1 except that if such obligations are from trust fund accounts they shall be payable only from ,compensation and ,pensions4 7,,including ,,transfer ,,of ,,funds7 #bjh4 ,notwithstanding any other provision of law1 during fiscal year #bjba1 the ,secretary of ,veterans ,affairs shall1 from the ,national ,service ,life ,insurance ,fund under section #aibj of title #ch1 ,united ,states ,code1 the ,veterans' ,special ,life ,insurance ,fund under section #aibc of title #ch1 ,united ,states ,code1 and the ,united ,states ,government ,life ,insurance ,fund under section #aiee of title #ch1 ,united ,states ,code1 reimburse the ,general ,operating ,expenses1 ,veterans ,benefits ,administration and ,information ,technology ,systems accounts for the cost of administration of the insurance programs financed through those accounts3 ,provided1 ,that reimbursement shall be made only from the surplus earnings accumulated in such an insurance program during fiscal year #bjba that are available for dividends in that program after claims have been paid and actuarially determined reserves have been set aside3 ,provided further1 ,that if the cost of administration of such an insurance program exceeds the amount of surplus earnings accumulated in that program1 reimbursement shall be made only to the extent of such surplus earnings3 ,provided further1 ,that the ,secretary shall determine the cost of administration for fiscal year #bjba 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 program4 #bji4 ,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 services1 may be obligated during the fiscal year in which the proceeds are received4 7,,including ,,transfer ,,of ,,funds7 #baj4 ,funds available in this title or funds for salaries and other administrative expenses shall also be available to reimburse the ,office of ,resolution ,management1 the ,office of ,employment ,discrimination ,complaint ,adjudication1 and the ,office of ,diversity and ,inclusion for all services provided at rates which will recover actual costs but not to exceed #fj1jif1jjj for the ,office of ,resolution ,management1 #f1ajj1jjj for the ,office of ,employment ,discrimination ,complaint ,adjudication1 and #e1bid1jjj for the ,office of ,diversity and ,inclusion3 ,provided1 ,that payments may be made in advance for services to be furnished based on estimated costs3 ,provided further1 ,that amounts received shall be credited to the ,general ,administration and ,information ,technology ,systems accounts for use by the office that provided the service4 #baa4 ,no funds of the ,department of ,veterans ,affairs shall be available for hospital care1 nursing home care1 or medical services provided to any person under chapter #ag of title #ch1 ,united ,states ,code1 for a non-service-connected disability described in section #agbi7;a77#b7 of such title1 unless that person has disclosed to the ,secretary of ,veterans ,affairs1 in such form as the ,secretary may require1 current1 accurate third-party reimbursement information for purposes of section #agbi of such title3 ,provided1 ,that the ,secretary may recover1 in the same manner as any other debt due the ,united ,states1 the reasonable charges for such care or services from any person who does not make such disclosure as required3 ,provided further1 ,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 received4 7,,including ,,transfer ,,of ,,funds7 #bab4 ,notwithstanding any other provision of law1 proceeds or revenues derived from enhanced-use leasing activities 7including disposal7 may be deposited into the ,construction1 ,major ,projects and ,construction1 ,minor ,projects accounts and be used for construction 7including site acquisition and disposition71 alterations1 and improvements of any medical facility under the jurisdiction or for the use of the ,department of ,veterans ,affairs4 ,such sums as realized are in addition to the amount provided for in ,construction1 ,major ,projects and ,construction1 ,minor ,projects4 #bac4 ,amounts made available under ,medical ,services are available-- 7#a7 for furnishing recreational facilities1 supplies1 and equipment2 and 7#b7 for funeral expenses1 burial expenses1 and other expenses incidental to funerals and burials for beneficiaries receiving care in the ,department4 7,,including ,,transfer ,,of ,,funds7 #bad4 ,such sums as may be deposited to the ,medical ,care ,collections ,fund pursuant to section #agbi;,a of title #ch1 ,united ,states ,code1 may be transferred to the ,medical ,services and ,medical ,community ,care accounts to remain available until expended for the purposes of these accounts4 #bae4 ,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 ,service1 to provide healthcare1 including behavioral health and dental care1 to veterans in rural ,alaska4 ,the ,secretary shall require participating veterans and facilities to comply with all appropriate rules and regulations1 as established by the ,secretary4 ,the term rural ,alaska shall mean those lands which are not within the boundaries of the municipality of ,anchorage or the ,fairbanks ,north ,star ,borough4 7,,including ,,transfer ,,of ,,funds7 #baf4 ,such sums as may be deposited to the ,department of ,veterans ,affairs ,capital ,asset ,fund pursuant to section #haah of title #ch1 ,united ,states ,code1 may be transferred to the ,construction1 ,major ,projects and ,construction1 ,minor ,projects accounts1 to remain available until expended for the purposes of these accounts4 #bag4 ,not later than #cj days after the end of each fiscal quarter1 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 quarter3 ,provided1 ,that1 at a minimum1 the report shall include the direction contained in the paragraph entitled ,quarterly reporting1 under the heading ,general ,administration in the joint explanatory statement accompanying ,public ,law #aad-bbc4 7,,including ,,transfer ,,of ,,funds7 #bah4 ,amounts made available under the ,medical ,services1 ,medical ,community ,care1 ,medical ,support and ,compliance1 ,medical ,facilities1 ,general ,operating ,expenses1 ,veterans ,benefits ,administration1 ,board of ,veterans ,appeals1 ,general ,administration1 and ,national ,cemetery ,administration accounts for fiscal year #bjba may be transferred to or from the ,information ,technology ,systems account3 ,provided1 ,that such transfers may not result in a more than #aj percent aggregate increase in the total amount made available by this ,act for the ,information ,technology ,systems account3 ,provided further1 ,that1 before a transfer may take place1 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 issued4 7,,including ,,transfer ,,of ,,funds7 #bai4 ,of the amounts appropriated to the ,department of ,veterans ,affairs for fiscal year #bjba for ,medical ,services1 ,medical ,community ,care1 ,medical ,support and ,compliance1 ,medical ,facilities1 ,construction1 ,minor ,projects1 and ,information ,technology ,systems1 up to #cbb1icb1jjj1 plus reimbursements1 may be transferred to the ,joint ,department of ,defense--,department of ,veterans ,affairs ,medical ,facility ,demonstration ,fund1 established by section #agjd of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaj 7,public ,law #aaa-hd2 #abc ,stat4 #cega7 and may be used for operation of the facilities designated as combined ,federal medical facilities as described by section #gjf of the ,duncan ,hunter ,national ,defense ,authorization ,act for ,fiscal ,year #bjji 7,public ,law #aaj-dag2 #abb ,stat4 #dejj73 ,provided1 ,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 ,congress3 ,provided further1 ,that section #bbj of title ,,ii of division ,f of ,public ,law #aaf-id is repealed4 7,,including ,,transfer ,,of ,,funds7 #bbj4 ,of the amounts appropriated to the ,department of ,veterans ,affairs which become available on ,october #a1 #bjba1 for ,medical ,services1 ,medical ,community ,care1 ,medical ,support and ,compliance1 and ,medical ,facilities1 up to #cbg1abf1jjj1 plus reimbursements1 may be transferred to the ,joint ,department of ,defense--,department of ,veterans ,affairs ,medical ,facility ,demonstration ,fund1 established by section #agjd of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaj 7,public ,law #aaa-hd2 #abc ,stat4 #cega7 and may be used for operation of the facilities designated as combined ,federal medical facilities as described by section #gjf of the ,duncan ,hunter ,national ,defense ,authorization ,act for ,fiscal ,year #bjji 7,public ,law #aaj-dag2 #abb ,stat4 #dejj73 ,provided1 ,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 ,congress4 7,,including ,,transfer ,,of ,,funds7 #bba4 ,such sums as may be deposited to the ,medical ,care ,collections ,fund pursuant to section #agbi;,a of title #ch1 ,united ,states ,code1 for healthcare provided at facilities designated as combined ,federal medical facilities as described by section #gjf of the ,duncan ,hunter ,national ,defense ,authorization ,act for ,fiscal ,year #bjji 7,public ,law #aaj-dag2 #abb ,stat4 #dejj7 shall also be available3 7#a7 for transfer to the ,joint ,department of ,defense--,department of ,veterans ,affairs ,medical ,facility ,demonstration ,fund1 established by section #agjd of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaj 7,public ,law #aaa-hd2 #abc ,stat4 #cega72 and 7#b7 for operations of the facilities designated as combined ,federal medical facilities as described by section #gjf of the ,duncan ,hunter ,national ,defense ,authorization ,act for ,fiscal ,year #bjji 7,public ,law #aaj-dag2 #abb ,stat4 #dejj73 ,provided1 ,that1 notwithstanding section #agjd7;b77#c7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaj 7,public ,law #aaa-hd2 #abc ,stat4 #begc71 amounts transferred to the ,joint ,department of ,defense--,department of ,veterans ,affairs ,medical ,facility ,demonstration ,fund shall remain available until expended4 7,,including ,,transfer ,,of ,,funds7 #bbb4 ,of the amounts available in this title for ,medical ,services1 ,medical ,community ,care1 ,medical ,support and ,compliance1 and ,medical ,facilities1 a minimum of #ae1jjj1jjj shall be transferred to the ,,dod-,,va ,health ,care ,sharing ,incentive ,fund1 as authorized by section #haaa7;d7 of title #ch1 ,united ,states ,code1 to remain available until expended1 for any purpose authorized by section #haaa of title #ch1 ,united ,states ,code4 #bbc4 ,none of the funds available to the ,department of ,veterans ,affairs1 in this or any other ,act1 may be used to replace the current system by which the ,veterans ,integrated ,service ,networks select and contract for diabetes monitoring supplies and equipment4 #bbd4 ,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 #e1jjj1jjj1 or #e percent of the programmed amount of the project1 whichever is less3 ,provided1 ,that such notification shall occur within #ad days of a contract identifying the programmed amount3 ,provided further1 ,that the ,secretary shall notify the ,committees on ,appropriations of both ,houses of ,congress #ad days prior to the obligation of such bid savings and shall describe the anticipated use of such savings4 #bbe4 ,none of the funds made available for ,construction1 ,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 ,congress4 #bbf4 ,not later than #cj days after the end of each fiscal quarter1 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 ,office3 ,provided1 ,that1 at a minimum1 the report shall include the direction contained in the section entitled ,disability claims backlog1 under the heading ,general ,operating ,expenses1 ,veterans ,benefits ,administration in the joint explanatory statement accompanying ,public ,law #aad-bbc3 ,provided further1 ,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 basis4 #bbg4 ,the ,secretary of ,veterans ,affairs shall provide written notification to the ,committees on ,appropriations of both ,houses of ,congress #ae days prior to organizational changes which result in the transfer of #be or more full-time equivalents from one organizational unit of the ,department of ,veterans ,affairs to another4 #bbh4 ,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 #a1jjj1jjj4 7,,including ,,transfer ,,of ,,funds7 #bbi4 ,the ,secretary of ,veterans ,affairs1 upon determination that such action is necessary to address needs of the ,veterans ,health ,administration1 may transfer to the ,medical ,services account any discretionary appropriations made available for fiscal year #bjba in this title 7except appropriations made to the ,general ,operating ,expenses1 ,veterans ,benefits ,administration account7 or any discretionary unobligated balances within the ,department of ,veterans ,affairs1 including those appropriated for fiscal year #bjba1 that were provided in advance by appropriations ,acts3 ,provided1 ,that transfers shall be made only with the approval of the ,office of ,management and ,budget3 ,provided further1 ,that the transfer authority provided in this section is in addition to any other transfer authority provided by law3 ,provided further1 ,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 #aihe3 ,provided further1 ,that such authority to transfer may not be used unless for higher priority items1 based on emergent healthcare requirements1 than those for which originally appropriated and in no case where the item for which funds are requested has been denied by ,congress3 ,provided further1 ,that1 upon determination that all or part of the funds transferred from an appropriation are not necessary1 such amounts may be transferred back to that appropriation and shall be available for the same purposes as originally appropriated3 ,provided further1 ,that before a transfer may take place1 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 request4 7,,including ,,transfer ,,of ,,funds7 #bcj4 ,amounts made available for the ,department of ,veterans ,affairs for fiscal year #bjba1 under the ,board of ,veterans ,appeals and the ,general ,operating ,expenses1 ,veterans ,benefits ,administration accounts may be transferred between such accounts3 ,provided1 ,that before a transfer may take place1 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 request4 #bca4 ,the ,secretary of ,veterans ,affairs may not reprogram funds among major construction projects or programs if such instance of reprogramming will exceed #g1jjj1jjj1 unless such reprogramming is approved by the ,committees on ,appropriations of both ,houses of ,congress4 #bcb4 7a7 ,the ,secretary of ,veterans ,affairs shall ensure that the toll-free suicide hotline under section #agbj;,f7h7 of title #ch1 ,united ,states ,code-- 7#a7 provides to individuals who contact the hotline immediate assistance from a trained professional2 and 7#b7 adheres to all requirements of the ,american ,association of ,suicidology4 7b7 7#a7 ,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 position1 or establishing a new civil service position1 at the ,department of ,veterans ,affairs with respect to such a position relating to the hotline specified in subsection 7a74 7#b7 ,in this subsection-- 7,a7 the term civil service has the meaning given such term in section #baja7a7 of title #e1 ,united ,states ,code2 and 7,b7 the term ,executive action includes-- 7i7 any ,executive order1 presidential memorandum1 or other action by the ,president2 and 7ii7 any agency policy1 order1 or other directive4 7c7 7#a7 ,the ,secretary of ,veterans ,affairs shall conduct a study on the effectiveness of the hotline specified in subsection 7a7 during the #e-year period beginning on ,january #a1 #bjaf1 based on an analysis of national suicide data and data collected from such hotline4 7#b7 ,at a minimum1 the study required by paragraph 7#a7 shall-- 7,a7 determine the number of veterans who contact the hotline specified in subsection 7a7 and who receive follow up services from the hotline or mental health services from the ,department of ,veterans ,affairs thereafter2 7,b7 determine the number of veterans who contact the hotline who are not referred to1 or do not continue receiving1 mental health care who commit suicide2 and 7,c7 determine the number of veterans described in subparagraph 7,a7 who commit or attempt suicide4 #bcc4 ,effective during the period beginning on ,october #a1 #bjah and ending on ,january #a1 #bjbd1 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 #aj1 #bjag1 as issued by the ,veterans ,health ,administration ,national ,center for ,health ,promotion and ,disease ,prevention4 #bcd4 7a7 ,notwithstanding any other provision of law1 the amounts appropriated or otherwise made available to the ,department of ,veterans ,affairs for the ,medical ,services account may be used to provide-- 7#a7 fertility counseling and treatment using assisted reproductive technology to a covered veteran or the spouse of a covered veteran2 or 7#b7 adoption reimbursement to a covered veteran4 7b7 ,in this section3 7#a7 ,the term service-connected has the meaning given such term in section #aja of title #ch1 ,united ,states ,code4 7#b7 ,the term covered veteran means a veteran1 as such term is defined in section #aja of title #ch1 ,united ,states ,code1 who has a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment4 7#c7 ,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 #ajgd7;c77#d77;,a7 of title #aj1 ,united ,states ,code1 as described in the memorandum on the subject of ,policy for ,assisted ,reproductive ,services for the ,benefit of ,seriously or ,severely ,ill_/,injured 7,category ,,ii or ,,iii7 ,active ,duty ,service ,members issued by the ,assistant ,secretary of ,defense for ,health ,affairs on ,april #c1 #bjab1 and the guidance issued to implement such policy1 including any limitations on the amount of such benefits available to such a member except that-- 7,a7 the time periods regarding embryo cryopreservation and storage set forth in part ,,iii7,g7 and in part ,,iv7,h7 of such memorandum shall not apply2 and 7,b7 such term includes embryo cryopreservation and storage without limitation on the duration of such cryopreservation and storage4 7#d7 ,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 ,defense1 as authorized in ,department of ,defense ,instruction #acda4ji1 including the reimbursement limits and requirements set forth in such instruction4 7c7 ,amounts made available for the purposes specified in subsection 7a7 of this section are subject to the requirements for funds contained in section #ejh of division ,h of the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada74 #bce4 ,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 with3 7#a7 section #hdb of the ,transportation1 ,treasury1 ,housing and ,urban ,development1 the ,judiciary1 the ,district of ,columbia1 and ,independent ,agencies ,appropriations ,act1 #bjjf 7,public ,law #aji-aae2 #aai ,stat4 #bejf72 or 7#b7 section #haaj7;a77#e7 of title #ch1 ,united ,states ,code4 #bcf4 ,section #hdb of ,public ,law #aji-aae shall not apply to conversion of an activity or function of the ,veterans ,health ,administration1 ,veterans ,benefits ,administration1 or ,national ,cemetery ,administration to contractor performance by a business concern that is at least #ea percent owned by one or more ,indian tribes as defined in section #ecjd7;e7 of title #be1 ,united ,states ,code1 or one or more ,native ,hawaiian ,organizations as defined in section #fcg7;a77#ae7 of title #ae1 ,united ,states ,code4 #bcg4 7a7 ,except as provided in subsection 7b71 the ,secretary of ,veterans ,affairs1 in consultation with the ,secretary of ,defense and the ,secretary of ,labor1 shall discontinue using ,social ,security account numbers to identify individuals in all information systems of the ,department of ,veterans ,affairs as follows3 7#a7 ,for all veterans submitting to the ,secretary of ,veterans ,affairs new claims for benefits under laws administered by the ,secretary1 not later than ,march #bc1 #bjbc4 7#b7 ,for all individuals not described in paragraph 7#a71 not later than ,march #bc1 #bjbf4 7b7 ,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 ,secretary4 7c7 ,the matter in subsections 7a7 and 7b7 shall supersede section #bch of ,public ,law #aaf-id4 #bch4 ,for funds provided to the ,department of ,veterans ,affairs for each of fiscal year #bjba and #bjbb for ,medical ,services1 section #bci of division ,a of ,public ,law #aad-bbc shall apply4 #bci4 ,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 ,affairs4 #bdj4 ,of the funds provided to the ,department of ,veterans ,affairs for each of fiscal year #bjba and fiscal year #bjbb for ,medical ,services1 funds may be used in each year to carry out and expand the child care program authorized by section #bje of ,public ,law #aaa-afc1 notwithstanding subsection 7e7 of such section4 #bda4 ,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 affairs4 #bdb4 ,for funds provided to the ,department of ,veterans ,affairs for each of fiscal year #bjba and #bjbb1 section #beh of division ,a of ,public ,law #aad-bbc shall apply4 #bdc4 7a7 ,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 records1 documents1 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 #aigh 7#e ,u4,s4,c4 ,app471 or to prevent or impede the access of such ,inspector ,general to such records1 documents1 or other materials1 under any provision of law1 except a provision of law that expressly refers to such ,inspector ,general and expressly limits the right of access of such ,inspector ,general4 7b7 ,a department or agency covered by this section shall provide its ,inspector ,general access to all records1 documents1 and other materials in a timely manner4 7c7 ,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 #aigh 7#e ,u4,s4,c4 ,app474 7d7 ,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 #e calendar days of any failure by any department or agency covered by this section to comply with this section4 #bdd4 ,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 ,affairs4 #bde4 ,none of the funds appropriated or otherwise made available by this ,act to the ,veterans ,health ,administration may be used in fiscal year #bjba to convert any program which received specific purpose funds in fiscal year #bjbj 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 #cj days prior to any such action and an approval is issued by the ,committees4 #bdf4 ,for funds provided to the ,department of ,veterans ,affairs for each of fiscal year #bjba and #bjbb1 section #bdh of division ,a of ,public ,law #aad-bbc shall apply4 #bdg4 7a7 ,none of the funds appropriated or otherwise made available by this ,act may be used to conduct research commencing on or after ,october #a1 #bjai1 that uses any canine1 feline1 or non-human primate unless the ,secretary of ,veterans ,affairs approves such research specifically and in writing pursuant to subsection 7b74 7b7 7#a7 ,the ,secretary of ,veterans ,affairs may approve the conduct of research commencing on or after ,october #a1 #bjai1 using canines1 felines1 or non-human primates if the ,secretary determines that-- 7,a7 the scientific objectives of the research can only be met by using such canines1 felines1 or non-human primates2 7,b7 such scientific objectives are directly related to an illness or injury that is combat-related2 and 7,c7 the research is consistent with the revised ,department of ,veterans ,affairs canine research policy document dated ,december #ae1 #bjag1 including any subsequent revisions to such document4 7#b7 ,the ,secretary may not delegate the authority under this subsection4 7c7 ,if the ,secretary approves any new research pursuant to subsection 7b71 not later than #cj days before the commencement of such research1 the ,secretary shall submit to the ,committees on ,appropriations of the ,senate and ,house of ,representatives a report describing-- 7#a7 the nature of the research to be conducted using canines1 felines1 or non-human primates2 7#b7 the date on which the ,secretary approved the research2 7#c7 the justification for the determination of the ,secretary that the scientific objectives of such research could only be met using canines1 felines1 or non-human primates2 7#d7 the frequency and duration of such research2 and 7#e7 the protocols in place to ensure the necessity1 safety1 and efficacy of the research2 and 7d7 ,not later than #ahj days after the date of the enactment of this ,act1 and biannually thereafter1 the ,secretary shall submit to such ,committees a report describing-- 7#a7 any research being conducted by the ,department of ,veterans ,affairs using canines1 felines1 or non-human primates as of the date of the submittal of the report2 7#b7 the circumstances under which such research was conducted using canines1 felines1 or non-human primates2 7#c7 the justification for using canines1 felines1 or non-human primates to conduct such research2 and 7#d7 the protocols in place to ensure the necessity1 safety1 and efficacy of such research4 7e7 ,not later than ,december #ca1 #bjba1 the ,secretary shall submit to such ,committees an updated plan under which the ,secretary will eliminate or reduce the research conducted using canines1 felines1 or non-human primates by not later than #e years after the date of enactment of ,public ,law #aaf-id4 #bdh4 7a7 ,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 #ca of title #ch1 ,united ,states ,code1 does not exceed #abe veterans to one full-time employment equivalent4 7b7 ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall submit to ,congress a report on the programs of rehabilitation conducted under chapter #ca of title #ch1 ,united ,states ,code1 including-- 7#a7 an assessment of the veteran-to-staff ratio for each such program2 and 7#b7 recommendations for such action as the ,secretary considers necessary to reduce the veteran-to-staff ratio for each such program4 #bdi4 ,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 ,bainbridge1 ,new ,york1 until the ,secretary of ,veterans ,affairs submits to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate a market area assessment4 #bej4 ,amounts made available for the ,veterans ,health ,administration1 ,medical ,community ,care account in this or any other ,act for fiscal years #bjba and #bjbb may be used for expenses that would otherwise be payable from the ,veterans ,choice ,fund established by section #hjb of the ,veterans ,access1 ,choice1 and ,accountability ,act1 as amended 7#ch ,u4,s4,c4 #agja note74 #bea4 ,obligations and expenditures applicable to the ,medical ,services account in fiscal years #bjag through #bjai for aid to state homes 7as authorized by section #agda of title #ch1 ,united ,states ,code7 shall remain in the ,medical ,community ,care account for such fiscal years4 #beb4 ,of the amounts made available for the ,department of ,veterans ,affairs for fiscal year #bjba1 in this or any other ,act1 under the ,veterans ,health ,administration--,medical ,services1 ,veterans ,health ,administration--,medical ,community ,care1 ,veterans ,health ,administration--,medical ,support and ,compliance1 and ,veterans ,health ,administration--,medical ,facilities accounts1 #ffj1fia1jjj shall be made available for gender-specific care for women4 #bec 7a7 ,plan required ,not later than #ij days after the date of the enactment of this ,act1 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 events4 7b7 ,elements ,the plan required by subsection 7a7 shall include the following3 7#a7 ,a description of a process for the timely identification of individuals impacted by disclosures described in subsection 7a7 and the process for contacting those individuals or their next of kin4 7#b7 ,a description of procedures for expediting any remedial or follow-up care required for those individuals4 7#c7 ,a detailed outline of proposed changes to the process of the ,department for clinical quality checks and oversight4 7#d7 ,a communication plan to ensure all facilities of the ,department are made aware of any requirements updated pursuant to the plan4 7#e7 ,a timeline detailing the implementation of the plan4 7#f7 ,an identification of the senior executive of the ,department responsible for ensuring compliance with the plan4 7#g7 ,an identification of potential impacts of the plan on timely diagnoses for patients4 7#h7 ,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 minimized4 7c7 ,appropriate committees of congress defined ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,veterans' ,affairs and the ,subcommittee on ,military ,construction1 ,veterans ,affairs1 and ,related ,agencies of the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on ,veterans' ,affairs and the ,subcommittee on ,military ,construction1 ,veterans ,affairs1 and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives4 7,,rescissions ,,of ,,funds7 #bed4 ,of the unobligated balances available to the ,department of ,veterans ,affairs from prior appropriations ,acts1 the following funds are hereby rescinded from the following accounts in the amounts specified3 ,veterans ,benefits ,administration1 ,general ,operating ,expenses1 ,veterans ,benefits ,administration1 #af1jjj1jjj2 ,veterans ,health ,administration1 ,medical ,services1 #ajj1jjj1jjj2 ,veterans ,health ,administration1 ,medical ,support and ,compliance1 #ae1jjj1jjj2 ,veterans ,health ,administration1 ,medical and ,prosthetic ,research1 #bj1jjj1jjj2 ,departmental ,administration1 ,general ,administration1 #ab1jjj1jjj2 ,departmental ,administration1 ,information ,technology ,systems1 #cg1ejj1jjj2 ,departmental ,administration1 ,veterans ,electronic ,health ,record1 #bj1jjj1jjj2 and ,departmental ,administration1 ,construction1 ,minor ,projects1 #ce1gjj1jjj3 ,provided1 ,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 #aihe4 ,,iii ,,related ,,agencies ,american battle monuments commission ,,salaries ,,and ,,expenses ,for necessary expenses1 not otherwise provided for1 of the ,american ,battle ,monuments ,commission1 including the acquisition of land or interest in land in foreign countries2 purchases and repair of uniforms for caretakers of national cemeteries and monuments outside of the ,united ,states and its territories and possessions2 rent of office and garage space in foreign countries2 purchase 7one-for-one replacement basis only7 and hire of passenger motor vehicles2 not to exceed #ae1jjj for official reception and representation expenses2 and insurance of official motor vehicles in foreign countries1 when required by law of such countries1 #hd1ajj1jjj1 to remain available until expended4 ,,foreign ,,currency ,,fluctuations ,,account ,for necessary expenses1 not otherwise provided for1 of the ,american ,battle ,monuments ,commission1 such sums as may be necessary1 to remain available until expended1 for purposes authorized by section #baji of title #cf1 ,united ,states ,code4 ,united ,states court of appeals for veterans claims ,,salaries ,,and ,,expenses ,for necessary expenses for the operation of the ,united ,states ,court of ,appeals for ,veterans ,claims as authorized by sections #gbea through #gbih of title #ch1 ,united ,states ,code1 #cg1ajj1jjj3 ,provided1 ,that #c1bhf1eji 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 #ajb-bbi4 ,department of defense--,civil ,cemeterial expenses1 army ,,salaries ,,and ,,expenses ,for necessary expenses for maintenance1 operation1 and improvement of ,arlington ,national ,cemetery and ,soldiers' and ,airmen's ,home ,national ,cemetery1 including the purchase or lease of passenger motor vehicles for replacement on a one-for-one basis only1 and not to exceed #b1jjj for official reception and representation expenses1 #ha1hae1jjj1 of which not to exceed #ae1jjj1jjj shall remain available until ,september #cj1 #bjbc4 ,in addition1 such sums as may be necessary for parking maintenance1 repairs and replacement1 to be derived from the ,lease of ,department of ,defense ,real ,property for ,defense ,agencies account4 ,armed forces retirement home ,,trust ,,fund ,for expenses necessary for the ,armed ,forces ,retirement ,home to operate and maintain the ,armed ,forces ,retirement ,home--,washington1 ,district of ,columbia1 and the ,armed ,forces ,retirement ,home--,gulfport1 ,mississippi1 to be paid from funds available in the ,armed ,forces ,retirement ,home ,trust ,fund1 #ge1cjj1jjj1 to remain available until ,september #cj1 #bjbb1 of which #i1jjj1jjj shall remain available until expended for construction and renovation of the physical plants at the ,armed ,forces ,retirement ,home--,washington1 ,district of ,columbia1 and the ,armed ,forces ,retirement ,home--,gulfport1 ,mississippi3 ,provided1 ,that of the amounts made available under this heading from funds available in the ,armed ,forces ,retirement ,home ,trust ,fund1 #bb1jjj1jjj shall be paid from the general fund of the ,treasury to the ,trust ,fund4 ,administrative provision #cja4 ,amounts deposited into the special account established under #aj ,u4,s4,c4 #ggbg are appropriated and shall be available until expended to support activities at the ,army ,national ,military ,cemeteries4 ,,iv ,,overseas ,,contingency ,,operations ,,department ,,of ,,defense ,military construction1 army ,for an additional amount for ,military ,construction1 ,army1 #af1aaa1jjj1 to remain available until ,september #cj1 #bjbe1 for projects outside of the ,united ,states3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,military construction1 navy and marine corps ,for an additional amount for ,military ,construction1 ,navy and ,marine ,corps1 #gj1jbj1jjj1 to remain available until ,september #cj1 #bjbe1 for projects outside of the ,united ,states3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,military construction1 air force ,for an additional amount for ,military ,construction1 ,air ,force #bfc1hfi1jjj1 to remain available until ,september #cj1 #bjbe1 for projects outside of the ,united ,states3 ,provided1 ,that such amount is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,administrative provision #dja4 ,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 committees1 in a classified and unclassified format1 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 #bjbb through #bjbf4 ,v ,,general ,,provisions #eja4 ,no part of any appropriation contained in this ,act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein4 #ejb4 ,none of the funds made available in this ,act may be used for any program1 project1 or activity1 when it is made known to the ,federal entity or official to which the funds are made available that the program1 project1 or activity is not in compliance with any ,federal law relating to risk assessment1 the protection of private property rights1 or unfunded mandates4 #ejc4 ,all departments and agencies funded under this ,act are encouraged1 within the limits of the existing statutory authorities and funding1 to expand their use of ,e-,commerce technologies and procedures in the conduct of their business practices and public service activities4 #ejd4 ,unless stated otherwise1 all reports and notifications required by this ,act shall be submitted to the ,subcommittee on ,military ,construction and ,veterans ,affairs1 and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives and the ,subcommittee on ,military ,construction and ,veterans ,affairs1 and ,related ,agencies of the ,committee on ,appropriations of the ,senate4 #eje4 ,none of the funds made available in this ,act may be transferred to any department1 agency1 or instrumentality of the ,united ,states ,government except pursuant to a transfer made by1 or transfer authority provided in1 this or any other appropriations ,act4 #ejf4 ,none of the funds made available in this ,act may be used for a project or program named for an individual serving as a ,member1 ,delegate1 or ,resident ,commissioner of the ,united ,states ,house of ,representatives4 #ejg4 7a7 ,any agency receiving funds made available in this ,act1 shall1 subject to subsections 7b7 and 7c71 post on the public ,web site of that agency any report required to be submitted by the ,congress in this or any other ,act1 upon the determination by the head of the agency that it shall serve the national interest4 7b7 ,subsection 7a7 shall not apply to a report if-- 7#a7 the public posting of the report compromises national security2 or 7#b7 the report contains confidential or proprietary information4 7c7 ,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 #de days4 #ejh4 7a7 ,none of the funds made available in this ,act may be used to maintain or establish a computer network unless such network blocks the viewing1 downloading1 and exchanging of pornography4 7b7 ,nothing in subsection 7a7 shall limit the use of funds necessary for any ,federal1 ,state1 tribal1 or local law enforcement agency or any other entity carrying out criminal investigations1 prosecution1 or adjudication activities4 #eji4 ,none of the funds made available in this ,act may be used by an agency of the executive branch to pay for first-class travel by an employee of the agency in contravention of sections #cja-aj4abb through #cja-aj4abd of title #da1 ,code of ,federal ,regulations4 #eaj4 ,none of the funds made available in this ,act may be used to execute a contract for goods or services1 including construction services1 where the contractor has not complied with ,executive ,order ,no4 #abihi4 #eaa4 ,none of the funds made available by this ,act may be used in contravention of section #aja7;e77#h7 of title #aj1 ,united ,states ,code4 #eab4 7a7 ,in general ,none of the funds appropriated or otherwise made available to the ,department of ,defense in this ,act may be used to construct1 renovate1 or expand any facility in the ,united ,states1 its territories1 or possessions to house any individual detained at ,united ,states ,naval ,station1 ,guantnamo ,bay1 ,cuba1 for the purposes of detention or imprisonment in the custody or under the control of the ,department of ,defense4 7b7 ,the prohibition in subsection 7a7 shall not apply to any modification of facilities at ,united ,states ,naval ,station1 ,guantnamo ,bay1 ,cuba4 7c7 ,an individual described in this subsection is any individual who1 as of ,june #bd1 #bjji1 is located at ,united ,states ,naval ,station1 ,guantnamo ,bay1 ,cuba1 and who-- 7#a7 is not a citizen of the ,united ,states or a member of the ,armed ,forces of the ,united ,states2 and 7#b7 is-- 7,a7 in the custody or under the effective control of the ,department of ,defense2 or 7,b7 otherwise under detention at ,united ,states ,naval ,station1 ,guantnamo ,bay1 ,cuba4 #eac4 ,title ,x of division ,b of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf7 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 hospital1 nursing home1 and domiciliary facilities in ,state homes3 ,provided1 and inserting in lieu thereof the following3 which shall be for modifying or altering existing hospital1 nursing home1 and domiciliary facilities in ,state homes or for previously awarded projects1 for covering construction cost increases due to the coronavirus3 ,provided1 ,that the ,secretary shall conduct a new competition or competitions to award grants to ,states using funds provided under this heading in this ,act3 ,provided further1 ,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 ,secretary3 ,provided further1 ,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 projects3 ,provided further1 ,that the use of funds provided under this heading in this ,act shall not be subject to state matching fund requirements1 application requirements1 cost thresholds1 priority lists1 deadlines1 award dates under sections #hacd and #hace of title #ch1 ,united ,states ,code1 and part #ei of chapter ,i of title #ch1 ,code of ,federal ,regulations1 and shall not be subject to requirements of section #eja7;d7 of title #ch1 ,united ,states ,code3 ,provided further1 ,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 section3 ,provided further13 ,provided1 ,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 #aihe are designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 #ead4 ,of the unobligated balances available to the ,department of ,veterans ,affairs from title ,x of division ,b of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf7 for ,veterans ,health ,administration1 ,medical ,services1 funds may be transferred to the following accounts in the amounts specified3 ,general ,operating ,expenses1 ,veterans ,benefits ,administration1 up to #adj1jjj1jjj2 ,national ,cemetery ,administration1 up to #bf1jjj1jjj2 and ,departmental ,administration1 ,board of ,veterans ,appeals1 up to #a1jjj1jjj3 ,provided1 ,that the transferred funds shall be used for personnel costs and other expenses to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 including the elimination of backlogs that may have occurred3 ,provided further1 ,that the transferred funds shall be in addition to any other funds made available for this purpose3 ,provided further1 ,that the transferred funds may not be used to increase the number of full-time equivalent positions3 ,provided further1 ,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 #aihe are designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 #eae4 ,of the unobligated balances available to the ,department of ,veterans ,affairs from title ,x of division ,b of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf7 for ,veterans ,health ,administration1 ,medical ,services1 funds may be transferred to the following accounts in the amounts specified3 ,general ,operating ,expenses1 ,veterans ,benefits ,administration1 up to #aih1jjj1jjj2 and ,departmental ,administration1 ,information ,technology ,systems1 up to #de1jjj1jjj3 ,provided1 ,that the transferred funds shall be used to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 to improve the ,veterans ,benefits ,administration's education systems1 including implementation of changes to chapters #cj through #cf of part ,,iii of title #ch1 ,united ,states ,code in the ,harry ,w4 ,colmery ,veterans ,educational ,assistance ,act of #bjag 7,public ,law #aae-dh71 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 institutions1 and for other purposes 7,public ,law #aaf-abh71 and in the ,student ,veteran ,coronavirus ,response ,act of #bjbj 7,public ,law #aaf-adj73 ,provided further1 ,that funds transferred to ,departmental ,administration1 ,information ,technology ,systems pursuant to this section shall be transferred to the information technology systems development subaccount3 ,provided further1 ,that the transferred funds shall be in addition to any other funds made available for this purpose3 ,provided further1 ,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 #aihe are designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 #eaf4 ,section #bjjac7;b7 of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf7 is amended-- 7#a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively2 7#b7 in the matter preceding subparagraph 7,a71 as so redesignated1 by inserting 7#a7 before ,in the case2 and 7#c7 by adding at the end the following3 7#b7 ,if the ,secretary waives any limit on grant amounts or rates for per diem payments under paragraph 7#a71 notwithstanding section #bjab7;a77#b77;,b7 of such title1 the maximum rate for per diem payments described in paragraph 7#a77;,b7 shall be three times the rate authorized for ,state homes for domiciliary care under section #agda of such title43 ,provided1 ,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 #aihe are designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 #eag4 ,of the unobligated balances available to the ,department of ,veterans ,affairs from title ,x of division ,b of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf7 for ,veterans ,health ,administration1 ,medical ,services1 up to #ajj1jjj1jjj may be transferred to ,veterans ,health ,administration1 ,medical ,community ,care3 ,provided1 ,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 prevent1 prepare for1 and respond to coronavirus3 ,provided further1 ,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 #ch ,u4,s4,c4 #agda or #agde3 ,provided further1 ,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 #aihe are designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,this division may be cited as the ,military ,construction1 ,veterans ,affairs1 and ,related ,agencies ,appropriations ,act1 #bjba4 ,k ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjba ,i ,department of ,state and ,related ,agency ,department of ,state ,administration of foreign affairs ,,diplomatic ,,programs ,for necessary expenses of the ,department of ,state and the ,foreign ,service not otherwise provided for1 #i1agj1jac1jjj1 of which #geg1cfg1jjj may remain available until ,september #cj1 #bjbb1 and of which up to #d1abj1hii1jjj may remain available until expended for ,worldwide ,security ,protection3 ,provided1 ,that of the amount made available under this heading for ,worldwide ,security ,protection1 #b1bbf1abb1jjj is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe3 ,provided further1 ,that funds made available under this heading shall be allocated in accordance with paragraphs 7#a7 through 7#d7 as follows3 7#a7 ,human resources ,for necessary expenses for training1 human resources management1 and salaries1 including employment without regard to civil service and classification laws of persons on a temporary basis 7not to exceed #gjj1jjj71 as authorized by section #hja of the ,united ,states ,information and ,educational ,exchange ,act of #aidh 7#fb ,stat4 #aa2 ,chapter #cf71 #b1iij1hbj1jjj1 of which up to #ecd1ghb1jjj is for ,worldwide ,security ,protection4 7#b7 ,overseas programs ,for necessary expenses for the regional bureaus of the ,department of ,state and overseas activities as authorized by law1 #a1hjh1dae1jjj4 7#c7 ,diplomatic policy and support ,for necessary expenses for the functional bureaus of the ,department of ,state1 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 ,congress1 general administration1 and arms control1 nonproliferation1 and disarmament activities as authorized1 #gfc1dbh1jjj4 7#d7 ,security programs ,for necessary expenses for security activities1 #c1fjg1cej1jjj1 of which up to #c1ehf1aag1jjj is for ,worldwide ,security ,protection4 7#e7 ,fees and payments collected ,in addition to amounts otherwise made available under this heading-- 7,a7 as authorized by section #haj of the ,united ,states ,information and ,educational ,exchange ,act1 not to exceed #e1jjj1jjj1 to remain available until expended1 may be credited to this appropriation from fees or other payments received from ,english teaching1 library1 motion pictures1 and publication programs and from fees from educational advising and counseling and exchange visitor programs2 and 7,b7 not to exceed #ae1jjj1 which shall be derived from reimbursements1 surcharges1 and fees for use of ,blair ,house facilities4 7#f7 ,transfer of funds1 reprogramming1 and other matters 7,a7 ,notwithstanding any other provision of this ,act1 funds may be reprogrammed within and between paragraphs 7#a7 through 7#d7 under this heading subject to section #gjae of this ,act4 7,b7 ,of the amount made available under this heading for ,worldwide ,security ,protection1 not to exceed #ej1jjj1jjj may be transferred to1 and merged with1 funds made available by this ,act under the heading ,emergencies in the ,diplomatic and ,consular ,service1 to be available only for emergency evacuations and rewards1 as authorized3 ,provided1 ,that the exercise of the authority provided by this subparagraph shall be subject to prior consultation with the ,committees on ,appropriations4 7,c7 ,funds appropriated under this heading are available for acquisition by exchange or purchase of passenger motor vehicles as authorized by law and1 pursuant to section #aajh7;g7 of title #ca1 ,united ,states ,code1 for the field examination of programs and activities in the ,united ,states funded from any account contained in this title4 ,,capital ,,investment ,,fund ,for necessary expenses of the ,capital ,investment ,fund1 as authorized1 #bej1jjj1jjj1 to remain available until expended4 ,,office ,,of ,,inspector ,,general ,for necessary expenses of the ,office of ,inspector ,general1 #ij1hbi1jjj1 of which #ac1fbd1jjj may remain available until ,september #cj1 #bjbb3 ,provided1 ,that funds appropriated under this heading are made available notwithstanding section #bji7;a77#a7 of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cibi7;a77#a771 as it relates to post inspections4 ,in addition1 for the ,special ,inspector ,general for ,afghanistan ,reconstruction 7,,sigar7 for reconstruction oversight1 #ed1ijj1jjj1 to remain available until ,september #cj1 #bjbb1 which is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe3 ,provided1 ,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 year4 ,,educational ,,and ,,cultural ,,exchange ,,programs ,for necessary expenses of educational and cultural exchange programs1 as authorized1 #gdj1cjj1jjj1 to remain available until expended1 of which not less than #bgd1jjj1jjj shall be for the ,fulbright ,program and not less than #aac1hfj1jjj shall be for ,citizen ,exchange ,program3 ,provided1 ,that fees or other payments received from1 or in connection with1 ,english teaching1 educational advising and counseling programs1 and exchange visitor programs as authorized may be credited to this account1 to remain available until expended3 ,provided further1 ,that a portion of the ,fulbright awards from the ,eurasia and ,central ,asia regions shall be designated as ,edmund ,s4 ,muskie ,fellowships1 following consultation with the ,committees on ,appropriations3 ,provided further1 ,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 ,s4 ,mc,cain ,scholars ,program1 pursuant to section #gjge of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjai 7division ,f of ,public ,law #aaf-f73 ,provided further1 ,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 #aaf-abf3 ,provided further1 ,that any substantive modifications from the prior fiscal year to programs funded by this ,act under this heading shall be subject to prior consultation with1 and the regular notification procedures of1 the ,committees on ,appropriations4 ,,representation ,,expenses ,for representation expenses as authorized1 #g1dae1jjj4 ,,protection ,,of ,,foreign ,,missions ,,and ,,officials ,for necessary expenses1 not otherwise provided1 to enable the ,secretary of ,state to provide for extraordinary protective services1 as authorized1 #cj1hij1jjj1 to remain available until ,september #cj1 #bjbb4 ,,embassy ,,security1 ,,construction1 ,,and ,,maintenance ,for necessary expenses for carrying out the ,foreign ,service ,buildings ,act of #aibf 7#bb ,u4,s4,c4 #bib et seq471 preserving1 maintaining1 repairing1 and planning for real property that are owned or leased by the ,department of ,state1 and renovating1 in addition to funds otherwise available1 the ,harry ,s ,truman ,building1 #gfi1jee1jjj1 to remain available until ,september #cj1 #bjbe1 of which not to exceed #be1jjj may be used for overseas representation expenses as authorized3 ,provided1 ,that none of the funds appropriated in this paragraph shall be available for acquisition of furniture1 furnishings1 or generators for other departments and agencies of the ,united ,states ,government4 ,in addition1 for the costs of worldwide security upgrades1 acquisition1 and construction as authorized1 #a1aha1cid1jjj1 to remain available until expended1 of which #hbd1bhg1jjj is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,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 ,service1 as authorized1 #g1hhe1jjj1 to remain available until expended1 of which not to exceed #a1jjj1jjj may be transferred to1 and merged with1 funds appropriated by this ,act under the heading ,repatriation ,loans ,program ,account4 ,,repatriation ,,loans ,,program ,,account ,for the cost of direct loans1 #b1ejj1jjj1 as authorized3 ,provided1 ,that such costs1 including the cost of modifying such loans1 shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd3 ,provided further1 ,that such funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed #f1caa1iib4 ,,payment ,,to ,,the ,,american ,,institute ,,in ,,taiwan ,for necessary expenses to carry out the ,taiwan ,relations ,act 7,public ,law #if-h71 #ca1ifc1jjj4 ,,international ,,center1 ,,washington1 ,,district ,,of ,,columbia ,not to exceed #a1hjf1fjj shall be derived from fees collected from other executive agencies for lease or use of facilities at the ,international ,center in accordance with section #d of the ,international ,center ,act 7,public ,law #ij-eec71 and1 in addition1 as authorized by section #e of such ,act1 #b1gdc1jjj1 to be derived from the reserve authorized by such section1 to be used for the purposes set out in that section4 ,,payment ,,to ,,the ,,foreign ,,service ,,retirement ,,and ,,disability ,,fund ,for payment to the ,foreign ,service ,retirement and ,disability ,fund1 as authorized1 #aeh1ijj1jjj4 ,international organizations ,,contributions ,,to ,,international ,,organizations ,for necessary expenses1 not otherwise provided for1 to meet annual obligations of membership in international multilateral organizations1 pursuant to treaties ratified pursuant to the advice and consent of the ,senate1 conventions1 or specific ,acts of ,congress1 #a1eje1ibh1jjj1 of which #if1bdj1jjj1 to remain available until ,september #cj1 #bjbb1 is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe3 ,provided1 ,that the ,secretary of ,state shall1 at the time of the submission of the ,president's budget to ,congress under section #aaje7;a7 of title #ca1 ,united ,states ,code1 transmit to the ,committees on ,appropriations the most recent biennial budget prepared by the ,united ,nations for the operations of the ,united ,nations3 ,provided further1 ,that the ,secretary of ,state shall notify the ,committees on ,appropriations at least #ae days in advance 7or in an emergency1 as far in advance as is practicable7 of any ,united ,nations action to increase funding for any ,united ,nations program without identifying an offsetting decrease elsewhere in the ,united ,nations budget3 ,provided further1 ,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 ,appropriations3 ,provided further1 ,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 #a1 #aihd1 through external borrowings4 ,,contributions ,,for ,,international ,,peacekeeping ,,activities ,for necessary expenses to pay assessed and other expenses of international peacekeeping activities directed to the maintenance or restoration of international peace and security1 #a1def1cad1jjj1 of which #gje1iid1jjj is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe3 ,provided1 ,that of the funds made available under this heading1 up to #hah1edb1jjj may remain available until ,september #cj1 #bjbb3 ,provided further1 ,that none of the funds made available by this ,act shall be obligated or expended for any new or expanded ,united ,nations peacekeeping mission unless1 at least #ae days in advance of voting for such mission in the ,united ,nations ,security ,council 7or in an emergency as far in advance as is practicable71 the ,committees on ,appropriations are notified of3 7#a7 the estimated cost and duration of the mission1 the objectives of the mission1 the national interest that will be served1 and the exit strategy2 and 7#b7 the sources of funds1 including any reprogrammings or transfers1 that will be used to pay the cost of the new or expanded mission1 and the estimated cost in future fiscal years3 ,provided further1 ,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 employees1 contractor personnel1 and peacekeeping troops serving in such mission from trafficking in persons1 exploiting victims of trafficking1 or committing acts of sexual exploitation and abuse or other violations of human rights1 and to hold accountable individuals who engage in such acts while participating in such mission1 including prosecution in their home countries and making information about such prosecutions publicly available on the website of the ,united ,nations3 ,provided further1 ,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 rights3 ,provided further1 ,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 equipment1 services1 and material for ,united ,nations peacekeeping activities equal to those being given to foreign manufacturers and suppliers3 ,provided further1 ,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 national1 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 recommendation3 ,provided further1 ,that any payment of arrearages with funds appropriated by this ,act shall be subject to the regular notification procedures of the ,committees on ,appropriations4 ,international commissions ,for necessary expenses1 not otherwise provided for1 to meet obligations of the ,united ,states arising under treaties1 or specific ,acts of ,congress1 as follows3 ,,international ,,boundary ,,and ,,water ,,commission1 ,,united ,,states ,,and ,,mexico ,for necessary expenses for the ,united ,states ,section of the ,international ,boundary and ,water ,commission1 ,united ,states and ,mexico1 and to comply with laws applicable to the ,united ,states ,section1 including not to exceed #f1jjj for representation expenses2 as follows3 ,,salaries ,,and ,,expenses ,for salaries and expenses1 not otherwise provided for1 #di1ggj1jjj1 of which #g1dff1jjj may remain available until ,september #cj1 #bjbb4 ,,construction ,for detailed plan preparation and construction of authorized projects1 #di1jjj1jjj1 to remain available until expended1 as authorized3 ,provided1 ,that of the funds appropriated under this heading in this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs for the ,united ,states ,section1 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 #aihe1 up to #e1jjj1jjj may be transferred to1 and merged with1 funds appropriated under the heading ,salaries and ,expenses to carry out the purposes of the ,united ,states ,section1 which shall be subject to prior consultation with1 and the regular notification procedures of1 the ,committees on ,appropriations3 ,provided further1 ,that such transfer authority is in addition to any other transfer authority provided in this ,act4 ,,american ,,sections1 ,,international ,,commissions ,for necessary expenses1 not otherwise provided1 for the ,international ,joint ,commission and the ,international ,boundary ,commission1 ,united ,states and ,canada1 as authorized by treaties between the ,united ,states and ,canada or ,great ,britain1 and for technical assistance grants and the ,community ,assistance ,program of the ,north ,american ,development ,bank1 #ae1jjh1jjj3 ,provided1 ,that of the amount provided under this heading for the ,international ,joint ,commission1 up to #a1bej1jjj may remain available until ,september #cj1 #bjbb1 and up to #i1jjj may be made available for representation expenses3 ,provided further1 ,that of the amount provided under this heading for the ,international ,boundary ,commission1 up to #a1jjj may be made available for representation expenses4 ,,international ,,fisheries ,,commissions ,for necessary expenses for international fisheries commissions1 not otherwise provided for1 as authorized by law1 #fb1hdf1jjj3 ,provided1 ,that the ,united ,states share of such expenses may be advanced to the respective commissions pursuant to section #ccbd of title #ca1 ,united ,states ,code4 ,,related ,,agency ,united ,states agency for global media ,,international ,,broadcasting ,,operations ,for necessary expenses to enable the ,united ,states ,agency for ,global ,media 7,,usagm71 as authorized1 to carry out international communication activities1 and to make and supervise grants for radio1 ,internet1 and television broadcasting to the ,middle ,east1 #gic1beg1jjj3 ,provided1 ,that in addition to amounts otherwise available for such purposes1 up to #dj1gjh1jjj of the amount appropriated under this heading may remain available until expended for satellite transmissions and ,internet freedom programs1 of which not less than #bj1jjj1jjj shall be for ,internet freedom programs3 ,provided further1 ,that of the total amount appropriated under this heading1 not to exceed #ce1jjj may be used for representation expenses1 of which #aj1jjj may be used for such expenses within the ,united ,states as authorized1 and not to exceed #cj1jjj may be used for representation expenses of ,radio ,free ,europe_/,radio ,liberty3 ,provided further1 ,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 #d 7in the matter preceding division ,a of this consolidated ,act73 ,provided further1 ,that notwithstanding the previous proviso1 funds may be reprogrammed within and between amounts designated in such table1 subject to the regular notification procedures of the ,committees on ,appropriations1 except that no such reprogramming may reduce a designated amount by more than #e percent3 ,provided further1 ,that funds appropriated under this heading shall be made available in accordance with the principles and standards set forth in section #cjc7;a7 and 7b7 of the ,united ,states ,international ,broadcasting ,act of #aiid 7#bb ,u4,s4,c4 #fbjb7 and section #cje7;b7 of such ,act 7#bb ,u4,s4,c4 #fbjd73 ,provided further1 ,that the ,,usagm ,chief ,executive ,officer shall notify the ,committees on ,appropriations within #ae days of any determination by the ,,usagm that any of its broadcast entities1 including its grantee organizations1 provides an open platform for international terrorists or those who support international terrorism1 or is in violation of the principles and standards set forth in section #cjc7;a7 and 7b7 of such ,act or the entity's journalistic code of ethics3 ,provided further1 ,that in addition to funds made available under this heading1 and notwithstanding any other provision of law1 up to #e1jjj1jjj in receipts from advertising and revenue from business ventures1 up to #ejj1jjj in receipts from cooperating international organizations1 and up to #a1jjj1jjj in receipts from privatization efforts of the ,voice of ,america and the ,international ,broadcasting ,bureau1 shall remain available until expended for carrying out authorized purposes3 ,provided further1 ,that significant modifications to ,,usagm broadcast hours previously justified to ,congress1 including changes to transmission platforms 7shortwave1 medium wave1 satellite1 ,internet1 and television71 for all ,,usagm language services shall be subject to the regular notification procedures of the ,committees on ,appropriations3 ,provided further1 ,that up to #g1jjj1jjj from the ,,usagm ,buying ,power ,maintenance account may be transferred to1 and merged with1 funds appropriated by this ,act under the heading ,international ,broadcasting ,operations1 which shall remain available until expended3 ,provided further1 ,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 with1 and the regular notification procedures of1 the ,committees on ,appropriations4 ,,broadcasting ,,capital ,,improvements ,for the purchase1 rent1 construction1 repair1 preservation1 and improvement of facilities for radio1 television1 and digital transmission and reception2 the purchase1 rent1 and installation of necessary equipment for radio1 television1 and digital transmission and reception1 including to ,cuba1 as authorized2 and physical security worldwide1 in addition to amounts otherwise available for such purposes1 #i1gjj1jjj1 to remain available until expended1 as authorized4 ,,related ,,programs ,the asia foundation ,for a grant to ,the ,asia ,foundation1 as authorized by ,the ,asia ,foundation ,act 7#bb ,u4,s4,c4 #ddjb71 #bj1jjj1jjj1 to remain available until expended3 ,provided1 ,that funds appropriated under this heading shall be apportioned and obligated to the ,foundation not later than #fj days after enactment of this ,act4 ,united ,states institute of peace ,for necessary expenses of the ,united ,states ,institute of ,peace1 as authorized by the ,united ,states ,institute of ,peace ,act 7#bb ,u4,s4,c4 #dfja et seq471 #de1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 which shall not be used for construction activities4 ,center for middle eastern-,western dialogue trust fund ,for necessary expenses of the ,center for ,middle ,eastern-,western ,dialogue ,trust ,fund1 as authorized by section #fcc of the ,departments of ,commerce1 ,justice1 and ,state1 the ,judiciary1 and ,related ,agencies ,appropriations ,act1 #bjjd 7#bb ,u4,s4,c4 #bjgh71 the total amount of the interest and earnings accruing to such ,fund on or before ,september #cj1 #bjba1 to remain available until expended4 ,eisenhower exchange fellowship program ,for necessary expenses of ,eisenhower ,exchange ,fellowships1 ,incorporated1 as authorized by sections #d and #e of the ,eisenhower ,exchange ,fellowship ,act of #aiij 7#bj ,u4,s4,c4 #ebjd-ebje71 all interest and earnings accruing to the ,eisenhower ,exchange ,fellowship ,program ,trust ,fund on or before ,september #cj1 #bjba1 to remain available until expended3 ,provided1 ,that none of the funds appropriated herein shall be used to pay any salary or other compensation1 or to enter into any contract providing for the payment thereof1 in excess of the rate authorized by section #ecgf of title #e1 ,united ,states ,code2 or for purposes which are not in accordance with section #bjj of title #b of the ,code of ,federal ,regulations1 including the restrictions on compensation for personal services4 ,israeli arab scholarship program ,for necessary expenses of the ,israeli ,arab ,scholarship ,program1 as authorized by section #bad of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aiib and #aiic 7#bb ,u4,s4,c4 #bdeb note71 all interest and earnings accruing to the ,israeli ,arab ,scholarship ,fund on or before ,september #cj1 #bjba1 to remain available until expended4 ,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 #aifj1 by grant to the ,center for ,cultural and ,technical ,interchange ,between ,east and ,west in the ,state of ,hawaii1 #ai1gjj1jjj3 ,provided1 ,that funds appropriated under this heading shall be apportioned and obligated to the ,center not later than #fj days after enactment of this ,act4 ,national endowment for democracy ,for grants made by the ,department of ,state to the ,national ,endowment for ,democracy1 as authorized by the ,national ,endowment for ,democracy ,act 7#bb ,u4,s4,c4 #ddab71 #cjj1jjj1jjj1 to remain available until expended1 of which #aie1hdj1jjj shall be allocated in the traditional and customary manner1 including for the core institutes1 and #ajd1afj1jjj shall be for democracy programs3 ,provided1 ,that the requirements of section #gjfa7;a7 of this ,act shall not apply to funds made available under this heading3 ,provided further1 ,that funds appropriated under this heading shall be apportioned and obligated to the ,endowment not later than #fj days after enactment of this ,act4 ,,other ,,commissions ,commission for the preservation of america's heritage abroad ,,salaries ,,and ,,expenses ,for necessary expenses for the ,commission for the ,preservation of ,america's ,heritage ,abroad1 #fdb1jjj1 as authorized by chapter #cabc of title #ed1 ,united ,states ,code3 ,provided1 ,that the ,commission may procure temporary1 intermittent1 and other services notwithstanding paragraph 7#c7 of section #cabcjd7;b7 of such chapter3 ,provided further1 ,that such authority shall terminate on ,october #a1 #bjba3 ,provided further1 ,that the ,commission shall notify the ,committees on ,appropriations prior to exercising such authority4 ,united ,states commission on international religious freedom ,,salaries ,,and ,,expenses ,for necessary expenses for the ,united ,states ,commission on ,international ,religious ,freedom1 as authorized by title ,,ii of the ,international ,religious ,freedom ,act of #aiih 7#bb ,u4,s4,c4 #fdca et seq471 #d1ejj1jjj1 to remain available until ,september #cj1 #bjbb1 including not more than #d1jjj for representation expenses4 ,commission on security and cooperation in europe ,,salaries ,,and ,,expenses ,for necessary expenses of the ,commission on ,security and ,cooperation in ,europe1 as authorized by ,public ,law #id-cjd 7#bb ,u4,s4,c4 #cjja et seq471 #b1ijh1jjj1 including not more than #d1jjj for representation expenses1 to remain available until ,september #cj1 #bjbb4 ,congressional-executive commission on the people's republic of china ,,salaries ,,and ,,expenses ,for necessary expenses of the ,congressional-,executive ,commission on the ,people's ,republic of ,china1 as authorized by title ,,iii of the ,u4,s4-,china ,relations ,act of #bjjj 7#bb ,u4,s4,c4 #fiaa et seq471 #b1bej1jjj1 including not more than #c1jjj for representation expenses1 to remain available until ,september #cj1 #bjbb4 ,united ,states-,china economic and security review commission ,,salaries ,,and ,,expenses ,for necessary expenses of the ,united ,states-,china ,economic and ,security ,review ,commission1 as authorized by section #abch of the ,floyd ,d4 ,spence ,national ,defense ,authorization ,act for ,fiscal ,year #bjja 7#bb ,u4,s4,c4 #gjjb71 #d1jjj1jjj1 including not more than #d1jjj for representation expenses1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that the authorities1 requirements1 limitations1 and conditions contained in the second through sixth provisos under this heading in the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjaj 7division ,f of ,public ,law #aaa-aag7 shall continue in effect during fiscal year #bjba and shall apply to funds appropriated under this heading4 ,,ii ,,united ,,states ,,agency ,,for ,,international ,,development ,funds appropriated to the ,president ,,operating ,,expenses ,for necessary expenses to carry out the provisions of section #ffg of the ,foreign ,assistance ,act of #aifa1 #a1cgg1gdg1jjj1 of which up to #bjf1ffb1jjj may remain available until ,september #cj1 #bjbb3 ,provided1 ,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 7including architect and engineering services71 purchase1 or long-term lease of offices for use by the ,united ,states ,agency for ,international ,development1 unless the ,,usaid ,administrator has identified such proposed use of funds in a report submitted to the ,committees on ,appropriations at least #ae days prior to the obligation of funds for such purposes3 ,provided further1 ,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 year3 ,provided further1 ,that the authority of sections #faj and #aji of the ,foreign ,assistance ,act of #aifa may be exercised by the ,secretary of ,state to transfer funds appropriated to carry out chapter #a of part ,i of such ,act to ,operating ,expenses in accordance with the provisions of those sections3 ,provided further1 ,that of the funds appropriated or made available under this heading1 not to exceed #bej1jjj may be available for representation and entertainment expenses1 of which not to exceed #e1jjj may be available for entertainment expenses1 and not to exceed #ajj1ejj shall be for official residence expenses1 for ,,usaid during the current fiscal year3 ,provided further1 ,that the ,,usaid ,administrator shall submit a report to the ,committees on ,appropriations not later than #fj days after enactment of this ,act on changes to the account structure as described in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act74 ,,capital ,,investment ,,fund ,for necessary expenses for overseas construction and related costs1 and for the procurement and enhancement of information technology and related capital investments1 pursuant to section #ffg of the ,foreign ,assistance ,act of #aifa1 #beh1bjj1jjj1 to remain available until expended3 ,provided1 ,that this amount is in addition to funds otherwise available for such purposes3 ,provided further1 ,that funds appropriated under this heading shall be available subject to the regular notification procedures of the ,committees on ,appropriations4 ,,office ,,of ,,inspector ,,general ,for necessary expenses to carry out the provisions of section #ffg of the ,foreign ,assistance ,act of #aifa1 #ge1ejj1jjj1 of which up to #aa1cbe1jjj may remain available until ,september #cj1 #bjbb1 for the ,office of ,inspector ,general of the ,united ,states ,agency for ,international ,development4 ,,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 #aifa1 and for other purposes1 as follows3 ,,global ,,health ,,programs ,for necessary expenses to carry out the provisions of chapters #a and #aj of part ,i of the ,foreign ,assistance ,act of #aifa1 for global health activities1 in addition to funds otherwise available for such purposes1 #c1bfe1iej1jjj1 to remain available until ,september #cj1 #bjbb1 and which shall be apportioned directly to the ,united ,states ,agency for ,international ,development not later than #fj days after enactment of this ,act3 ,provided1 ,that this amount shall be made available for training1 equipment1 and technical assistance to build the capacity of public health institutions and organizations in developing countries1 and for such activities as3 7#a7 child survival and maternal health programs2 7#b7 immunization and oral rehydration programs2 7#c7 other health1 nutrition1 water and sanitation programs which directly address the needs of mothers and children1 and related education programs2 7#d7 assistance for children displaced or orphaned by causes other than ,,aids2 7#e7 programs for the prevention1 treatment1 control of1 and research on ,,hiv_/,,aids1 tuberculosis1 polio1 malaria1 and other infectious diseases including neglected tropical diseases1 and for assistance to communities severely affected by ,,hiv_/,,aids1 including children infected or affected by ,,aids2 7#f7 disaster preparedness training for health crises2 7#g7 programs to prevent1 prepare for1 and respond to1 unanticipated and emerging global health threats1 including zoonotic diseases2 and 7#h7 family planning_/reproductive health3 ,provided further1 ,that funds appropriated under this paragraph may be made available for a ,united ,states contribution to ,the ,,gavi ,alliance3 ,provided further1 ,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 which1 as determined by the ,president of the ,united ,states1 supports or participates in the management of a program of coercive abortion or involuntary sterilization3 ,provided further1 ,that any determination made under the previous proviso must be made not later than #f months after the date of enactment of this ,act1 and must be accompanied by the evidence and criteria utilized to make the determination3 ,provided further1 ,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 abortions3 ,provided further1 ,that nothing in this paragraph shall be construed to alter any existing statutory prohibitions against abortion under section #ajd of the ,foreign ,assistance ,act of #aifa3 ,provided further1 ,that none of the funds made available under this ,act may be used to lobby for or against abortion3 ,provided further1 ,that in order to reduce reliance on abortion in developing nations1 funds shall be available only to voluntary family planning projects which offer1 either directly or through referral to1 or information about access to1 a broad range of family planning methods and services1 and that any such voluntary family planning project shall meet the following requirements3 7#a7 service providers or referral agents in the project shall not implement or be subject to quotas1 or other numerical targets1 of total number of births1 number of family planning acceptors1 or acceptors of a particular method of family planning 7this provision shall not be construed to include the use of quantitative estimates or indicators for budgeting and planning purposes72 7#b7 the project shall not include payment of incentives1 bribes1 gratuities1 or financial reward to3 7,a7 an individual in exchange for becoming a family planning acceptor2 or 7,b7 program personnel for achieving a numerical target or quota of total number of births1 number of family planning acceptors1 or acceptors of a particular method of family planning2 7#c7 the project shall not deny any right or benefit1 including the right of access to participate in any program of general welfare or the right of access to health care1 as a consequence of any individual's decision not to accept family planning services2 7#d7 the project shall provide family planning acceptors comprehensible information on the health benefits and risks of the method chosen1 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 method2 and 7#e7 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 benefits2 and1 not less than #fj days after the date on which the ,,usaid ,administrator determines that there has been a violation of the requirements contained in paragraph 7#a71 7#b71 7#c71 or 7#e7 of this proviso1 or a pattern or practice of violations of the requirements contained in paragraph 7#d7 of this proviso1 the ,administrator shall submit to the ,committees on ,appropriations a report containing a description of such violation and the corrective action taken by the ,agency3 ,provided further1 ,that in awarding grants for natural family planning under section #ajd of the ,foreign ,assistance ,act of #aifa no applicant shall be discriminated against because of such applicant's religious or conscientious commitment to offer only natural family planning2 and1 additionally1 all such applicants shall comply with the requirements of the previous proviso3 ,provided further1 ,that for purposes of this or any other ,act authorizing or appropriating funds for the ,department of ,state1 foreign operations1 and related programs1 the term motivate1 as it relates to family planning assistance1 shall not be construed to prohibit the provision1 consistent with local law1 of information or counseling about all pregnancy options3 ,provided further1 ,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 use4 ,in addition1 for necessary expenses to carry out the provisions of the ,foreign ,assistance ,act of #aifa for the prevention1 treatment1 and control of1 and research on1 ,,hiv_/,,aids1 #e1icj1jjj1jjj1 to remain available until ,september #cj1 #bjbe1 which shall be apportioned directly to the ,department of ,state not later than #fj days after enactment of this ,act3 ,provided1 ,that funds appropriated under this paragraph may be made available1 notwithstanding any other provision of law1 except for the ,united ,states ,leadership ,against ,,hiv_/,,aids1 ,tuberculosis1 and ,malaria ,act of #bjjc 7,public ,law #ajh-be71 for a ,united ,states contribution to the ,global ,fund to ,fight ,,aids1 ,tuberculosis and ,malaria 7,global ,fund73 ,provided further1 ,that the amount of such contribution shall be #a1efj1jjj1jjj and shall be for the second installment of the sixth replenishment3 ,provided further1 ,that up to #e percent of the aggregate amount of funds made available to the ,global ,fund in fiscal year #bjba may be made available to ,,usaid for technical assistance related to the activities of the ,global ,fund1 subject to the regular notification procedures of the ,committees on ,appropriations3 ,provided further1 ,that of the funds appropriated under this paragraph1 up to #ag1jjj1jjj may be made available1 in addition to amounts otherwise available for such purposes1 for administrative expenses of the ,office of the ,united ,states ,global ,,aids ,coordinator4 ,,development ,,assistance ,for necessary expenses to carry out the provisions of sections #ajc1 #aje1 #ajf1 #bad1 and sections #bea through #bee1 and chapter #aj of part ,i of the ,foreign ,assistance ,act of #aifa1 #c1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that funds made available under this heading shall be apportioned directly to the ,united ,states ,agency for ,international ,development not later than #fj days after enactment of this ,act4 ,,international ,,disaster ,,assistance ,for necessary expenses to carry out the provisions of section #dia of the ,foreign ,assistance ,act of #aifa for international disaster relief1 rehabilitation1 and reconstruction assistance1 #d1cie1cfb1jjj1 to remain available until expended1 of which #a1iad1jda1jjj is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe3 ,provided1 ,that funds made available under this heading shall be apportioned to the ,united ,states ,agency for ,international ,development not later than #fj days after enactment of this ,act4 ,,transition ,,initiatives ,for necessary expenses for international disaster rehabilitation and reconstruction assistance administered by the ,office of ,transition ,initiatives1 ,united ,states ,agency for ,international ,development1 pursuant to section #dia of the ,foreign ,assistance ,act of #aifa1 and to support transition to democracy and long-term development of countries in crisis1 #ib1jdc1jjj1 to remain available until expended3 ,provided1 ,that such support may include assistance to develop1 strengthen1 or preserve democratic institutions and processes1 revitalize basic infrastructure1 and foster the peaceful resolution of conflict3 ,provided further1 ,that the ,,usaid ,administrator shall submit a report to the ,committees on ,appropriations at least #e days prior to beginning a new1 or terminating a1 program of assistance3 ,provided further1 ,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 heading1 up to #ae1jjj1jjj of the funds appropriated by this ,act to carry out the provisions of part ,i of the ,foreign ,assistance ,act of #aifa may be used for purposes of this heading and under the authorities applicable to funds appropriated under this heading3 ,provided further1 ,that funds made available pursuant to the previous proviso shall be made available subject to prior consultation with the ,committees on ,appropriations4 ,,complex ,,crises ,,fund ,for necessary expenses to carry out the provisions of section #eji7;b7 of the ,global ,fragility ,act of #bjai 7title ,v of division ,j of ,public ,law #aaf-id71 #cj1jjj1jjj1 to remain available until expended3 ,provided1 ,that funds appropriated under this heading may be made available notwithstanding any other provision of law1 except sections #gjjg1 #gjjh1 and #gjah of this ,act and section #fbj,m of the ,foreign ,assistance ,act of #aifa3 ,provided further1 ,that funds appropriated under this heading shall be apportioned to the ,united ,states ,agency for ,international ,development not later than #fj days after enactment of this ,act4 ,,economic ,,support ,,fund ,for necessary expenses to carry out the provisions of chapter #d of part ,,ii of the ,foreign ,assistance ,act of #aifa1 #c1aea1ifc1jjj1 to remain available until ,september #cj1 #bjbb4 ,,democracy ,,fund ,for necessary expenses to carry out the provisions of the ,foreign ,assistance ,act of #aifa for the promotion of democracy globally1 including to carry out the purposes of section #ejb7;b77#c7 and 7#e7 of ,public ,law #ih-afd 7#bb ,u4,s4,c4 #ddaa71 #aij1dej1jjj1 to remain available until ,september #cj1 #bjbb1 which shall be made available for the ,human ,rights and ,democracy ,fund of the ,bureau of ,democracy1 ,human ,rights1 and ,labor1 ,department of ,state1 and shall be apportioned to such ,bureau not later than #fj days after enactment of this ,act3 ,provided1 ,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 purposes3 ,provided further1 ,that the ,assistant ,secretary for ,democracy1 ,human ,rights1 and ,labor1 ,department of ,state1 shall consult with the ,committees on ,appropriations prior to the initial obligation of funds appropriated under this paragraph4 ,for an additional amount for such purposes1 #ajj1bej1jjj1 to remain available until ,september #cj1 #bjbb1 which shall be made available for the ,bureau for ,development1 ,democracy1 and ,innovation1 ,united ,states ,agency for ,international ,development1 and shall be apportioned to such ,bureau not later than #fj days after enactment of this ,act4 ,,assistance ,,for ,,europe1 ,,eurasia ,,and ,,central ,,asia ,for necessary expenses to carry out the provisions of the ,foreign ,assistance ,act of #aifa1 the ,,freedom ,support ,act 7,public ,law #ajb-eaa71 and the ,support for ,eastern ,european ,democracy 7,,seed7 ,act of #aihi 7,public ,law #aja-agi71 #ggj1ccd1jjj1 to remain available until ,september #cj1 #bjbb1 which shall be available1 notwithstanding any other provision of law1 except section #gjdg of this ,act1 for assistance and related programs for countries identified in section #c of the ,,freedom ,support ,act 7#bb ,u4,s4,c4 #ehja7 and section #c7;c7 of the ,,seed ,act of #aihi 7#bb ,u4,s4,c4 #edjb71 in addition to funds otherwise available for such purposes3 ,provided1 ,that funds appropriated by this ,act under the headings ,global ,health ,programs1 ,economic ,support ,fund1 and 8,international ,narcotics ,control and ,law ,enforcement0 that are made available for assistance for such countries shall be administered in accordance with the responsibilities of the coordinator designated pursuant to section #ajb of the ,,freedom ,support ,act and section #fja of the ,,seed ,act of #aihi3 ,provided further1 ,that funds appropriated under this heading shall be considered to be economic assistance under the ,foreign ,assistance ,act of #aifa for purposes of making available the administrative authorities contained in that ,act for the use of economic assistance3 ,provided further1 ,that funds appropriated under this heading may be made available for contributions to multilateral initiatives to counter hybrid threats3 ,provided further1 ,that any notification of funds made available under this heading in this ,act or prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs shall include information 7if known on the date of transmittal of such notification7 on the use of notwithstanding authority3 ,provided further1 ,that if subsequent to the notification of assistance it becomes necessary to rely on notwithstanding authority1 the ,committees on ,appropriations should be informed at the earliest opportunity and to the extent practicable3 ,provided further1 ,that of the funds appropriated under this heading1 not less than #b1jjj1jjj1 to remain available until expended1 shall be transferred to1 and merged with1 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 #aaf-ddd3 ,provided further1 ,that such funds shall be administered by1 and under the policy direction of1 the coordinator designated pursuant to section #ajb of the ,,freedom ,support ,act and section #fja of the ,,seed ,act of #aihi4 ,department of ,state ,,migration ,,and ,,refugee ,,assistance ,for necessary expenses not otherwise provided for1 to enable the ,secretary of ,state to carry out the provisions of section #b7;a7 and 7b7 of the ,migration and ,refugee ,assistance ,act of #aifb 7#bb ,u4,s4,c4 #bfja71 and other activities to meet refugee and migration needs2 salaries and expenses of personnel and dependents as authorized by the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cija et seq472 allowances as authorized by sections #eiba through #eibe of title #e1 ,united ,states ,code2 purchase and hire of passenger motor vehicles2 and services as authorized by section #caji of title #e1 ,united ,states ,code1 #c1dcb1jjj1jjj1 to remain available until expended1 of which3 #a1gja1dag1jjj is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe2 not less than #ce1jjj1jjj shall be made available to respond to small-scale emergency humanitarian requirements2 and #e1jjj1jjj shall be made available for refugees resettling in ,israel4 ,,united ,,states ,,emergency ,,refugee ,,and ,,migration ,,assistance ,,fund ,for necessary expenses to carry out the provisions of section #b7;c7 of the ,migration and ,refugee ,assistance ,act of #aifb 7#bb ,u4,s4,c4 #bfja7;c771 #ajj1jjj1 to remain available until expended3 ,provided1 ,that amounts in excess of the limitation contained in paragraph 7#b7 of such section shall be transferred to1 and merged with1 funds made available by this ,act under the heading ,migration and ,refugee ,assistance4 ,independent agencies ,,peace ,,corps 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses to carry out the provisions of the ,peace ,corps ,act 7#bb ,u4,s4,c4 #beja et seq471 including the purchase of not to exceed five passenger motor vehicles for administrative purposes for use outside of the ,united ,states1 #daj1ejj1jjj1 of which #f1ccj1jjj is for the ,office of ,inspector ,general1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that the ,director of the ,peace ,corps may transfer to the ,foreign ,currency ,fluctuations ,account1 as authorized by section #af of the ,peace ,corps ,act 7#bb ,u4,s4,c4 #beae71 an amount not to exceed #e1jjj1jjj3 ,provided further1 ,that funds transferred pursuant to the previous proviso may not be derived from amounts made available for ,peace ,corps overseas operations3 ,provided further1 ,that of the funds appropriated under this heading1 not to exceed #ajd1jjj may be available for representation expenses1 of which not to exceed #d1jjj may be made available for entertainment expenses3 ,provided further1 ,that in addition to the requirements under section #gjae7;a7 of this ,act1 the ,peace ,corps shall consult with the ,committees on ,appropriations prior to any decision to open1 close1 or suspend a domestic or overseas office or a country program unless there is a substantial risk to volunteers or other ,peace ,corps personnel3 ,provided further1 ,that none of the funds appropriated under this heading shall be used to pay for abortions3 ,provided further1 ,that notwithstanding the previous proviso1 section #fad of division ,e of ,public ,law #aac-gf shall apply to funds appropriated under this heading4 ,,millennium ,,challenge ,,corporation ,for necessary expenses to carry out the provisions of the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggja et seq47 7,,mca71 #iab1jjj1jjj1 to remain available until expended3 ,provided1 ,that of the funds appropriated under this heading1 up to #aab1jjj1jjj may be available for administrative expenses of the ,millennium ,challenge ,corporation3 ,provided further1 ,that section #fje7;e7 of the ,,mca 7#bb ,u4,s4,c4 #ggjd7;e77 shall apply to funds appropriated under this heading3 ,provided further1 ,that funds appropriated under this heading may be made available for a ,millennium ,challenge ,compact entered into pursuant to section #fji of the ,,mca 7#bb ,u4,s4,c4 #ggjh7 only if such ,compact obligates1 or contains a commitment to obligate subject to the availability of funds and the mutual agreement of the parties to the ,compact to proceed1 the entire amount of the ,united ,states ,government funding anticipated for the duration of the ,compact3 ,provided further1 ,that no country should be eligible for a threshold program after such country has completed a country compact3 ,provided further1 ,that of the funds appropriated under this heading1 not to exceed #ajj1jjj may be available for representation and entertainment expenses1 of which not to exceed #e1jjj may be available for entertainment expenses4 ,,inter-,,american ,,foundation ,for necessary expenses to carry out the functions of the ,inter-,american ,foundation in accordance with the provisions of section #dja of the ,foreign ,assistance ,act of #aifi1 #ch1jjj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that of the funds appropriated under this heading1 not to exceed #b1jjj may be available for representation expenses4 ,,united ,,states ,,african ,,development ,,foundation ,for necessary expenses to carry out the ,african ,development ,foundation ,act 7title ,v of ,public ,law #if-ecc2 #bb ,u4,s4,c4 #bij;h et seq471 #cc1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 of which not to exceed #b1jjj may be available for representation expenses3 ,provided1 ,that funds made available to grantees may be invested pending expenditure for project purposes when authorized by the ,board of ,directors of the ,united ,states ,african ,development ,foundation 7,,usadf73 ,provided further1 ,that interest earned shall be used only for the purposes for which the grant was made3 ,provided further1 ,that notwithstanding section #eje7;a77#b7 of the ,african ,development ,foundation ,act 7#bb ,u4,s4,c4 #bij;h-#c7;a77#b771 in exceptional circumstances the ,board of ,directors of the ,,usadf may waive the #bej1jjj limitation contained in that section with respect to a project and a project may exceed the limitation by up to #aj percent if the increase is due solely to foreign currency fluctuation3 ,provided further1 ,that the ,,usadf shall submit a report to the appropriate congressional committees after each time such waiver authority is exercised3 ,provided further1 ,that the ,,usadf may make rent or lease payments in advance from appropriations available for such purpose for offices1 buildings1 grounds1 and quarters in ,africa as may be necessary to carry out its functions3 ,provided further1 ,that the ,,usadf may maintain bank accounts outside the ,united ,states ,treasury and retain any interest earned on such accounts1 in furtherance of the purposes of the ,african ,development ,foundation ,act3 ,provided further1 ,that the ,,usadf may not withdraw any appropriation from the ,treasury prior to the need of spending such funds for program purposes4 ,department of the treasury ,,international ,,affairs ,,technical ,,assistance ,for necessary expenses to carry out the provisions of section #abi of the ,foreign ,assistance ,act of #aifa1 #cc1jjj1jjj1 to remain available until expended1 of which not more than #f1fjj1jjj may be used for administrative expenses3 ,provided1 ,that amounts made available under this heading may be made available to contract for services as described in section #abi7;d77#c77;,a7 of the ,foreign ,assistance ,act of #aifa1 without regard to the location in which such services are performed4 ,,debt ,,restructuring ,for the costs1 as defined in section #ejb of the ,congressional ,budget ,act of #aigd1 of modifying loans and loan guarantees1 as the ,president may determine1 for which funds have been appropriated or otherwise made available for programs within the ,international ,affairs ,budget ,function #aej1 including the cost of selling1 reducing1 or canceling amounts owed to the ,united ,states as a result of concessional loans made to eligible countries1 pursuant to part ,v of the ,foreign ,assistance ,act of #aifa1 #ae1jjj1jjj1 to remain available until ,september #cj1 #bjbc4 ,in addition1 for the costs1 as defined in section #ejb of the ,congressional ,budget ,act of #aigd1 of modifying loans and loan guarantees for ,somalia or credits extended to ,somalia1 as the ,president may determine1 including the cost of selling1 reducing1 or cancelling amounts owed to the ,united ,states1 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 considerations1 #gh1jjj1jjj1 to remain available until expended1 which may be used notwithstanding any other provision of law3 ,provided1 ,that funds made available by this paragraph shall be subject to prior consultation with the appropriate congressional committees and subject to the regular notification procedures of the ,committees on ,appropriations4 ,in addition1 for the costs1 as defined in section #ejb of the ,congressional ,budget ,act of #aigd1 of modifying loans and loan guarantees for or credits extended to ,sudan1 #aaa1jjj1jjj1 to remain available until expended1 which may be used notwithstanding any other provision of law1 in the event ,sudan meets the domestic and internationally agreed conditions and the modifications are consistent with ,united ,states law and foreign policy considerations4 ,,iv ,,international ,,security ,,assistance ,department of ,state ,,international ,,narcotics ,,control ,,and ,,law ,,enforcement ,for necessary expenses to carry out section #dha of the ,foreign ,assistance ,act of #aifa1 #a1che1egc1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that the ,department of ,state may use the authority of section #fjh of the ,foreign ,assistance ,act of #aifa1 without regard to its restrictions1 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 #h of part ,i of such ,act1 subject to the regular notification procedures of the ,committees on ,appropriations3 ,provided further1 ,that section #dhb7;b7 of the ,foreign ,assistance ,act of #aifa shall not apply to funds appropriated under this heading1 except that any funds made available notwithstanding such section shall be subject to the regular notification procedures of the ,committees on ,appropriations3 ,provided further1 ,that funds appropriated under this heading shall be made available to support training and technical assistance for foreign law enforcement1 corrections1 judges1 and other judicial authorities1 utilizing regional partners3 ,provided further1 ,that funds made available under this heading that are transferred to another department1 agency1 or instrumentality of the ,united ,states ,government pursuant to section #fcb7;b7 of the ,foreign ,assistance ,act of #aifa valued in excess of #e1jjj1jjj1 and any agreement made pursuant to section #fcb7;a7 of such ,act1 shall be subject to the regular notification procedures of the ,committees on ,appropriations3 ,provided further1 ,that funds made available under this heading for ,program ,development and ,support may be made available notwithstanding pre-obligation requirements contained in this ,act1 except for the notification requirements of section #gjae4 ,,nonproliferation1 ,,anti-,,terrorism1 ,,demining ,,and ,,related ,,programs ,for necessary expenses for nonproliferation1 anti-terrorism1 demining and related programs and activities1 #hhi1bdg1jjj1 to remain available until ,september #cj1 #bjbb1 to carry out the provisions of chapter #h of part ,,ii of the ,foreign ,assistance ,act of #aifa for anti-terrorism assistance1 chapter #i of part ,,ii of the ,foreign ,assistance ,act of #aifa1 section #ejd of the ,,freedom ,support ,act 7#bb ,u4,s4,c4 #ehed71 section #bc of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgfc71 or the ,foreign ,assistance ,act of #aifa for demining activities1 the clearance of unexploded ordnance1 the destruction of small arms1 and related activities1 notwithstanding any other provision of law1 including activities implemented through nongovernmental and international organizations1 and section #cja of the ,foreign ,assistance ,act of #aifa for a ,united ,states contribution to the ,comprehensive ,nuclear ,test ,ban ,treaty ,preparatory ,commission1 and for a voluntary contribution to the ,international ,atomic ,energy ,agency 7,,iaea73 ,provided1 ,that funds made available under this heading for the ,nonproliferation and ,disarmament ,fund shall be made available1 notwithstanding any other provision of law and subject to prior consultation with1 and the regular notification procedures of1 the ,committees on ,appropriations1 to promote bilateral and multilateral activities relating to nonproliferation1 disarmament1 and weapons destruction1 and shall remain available until expended3 ,provided further1 ,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 so3 ,provided further1 ,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 ,agency3 ,provided further1 ,that funds made available for conventional weapons destruction programs1 including demining and related activities1 in addition to funds otherwise available for such purposes1 may be used for administrative expenses related to the operation and management of such programs and activities1 subject to the regular notification procedures of the ,committees on ,appropriations4 ,,peacekeeping ,,operations ,for necessary expenses to carry out the provisions of section #eea of the ,foreign ,assistance ,act of #aifa1 #ddj1gei1jjj1 of which #cbe1bac1jjj1 to remain available until ,september #cj1 #bjbb1 is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe3 ,provided1 ,that funds appropriated under this heading may be used1 notwithstanding section #ffj of the ,foreign ,assistance ,act of #aifa1 to provide assistance to enhance the capacity of foreign civilian security forces1 including gendarmes1 to participate in peacekeeping operations3 ,provided further1 ,that of the funds appropriated under this heading1 not less than #be1jjj1jjj shall be made available for a ,united ,states contribution to the ,multinational ,force and ,observers mission in the ,sinai and not less than #ga1jjj1jjj shall be made available for the ,global ,peace ,operations ,initiative3 ,provided further1 ,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 conditions1 as applicable1 as funds appropriated by this ,act under the heading ,contributions for ,international ,peacekeeping ,activities3 ,provided further1 ,that none of the funds appropriated under this heading shall be obligated except as provided through the regular notification procedures of the ,committees on ,appropriations4 ,funds appropriated to the ,president ,,international ,,military ,,education ,,and ,,training ,for necessary expenses to carry out the provisions of section #eda of the ,foreign ,assistance ,act of #aifa1 #aab1ibe1jjj1 of which up to #ef1dfc1jjj may remain available until ,september #cj1 #bjbb3 ,provided1 ,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 relations1 civilian control of the military1 or respect for human rights3 ,provided further1 ,that of the funds appropriated under this heading1 up to #c1jjj1jjj may remain available until expended to increase the participation of women in programs and activities funded under this heading1 following consultation with1 and the regular notification procedures of1 the ,committees on ,appropriations3 ,provided further1 ,that of the funds appropriated under this heading1 not to exceed #ej1jjj may be available for entertainment expenses4 ,,foreign ,,military ,,financing ,,program ,for necessary expenses for grants to enable the ,president to carry out the provisions of section #bc of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgfc71 #f1age1ebd1jjj1 of which #egf1iji1jjj1 to remain available until ,september #cj1 #bjbb1 is designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe3 ,provided1 ,that to expedite the provision of assistance to foreign countries and international organizations1 the ,secretary of ,state1 following consultation with the ,committees on ,appropriations and subject to the regular notification procedures of such ,committees1 may use the funds appropriated under this heading to procure defense articles and services to enhance the capacity of foreign security forces3 ,provided further1 ,that of the funds appropriated under this heading1 not less than #c1cjj1jjj1jjj shall be available for grants only for ,israel which shall be disbursed within #cj days of enactment of this ,act3 ,provided further1 ,that to the extent that the ,government of ,israel requests that funds be used for such purposes1 grants made available for ,israel under this heading shall1 as agreed by the ,united ,states and ,israel1 be available for advanced weapons systems1 of which not less than #gie1cjj1jjj shall be available for the procurement in ,israel of defense articles and defense services1 including research and development3 ,provided further1 ,that funds appropriated or otherwise made available under this heading shall be nonrepayable notwithstanding any requirement in section #bc of the ,arms ,export ,control ,act3 ,provided further1 ,that funds made available under this heading shall be obligated upon apportionment in accordance with paragraph 7#e77;,c7 of section #aeja7;a7 of title #ca1 ,united ,states ,code4 ,none of the funds made available under this heading shall be available to finance the procurement of defense articles1 defense services1 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 financed with such funds3 ,provided1 ,that all country and funding level increases in allocations shall be submitted through the regular notification procedures of section #gjae of this ,act3 ,provided further1 ,that funds made available under this heading may be used1 notwithstanding any other provision of law1 for demining1 the clearance of unexploded ordnance1 and related activities1 and may include activities implemented through nongovernmental and international organizations3 ,provided further1 ,that only those countries for which assistance was justified for the ,foreign ,military ,sales ,financing ,program in the fiscal year #aihi congressional presentation for security assistance programs may utilize funds made available under this heading for procurement of defense articles1 defense services1 or design and construction services that are not sold by the ,united ,states ,government under the ,arms ,export ,control ,act3 ,provided further1 ,that funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for defense articles and services3 ,provided further1 ,that not more than #gj1jjj1jjj of the funds appropriated under this heading may be obligated for necessary expenses1 including the purchase of passenger motor vehicles for replacement only for use outside of the ,united ,states1 for the general costs of administering military assistance and sales1 except that this limitation may be exceeded only through the regular notification procedures of the ,committees on ,appropriations3 ,provided further1 ,that of the funds made available under this heading for general costs of administering military assistance and sales1 not to exceed #d1jjj may be available for entertainment expenses and not to exceed #acj1jjj may be available for representation expenses3 ,provided further1 ,that not more than #a1acg1jjj1jjj of funds realized pursuant to section #ba7;e77#a77;,a7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgfa7;e77#a77;,a77 may be obligated for expenses incurred by the ,department of ,defense during fiscal year #bjba pursuant to section #dc7;b7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgib7;b771 except that this limitation may be exceeded only through the regular notification procedures of the ,committees on ,appropriations4 ,v ,,multilateral ,,assistance ,funds appropriated to the ,president ,,international ,,organizations ,,and ,,programs ,for necessary expenses to carry out the provisions of section #cja of the ,foreign ,assistance ,act of #aifa1 #chg1ejj1jjj3 ,provided1 ,that section #cjg7;a7 of the ,foreign ,assistance ,act of #aifa shall not apply to contributions to the ,united ,nations ,democracy ,fund3 ,provided further1 ,that not later than #fj days after enactment of this ,act1 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 #d 7in the matter preceding division ,a of this consolidated ,act7 unless otherwise provided for in this ,act1 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 with1 and subject to the regular notification procedures of1 such ,committees4 ,international financial institutions ,,global ,,environment ,,facility ,for payment to the ,international ,bank for ,reconstruction and ,development as trustee for the ,global ,environment ,facility by the ,secretary of the ,treasury1 #aci1ege1jjj1 to remain available until1 and to be fully disbursed not later than1 ,september #cj1 #bjbb3 ,provided1 ,that of such amount1 #acf1efc1jjj1 which shall remain available until ,september #cj1 #bjba1 is only available for the third installment of the seventh replenishment of the ,global ,environment ,facility1 and shall be obligated and disbursed not later than #ij days after enactment of this ,act3 ,provided further1 ,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 disbursed3 ,provided further1 ,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 disbursed4 ,,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 stock1 #bjf1ejj1jjj1 to remain available until expended4 ,,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 #a1dba1bge1gbh4gj4 ,,contribution ,,to ,,the ,,international ,,development ,,association ,for payment to the ,international ,development ,association by the ,secretary of the ,treasury1 #a1jja1djj1jjj1 to remain available until expended4 ,,contribution ,,to ,,the ,,asian ,,development ,,fund ,for payment to the ,asian ,development ,bank's ,asian ,development ,fund by the ,secretary of the ,treasury1 #dg1cie1jjj1 to remain available until expended4 ,,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 stock1 #ed1fdh1geb1 to remain available until expended4 ,,limitation ,,on ,,callable ,,capital ,,subscriptions ,the ,united ,states ,governor of the ,african ,development ,bank 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 #hef1agd1fbd4 ,,contribution ,,to ,,the ,,african ,,development ,,fund ,for payment to the ,african ,development ,fund by the ,secretary of the ,treasury1 #aga1cjj1jjj1 to remain available until expended4 ,,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 #a1jbj1jjj1jjj3 ,provided1 ,that such authority is in addition to any other authority otherwise available in this ,act and under any other provision of law4 ,,contribution ,,to ,,the ,,international ,,fund ,,for ,,agricultural ,,development ,for payment to the ,international ,fund for ,agricultural ,development by the ,secretary of the ,treasury1 #cb1ejj1jjj1 to remain available until1 and to be fully disbursed not later than1 ,september #cj1 #bjbb1 for the third installment of the eleventh replenishment of the ,international ,fund for ,agricultural ,development3 ,provided1 ,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 disbursed3 ,provided further1 ,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 disbursed4 ,,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 #aigh 7#e ,u4,s4,c4 ,app471 #f1ejj1jjj1 of which up to #ige1jjj may remain available until ,september #cj1 #bjbb4 ,,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 corporation1 and in accordance with law1 and to make such contracts and commitments without regard to fiscal year limitations1 as provided by section #iajd of title #ca1 ,united ,states ,code1 as may be necessary in carrying out the program for the current fiscal year for such corporation3 ,provided1 ,that none of the funds available during the current fiscal year may be used to make expenditures1 contracts1 or commitments for the export of nuclear equipment1 fuel1 or technology to any country1 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 ,act1 that has detonated a nuclear explosive after the date of enactment of this ,act4 ,,administrative ,,expenses ,for administrative expenses to carry out the direct and guaranteed loan and insurance programs1 including hire of passenger motor vehicles and services as authorized by section #caji of title #e1 ,united ,states ,code1 and not to exceed #cj1jjj for official reception and representation expenses for members of the ,board of ,directors1 not to exceed #aaj1jjj1jjj1 of which up to #af1ejj1jjj may remain available until ,september #cj1 #bjbb3 ,provided1 ,that the ,export-,import ,bank 7the ,bank7 may accept1 and use1 payment or services provided by transaction participants for legal1 financial1 or technical services in connection with any transaction for which an application for a loan1 guarantee or insurance commitment has been made3 ,provided further1 ,that notwithstanding subsection 7b7 of section #aag of the ,export ,enhancement ,act of #aiib1 subsection 7a7 of such section shall remain in effect until ,september #cj1 #bjba3 ,provided further1 ,that the ,bank shall charge fees for necessary expenses 7including special services performed on a contract or fee basis1 but not including other personal services7 in connection with the collection of moneys owed the ,bank1 repossession or sale of pledged collateral or other assets acquired by the ,bank in satisfaction of moneys owed the ,bank1 or the investigation or appraisal of any property1 or the evaluation of the legal1 financial1 or technical aspects of any transaction for which an application for a loan1 guarantee or insurance commitment has been made1 or systems infrastructure directly supporting transactions3 ,provided further1 ,that in addition to other funds appropriated for administrative expenses1 such fees shall be credited to this account for such purposes1 to remain available until expended4 ,,receipts ,,collected ,receipts collected pursuant to the ,export-,import ,bank ,act of #aide 7,public ,law #gi-agc7 and the ,federal ,credit ,reform ,act of #aiij1 in an amount not to exceed the amount appropriated herein1 shall be credited as offsetting collections to this account3 ,provided1 ,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 #j4 ,united ,states international development finance corporation ,,inspector ,,general ,for necessary expenses of the ,office of ,inspector ,general in carrying out the provisions of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 #b1jjj1jjj1 to remain available until ,september #cj1 #bjbb4 ,,corporate ,,capital ,,account ,the ,united ,states ,international ,development ,finance ,corporation 7the ,corporation7 is authorized to make such expenditures and commitments within the limits of funds and borrowing authority available to the ,corporation1 and in accordance with the law1 and to make such expenditures and commitments without regard to fiscal year limitations1 as provided by section #iajd of title #ca1 ,united ,states ,code1 as may be necessary in carrying out the programs for the current fiscal year for the ,corporation3 ,provided1 ,that for necessary expenses of the activities described in subsections 7b71 7c71 7e71 7f71 and 7g7 of section #adba of the ,,build ,act of #bjah 7division ,f of ,public ,law #aae-bed7 and for administrative expenses to carry out authorized activities and project-specific transaction costs described in section #adcd7;d7 of such ,act1 #efi1jjj1jjj3 ,provided further1 ,that of the amount provided-- 7#a7 #aai1jjj1jjj shall remain available until ,september #cj1 #bjbc1 for administrative expenses to carry out authorized activities 7including an amount for official reception and representation expenses which shall not exceed #be1jjj7 and project-specific transaction costs as described in section #adcd7k7 of such ,act1 of which #a1jjj1jjj shall remain available until ,september #cj1 #bjbe2 7#b7 #dej1jjj1jjj shall remain available until ,september #cj1 #bjbc1 for the activities described in subsections 7b71 7c71 7e71 7f71 and 7g7 of section #adba of the ,,build ,act of #bjah1 except such amounts obligated in a fiscal year for activities described in section #adba7;c7 of such ,act shall remain available for disbursement for the term of the underlying project3 ,provided further1 ,that if the term of the project extends longer than #aj fiscal years1 the ,chief ,executive ,officer of the ,corporation shall inform the appropriate congressional committees prior to the obligation or disbursement of funds1 as applicable3 ,provided further1 ,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 7b71 7e71 7f71 and 7g7 of section #adba of the ,,build ,act of #bjah3 ,provided further1 ,that funds may only be obligated pursuant to section #adba7;g7 of the ,,build ,act of #bjah subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the ,committees on ,appropriations3 ,provided further1 ,that in fiscal year #bjba collections of amounts described in section #adcd7;h7 of the ,,build ,act of #bjah shall be credited as offsetting collections to this appropriation3 ,provided further1 ,that such collections collected in fiscal year #bjba in excess of #efi1jjj1jjj shall be credited to this account and shall be available in future fiscal years only to the extent provided in advance in appropriations ,acts3 ,provided further1 ,that in fiscal year #bjba1 if such collections are less than #efi1jjj1jjj1 receipts collected pursuant to the ,,build ,act of #bjah and the ,federal ,credit ,reform ,act of #aiij1 in an amount equal to such shortfall1 shall be credited as offsetting collections to this appropriation3 ,provided further1 ,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 otherwise prohibited by any other provision of law3 ,provided further1 ,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 #aia1jjj1jjj4 ,,program ,,account ,amounts paid from ,united ,states ,international ,development ,finance ,corporation--,corporate ,capital ,account 7,,cca7 shall remain available until ,september #cj1 #bjbc3 ,provided1 ,that up to #ejj1jjj1jjj of amounts paid to this account from ,,cca or transferred to this account pursuant to section #adcd7;j7 of the ,,build ,act of #bjah 7division ,f of ,public ,law #aae-bed7 shall be available for the costs of direct and guaranteed loans provided by the ,corporation pursuant to section #adba7;b7 of such ,act3 ,provided further1 ,that such costs1 including the cost of modifying such loans1 shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd3 ,provided further1 ,that such amounts obligated in a fiscal year shall remain available for disbursement for the following #h fiscal years3 ,provided further1 ,that funds transferred to carry out the ,foreign ,assistance ,act of #aifa pursuant to section #adcd7;j7 of the ,,build ,act of #bjah may remain available for obligation for #a additional fiscal year3 ,provided further1 ,that the total loan principal or guaranteed principal amount shall not exceed #h1jjj1jjj1jjj4 ,,trade ,,and ,,development ,,agency ,for necessary expenses to carry out the provisions of section #ffa of the ,foreign ,assistance ,act of #aifa1 #gi1ejj1jjj1 to remain available until ,september #cj1 #bjbb1 of which no more than #ai1jjj1jjj may be used for administrative expenses3 ,provided1 ,that of the funds appropriated under this heading1 not more than #e1jjj may be available for representation and entertainment expenses4 ,,vii ,,general ,,provisions ,,allowances ,,and ,,differentials #gjja4 ,funds appropriated under title ,i of this ,act shall be available1 except as otherwise provided1 for allowances and differentials as authorized by subchapter #ei of title #e1 ,united ,states ,code2 for services as authorized by section #caji of such title and for hire of passenger transportation pursuant to section #acdc7;b7 of title #ca1 ,united ,states ,code4 ,,unobligated ,,balances ,,report #gjjb4 ,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 obligated1 but unexpended1 balances by program1 project1 and activity1 and ,treasury ,account ,fund ,symbol of all funds received by such department or agency in fiscal year #bjba or any previous fiscal year1 disaggregated by fiscal year3 ,provided1 ,that the report required by this section shall be submitted not later than #cj 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-obligated4 ,,consulting ,,services #gjjc4 ,the expenditure of any appropriation under title ,i of this ,act for any consulting service through procurement contract1 pursuant to section #caji of title #e1 ,united ,states ,code1 shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection1 except where otherwise provided under existing law1 or under existing ,executive order issued pursuant to existing law4 ,,diplomatic ,,facilities #gjjd4 7a7 ,capital security cost sharing exception ,notwithstanding paragraph 7#b7 of section #fjd7;e7 of the ,secure ,embassy ,construction and ,counterterrorism ,act of #aiii 7title ,,vi of division ,a of ,h4,r4 #cdbg1 as enacted into law by section #ajjj7;a77#g7 of ,public ,law #ajf-aac and contained in appendix ,g of that ,act71 as amended by section #aaa of the ,department of ,state ,authorities ,act1 ,fiscal ,year #bjag 7,public ,law #aad-cbc71 a project to construct a facility of the ,united ,states may include office space or other accommodations for members of the ,united ,states ,marine ,corps4 7b7 ,new diplomatic facilities ,for the purposes of calculating the fiscal year #bjba costs of providing new ,united ,states diplomatic facilities in accordance with section #fjd7;e7 of the ,secure ,embassy ,construction and ,counterterrorism ,act of #aiii 7#bb ,u4,s4,c4 #dhfe note71 the ,secretary of ,state1 in consultation with the ,director of the ,office of ,management and ,budget1 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 purpose4 7c7 ,consultation and notification ,funds appropriated by this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs1 which may be made available for the acquisition of property or award of construction contracts for overseas ,united ,states diplomatic facilities during fiscal year #bjba1 shall be subject to prior consultation with1 and the regular notification procedures of1 the ,committees on ,appropriations3 ,provided1 ,that notifications pursuant to this subsection shall include the information enumerated under the heading ,embassy ,security1 ,construction1 and ,maintenance in ,house ,report #aaf-ddd4 7d7 ,interim and temporary facilities abroad 7#a7 ,security vulnerabilities ,funds appropriated by this ,act under the heading ,embassy ,security1 ,construction1 and ,maintenance may be made available1 following consultation with the appropriate congressional committees1 to address security vulnerabilities at interim and temporary ,united ,states diplomatic facilities abroad1 including physical security upgrades and local guard staffing1 except that the amount of funds made available for such purposes from this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs shall be a minimum of #be1jjj1jjj4 7#b7 ,consultation ,notwithstanding any other provision of law1 the opening1 closure1 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 ,appropriations1 except that such consultation and notification may be waived if there is a security risk to personnel4 7e7 ,soft targets ,of the funds appropriated by this ,act under the heading ,embassy ,security1 ,construction1 and ,maintenance1 not less than #aj1jjj1jjj shall be made available for security upgrades to soft targets1 including schools1 recreational facilities1 and residences used by ,united ,states diplomatic personnel and their dependents4 ,,personnel ,,actions #gjje4 ,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 agency3 ,provided1 ,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 ,act3 ,provided further1 ,that use of funds to carry out this section shall be treated as a reprogramming of funds under section #gjae of this ,act4 ,,prohibition ,,on ,,publicity ,,or ,,propaganda #gjjf4 ,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 ,congress3 ,provided1 ,that up to #be1jjj may be made available to carry out the provisions of section #caf of the ,international ,security and ,development ,cooperation ,act of #aihj 7,public ,law #if-ecc2 #bb ,u4,s4,c4 #baea;a note74 ,,prohibition ,,against ,,direct ,,funding ,,for ,,certain ,,countries #gjjg4 ,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 ,cuba1 ,north ,korea1 ,iran1 or ,syria3 ,provided1 ,that for purposes of this section1 the prohibition on obligations or expenditures shall include direct loans1 credits1 insurance1 and guarantees of the ,export-,import ,bank or its agents4 ,,coups ,d',,tat #gjjh4 ,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'tat or decree or1 after the date of enactment of this ,act1 a coup d'tat or decree in which the military plays a decisive role3 ,provided1 ,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 office3 ,provided further1 ,that the provisions of this section shall not apply to assistance to promote democratic elections or public participation in democratic processes3 ,provided further1 ,that funds made available pursuant to the previous provisos shall be subject to the regular notification procedures of the ,committees on ,appropriations4 ,,transfer ,,of ,,funds ,,authority #gjji4 7a7 ,department of state and united states agency for global media 7#a7 ,department of state 7,a7 ,in general ,not to exceed #e 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 between1 and merged with1 such appropriations1 but no such appropriation1 except as otherwise specifically provided1 shall be increased by more than #aj percent by any such transfers1 and no such transfer may be made to increase the appropriation under the heading ,representation ,expenses4 7,b7 ,embassy security ,funds appropriated under the headings ,diplomatic ,programs1 including for ,worldwide ,security ,protection1 ,embassy ,security1 ,construction1 and ,maintenance1 and ,emergencies in the ,diplomatic and ,consular ,service in this ,act may be transferred to1 and merged with1 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 ,board1 for emergency evacuations1 or to prevent or respond to security situations and requirements1 following consultation with1 and subject to the regular notification procedures of1 such ,committees3 ,provided1 ,that such transfer authority is in addition to any transfer authority otherwise available in this ,act and under any other provision of law4 7#b7 ,united states agency for global media ,not to exceed #e 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 between1 and merged with1 such appropriations1 but no such appropriation1 except as otherwise specifically provided1 shall be increased by more than #aj percent by any such transfers4 7#c7 ,treatment as reprogramming ,any transfer pursuant to this subsection shall be treated as a reprogramming of funds under section #gjae of this ,act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section4 7b7 ,limitation on transfers of funds between agencies 7#a7 ,in general ,none of the funds made available under titles ,,ii through ,v of this ,act may be transferred to any department1 agency1 or instrumentality of the ,united ,states ,government1 except pursuant to a transfer made by1 or transfer authority provided in1 this ,act or any other appropriations ,act4 7#b7 ,allocation and transfers ,notwithstanding paragraph 7#a71 in addition to transfers made by1 or authorized elsewhere in1 this ,act1 funds appropriated by this ,act to carry out the purposes of the ,foreign ,assistance ,act of #aifa may be allocated or transferred to agencies of the ,united ,states ,government pursuant to the provisions of sections #aji1 #faj1 and #fcb of the ,foreign ,assistance ,act of #aifa1 and section #adcd7;j7 of the ,,build ,act of #bjah 7division ,f of ,public ,law #aae-bed74 7#c7 ,notification ,any agreement entered into by the ,united ,states ,agency for ,international ,development or the ,department of ,state with any department1 agency1 or instrumentality of the ,united ,states ,government pursuant to section #fcb7;b7 of the ,foreign ,assistance ,act of #aifa valued in excess of #a1jjj1jjj and any agreement made pursuant to section #fcb7;a7 of such ,act1 with funds appropriated by this ,act or prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs under the headings ,global ,health ,programs1 ,development ,assistance1 ,economic ,support ,fund1 and ,assistance for ,europe1 ,eurasia and ,central ,asia shall be subject to the regular notification procedures of the ,committees on ,appropriations3 ,provided1 ,that the requirement in the previous sentence shall not apply to agreements entered into between ,,usaid and the ,department of ,state4 7c7 ,limitation on ,united states international development finance corporation ,amounts transferred pursuant to section #adcd7;j7 of the ,,build ,act of #bjah 7division ,f of ,public ,law #aae-bed7 may only be transferred from funds made available under title ,,iii of this ,act1 and such amounts shall not exceed #ej1jjj1jjj3 ,provided1 ,that any such transfers shall be subject to prior consultation with1 and the regular notification procedures of1 the ,committees on ,appropriations3 ,provided further1 ,that the ,secretary of ,state1 the ,administrator of the ,united ,states ,agency for ,international ,development1 and the ,chief ,executive ,officer of the ,united ,states ,international ,development ,finance ,corporation 7the ,corporation71 as appropriate1 shall ensure that the programs funded by such transfers are coordinated with1 and complement1 foreign assistance programs implemented by the ,department of ,state and ,,usaid3 ,provided further1 ,that no funds transferred pursuant to such authority may be used by the ,corporation to post personnel abroad or for activities described in section #adba7;c7 of the ,,build ,act of #bjah4 7d7 ,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 appropriated1 except for transfers specifically provided for in this ,act1 unless the ,president1 not less than #e days prior to the exercise of any authority contained in the ,foreign ,assistance ,act of #aifa to transfer funds1 consults with and provides a written policy justification to the ,committees on ,appropriations4 7e7 ,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 ,state1 foreign operations1 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 #fcb7;a7 of the ,foreign ,assistance ,act of #aifa1 or any comparable provision of law1 shall expressly provide that the ,inspector ,general 7,,ig7 for the agency receiving the transfer or allocation of such funds1 or other entity with audit responsibility if the receiving agency does not have an ,,ig1 shall perform periodic program and financial audits of the use of such funds and report to the ,department of ,state or ,,usaid1 as appropriate1 upon completion of such audits3 ,provided1 ,that such audits shall be transmitted to the ,committees on ,appropriations by the ,department of ,state or ,,usaid1 as appropriate3 ,provided further1 ,that funds transferred under such authority may be made available for the cost of such audits4 7f7 ,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 #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe may be transferred to1 and merged with1 such funds appropriated under such headings3 ,provided1 ,that such transfer authority may only be exercised to address contingencies3 ,provided further1 ,that such transfer authority is in addition to any transfer authority otherwise available under any other provision of law1 including section #faj of the ,foreign ,assistance ,act of #aifa3 ,provided further1 ,that such transfer authority shall be subject to prior consultation with1 and the regular notification procedures of1 the ,committees on ,appropriations4 ,,prohibition ,,and ,,limitation ,,on ,,certain ,,expenses #gjaj4 7a7 ,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 #cja-aj4abb through #cja-aj4abd of title #da1 ,code of ,federal ,regulations4 7b7 ,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 websites3 ,provided1 ,that nothing in this subsection shall limit the use of funds necessary for any ,federal1 ,state1 tribal1 or local law enforcement agency1 or any other entity carrying out the following activities3 criminal investigations1 prosecutions1 and adjudications2 administrative discipline2 and the monitoring of such websites undertaken as part of official business4 7c7 ,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 7including electronic nicotine delivery systems71 or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products 7including electronic nicotine delivery systems71 except for restrictions which are not applied equally to all tobacco or tobacco products 7including electronic nicotine delivery systems7 of the same type4 7d7 ,email servers outside the 4gov domain ,none of the funds appropriated by this ,act under the headings ,diplomatic ,programs and ,capital ,investment ,fund in title ,i1 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 4gov 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 #bjad 7,public ,law #aac-ahg74 7e7 ,representation and entertainment expenses ,each ,federal department1 agency1 or entity funded in titles ,i or ,,ii of this ,act1 and the ,department of the ,treasury and independent agencies funded in titles ,,iii or ,,vi of this ,act1 shall take steps to ensure that domestic and overseas representation and entertainment expenses further official agency business and ,united ,states foreign policy interests1 and-- 7#a7 are primarily for fostering relations outside of the ,executive ,branch2 7#b7 are principally for meals and events of a protocol nature2 7#c7 are not for employee-only events2 and 7#d7 do not include activities that are substantially of a recreational character4 7f7 ,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 ,programs1 ,development ,assistance1 ,economic ,support ,fund1 and ,assistance for ,europe1 ,eurasia and ,central ,asia may be obligated or expended to pay for-- 7#a7 alcoholic beverages2 or 7#b7 entertainment expenses for activities that are substantially of a recreational character1 including entrance fees at sporting events1 theatrical and musical productions1 and amusement parks4 ,,availability ,,of ,,funds #gjaa4 ,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 ,act3 ,provided1 ,that funds appropriated for the purposes of chapters #a and #h of part ,i1 section #ffa1 chapters #d1 #e1 #f1 #h1 and #i of part ,,ii of the ,foreign ,assistance ,act of #aifa1 section #bc of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgfc71 and funds made available for ,united ,states ,international ,development ,finance ,corporation and under the heading ,assistance for ,europe1 ,eurasia and ,central ,asia shall remain available for an additional #d years from the date on which the availability of such funds would otherwise have expired1 if such funds are initially obligated before the expiration of their respective periods of availability contained in this ,act3 ,provided further1 ,that notwithstanding any other provision of this ,act1 any funds made available for the purposes of chapter #a of part ,i and chapter #d of part ,,ii of the ,foreign ,assistance ,act of #aifa which are allocated or obligated for cash disbursements in order to address balance of payments or economic policy reform objectives1 shall remain available for an additional #d years from the date on which the availability of such funds would otherwise have expired1 if such funds are initially allocated or obligated before the expiration of their respective periods of availability contained in this ,act3 ,provided further1 ,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 #ca1 #bjba1 detailing by account and source year1 the use of this authority during the previous fiscal year4 ,,limitation ,,on ,,assistance ,,to ,,countries ,,in ,,default #gjab4 ,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 #a 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 determines1 following consultation with the ,committees on ,appropriations1 that assistance for such country is in the national interest of the ,united ,states4 ,,prohibition ,,on ,,taxation ,,of ,,united ,,states ,,assistance #gjac4 7a7 ,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 taxation1 or reimbursed1 by the foreign government1 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 agreements1 as necessary1 to conform with this requirement4 7b7 ,notification and reimbursement of foreign taxes ,an amount equivalent to #bjj percent of the total taxes assessed during fiscal year #bjba on funds appropriated by this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs by a foreign government or entity against ,united ,states assistance programs1 either directly or through grantees1 contractors1 and subcontractors1 shall be withheld from obligation from funds appropriated for assistance for fiscal year #bjbb and for prior fiscal years and allocated for the central government of such country or for the ,west ,bank and ,gaza program1 as applicable1 if1 not later than ,september #cj1 #bjbb1 such taxes have not been reimbursed3 ,provided1 ,that the ,secretary of ,state shall report to the ,committees on ,appropriations not later than #cj days after enactment of this ,act and then quarterly thereafter until ,september #cj1 #bjba1 on the foreign governments and entities that have not reimbursed such taxes1 including any amount of funds withheld pursuant to this subsection4 7c7 ,de minimis exception ,foreign taxes of a de minimis nature shall not be subject to the provisions of subsection 7b74 7d7 ,reprogramming of funds ,funds withheld from obligation for each foreign government or entity pursuant to subsection 7b7 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 taxes1 and that can reasonably accommodate such assistance in a programmatically responsible manner4 7e7 ,determinations 7#a7 ,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-- 7,a7 such foreign government or entity has an effective arrangement that is providing substantial reimbursement of such taxes2 or 7,b7 the foreign policy interests of the ,united ,states outweigh the purpose of this section to ensure that ,united ,states assistance is not subject to taxation4 7#b7 ,consultation ,the ,secretary of ,state shall consult with the ,committees on ,appropriations at least #ae days prior to exercising the authority of this subsection with regard to any foreign government or entity4 7f7 ,implementation ,the ,secretary of ,state shall issue and update rules1 regulations1 or policy guidance1 as appropriate1 to implement the prohibition against the taxation of assistance contained in this section4 7g7 ,definitions ,as used in this section3 7#a7 ,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 generally1 or an individual agreement between the ,government of the ,united ,states and such government that describes1 among other things1 the treatment for tax purposes that will be accorded the ,united ,states assistance provided under that agreement4 7#b7 ,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 staff4 ,,reservations ,,of ,,funds #gjad4 7a7 ,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 ,act3 ,provided1 ,that any such reprogramming shall be subject to the regular notification procedures of the ,committees on ,appropriations3 ,provided further1 ,that assistance that is reprogrammed pursuant to this subsection shall be made available under the same terms and conditions as originally provided4 7b7 ,extension of availability ,in addition to the authority contained in subsection 7a71 the original period of availability of 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 ,administrator1 as appropriate1 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 availability3 ,provided1 ,that such designated funds that continue to be available for an additional fiscal year shall be obligated only for the purpose of such designation4 7c7 ,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 directs3 ,provided1 ,that specifically designated funding levels or minimum funding requirements contained in any other ,act shall not be applicable to funds appropriated by this ,act4 ,,notification ,,requirements #gjae4 7a7 ,notification of changes in programs1 projects1 and activities ,none of the funds made available in titles ,i1 ,,ii1 and ,,vi1 and under the headings ,peace ,corps and ,millennium ,challenge ,corporation1 of this ,act or prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs to the departments and agencies funded by this ,act that remain available for obligation in fiscal year #bjba1 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 collections1 or made available by transfer1 to the departments and agencies funded by this ,act1 shall be available for obligation to-- 7#a7 create new programs2 7#b7 suspend or eliminate a program1 project1 or activity2 7#c7 close1 suspend1 open1 or reopen a mission or post2 7#d7 create1 close1 reorganize1 downsize1 or rename bureaus1 centers1 or offices2 or 7#e7 contract out or privatize any functions or activities presently performed by ,federal employees2 unless previously justified to the ,committees on ,appropriations or such ,committees are notified #ae days in advance of such obligation4 7b7 ,notification of reprogramming of funds ,none of the funds provided under titles ,i1 ,,ii1 and ,,vi of this ,act or prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs1 to the departments and agencies funded under such titles that remain available for obligation in fiscal year #bjba1 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 ,act1 shall be available for obligation or expenditure for programs1 projects1 or activities through a reprogramming of funds in excess of #a1jjj1jjj or #aj percent1 whichever is less1 that-- 7#a7 augments or changes existing programs1 projects1 or activities2 7#b7 relocates an existing office or employees2 7#c7 reduces by #aj percent funding for any existing program1 project1 or activity1 or numbers of personnel by #aj percent as approved by ,congress2 or 7#d7 results from any general savings1 including savings from a reduction in personnel1 which would result in a change in existing programs1 projects1 or activities as approved by ,congress2 unless the ,committees on ,appropriations are notified #ae days in advance of such reprogramming of funds4 7c7 ,notification requirement ,none of the funds made available by this ,act under the headings ,global ,health ,programs1 ,development ,assistance1 ,international ,organizations and ,programs1 ,trade and ,development ,agency1 ,international ,narcotics ,control and ,law ,enforcement1 ,economic ,support ,fund1 ,democracy ,fund1 ,assistance for ,europe1 ,eurasia and ,central ,asia1 ,peacekeeping ,operations1 ,nonproliferation1 ,anti-terrorism1 ,demining and ,related ,programs1 ,millennium ,challenge ,corporation1 ,foreign ,military ,financing ,program1 ,international ,military ,education and ,training1 ,united ,states ,international ,development ,finance ,corporation1 and ,peace ,corps1 shall be available for obligation for programs1 projects1 activities1 type of materiel assistance1 countries1 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 #ae days in advance of such obligation3 ,provided1 ,that the ,president shall not enter into any commitment of funds appropriated for the purposes of section #bc of the ,arms ,export ,control ,act for the provision of major defense equipment1 other than conventional ammunition1 or other major defense items defined to be aircraft1 ships1 missiles1 or combat vehicles1 not previously justified to ,congress or #bj percent in excess of the quantities justified to ,congress unless the ,committees on ,appropriations are notified #ae days in advance of such commitment3 ,provided further1 ,that requirements of this subsection or any similar provision of this or any other ,act shall not apply to any reprogramming for a program1 project1 or activity for which funds are appropriated under titles ,,iii through ,,vi of this ,act of less than #aj percent of the amount previously justified to ,congress for obligation for such program1 project1 or activity for the current fiscal year3 ,provided further1 ,that any notification submitted pursuant to subsection 7f7 of this section shall include information 7if known on the date of transmittal of such notification7 on the use of notwithstanding authority4 7d7 ,department of defense programs and funding notifications 7#a7 ,programs ,none of the funds appropriated by this ,act or prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs may be made available to support or continue any program initially funded under any authority of title #aj1 ,united ,states ,code1 or any ,act making or authorizing appropriations for the ,department of ,defense1 unless the ,secretary of ,state1 in consultation with the ,secretary of ,defense and in accordance with the regular notification procedures of the ,committees on ,appropriations1 submits a justification to such ,committees that includes a description of1 and the estimated costs associated with1 the support or continuation of such program4 7#b7 ,funding ,notwithstanding any other provision of law1 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 ,appropriations4 7#c7 ,notification on excess defense articles ,prior to providing excess ,department of ,defense articles in accordance with section #eaf7;a7 of the ,foreign ,assistance ,act of #aifa1 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 7f7 of that section3 ,provided1 ,that before issuing a letter of offer to sell excess defense articles under the ,arms ,export ,control ,act1 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 7as defined in section #dg7i7 of the ,arms ,export ,control ,act7 or are valued 7in terms of original acquisition cost7 at #g1jjj1jjj or more1 or if notification is required elsewhere in this ,act for the use of appropriated funds for specific countries that would receive such excess defense articles3 ,provided further1 ,that such ,committees shall also be informed of the original acquisition cost of such defense articles4 7e7 ,waiver ,the requirements of this section or any similar provision of this ,act or any other ,act1 including any prior ,act requiring notification in accordance with the regular notification procedures of the ,committees on ,appropriations1 may be waived if failure to do so would pose a substantial risk to human health or welfare3 ,provided1 ,that in case of any such waiver1 notification to the ,committees on ,appropriations shall be provided as early as practicable1 but in no event later than #c days after taking the action to which such notification requirement was applicable1 in the context of the circumstances necessitating such waiver3 ,provided further1 ,that any notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances4 7f7 ,country notification requirements ,none of the funds appropriated under titles ,,iii through ,,vi of this ,act may be obligated or expended for assistance for ,afghanistan1 ,bahrain1 ,burma1 ,cambodia1 ,colombia1 ,cuba1 ,egypt1 ,el ,salvador1 ,ethiopia1 ,greenland1 ,guatemala1 ,haiti1 ,honduras1 ,iran1 ,iraq1 ,lebanon1 ,libya1 ,mexico1 ,nicaragua1 ,pakistan1 ,philippines1 the ,russian ,federation1 ,somalia1 ,south ,sudan1 ,sri ,lanka1 ,sudan1 ,syria1 ,uzbekistan1 ,venezuela1 ,yemen1 and ,zimbabwe except as provided through the regular notification procedures of the ,committees on ,appropriations4 7g7 ,trust funds ,funds appropriated or otherwise made available in title ,,iii of this ,act and prior ,acts making funds available for the ,department of ,state1 foreign operations1 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 #aaf-ddd4 7h7 ,other program notification requirement 7#a7 ,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 with1 and the regular notification procedures of1 the ,committees on ,appropriations4 7#b7 ,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 ,appropriations3 7,a7 the ,global ,engagement ,center1 except that the ,secretary of ,state shall consult with the ,committees on ,appropriations prior to submitting such notification2 7,b7 the ,power ,africa and ,prosper ,africa initiatives2 7,c7 community-based police assistance conducted pursuant to the authority of section #gjce7;a77#a7 of this ,act2 7,d7 the ,prevention and ,stabilization ,fund and the ,multi-,donor ,global ,fragility ,fund2 7,e7 the ,indo-,pacific ,strategy2 7,f7 the ,global ,security ,contingency ,fund2 7,g7 the ,countering ,chinese ,influence ,fund and the ,countering ,russian ,influence ,fund2 7,h7 the ,program to ,end ,modern ,slavery2 and 7,i7 the ,women's ,global ,development and ,prosperity ,fund4 7#c7 ,democracy program policy and procedures ,modifications to democracy program policy and procedures1 including relating to the use of consortia1 by the ,department of ,state and ,,usaid shall be subject to prior consultation with1 and the regular notification procedures of1 the ,committees on ,appropriations4 7#d7 ,arms sales ,the reports1 notifications1 and certifications1 and any other documents1 required to be submitted pursuant to section #cf7;a7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggf71 and such documents submitted pursuant to section #cf7;b7 through 7d7 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 ,state1 foreign operations1 and related programs1 shall be concurrently submitted to the ,committees on ,appropriations and shall include information about the source of funds for any sale or transfer1 as applicable1 if known at the time of submission4 7i7 ,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 shall1 if reprogrammed1 be subject to the regular notification procedures of the ,committees on ,appropriations4 7j7 ,foreign assistance and global health security reviews ,funds appropriated by this ,act that are made available to make programmatic1 funding1 and organizational changes resulting from implementation of any foreign assistance review or realignment shall be subject to prior consultation with1 and the regular notification procedures of1 the ,committees on ,appropriations3 ,provided1 ,that such notifications may be submitted in classified form1 if necessary3 ,provided further1 ,that the consultation requirement of this subsection shall apply to global health security programs1 to include the ,global ,health ,security ,agenda and emergency health responses4 7k7 ,prior consultation requirement ,the ,secretary of ,state1 the ,administrator of the ,united ,states ,agency for ,international ,development1 the ,chief ,executive ,officer of the ,united ,states ,international ,development ,finance ,corporation1 and the ,chief ,executive ,officer of the ,millennium ,challenge ,corporation shall consult with the ,committees on ,appropriations at least #g days prior to informing a government of1 or publically announcing a decision on1 the suspension or early termination of assistance to a country or a territory1 including as a result of an interagency review of such assistance1 from funds appropriated by this ,act or prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs3 ,provided1 ,that such consultation shall include a detailed justification for such suspension1 including a description of the assistance being suspended4 7l7 ,report on funds received from foreign governments ,the ,secretary of ,state and the ,,usaid ,administrator1 as appropriate1 shall report to the ,committees on ,appropriations on a quarterly basis until ,september #cj1 #bjba1 on funds received from foreign governments pursuant to sections #fjg and #fce7;d7 of the ,foreign ,assistance ,act of #aifa1 other than from countries that are ,north ,atlantic ,treaty ,organization 7,,nato7 or major non-,,nato allies designated pursuant to section #eag7;b7 of such ,act3 ,provided1 ,that such report shall include the requirements described under this heading in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act74 ,,document ,,requests1 ,,records ,,management1 ,,and ,,related ,,cybersecurity ,,protections #gjaf4 7a7 ,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 organization1 including any contractor1 which fails to provide upon timely request any document1 file1 or record necessary to the auditing requirements of the ,department of ,state and the ,united ,states ,agency for ,international ,development4 7b7 ,records management and related cybersecurity protections ,the ,secretary of ,state and ,,usaid ,administrator shall-- 7#a7 regularly review and update the policies1 directives1 and oversight necessary to comply with ,federal statutes1 regulations1 and presidential executive orders and memoranda concerning the preservation of all records made or received in the conduct of official business1 including record emails1 instant messaging1 and other online tools2 7#b7 use funds appropriated by this ,act under the headings ,diplomatic ,programs and ,capital ,investment ,fund in title ,i1 and ,operating ,expenses and ,capital ,investment ,fund in title ,,ii1 as appropriate1 to improve ,federal records management pursuant to the ,federal ,records ,act 7#dd ,u4,s4,c4 ,chapters #ba1 #bi1 #ca1 and #cc7 and other applicable ,federal records management statutes1 regulations1 or policies for the ,department of ,state and ,,usaid2 7#c7 direct departing employees1 including senior officials1 that all ,federal records generated by such employees belong to the ,federal ,government2 7#d7 substantially reduce1 compared to the previous fiscal year1 the response time for identifying and retrieving ,federal records1 including requests made pursuant to section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act72 and 7#e7 strengthen cybersecurity measures to mitigate vulnerabilities1 including those resulting from the use of personal email accounts or servers outside the 4gov domain1 improve the process to identify and remove inactive user accounts1 update and enforce guidance related to the control of national security information1 and implement the recommendations of the applicable reports of the cognizant ,office of ,inspector ,general4 ,,use ,,of ,,funds ,,in ,,contravention ,,of ,,this ,,act #gjag4 ,if the ,president makes a determination not to comply with any provision of this ,act on constitutional grounds1 the head of the relevant ,federal agency shall notify the ,committees on ,appropriations in writing within #e days of such determination1 the basis for such determination and any resulting changes to program or policy4 ,,prohibition ,,on ,,funding ,,for ,,abortions ,,and ,,involuntary ,,sterilization #gjah4 ,none of the funds made available to carry out part ,i of the ,foreign ,assistance ,act of #aifa1 as amended1 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 abortions4 ,none of the funds made available to carry out part ,i of the ,foreign ,assistance ,act of #aifa1 as amended1 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 sterilizations4 ,none of the funds made available to carry out part ,i of the ,foreign ,assistance ,act of #aifa1 as amended1 may be used to pay for any biomedical research which relates in whole or in part1 to methods of1 or the performance of1 abortions or involuntary sterilization as a means of family planning4 ,none of the funds made available to carry out part ,i of the ,foreign ,assistance ,act of #aifa1 as amended1 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 sterilizations4 ,,allocations ,,and ,,reports #gjai4 7a7 ,allocation tables ,subject to subsection 7b71 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 #d 7in the matter preceding division ,a of this consolidated ,act73 ,provided1 ,that such designated amounts for foreign countries and international organizations shall serve as the amounts for such countries and international organizations transmitted to ,congress in the report required by section #fec7;a7 of the ,foreign ,assistance ,act of #aifa1 and shall be made available for such foreign countries and international organizations notwithstanding the date of the transmission of such report4 7b7 ,authorized deviations below minimum levels ,unless otherwise provided for by this ,act1 the ,secretary of ,state and the ,administrator of the ,united ,states ,agency for ,international ,development1 as applicable1 may deviate by not more than #aj percent below the minimum amounts specifically designated in the respective tables in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act73 ,provided1 ,that deviations pursuant to this subsection shall be subject to prior consultation with the ,committees on ,appropriations4 7c7 ,limitation ,for specifically designated amounts that are included1 pursuant to subsection 7a71 in the report required by section #fec7;a7 of the ,foreign ,assistance ,act of #aifa1 deviations authorized by subsection 7b7 may only take place after submission of such report4 7d7 ,exceptions 7#a7 ,subsections 7a7 and 7b7 shall not apply to-- 7,a7 amounts designated for ,international ,military ,education and ,training in the respective tables included in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act72 7,b7 funds for which the initial period of availability has expired2 and 7,c7 amounts designated by this ,act as minimum funding requirements4 7#b7 ,the authority in subsection 7b7 to deviate below amounts designated in the respective tables included in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act7 shall not apply to the table included under the heading ,global ,health ,programs in such statement4 7#c7 ,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 #d 7in the matter preceding division ,a of this consolidated ,act71 subsection 7b7 shall be applied by substituting #e percent for #aj percent4 7e7 ,reports ,the ,secretary of ,state1 ,,usaid ,administrator1 and other designated officials1 as appropriate1 shall submit the reports required1 in the manner described1 in ,house ,report #aaf-ddd and the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act71 unless directed otherwise in such explanatory statement4 7f7 ,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 #d 7in the matter preceding division ,a of this consolidated ,act71 unless such headings are specifically designated as the source of funds4 ,,multi-,,year ,,pledges #gjbj4 ,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 #gjff of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjai 7division ,f of ,public ,law #aaf-f74 ,,prohibition ,,on ,,assistance ,,to ,,governments ,,supporting ,,international ,,terrorism #gjba4 7a7 ,lethal military equipment exports 7#a7 ,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 #aged7;c7 of the ,export ,reform ,control ,act of #bjah 7#ej ,u4,s4,c4 #dhac7;c773 ,provided1 ,that the prohibition under this section with respect to a foreign government shall terminate #ab months after that government ceases to provide such military equipment3 ,provided further1 ,that this section applies with respect to lethal military equipment provided under a contract entered into after ,october #a1 #aiig4 7#b7 ,determination ,assistance restricted by paragraph 7#a7 or any other similar provision of law1 may be furnished if the ,president determines that to do so is important to the national interest of the ,united ,states4 7#c7 ,report ,whenever the ,president makes a determination pursuant to paragraph 7#b71 the ,president shall submit to the ,committees on ,appropriations a report with respect to the furnishing of such assistance1 including a detailed explanation of the assistance to be provided1 the estimated dollar amount of such assistance1 and an explanation of how the assistance furthers ,united ,states national interest4 7b7 ,bilateral assistance 7#a7 ,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 ,state1 foreign operations1 and related programs1 shall not be made available to any foreign government which the ,president determines-- 7,a7 grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism2 7,b7 otherwise supports international terrorism2 or 7,c7 is controlled by an organization designated as a terrorist organization under section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi74 7#b7 ,waiver ,the ,president may waive the application of paragraph 7#a7 to a government if the ,president determines that national security or humanitarian reasons justify such waiver3 ,provided1 ,that the ,president shall publish each such waiver in the ,federal ,register and1 at least #ae days before the waiver takes effect1 shall notify the ,committees on ,appropriations of the waiver 7including the justification for the waiver7 in accordance with the regular notification procedures of the ,committees on ,appropriations4 ,,authorization ,,requirements #gjbb4 ,funds appropriated by this ,act1 except funds appropriated under the heading 8,trade and ,development ,agency01 may be obligated and expended notwithstanding section #aj of ,public ,law #ia-fgb 7#bb ,u4,s4,c4 #bdab71 section #ae of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bfhj71 section #cac of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aiid and #aiie 7#bb ,u4,s4,c4 #fbab71 and section #ejd7;a77#a7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjid7;a77#a774 ,,definition ,,of ,,program1 ,,project1 ,,and ,,activity #gjbc4 ,for the purpose of titles ,,ii through ,,vi of this ,act program1 project1 and activity shall be defined at the appropriations ,act account level and shall include all appropriations and authorizations ,acts funding directives1 ceilings1 and limitations with the exception that for the ,economic ,support ,fund1 ,assistance for ,europe1 ,eurasia and ,central ,asia1 and ,foreign ,military ,financing ,program accounts1 program1 project1 and activity shall also be considered to include country1 regional1 and central program level funding within each such account1 and for the development assistance accounts of the ,united ,states ,agency for ,international ,development1 program1 project1 and activity shall also be considered to include central1 country1 regional1 and program level funding1 either as-- 7#a7 justified to ,congress2 or 7#b7 allocated by the ,executive ,branch in accordance with the report required by section #fec7;a7 of the ,foreign ,assistance ,act of #aifa or as modified pursuant to section #gjai of this ,act4 ,,authorities ,,for ,,the ,,peace ,,corps1 ,,inter-,,american ,,foundation1 ,,and ,,united ,,states ,,african ,,development ,,foundation #gjbd4 ,unless expressly provided to the contrary1 provisions of this or any other ,act1 including provisions contained in prior ,acts authorizing or making appropriations for the ,department of ,state1 foreign operations1 and related programs1 shall not be construed to prohibit activities authorized by or conducted under the ,peace ,corps ,act1 the ,inter-,american ,foundation ,act1 or the ,african ,development ,foundation ,act3 ,provided1 ,that prior to conducting activities in a country for which assistance is prohibited1 the agency shall consult with the ,committees on ,appropriations and report to such ,committees within #ae days of taking such action4 ,,commerce1 ,,trade ,,and ,,surplus ,,commodities #gjbe4 7a7 ,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 or expended to finance any loan1 any assistance1 or any other financial commitments for establishing or expanding production of any commodity for export by any country other than the ,united ,states1 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 same1 similar1 or competing commodity3 ,provided1 ,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 same1 similar1 or competing commodity1 and the ,chairman of the ,board so notifies the ,committees on ,appropriations3 ,provided further1 ,that this subsection shall not prohibit-- 7#a7 activities in a country that is eligible for assistance from the ,international ,development ,association1 is not eligible for assistance from the ,international ,bank for ,reconstruction and ,development1 and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished2 or 7#b7 activities in a country the ,president determines is recovering from widespread conflict1 a humanitarian crisis1 or a complex emergency4 7b7 ,exports ,none of the funds appropriated by this or any other ,act to carry out chapter #a of part ,i of the ,foreign ,assistance ,act of #aifa shall be available for any testing or breeding feasibility study1 variety improvement or introduction1 consultancy1 publication1 conference1 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 ,states3 ,provided1 ,that this subsection shall not prohibit-- 7#a7 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 ,states2 7#b7 research activities intended primarily to benefit ,united ,states producers2 7#c7 activities in a country that is eligible for assistance from the ,international ,development ,association1 is not eligible for assistance from the ,international ,bank for ,reconstruction and ,development1 and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished2 or 7#d7 activities in a country the ,president determines is recovering from widespread conflict1 a humanitarian crisis1 or a complex emergency4 7c7 ,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 institutions1 using funds appropriated or otherwise made available by this ,act1 for the production or extraction of any commodity or mineral for export1 if it is in surplus on world markets and if the assistance will cause substantial injury to ,united ,states producers of the same1 similar1 or competing commodity4 ,,separate ,,accounts #gjbf4 7a7 ,separate accounts for local currencies 7#a7 ,agreements ,if assistance is furnished to the government of a foreign country under chapters #a and #aj of part ,i or chapter #d of part ,,ii of the ,foreign ,assistance ,act of #aifa under agreements which result in the generation of local currencies of that country1 the ,administrator of the ,united ,states ,agency for ,international ,development shall-- 7,a7 require that local currencies be deposited in a separate account established by that government2 7,b7 enter into an agreement with that government which sets forth-- 7i7 the amount of the local currencies to be generated2 and 7ii7 the terms and conditions under which the currencies so deposited may be utilized1 consistent with this section2 and 7,c7 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 account4 7#b7 ,uses of local currencies ,as may be agreed upon with the foreign government1 local currencies deposited in a separate account pursuant to subsection 7a71 or an equivalent amount of local currencies1 shall be used only-- 7,a7 to carry out chapter #a or #aj of part ,i or chapter #d of part ,,ii of the ,foreign ,assistance ,act of #aifa 7as the case may be71 for such purposes as-- 7i7 project and sector assistance activities2 or 7ii7 debt and deficit financing2 or 7,b7 for the administrative requirements of the ,united ,states ,government4 7#c7 ,programming accountability ,,usaid shall take all necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection 7a77#b77;,a7 from the separate account established pursuant to subsection 7a77#a7 are used for the purposes agreed upon pursuant to subsection 7a77#b74 7#d7 ,termination of assistance programs ,upon termination of assistance to a country under chapter #a or #aj of part ,i or chapter #d of part ,,ii of the ,foreign ,assistance ,act of #aifa 7as the case may be71 any unencumbered balances of funds which remain in a separate account established pursuant to subsection 7a7 shall be disposed of for such purposes as may be agreed to by the government of that country and the ,united ,states ,government4 7b7 ,separate accounts for cash transfers 7#a7 ,in general ,if assistance is made available to the government of a foreign country1 under chapter #a or #aj of part ,i or chapter #d of part ,,ii of the ,foreign ,assistance ,act of #aifa1 as cash transfer assistance or as nonproject sector assistance1 that country shall be required to maintain such funds in a separate account and not commingle with any other funds4 7#b7 ,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 assistance including provisions which are referenced in the ,joint ,explanatory ,statement of the ,committee of ,conference accompanying ,house ,joint ,resolution #fdh 7,house ,report ,no4 #ih-aaei74 7#c7 ,notification ,at least #ae days prior to obligating any such cash transfer or nonproject sector assistance1 the ,president shall submit a notification through the regular notification procedures of the ,committees on ,appropriations1 which shall include a detailed description of how the funds proposed to be made available will be used1 with a discussion of the ,united ,states interests that will be served by such assistance 7including1 as appropriate1 a description of the economic policy reforms that will be promoted by such assistance74 7#d7 ,exemption ,nonproject sector assistance funds may be exempt from the requirements of paragraph 7#a7 only through the regular notification procedures of the ,committees on ,appropriations4 ,,eligibility ,,for ,,assistance #gjbg4 7a7 ,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 #a1 #aj1 #aa1 and #ab of part ,i and chapter #d of part ,,ii of the ,foreign ,assistance ,act of #aifa and from funds appropriated under the heading ,assistance for ,europe1 ,eurasia and ,central ,asia3 ,provided1 ,that before using the authority of this subsection to furnish assistance in support of programs of nongovernmental organizations1 the ,president shall notify the ,committees on ,appropriations pursuant to the regular notification procedures1 including a description of the program to be assisted1 the assistance to be provided1 and the reasons for furnishing such assistance3 ,provided further1 ,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 ,act4 7b7 ,public law #dhj ,during fiscal year #bjba1 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 7,public ,law #hc-dhj2 #g ,u4,s4,c4 #agba et seq473 ,provided1 ,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 ,appropriations4 7c7 ,exception ,this section shall not apply-- 7#a7 with respect to section #fbj;,a of the ,foreign ,assistance ,act of #aifa or any comparable provision of law prohibiting assistance to countries that support international terrorism2 or 7#b7 with respect to section #aaf of the ,foreign ,assistance ,act of #aifa or any comparable provision of law prohibiting assistance to the government of a country that violates internationally recognized human rights4 ,,local ,,competition #gjbh4 7a7 ,requirements for exceptions to competition for 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-- 7#a7 prior to the determination to limit competition to local entities1 ,,usaid has-- 7,a7 assessed the level of local capacity to effectively implement1 manage1 and account for programs included in such competition2 and 7,b7 documented the written results of the assessment and decisions made2 and 7#b7 prior to making an award after limiting competition to local entities-- 7,a7 each successful local entity has been determined to be responsible in accordance with ,,usaid guidelines2 and 7,b7 effective monitoring and evaluation systems are in place to ensure that award funding is used for its intended purposes2 and 7#c7 no level of acceptable fraud is assumed4 7b7 ,extension of procurement authority ,section #gjgg of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjab 7division ,i of ,public ,law #aab-gd7 shall continue in effect during fiscal year #bjba4 ,,international ,,financial ,,institutions #gjbi4 7a7 ,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 policy1 including the strategic use of peer reviews and external experts1 to conduct independent1 in-depth evaluations of the effectiveness of at least #ce percent of all loans1 grants1 programs1 and significant analytical non-lending activities in advancing the institution's goals of reducing poverty and promoting equitable economic growth1 consistent with relevant safeguards1 to ensure that decisions to support such loans1 grants1 programs1 and activities are based on accurate data and objective analysis3 ,provided1 ,that not later than #de days after enactment of this ,act1 the ,secretary shall submit a report to the ,committees on ,appropriations on steps taken in fiscal year #bjbj by the ,united ,states executive directors and the international financial institutions consistent with this subsection compared to the previous fiscal year4 7b7 ,safeguards 7#a7 ,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 loan1 grant1 policy1 or strategy if such institution has adopted and is implementing any social or environmental safeguard relevant to such loan1 grant1 policy1 or strategy that provides less protection than ,world ,bank safeguards in effect on ,september #cj1 #bjae4 7#b7 ,accountability1 standards1 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-- 7,a7 provide for accountability and transparency1 including the collection1 verification1 and publication of beneficial ownership information related to extractive industries and on-site monitoring during the life of the project2 7,b7 will be developed and carried out in accordance with best practices regarding environmental conservation1 cultural protection1 and empowerment of local populations1 including free1 prior and informed consent of affected indigenous communities2 7,c7 do not provide incentives for1 or facilitate1 forced displacement or other violations of human rights2 and 7,d7 do not partner with or otherwise involve enterprises owned or controlled by the armed forces4 7c7 ,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 which1 together with whatever compensation such executive director receives from the ,united ,states1 is in excess of the rate provided for an individual occupying a position at level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 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 #ecaf of title #e1 ,united ,states ,code4 7d7 ,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 management1 as appropriate1 in connection with any loan1 grant1 policy1 or strategy of such institution in accordance with the requirements specified under this subsection in ,house ,report #aaf-ddd3 ,provided1 ,that prior to voting on any such loan1 grant1 policy1 or strategy the executive director shall consult with the ,assistant ,secretary for ,democracy1 ,human ,rights1 and ,labor1 ,department of ,state1 if the executive director has reason to believe that such loan1 grant1 policy1 or strategy could result in forced displacement or other violations of human rights4 7e7 ,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 loan1 grant1 and other financing agreements improvements in borrowing countries' financial management and judicial capacity to investigate1 prosecute1 and punish fraud and corruption4 7f7 ,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 collect1 verify1 and publish1 to the maximum extent practicable1 beneficial ownership information 7excluding proprietary information7 for any corporation or limited liability company1 other than a publicly listed company1 that receives funds from any such financial institution3 ,provided1 ,that not later than #de days after enactment of this ,act1 the ,secretary shall submit a report to the ,committees on ,appropriations on steps taken in fiscal year #bjbj by the ,united ,states executive directors and the international financial institutions consistent with this subsection compared to the previous fiscal year4 7g7 ,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 retaliation1 including-- 7#a7 protection against retaliation for internal and lawful public disclosure2 7#b7 legal burdens of proof2 7#c7 statutes of limitation for reporting retaliation2 7#d7 access to binding independent adjudicative bodies1 including shared cost and selection external arbitration2 and 7#e7 results that eliminate the effects of proven retaliation1 including provision for the restoration of prior employment4 ,,insecure ,,communications ,,networks #gjcj4 ,funds appropriated by this ,act shall be made available for programs1 including through the ,digital ,connectivity and ,cybersecurity ,partnership1 to-- 7#a7 advance the adoption of secure1 next-generation communications networks and services1 including #e;,g1 and cybersecurity policies1 in countries receiving assistance under this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs2 7#b7 counter the establishment of insecure communications networks and services1 including #e;,g1 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 origin2 and 7#c7 provide policy and technical training on deploying open1 interoperable1 reliable1 and secure networks to information communication technology professionals in countries receiving assistance under this ,act1 as appropriate3 ,provided1 ,that such funds may be used to support the participation of foreign military officials in programs designed to strengthen civilian cybersecurity capacity1 following consultation with the ,committees on ,appropriations4 ,,financial ,,management ,,and ,,budget ,,transparency #gjca4 7a7 ,limitation on direct government-to-,government assistance 7#a7 ,requirements ,funds appropriated by this ,act may be made available for direct government-to-government assistance only if the requirements included in section #gjca7;a77#a77;,a7 through 7,e7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjai 7division ,f of ,public ,law #aaf-f7 are fully met4 7#b7 ,consultation and notification ,in addition to the requirements in paragraph 7#a71 funds may only be made available for direct government-to-government assistance subject to prior consultation with1 and the regular notification procedures of1 the ,committees on ,appropriations3 ,provided1 ,that such notification shall contain an explanation of how the proposed activity meets the requirements of paragraph 7#a73 ,provided further1 ,that the requirements of this paragraph shall only apply to direct government-to-government assistance in excess of #aj1jjj1jjj and all funds available for cash transfer1 budget support1 and cash payments to individuals4 7#c7 ,suspension of assistance ,the ,administrator of the ,united ,states ,agency for ,international ,development or the ,secretary of ,state1 as appropriate1 shall suspend any direct government-to-government assistance if the ,administrator or the ,secretary has credible information of material misuse of such assistance1 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 assistance1 including a justification1 or that such misuse has been appropriately addressed4 7#d7 ,submission of information ,the ,secretary of ,state shall submit to the ,committees on ,appropriations1 concurrent with the fiscal year #bjbb congressional budget justification materials1 amounts planned for assistance described in paragraph 7#a7 by country1 proposed funding amount1 source of funds1 and type of assistance4 7#e7 ,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 institution4 7b7 ,national budget and contract transparency 7#a7 ,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 ,act1 as identified in the report required by section #gjca7;b7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjad 7division ,k of ,public ,law #aac-gf74 7#b7 ,determination and report ,for each government identified pursuant to paragraph 7#a71 the ,secretary of ,state1 not later than #ahj days after enactment of this ,act1 shall make or update any determination of significant progress or no significant progress in meeting the minimum requirements of fiscal transparency1 and make such determinations publicly available in an annual ,fiscal ,transparency ,report to be posted on the ,department of ,state website3 ,provided1 ,that such report shall include the elements included under this section in the explanatory statement described in section #d in the matter preceding division ,a of ,public ,law #aaf-id4 7#c7 ,assistance ,not less than #g1jjj1jjj 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 7#a7 to improve budget transparency and to support civil society organizations in such countries that promote budget transparency4 7c7 ,anti-,kleptocracy and human rights 7#a7 ,ineligibility 7,a7 ,officials of foreign governments and their immediate family members about whom the ,secretary of ,state has credible information have been involved1 directly or indirectly1 in significant corruption1 including corruption related to the extraction of natural resources1 or a gross violation of human rights1 including the wrongful detention of locally employed staff of a ,united ,states diplomatic mission or a ,united ,states citizen or national1 shall be ineligible for entry into the ,united ,states4 7,b7 ,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 visa4 7#b7 ,exception ,individuals shall not be ineligible for entry into the ,united ,states pursuant to paragraph 7#a7 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 ,agreement3 ,provided1 ,that nothing in paragraph 7#a7 shall be construed to derogate from ,united ,states ,government obligations under applicable international agreements4 7#c7 ,waiver ,the ,secretary may waive the application of paragraph 7#a7 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 sufficiently4 7#d7 ,report ,not later than #cj days after enactment of this ,act1 and every #ij days thereafter until ,september #cj1 #bjba1 the ,secretary of ,state shall submit a report1 including a classified annex if necessary1 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 #ab months pursuant to paragraph 7#a77;,a7 as well as the individuals who the ,secretary designated or identified pursuant to paragraph 7#a77;,b71 or who would be ineligible but for the application of paragraph 7#b71 a list of any waivers provided under paragraph 7#c71 and the justification for each waiver4 7#e7 ,posting of report ,any unclassified portion of the report required under paragraph 7#d7 shall be posted on the ,department of ,state website4 7#f7 ,clarification ,for purposes of paragraphs 7#a71 7#d71 and 7#e71 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 confidential4 7d7 ,extraction of natural resources 7#a7 ,assistance ,funds appropriated by this ,act shall be made available to promote and support transparency and accountability of expenditures and revenues related to the extraction of natural resources1 including by strengthening implementation and monitoring of the ,extractive ,industries ,transparency ,initiative1 implementing and enforcing section #hbjd of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7,public ,law #aaj-bdf2 #abb ,stat4 #bjeb7 and the amendments made by such section1 and to prevent the sale of conflict diamonds1 and provide technical assistance to promote independent audit mechanisms and support civil society participation in natural resource management4 7#b7 ,public disclosure and independent audits 7,a7 ,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 7including any loan1 credit1 grant1 or guarantee7 to any country for the extraction and export of a natural resource if the government of such country has in place laws1 regulations1 or procedures to prevent or limit the public disclosure of company payments as required by ,united ,states law1 and unless such government has adopted laws1 regulations1 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 #d in the matter preceding division ,a of ,public ,law #aaf-id4 7,b7 ,the requirements of subparagraph 7,a7 shall not apply to assistance for the purpose of building the capacity of such government to meet the requirements of such subparagraph4 7e7 ,foreign assistance website ,funds appropriated by this ,act under titles ,i and ,,ii1 and funds made available for any independent agency in title ,,iii1 as appropriate1 shall be made available to support the provision of additional information on ,united ,states ,government foreign assistance on the ,foreign,assistance4gov website3 ,provided1 ,that all ,federal agencies funded under this ,act shall provide such information on foreign assistance1 upon request and in a timely manner1 to the ,department of ,state and ,,usaid4 ,,democracy ,,programs #gjcb4 7a7 ,funding 7#a7 ,in general ,of the funds appropriated by this ,act under the headings ,development ,assistance1 ,economic ,support ,fund1 ,democracy ,fund1 ,assistance for ,europe1 ,eurasia and ,central ,asia1 and ,international ,narcotics ,control and ,law ,enforcement1 not less than #b1dag1jjj1jjj shall be made available for democracy programs4 7#b7 ,programs ,of the funds made available for democracy programs under the headings ,economic ,support ,fund and ,assistance for ,europe1 ,eurasia and ,central ,asia pursuant to paragraph 7#a71 not less than #ajb1jdj1jjj shall be made available to the ,bureau of ,democracy1 ,human ,rights1 and ,labor1 ,department of ,state1 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 #d 7in the matter preceding division ,a of this consolidated ,act74 7b7 ,authorities 7#a7 ,availability ,funds made available by this ,act for democracy programs pursuant to subsection 7a7 and under the heading ,national ,endowment for ,democracy may be made available notwithstanding any other provision of law1 and with regard to the ,national ,endowment for ,democracy 7,,ned71 any regulation4 7#b7 ,beneficiaries ,funds made available by this ,act for the ,,ned are made available pursuant to the authority of the ,national ,endowment for ,democracy ,act 7title ,v of ,public ,law #ih-afd71 including all decisions regarding the selection of beneficiaries4 7c7 ,definition of democracy programs ,for purposes of funds appropriated by this ,act1 the term democracy programs means programs that support good governance1 credible and competitive elections1 freedom of expression1 association1 assembly1 and religion1 human rights1 labor rights1 independent media1 and the rule of law1 and that otherwise strengthen the capacity of democratic political parties1 governments1 nongovernmental organizations and institutions1 and citizens to support the development of democratic states and institutions that are responsive and accountable to citizens4 7d7 ,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 law4 7e7 ,restriction on prior approval ,with respect to the provision of assistance for democracy programs in this ,act1 the organizations implementing such assistance1 the specific nature of that assistance1 and the participants in such programs shall not be subject to the prior approval by the government of any foreign country3 ,provided1 ,that the ,secretary of ,state1 in coordination with the ,administrator of the ,united ,states ,agency for ,international ,development1 shall report to the ,committees on ,appropriations1 not later than #abj days after enactment of this ,act1 detailing steps taken by the ,department of ,state and ,,usaid to comply with the requirements of this subsection4 7f7 ,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 programs4 7g7 ,informing the national endowment for democracy ,the ,assistant ,secretary for ,democracy1 ,human ,rights1 and ,labor1 ,department of ,state1 and the ,assistant ,administrator for ,democracy1 ,conflict1 and ,humanitarian ,assistance1 ,,usaid1 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 ,state1 foreign operations1 and related programs4 7h7 ,protection of civil society activists and journalists ,of the funds appropriated by this ,act under the headings ,economic ,support ,fund and ,democracy ,fund1 not less than #be1jjj1jjj shall be made available to support and protect civil society activists and journalists who have been threatened1 harassed1 or attacked1 including journalists affiliated with the ,united ,states ,agency for ,global ,media1 consistent with the action plan required under this section in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act71 and on the same terms and conditions of section #gjcb7;i7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjah 7division ,k of ,public ,law #aae-ada74 7i7 ,international freedom of expression 7#a7 ,operations ,funds appropriated by this ,act under the heading ,diplomatic ,programs shall be made available for the ,bureau of ,democracy1 ,human ,rights1 and ,labor1 ,department of ,state1 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 denied4 7#b7 ,assistance ,of the funds appropriated by this ,act under the heading ,economic ,support ,fund1 not less than #ae1jjj1jjj shall be made available for programs that promote and defend freedom of expression and the independence of the media abroad3 ,provided1 ,that such funds are in addition to funds otherwise made available by this ,act for such purposes1 and are intended to complement emergency and safety programs for civil society1 including journalists and media outlets at risk3 ,provided further1 ,that such funds shall be subject to prior consultation with1 and the regular notification procedures of1 the ,committees on ,appropriations4 ,,international ,,religious ,,freedom #gjcc4 7a7 ,international religious freedom office ,funds appropriated by this ,act under the heading ,diplomatic ,programs shall be made available for the ,office of ,international ,religious ,freedom1 ,department of ,state1 including for support staff1 at not less than the amounts specified for such office in the table under such heading in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act74 7b7 ,assistance ,funds appropriated by this ,act under the headings ,economic ,support ,fund1 ,democracy ,fund1 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 minorities3 ,provided1 ,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 ,freedom1 in consultation with other relevant ,united ,states ,government officials1 and shall be subject to prior consultation with the ,committees on ,appropriations4 7c7 ,authority ,funds appropriated by this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 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 ,syria4 7d7 ,designation of non-,state actors ,section #gjcc7;e7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjag 7division ,j of ,public ,law #aae-ca7 shall continue in effect during fiscal year #bjba4 ,,special ,,provisions #gjcd4 7a7 ,victims of war1 displaced children1 and displaced burmese ,funds appropriated in title ,,iii of this ,act that are made available for victims of war1 displaced children1 displaced ,burmese1 and to combat trafficking in persons and assist victims of such trafficking1 may be made available notwithstanding any other provision of law4 7b7 ,forensic assistance 7#a7 ,of the funds appropriated by this ,act under the heading ,economic ,support ,fund1 not less than #ae1ejj1jjj shall be made available for forensic anthropology assistance related to the exhumation and identification of victims of war crimes1 crimes against humanity1 and genocide1 including in ,central ,america1 which shall be administered by the ,assistant ,secretary for ,democracy1 ,human ,rights1 and ,labor1 ,department of ,state3 ,provided1 ,that such funds shall be in addition to funds made available by this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs for assistance for countries4 7#b7 ,of the funds appropriated by this ,act under the heading ,international ,narcotics ,control and ,law ,enforcement1 not less than #aj1jjj1jjj shall be made available for ,,dna forensic technology programs to combat human trafficking in ,central ,america and ,mexico4 7c7 ,atrocities prevention ,of the funds appropriated by this ,act under the headings ,economic ,support ,fund and ,international ,narcotics ,control and ,law ,enforcement1 not less than #e1jjj1jjj shall be made available for programs to prevent atrocities1 including to implement recommendations of the ,atrocities ,prevention ,board3 ,provided1 ,that funds made available pursuant to this subsection are in addition to amounts otherwise made available for such purposes3 ,provided further1 ,that such funds shall be subject to the regular notification procedures of the ,committees on ,appropriations4 7d7 ,world food programme ,funds managed by the ,bureau for ,humanitarian ,assistance1 ,united ,states ,agency for ,international ,development1 from this or any other ,act1 may be made available as a general contribution to the ,world ,food ,programme1 notwithstanding any other provision of law4 7e7 ,directives and authorities 7#a7 ,research and training ,funds appropriated by this ,act under the heading ,assistance for ,europe1 ,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 #aihc 7#bb ,u4,s4,c4 #deja et seq474 7#b7 ,genocide victims memorial sites ,funds appropriated by this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs under the headings ,economic ,support ,fund and ,assistance for ,europe1 ,eurasia and ,central ,asia may be made available as contributions to establish and maintain memorial sites of genocide1 subject to the regular notification procedures of the ,committees on ,appropriations4 7#c7 ,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 partnerships1 up to #ej1jjj1jjj may remain available until ,september #cj1 #bjbc3 ,provided1 ,that funds made available pursuant to this paragraph may only be made available following prior consultation with the appropriate congressional committees1 and the regular notification procedures of the ,committees on ,appropriations4 7#d7 ,additional authorities ,of the amounts made available by title ,i of this ,act under the heading ,diplomatic ,programs1 up to #ejj1jjj may be made available for grants pursuant to section #ejd of the ,foreign ,relations ,authorization ,act1 ,fiscal ,year #aigi 7#bb ,u4,s4,c4 #bfef;d71 including to facilitate collaboration with indigenous communities1 and up to #a1jjj1jjj may be made available for grants to carry out the activities of the ,cultural ,antiquities ,task ,force4 7#e7 ,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 #gjcd7;e77#d7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjai 7division ,f of ,public ,law #aaf-f73 ,provided1 ,that each individual award may not exceed #ajj1jjj3 ,provided further1 ,that no more than #ae such awards may be made during fiscal year #bjba4 7#f7 ,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 #aifa 7,public ,law #hg-bef2 #bb ,u4,s4,c4 #bdea et seq471 except through the formal rulemaking process pursuant to the ,administrative ,procedure ,act 7#e ,u4,s4,c4 #eea et seq47 and notwithstanding the exceptions to such rulemaking process in such ,act3 ,provided1 ,that funds made available for such purpose shall only be made available after consultation with1 and subject to the regular notification procedures of1 the ,committees on ,appropriations1 regarding how any proposed modification would affect the public diplomacy goals of1 and the estimated economic impact on1 the ,united ,states3 ,provided further1 ,that such consultation shall take place not later than #cj days prior to the publication in the ,federal ,register of any regulatory action modifying the ,exchange ,visitor ,program4 7f7 ,partner vetting ,prior to initiating a partner vetting program1 or making a significant change to the scope of an existing partner vetting program1 the ,secretary of ,state and ,,usaid ,administrator1 as appropriate1 shall consult with the ,committees on ,appropriations3 ,provided1 ,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 ,act1 unless the ,secretary of ,state or ,,usaid ,administrator1 as applicable1 informs the ,committees on ,appropriations on a case-by-case basis that a direct vetting option is not feasible for such program4 7g7 ,contingencies ,during fiscal year #bjba1 the ,president may use up to #abe1jjj1jjj under the authority of section #dea of the ,foreign ,assistance ,act of #aifa1 notwithstanding any other provision of law4 7h7 ,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 ,abductions1 done at the ,hague on ,october #be1 #aihj3 ,provided1 ,that the ,secretary shall report to the ,committees on ,appropriations within #ae days of withholding funds under this subsection4 7i7 ,transfer of funds for extraordinary protection ,the ,secretary of ,state may transfer to1 and merge with1 funds under the heading ,protection of ,foreign ,missions and ,officials unobligated balances of expired funds appropriated under the heading ,diplomatic ,programs for fiscal year #bjba1 except for funds designated for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 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 appropriated3 ,provided1 ,that not more than #ej1jjj1jjj may be transferred4 7j7 ,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 countries1 except sections #ejb;,b1 #fbj;,a1 and #fbj,m of the ,foreign ,assistance ,act of #aifa3 ,provided1 ,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 ,appropriations4 7k7 ,protections and remedies for employees of diplomatic missions and international organizations ,the terms and conditions of section #gjcd7k7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjbj 7division ,g of ,public ,law #aaf-id7 shall continue in effect during fiscal year #bjba4 7l7 ,extension of authorities 7#a7 ,passport fees ,section #a7;b77#b7 of the ,passport ,act of ,june #d1 #aibj 7#bb ,u4,s4,c4 #bad7;b77#b77 shall be applied by substituting ,september #cj1 #bjba for ,september #cj1 #bjaj4 7#b7 ,incentives for critical posts ,the authority contained in section #aaae7;d7 of the ,supplemental ,appropriations ,act1 #bjji 7,public ,law #aaa-cb7 shall remain in effect through ,september #cj1 #bjba4 7#c7 ,,usaid civil service annuitant waiver ,section #fbe7;j77#a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bche7;j77#a77 shall be applied by substituting ,september #cj1 #bjba for ,october #a1 #bjaj in subparagraph 7,b74 7#d7 ,overseas pay comparability and limitation 7,a7 ,subject to the limitation described in subparagraph 7,b71 the authority provided by section #aaac of the ,supplemental ,appropriations ,act1 #bjji 7,public ,law #aaa-cb7 shall remain in effect through ,september #cj1 #bjba4 7,b7 ,the authority described in subparagraph 7,a7 may not be used to pay an eligible member of the ,foreign ,service 7as defined in section #aaac7;b7 of the ,supplemental ,appropriations ,act1 #bjji 7,public ,law #aaa-cb77 a locality-based comparability payment 7stated as a percentage7 that exceeds two-thirds of the amount of the locality-based comparability payment 7stated as a percentage7 that would be payable to such member under section #ecjd of title #e1 ,united ,states ,code1 if such member's official duty station were in the ,district of ,columbia4 7#e7 ,categorical eligibility ,the ,foreign ,operations1 ,export ,financing1 and ,related ,programs ,appropriations ,act1 #aiij 7,public ,law #aja-afg7 is amended-- 7,a7 in section #eii;,d 7#h ,u4,s4,c4 #aaeg note7-- 7i7 in subsection 7b77#c71 by striking and #bjbj and inserting #bjbj1 and #bjba2 and 7ii7 in subsection 7e71 by striking #bjbj each place it appears and inserting #bjba2 and 7,b7 in section #eii;,e7b77#b7 7#h ,u4,s4,c4 #abee note71 by striking #bjbj and inserting #bjba4 7#f7 ,inspector general annuitant waiver ,the authorities provided in section #ajae7;b7 of the ,supplemental ,appropriations ,act1 #bjaj 7,public ,law #aaa-bab7 shall remain in effect through ,september #cj1 #bjba1 and may be used to facilitate the assignment of persons for oversight of programs in ,syria1 ,south ,sudan1 ,yemen1 ,somalia1 and ,venezuela4 7#g7 ,accountability review boards ,the authority provided by section #cja7;a77#c7 of the ,omnibus ,diplomatic ,security and ,antiterrorism ,act of #aihf 7#bb ,u4,s4,c4 #dhca7;a77#c77 shall remain in effect for facilities in ,afghanistan through ,september #cj1 #bjba1 except that the notification and reporting requirements contained in such section shall include the ,committees on ,appropriations4 7#h7 ,special inspector general for afghanistan reconstruction competitive status ,notwithstanding any other provision of law1 any employee of the ,special ,inspector ,general for ,afghanistan ,reconstruction 7,,sigar7 who completes at least #ab months of continuous service after enactment of this ,act or who is employed on the date on which ,,sigar terminates1 whichever occurs first1 shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications4 7#i7 ,transfer of balances ,section #gjha7;h7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjag 7division ,j of ,public ,law #aae-ca7 shall continue in effect during fiscal year #bjba4 7#aj7 ,department of state inspector general waiver authority ,the ,inspector ,general of the ,department of ,state may waive the provisions of subsections 7a7 through 7d7 of section #hbd of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djfd7 on a case-by-case basis for an annuitant reemployed by the ,inspector ,general on a temporary basis1 subject to the same constraints and in the same manner by which the ,secretary of ,state may exercise such waiver authority pursuant to subsection 7g7 of such section4 7#aa7 ,afghan allies ,section #fjb7;b77#c77;,f7 of the ,afghan ,allies ,protection ,act of #bjji 7#h ,u4,s4,c4 #aaja note7 is amended-- 7,a7 in the heading1 by striking #bjae through #bjbj and inserting #bjae through #bjba2 7,b7 in the matter preceding clause 7i71 in the first sentence1 by striking shall and all that follows through the period at the end1 and inserting shall not exceed #bf1ejj42 and 7,c7 in clauses 7i7 and 7ii71 by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjbb4 7m7 ,monitoring and evaluation 7#a7 ,beneficiary feedback ,funds appropriated by this ,act that are made available for monitoring and evaluation of assistance under the headings ,development ,assistance1 ,international ,disaster ,assistance1 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 assistance3 ,provided1 ,that the ,department of ,state and ,,usaid shall establish1 and post on their respective websites1 updated procedures for implementing partners that receive funds under such headings for regularly and systematically collecting and responding to such feedback1 including guidelines for the reporting on actions taken in response to the feedback received3 ,provided further1 ,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 assistance4 7#b7 ,ex-post evaluations ,of the funds appropriated by this ,act under titles ,,iii and ,,iv1 not less than #aj1jjj1jjj shall be made available for ex-post evaluations consistent with the requirements under this heading in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act74 7n7 ,,hiv_/,,aids working capital fund ,funds available in the ,,hiv_/,,aids ,working ,capital ,fund established pursuant to section #ebe7;b77#a7 of the ,foreign ,operations1 ,export ,financing1 and ,related ,programs ,appropriations ,act1 #bjje 7,public ,law #ajh-ddg7 may be made available for pharmaceuticals and other products for child survival1 malaria1 tuberculosis1 and emerging infectious diseases to the same extent as ,,hiv_/,,aids pharmaceuticals and other products1 subject to the terms and conditions in such section3 ,provided1 ,that the authority in section #ebe7;b77#e7 of the ,foreign ,operations1 ,export ,financing1 and ,related ,programs ,appropriation ,act1 #bjje 7,public ,law #ajh-ddg7 shall be exercised by the ,assistant ,administrator for ,global ,health1 ,,usaid1 with respect to funds deposited for such non-,,hiv_/,,aids pharmaceuticals and other products1 and shall be subject to the regular notification procedures of the ,committees on ,appropriations3 ,provided further1 ,that the ,secretary of ,state shall include in the congressional budget justification an accounting of budgetary resources1 disbursements1 balances1 and reimbursements related to such fund4 7o7 ,loans1 consultation1 and notification 7#a7 ,loan guarantees ,funds appropriated under the headings ,economic ,support ,fund and ,assistance for ,europe1 ,eurasia and ,central ,asia by this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs may be made available for the costs1 as defined in section #ejb of the ,congressional ,budget ,act of #aigd1 of loan guarantees for ,egypt1 ,jordan1 ,tunisia1 and ,ukraine1 which are authorized to be provided3 ,provided1 ,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 country4 7#b7 ,foreign military financing direct loans ,during fiscal year #bjba1 direct loans under section #bc of the ,arms ,export ,control ,act may be made available for ,jordan1 notwithstanding section #bc7;c77#a7 of the ,arms ,export ,control ,act1 gross obligations for the principal amounts of which shall not exceed #d1jjj1jjj1jjj3 ,provided1 ,that funds appropriated under the heading ,foreign ,military ,financing ,program in this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs may be made available for the costs1 as defined in section #ejb of the ,congressional ,budget ,act of #aigd1 of such loans3 ,provided further1 ,that such costs1 including the cost of modifying such loans1 shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd and may include the costs of selling1 reducing1 or cancelling any amounts owed to the ,united ,states or any agency of the ,united ,states3 ,provided further1 ,that the ,government of the ,united ,states may charge fees for such loans1 which shall be collected from borrowers in accordance with section #ejb7g7 of the ,congressional ,budget ,act of #aigd3 ,provided further1 ,that no funds made available to the ,north ,atlantic ,treaty ,organization 7,,nato7 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 loans3 ,provided further1 ,that such loans shall be repaid in not more than #ab years1 including a grace period of up to one year on repayment of principal3 ,provided further1 ,that notwithstanding section #bc7;c77#a7 of the ,arms ,export ,control ,act1 interest for such loans may be charged at a rate determined by the ,secretary of ,state1 except that such rate may not be less than the prevailing interest rate on marketable ,treasury securities of similar maturity3 ,provided further1 ,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 country4 7#c7 ,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 ,state1 foreign operations1 and related programs may be made available1 notwithstanding the third proviso under such heading1 for the costs of loan guarantees under section #bd of the ,arms ,export ,control ,act for ,jordan1 which are authorized to be provided3 ,provided1 ,that such funds are available to subsidize gross obligations for the principal amount of commercial loans1 and total loan principal1 any part of which is to be guaranteed1 not to exceed #d1jjj1jjj1jjj3 ,provided further1 ,that no loan guarantee with respect to any one borrower may exceed #hj percent of the loan principal3 ,provided further1 ,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 default3 ,provided further1 ,that repayment in ,united ,states dollars of any loan guaranteed under this paragraph shall be required within a period not to exceed #ab years after the loan agreement is signed3 ,provided further1 ,that the ,government of the ,united ,states may charge fees for such loan guarantees1 as may be determined1 notwithstanding section #bd of the ,arms ,export ,control ,act1 which shall be collected from borrowers or third parties on behalf of such borrowers in accordance with section #ejb7g7 of the ,congressional ,budget ,act of #aigd3 ,provided further1 ,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 country4 7#d7 ,designation requirement ,funds made available pursuant to paragraphs 7#a7 through 7#c7 from prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs that were previously designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe are designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of such ,act4 7#e7 ,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 ,appropriations4 7p7 ,local works 7#a7 ,funding ,of the funds appropriated by this ,act under the headings ,development ,assistance and ,economic ,support ,fund1 not less than #ee1jjj1jjj shall be made available for ,local ,works pursuant to section #gjhj of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjae 7division ,j of ,public ,law #aac-bce71 which may remain available until ,september #cj1 #bjbe4 7#b7 ,eligible entities ,for the purposes of section #gjhj of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjae 7division ,j of ,public ,law #aac-bce71 eligible entities shall be defined as small local1 international1 and ,united ,states-based nongovernmental organizations1 educational institutions1 and other small entities that have received less than a total of #e1jjj1jjj from ,,usaid over the previous #e fiscal years3 ,provided1 ,that departments or centers of such educational institutions may be considered individually in determining such eligibility4 7q7 ,definitions 7#a7 ,appropriate congressional committees ,unless otherwise defined in this ,act1 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 ,representatives4 7#b7 ,funds appropriated by this act and prior acts ,unless otherwise defined in this ,act1 for purposes of this ,act the term funds appropriated by this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs means funds that remain available for obligation1 and have not expired4 7#c7 ,international financial institutions ,in this ,act international financial institutions means the ,international ,bank for ,reconstruction and ,development1 the ,international ,development ,association1 the ,international ,finance ,corporation1 the ,inter-,american ,development ,bank1 the ,international ,monetary ,fund1 the ,international ,fund for ,agricultural ,development1 the ,asian ,development ,bank1 the ,asian ,development ,fund1 the ,inter-,american ,investment ,corporation1 the ,north ,american ,development ,bank1 the ,european ,bank for ,reconstruction and ,development1 the ,african ,development ,bank1 the ,african ,development ,fund1 and the ,multilateral ,investment ,guarantee ,agency4 7#d7 ,spend plan ,in this ,act1 the term spend plan means a plan for the uses of funds appropriated for a particular entity1 country1 program1 purpose1 or account and which shall include1 at a minimum1 a description of-- 7,a7 realistic and sustainable goals1 criteria for measuring progress1 and a timeline for achieving such goals2 7,b7 amounts and sources of funds by account2 7,c7 how such funds will complement other ongoing or planned programs2 and 7,d7 implementing partners1 to the maximum extent practicable4 7#e7 ,successor operating unit ,any reference to a particular ,,usaid operating unit or office in this or prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs shall be deemed to include any successor operating unit or office performing the same or similar functions4 7#f7 ,,usaid ,in this ,act1 the term ,,usaid means the ,united ,states ,agency for ,international ,development4 7#g7 ,this act ,except as expressly provided otherwise1 any reference to this ,act contained in titles ,i through ,,vii shall be treated as referring only to the provisions of such titles4 ,,law ,,enforcement ,,and ,,security #gjce4 7a7 ,assistance 7#a7 ,community-based police assistance ,funds made available under titles ,,iii and ,,iv of this ,act to carry out the provisions of chapter #a of part ,i and chapters #d and #f of part ,,ii of the ,foreign ,assistance ,act of #aifa1 may be used1 notwithstanding section #ffj of that ,act1 to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights1 the rule of law1 anti-corruption1 strategic planning1 and through assistance to foster civilian police roles that support democratic governance1 including assistance for programs to prevent conflict1 respond to disasters1 address gender-based violence1 and foster improved police relations with the communities they serve4 7#b7 ,counterterrorism partnerships fund ,funds appropriated by this ,act under the heading ,nonproliferation1 ,anti-terrorism1 ,demining and ,related ,programs shall be made available for the ,counterterrorism ,partnerships ,fund for programs in areas liberated from1 under the influence of1 or adversely affected by1 the ,islamic ,state of ,iraq and ,syria or other terrorist organizations3 ,provided1 ,that such areas shall include the ,kurdistan ,region of ,iraq3 ,provided further1 ,that prior to the obligation of funds made available pursuant to this paragraph1 the ,secretary of ,state shall take all practicable steps to ensure that mechanisms are in place for monitoring1 oversight1 and control of such funds3 ,provided further1 ,that funds made available pursuant to this paragraph shall be subject to prior consultation with1 and the regular notification procedures of1 the ,committees on ,appropriations4 7#c7 ,combat casualty care 7,a7 ,consistent with the objectives of the ,foreign ,assistance ,act of #aifa and the ,arms ,export ,control ,act1 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 years4 7,b7 ,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 ,program3 ,provided1 ,that the requirement of this subparagraph shall apply to a country in conflict1 unless the ,secretary determines that such country has in place1 to the maximum extent practicable1 functioning combat casualty care treatment and equipment that meets or exceeds the standards recommended by the ,committee on ,tactical ,combat ,casualty ,care3 ,provided further1 ,that any such training and equipment for combat casualty care shall be made available through an open and competitive process4 7#d7 ,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 ,program3 ,provided1 ,that the requirement of this paragraph shall not apply to a country that is a member of the ,north ,atlantic ,treaty ,organization 7,,nato71 is a major non-,,nato ally designated by section #eag7;b7 of the ,foreign ,assistance ,act of #aifa1 or is complying with international humanitarian law3 ,provided further1 ,that any such training shall be made available through an open and competitive process4 7#e7 ,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 #aaf-abf1 following consultation with the ,committees on ,appropriations3 ,provided1 ,that funds made available pursuant to this paragraph shall be made available through an open and competitive process4 7#f7 ,global security contingency fund ,notwithstanding any other provision of this ,act1 up to #g1ejj1jjj from funds appropriated by this ,act under the headings ,peacekeeping ,operations and ,foreign ,military ,financing ,program may be transferred to1 and merged with1 funds previously made available under the heading ,global ,security ,contingency ,fund1 subject to the regular notification procedures of the ,committees on ,appropriations4 7#g7 ,international prison conditions ,of the funds appropriated by this ,act under the headings ,development ,assistance1 ,economic ,support ,fund1 and ,international ,narcotics ,control and ,law ,enforcement1 not less than #g1ejj1jjj shall be made available for assistance to eliminate inhumane conditions in foreign prisons and other detention facilities1 notwithstanding section #ffj of the ,foreign ,assistance ,act of #aifa3 ,provided1 ,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 #fj days after enactment of this ,act3 ,provided further1 ,that such funds shall be in addition to funds otherwise made available by this ,act for such purpose4 7b7 ,authorities 7#a7 ,reconstituting civilian police authority ,in providing assistance with funds appropriated by this ,act under section #ffj7;b77#f7 of the ,foreign ,assistance ,act of #aifa1 support for a nation emerging from instability may be deemed to mean support for regional1 district1 municipal1 or other sub-national entity emerging from instability1 as well as a nation emerging from instability4 7#b7 ,disarmament1 demobilization1 and reintegration ,section #gjcd7;d7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjae 7division ,j of ,public ,law #aac-bce7 shall continue in effect during fiscal year #bjba4 7#c7 ,extension of war reserves stockpile authority 7,a7 ,section #abjja7;d7 of the ,department of ,defense ,appropriations ,act1 #bjje 7,public ,law #ajh-bhg2 #aah ,stat4 #ajaa7 is amended by striking of this section and all that follows through the period at the end and inserting of this section after ,september #cj1 #bjbc44 7,b7 ,section #ead7;b77#b77;,a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcba;h7b77#b77;,a77 is amended by striking and #bjba and inserting #bjba1 #bjbb1 and #bjbc4 7#d7 ,commercial leasing of defense articles ,notwithstanding any other provision of law1 and subject to the regular notification procedures of the ,committees on ,appropriations1 the authority of section #bc7;a7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgfc7 may be used to provide financing to ,israel1 ,egypt1 the ,north ,atlantic ,treaty ,organization 7,,nato71 and major non-,,nato allies for the procurement by leasing 7including leasing with an option to purchase7 of defense articles from ,united ,states commercial suppliers1 not including ,major ,defense ,equipment 7other than helicopters and other types of aircraft having possible civilian application71 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 ,act4 7#e7 ,special defense acquisition fund ,not to exceed #ijj1jjj1jjj may be obligated pursuant to section #ea7;c77#b7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgie7;c77#b77 for the purposes of the ,special ,defense ,acquisition ,fund 7the ,fund71 to remain available for obligation until ,september #cj1 #bjbc3 ,provided1 ,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 ,state4 7#f7 ,public disclosure ,for the purposes of funds appropriated by this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs that are made available for assistance for units of foreign security forces1 the term to the maximum extent practicable in section #fbj,m7d77#g7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcgh;d7 means that the identity of such units shall be made publicly available unless the ,secretary of ,state1 on a case-by-case basis1 determines and reports to the appropriate congressional committees that non-disclosure is in the national security interest of the ,united ,states3 ,provided1 ,that any such determination shall include a detailed justification1 and may be submitted in classified form4 7#g7 ,duty to inform 7,a7 ,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 assistance1 the ,secretary of ,state shall regularly provide a list of units prohibited from receiving such assistance pursuant to section #fbj,m of the ,foreign ,assistance ,act of #aifa to the recipient government1 and such assistance shall be made available subject to a written agreement that the recipient government will comply with such prohibition3 ,provided1 ,that such requirement regarding a written agreement shall take effect not later than ,december #ca1 #bjba4 7,b7 ,implementation plan ,not later than #abj days after enactment of this ,act1 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 #ca1 #bjba3 ,provided1 ,that the ,secretary of ,state shall consult with the ,committees on ,appropriations prior to submitting such plan4 7c7 ,limitations 7#a7 ,child soldiers ,funds appropriated by this ,act should not be used to support any military training or operations that include child soldiers4 7#b7 ,landmines and cluster munitions 7,a7 ,landmines ,notwithstanding any other provision of law1 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 countries1 subject to such terms and conditions as the ,secretary of ,state may prescribe4 7,b7 ,cluster munitions ,no military assistance shall be furnished for cluster munitions1 no defense export license for cluster munitions may be issued1 and no cluster munitions or cluster munitions technology shall be sold or transferred1 unless-- 7i7 the submunitions of the cluster munitions1 after arming1 do not result in more than #a percent unexploded ordnance across the range of intended operational environments1 and the agreement applicable to the assistance1 transfer1 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 civilians2 or 7ii7 such assistance1 license1 sale1 or transfer is for the purpose of demilitarizing or permanently disposing of such cluster munitions4 7#c7 ,congressional budget justifications ,of the funds realized pursuant to section #ba7;e77#a77;,a7 of the ,arms ,export ,control ,act and made available for obligation for expenses incurred by the ,department of ,defense1 ,defense ,security ,cooperation ,agency 7,,dsca7 during fiscal year #bjba pursuant to section #dc7;b7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgib7;b771 #be1jjj1jjj shall be withheld from obligation until the ,,dsca1 jointly with the ,department of ,state1 submits to the ,committees on ,appropriations the congressional budget justification for funds requested under the heading ,foreign ,military ,financing ,program for fiscal years #bjba and #bjbb1 including the accompanying classified appendices4 7#d7 ,crowd control items ,funds appropriated by this ,act should not be used for tear gas1 small arms1 light weapons1 ammunition1 or other items for crowd control purposes for foreign security forces that use excessive force to repress peaceful expression1 association1 or assembly in countries that the ,secretary of ,state determines are undemocratic or are undergoing democratic transitions4 7d7 ,reports 7#a7 ,security assistance report ,not later than #abj days after enactment of this ,act1 the ,secretary of ,state shall submit to the ,committees on ,appropriations a report on funds obligated and expended during fiscal year #bjbj1 by country and purpose of assistance1 under the headings ,peacekeeping ,operations1 ,international ,military ,education and ,training1 and ,foreign ,military ,financing ,program4 7#b7 ,annual foreign military training report ,for the purposes of implementing section #fef of the ,foreign ,assistance ,act of #aifa1 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 ,state1 except for training provided by the government of a country designated by section #eag7;b7 of such ,act 7#bb ,u4,s4,c4 #bcbak7b77 as a major non-,north ,atlantic ,treaty ,organization ally3 ,provided1 ,that such third-country training shall be clearly identified in the report submitted pursuant to section #fef of such ,act4 ,,arab ,,league ,,boycott ,,of ,,israel #gjcf4 ,it is the sense of the ,congress that-- 7#a7 the ,arab ,league boycott of ,israel1 and the secondary boycott of ,american firms that have commercial ties with ,israel1 is an impediment to peace in the region and to ,united ,states investment and trade in the ,middle ,east and ,north ,africa2 7#b7 the ,arab ,league boycott1 which was regrettably reinstated in #aiig1 should be immediately and publicly terminated1 and the ,central ,office for the ,boycott of ,israel immediately disbanded2 7#c7 all ,arab ,league states should normalize relations with their neighbor ,israel2 7#d7 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 by1 for example1 taking into consideration the participation of any recipient country in the boycott when determining to sell weapons to said country2 and 7#e7 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 ,israel1 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 comply4 ,,palestinian ,,statehood #gjcg4 7a7 ,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-- 7#a7 the governing entity of a new ,palestinian state-- 7,a7 has demonstrated a firm commitment to peaceful co-existence with the ,state of ,israel2 and 7,b7 is taking appropriate measures to counter terrorism and terrorist financing in the ,west ,bank and ,gaza1 including the dismantling of terrorist infrastructures1 and is cooperating with appropriate ,israeli and other appropriate security organizations2 and 7#b7 the ,palestinian ,authority 7or the governing entity of a new ,palestinian state7 is working with other countries in the region to vigorously pursue efforts to establish a just1 lasting1 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 relationships1 which should include-- 7,a7 termination of all claims or states of belligerency2 7,b7 respect for and acknowledgment of the sovereignty1 territorial integrity1 and political independence of every state in the area through measures including the establishment of demilitarized zones2 7,c7 their right to live in peace within secure and recognized boundaries free from threats or acts of force2 7,d7 freedom of navigation through international waterways in the area2 and 7,e7 a framework for achieving a just settlement of the refugee problem4 7b7 ,sense of congress ,it is the sense of ,congress that the governing entity should enact a constitution assuring the rule of law1 an independent judiciary1 and respect for human rights for its citizens1 and should enact other laws and regulations assuring transparent and accountable governance4 7c7 ,waiver ,the ,president may waive subsection 7a7 if the ,president determines that it is important to the national security interest of the ,united ,states to do so4 7d7 ,exemption ,the restriction in subsection 7a7 shall not apply to assistance intended to help reform the ,palestinian ,authority and affiliated institutions1 or the governing entity1 in order to help meet the requirements of subsection 7a71 consistent with the provisions of section #gjdj of this ,act 7,limitation on ,assistance for the ,palestinian ,authority74 ,,prohibition ,,on ,,assistance ,,to ,,the ,,palestinian ,,broadcasting ,,corporation #gjch4 ,none of the funds appropriated or otherwise made available by this ,act may be used to provide equipment1 technical support1 consulting services1 or any other form of assistance to the ,palestinian ,broadcasting ,corporation4 ,,assistance ,,for ,,the ,,west ,,bank ,,and ,,gaza #gjci4 7a7 ,oversight ,for fiscal year #bjba1 #cj days prior to the initial obligation of funds for the bilateral ,west ,bank and ,gaza ,program1 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 ,gaza4 7b7 ,vetting ,prior to the obligation of funds appropriated by this ,act under the heading ,economic ,support ,fund for assistance for the ,west ,bank and ,gaza1 the ,secretary of ,state shall take all appropriate steps to ensure that such assistance is not provided to or through any individual1 private or government entity1 or educational institution that the ,secretary knows or has reason to believe advocates1 plans1 sponsors1 engages in1 or has engaged in1 terrorist activity nor1 with respect to private entities or educational institutions1 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 in1 or advocating terrorist activity or determined to be a member of a designated foreign terrorist organization3 ,provided1 ,that the ,secretary of ,state shall1 as appropriate1 establish procedures specifying the steps to be taken in carrying out this subsection and shall terminate assistance to any individual1 entity1 or educational institution which the ,secretary has determined to be involved in or advocating terrorist activity4 7c7 ,prohibition 7#a7 ,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-- 7,a7 the purpose of recognizing or otherwise honoring individuals who commit1 or have committed acts of terrorism2 and 7,b7 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 terrorism4 7#b7 ,security assistance and reporting requirement ,notwithstanding any other provision of law1 none of the funds made available by this or prior appropriations ,acts1 including funds made available by transfer1 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 benchmarks4 7d7 ,oversight by the united states agency for international development 7#a7 ,the ,administrator of the ,united ,states ,agency for ,international ,development shall ensure that ,federal or non-,federal audits of all contractors and grantees1 and significant subcontractors and sub-grantees1 under the ,west ,bank and ,gaza ,program1 are conducted at least on an annual basis to ensure1 among other things1 compliance with this section4 7#b7 ,of the funds appropriated by this ,act1 up to #a1jjj1jjj may be used by the ,office of ,inspector ,general of the ,united ,states ,agency for ,international ,development for audits1 investigations1 and other activities in furtherance of the requirements of this subsection3 ,provided1 ,that such funds are in addition to funds otherwise available for such purposes4 7e7 ,comptroller general of the united states audit ,subsequent to the certification specified in subsection 7a71 the ,comptroller ,general of the ,united ,states shall conduct an audit and an investigation of the treatment1 handling1 and uses of all funds for the bilateral ,west ,bank and ,gaza ,program1 including all funds provided as cash transfer assistance1 in fiscal year #bjba under the heading ,economic ,support ,fund1 and such audit shall address-- 7#a7 the extent to which such ,program complies with the requirements of subsections 7b7 and 7c72 and 7#b7 an examination of all programs1 projects1 and activities carried out under such ,program1 including both obligations and expenditures4 7f7 ,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 ,appropriations4 ,,limitation ,,on ,,assistance ,,for ,,the ,,palestinian ,,authority #gjdj4 7a7 ,prohibition of funds ,none of the funds appropriated by this ,act to carry out the provisions of chapter #d of part ,,ii of the ,foreign ,assistance ,act of #aifa may be obligated or expended with respect to providing funds to the ,palestinian ,authority4 7b7 ,waiver ,the prohibition included in subsection 7a7 shall not apply if the ,president certifies in writing to the ,speaker of the ,house of ,representatives1 the ,president pro tempore of the ,senate1 and the ,committees on ,appropriations that waiving such prohibition is important to the national security interest of the ,united ,states4 7c7 ,period of application of waiver ,any waiver pursuant to subsection 7b7 shall be effective for no more than a period of #f months at a time and shall not apply beyond #ab months after the enactment of this ,act4 7d7 ,report ,whenever the waiver authority pursuant to subsection 7b7 is exercised1 the ,president shall submit a report to the ,committees on ,appropriations detailing the justification for the waiver1 the purposes for which the funds will be spent1 and the accounting procedures in place to ensure that the funds are properly disbursed3 ,provided1 ,that the report shall also detail the steps the ,palestinian ,authority has taken to arrest terrorists1 confiscate weapons and dismantle the terrorist infrastructure4 7e7 ,certification ,if the ,president exercises the waiver authority under subsection 7b71 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 account1 no parallel financing mechanisms exist outside of the ,palestinian ,authority treasury account1 and there is a single comprehensive civil service roster and payroll1 and the ,palestinian ,authority is acting to counter incitement of violence against ,israelis and is supporting activities aimed at promoting peace1 coexistence1 and security cooperation with ,israel4 7f7 ,prohibition to hamas and the palestine liberation organization 7#a7 ,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 ,hamas1 any power-sharing government of which ,hamas is a member1 or that results from an agreement with ,hamas and over which ,hamas exercises undue influence4 7#b7 ,notwithstanding the limitation of paragraph 7#a71 assistance may be provided to a power-sharing government only if the ,president certifies and reports to the ,committees on ,appropriations that such government1 including all of its ministers or such equivalent1 has publicly accepted and is complying with the principles contained in section #fbj,k7b77#a7 7,a7 and 7,b7 of the ,foreign ,assistance ,act of #aifa1 as amended4 7#c7 ,the ,president may exercise the authority in section #fbj,k7e7 of the ,foreign ,assistance ,act of #aifa1 as added by the ,palestinian ,anti-,terrorism ,act of #bjjf 7,public ,law #aji-ddf7 with respect to this subsection4 7#d7 ,whenever the certification pursuant to paragraph 7#b7 is exercised1 the ,secretary of ,state shall submit a report to the ,committees on ,appropriations within #abj days of the certification and every quarter thereafter on whether such government1 including all of its ministers or such equivalent are continuing to comply with the principles contained in section #fbj,k7b77#a7 7,a7 and 7,b7 of the ,foreign ,assistance ,act of #aifa1 as amended3 ,provided1 ,that the report shall also detail the amount1 purposes and delivery mechanisms for any assistance provided pursuant to the abovementioned certification and a full accounting of any direct support of such government4 7#e7 ,none of the funds appropriated under titles ,,iii through ,,vi of this ,act may be obligated for assistance for the ,palestine ,liberation ,organization4 ,,middle ,,east ,,and ,,north ,,africa #gjda4 7a7 ,egypt 7#a7 ,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 ,egypt1 except for this subsection and section #fbj,m of the ,foreign ,assistance ,act of #aifa1 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-- 7,a7 sustaining the strategic relationship with the ,united ,states2 and 7,b7 meeting its obligations under the #aigi ,egypt-,israel ,peace ,treaty4 7#b7 ,economic support fund ,of the funds appropriated by this ,act under the heading ,economic ,support ,fund1 not less than #abe1jjj1jjj shall be made available for assistance for ,egypt1 of which #dj1jjj1jjj should be made available for higher education programs1 including not less than #ae1jjj1jjj 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 ,education1 or meets standards equivalent to those required for ,united ,states institutional accreditation by a regional accrediting agency recognized by such ,department3 ,provided1 ,that such funds shall be made available for democracy programs1 and for development programs in the ,sinai3 ,provided further1 ,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 reforms4 7#c7 ,foreign military financing program 7,a7 ,certification ,of the funds appropriated by this ,act under the heading ,foreign ,military ,financing ,program1 #a1cjj1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 should be made available for assistance for ,egypt3 ,provided1 ,that such funds may be transferred to an interest bearing account in the ,federal ,reserve ,bank of ,new ,york1 following consultation with the ,committees on ,appropriations1 and the uses of any interest earned on such funds shall be subject to the regular notification procedures of the ,committees on ,appropriations3 ,provided further1 ,that #bbe1jjj1jjj of such funds shall be withheld from obligation until the ,secretary of ,state certifies and reports to the ,committees on ,appropriations that the ,government of ,egypt is taking sustained and effective steps to-- 7i7 strengthen the rule of law1 democratic institutions1 and human rights in ,egypt1 including to protect religious minorities and the rights of women1 which are in addition to steps taken during the previous calendar year for such purposes2 7ii7 implement reforms that protect freedoms of expression1 association1 and peaceful assembly1 including the ability of civil society organizations1 human rights defenders1 and the media to function without interference2 7iii7 hold ,egyptian security forces accountable1 including officers credibly alleged to have violated human rights2 7iv7 investigate and prosecute cases of extrajudicial killings and forced disappearances2 and 7v7 provide regular access for ,united ,states officials to monitor such assistance in areas where the assistance is used3 ,provided further1 ,that the certification requirement of this paragraph shall not apply to funds appropriated by this ,act under such heading for counterterrorism1 border security1 and nonproliferation programs for ,egypt4 7,b7 ,waiver ,the ,secretary of ,state may waive the certification requirement in subparagraph 7,a7 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 ,states1 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 7,a7 cannot be met3 ,provided1 ,that the report required by this paragraph shall be submitted in unclassified form1 but may be accompanied by a classified annex4 7,c7 ,in addition to the funds withheld pursuant to subparagraph 7,a71 #ge1jjj1jjj 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 law4 7#d7 ,september #ac1 #bjae1 attack ,the ,secretary of ,state shall encourage good faith negotiations between the relevant parties regarding the ,september #ac1 #bjae1 attack against a tour group by the ,egyptian military during which ,american ,april ,corley was injured3 ,provided1 ,that in lieu of the reporting requirement under section #gjda7;a77#d7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjbj 7division ,g of ,public ,law #aaf-id71 the ,secretary of ,state shall report to the ,committees on ,appropriations on the status of such negotiations not later than #fj days after enactment of this ,act and every #ij days thereafter until ,september #cj1 #bjba4 7b7 ,iran 7#a7 ,funding ,funds appropriated by this ,act under the headings ,diplomatic ,programs1 ,economic ,support ,fund1 and ,nonproliferation1 ,anti-terrorism1 ,demining and ,related ,programs shall be made available for the programs and activities described under this section in ,house ,report #aaf-ddd4 7#b7 ,reports 7,a7 ,semi-annual report ,the ,secretary of ,state shall submit to the ,committees on ,appropriations the semi-annual report required by section #ace7;d77#d7 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bafj;e7d77#d771 as added by section #b of the ,iran ,nuclear ,agreement ,review ,act of #bjae 7,public ,law #aad-ag74 7,b7 ,sanctions report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,state1 in consultation with the ,secretary of the ,treasury1 shall submit to the appropriate congressional committees a report on-- 7i7 the status of ,united ,states bilateral sanctions on ,iran2 7ii7 the reimposition and renewed enforcement of secondary sanctions2 and 7iii7 the impact such sanctions have had on ,iran's destabilizing activities throughout the ,middle ,east4 7c7 ,iraq 7#a7 ,purposes ,funds appropriated under titles ,,iii and ,,iv of this ,act shall be made available for assistance for ,iraq for-- 7,a7 bilateral economic assistance and international security assistance1 including in the ,kurdistan ,region of ,iraq2 7,b7 stabilization assistance1 including in ,anbar ,province2 7,c7 justice sector strengthening2 7,d7 humanitarian assistance1 including in the ,kurdistan ,region of ,iraq2 and 7,e7 programs to protect and assist religious and ethnic minority populations in ,iraq1 including as described under this section in ,house ,report #aaf-ddd4 7#b7 ,united states consulate general basrah ,any change in the status of operations at ,united ,states ,consulate ,general ,basrah1 including the return of ,consulate property located adjacent to the ,basrah ,international ,airport to the ,government of ,iraq1 shall be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the ,committees on ,appropriations4 7#c7 ,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 ,iraq4 7d7 ,jordan ,of the funds appropriated by this ,act under titles ,,iii and ,,iv1 not less than #a1fej1jjj1jjj shall be made available for assistance for ,jordan1 of which3 not less than #hde1ajj1jjj shall be made available for budget support for the ,government of ,jordan2 not less than #aj1jjj1jjj 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 in ,jordan2 and not less than #dbe1jjj1jjj shall be made available under the heading ,foreign ,military ,financing ,program4 7e7 ,lebanon 7#a7 ,assistance ,funds appropriated under titles ,,iii and ,,iv of this ,act shall be made available for assistance for ,lebanon3 ,provided1 ,that such funds made available under the heading ,economic ,support ,fund may be made available notwithstanding section #abbd of the ,foreign ,relations ,authorization ,act1 ,fiscal ,year #bjjc 7,public ,law #ajg-bbh2 #bb ,u4,s4,c4 #bcdf note74 7#b7 ,security assistance 7,a7 ,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 7,,isf7 and the ,lebanese ,armed ,forces 7,,laf7 to address security and stability requirements in areas affected by conflict in ,syria1 following consultation with the appropriate congressional committees4 7,b7 ,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-- 7i7 professionalize the ,,laf to mitigate internal and external threats from non-state actors1 including ,hizballah2 7ii7 strengthen border security and combat terrorism1 including training and equipping the ,,laf to secure the borders of ,lebanon and address security and stability requirements in areas affected by conflict in ,syria1 interdicting arms shipments1 and preventing the use of ,lebanon as a safe haven for terrorist groups2 and 7iii7 implement ,united ,nations ,security ,council ,resolution #agja3 ,provided1 ,that prior to obligating funds made available by this subparagraph for assistance for the ,,laf1 the ,secretary of ,state shall submit to the ,committees on ,appropriations a spend plan1 including actions to be taken to ensure equipment provided to the ,,laf is used only for the intended purposes1 except such plan may not be considered as meeting the notification requirements under section #gjae of this ,act or under section #fcd;,a of the ,foreign ,assistance ,act of #aifa1 and shall be submitted not later than ,june #a1 #bjba3 ,provided further1 ,that any notification submitted pursuant to such section shall include any funds specifically intended for lethal military equipment4 7#c7 ,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 organization1 as designated pursuant to section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi74 7f7 ,libya 7#a7 ,assistance ,funds appropriated under titles ,,iii and ,,iv of this ,act shall be made available for stabilization assistance for ,libya1 including support for a ,united ,nations-facilitated political process and border security3 ,provided1 ,that the limitation on the uses of funds for certain infrastructure projects in section #gjda7;f77#b7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjad 7division ,k of ,public ,law #aac-gf7 shall apply to such funds4 7#b7 ,certification ,prior to the initial obligation of funds made available by this ,act for assistance for ,libya1 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 monitoring1 oversight1 and control of such funds4 7g7 ,morocco 7#a7 ,availability and consultation requirement ,funds appropriated under title ,,iii of this ,act shall be made available for assistance for the ,western ,sahara3 ,provided1 ,that not later than #ij days after enactment of this ,act and prior to the obligation of such funds1 the ,secretary of ,state1 in consultation with the ,administrator of the ,united ,states ,agency for ,international ,development1 shall consult with the ,committees on ,appropriations on the proposed uses of such funds4 7#b7 ,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 ,justification1 ,foreign ,operations1 ,fiscal ,year #bjag4 7h7 ,saudi arabia 7#a7 ,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 ,arabia4 7#b7 ,export-import bank ,none of the funds appropriated or otherwise made available by this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs should be obligated or expended by the ,export-,import ,bank of the ,united ,states to guarantee1 insure1 or extend 7or participate in the extension of7 credit in connection with the export of nuclear technology1 equipment1 fuel1 materials1 or other nuclear technology-related goods or services to ,saudi ,arabia unless the ,government of ,saudi ,arabia-- 7,a7 has in effect a nuclear cooperation agreement pursuant to section #abc of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #baec72 7,b7 has committed to renounce uranium enrichment and reprocessing on its territory under that agreement2 and 7,c7 has signed and implemented an ,additional ,protocol to its ,comprehensive ,safeguards ,agreement with the ,international ,atomic ,energy ,agency4 7i7 ,syria 7#a7 ,non-lethal assistance ,of the funds appropriated by this ,act under the headings ,economic ,support ,fund1 ,international ,narcotics ,control and ,law ,enforcement1 and ,peacekeeping ,operations1 not less than #dj1jjj1jjj shall be made available1 notwithstanding any other provision of law1 for non-lethal stabilization assistance for ,syria1 of which not less than #g1jjj1jjj shall be made available for emergency medical and rescue response and chemical weapons use investigations4 7#b7 ,limitations ,funds made available pursuant to paragraph 7#a7 of this subsection-- 7,a7 may not be made available for a project or activity that supports or otherwise legitimizes the ,government of ,iran1 foreign terrorist organizations 7as designated pursuant to section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi771 or a proxy of ,iran in ,syria2 7,b7 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 interests2 and 7,c7 should not be used in areas of ,syria controlled by a government led by ,bashar al-,assad or associated forces4 7#c7 ,monitoring and oversight ,prior to the obligation of any funds appropriated by this ,act and made available for assistance for ,syria1 the ,secretary of ,state shall take all practicable steps to ensure that mechanisms are in place for monitoring1 oversight1 and control of such assistance inside ,syria4 7#d7 ,consultation and notification ,funds made available pursuant to this subsection may only be made available following consultation with the appropriate congressional committees1 and shall be subject to the regular notification procedures of the ,committees on ,appropriations4 7j7 ,tunisia ,of the funds appropriated under titles ,,iii and ,,iv of this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs1 not less than #bda1djj1jjj shall be made available for assistance for ,tunisia4 7k7 ,west bank and gaza 7#a7 ,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 ,gaza1 the ,secretary of ,state shall report to the ,committees on ,appropriations that the purpose of such assistance is to-- 7,a7 advance ,middle ,east peace2 7,b7 improve security in the region2 7,c7 continue support for transparent and accountable government institutions2 7,d7 promote a private sector economy2 or 7,e7 address urgent humanitarian needs4 7#b7 ,limitations 7,a7 7i7 ,none of the funds appropriated under the heading ,economic ,support ,fund in this ,act may be made available for assistance for the ,palestinian ,authority1 if after the date of enactment of this ,act-- 7,i7 the ,palestinians obtain the same standing as member states or full membership as a state in the ,united ,nations or any specialized agency thereof outside an agreement negotiated between ,israel and the ,palestinians2 or 7,,ii7 the ,palestinians initiate an ,international ,criminal ,court 7,,icc7 judicially authorized investigation1 or actively support such an investigation1 that subjects ,israeli nationals to an investigation for alleged crimes against ,palestinians4 7ii7 ,the ,secretary of ,state may waive the restriction in clause 7i7 of this subparagraph resulting from the application of subclause 7,i7 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 ,states1 and submits a report to such ,committees detailing how the waiver and the continuation of assistance would assist in furthering ,middle ,east peace4 7,b7 7i7 ,the ,president may waive the provisions of section #ajjc of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aihh and #aihi 7,public ,law #ajj-bjd7 if the ,president determines and certifies in writing to the ,speaker of the ,house of ,representatives1 the ,president pro tempore of the ,senate1 and the appropriate congressional committees that the ,palestinians have not1 after the date of enactment of this ,act-- 7,i7 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 ,palestinians2 and 7,,ii7 initiated or actively supported an ,,icc investigation against ,israeli nationals for alleged crimes against ,palestinians4 7ii7 ,not less than #ij days after the ,president is unable to make the certification pursuant to clause 7i7 of this subparagraph1 the ,president may waive section #ajjc of ,public ,law #ajj-bjd if the ,president determines and certifies in writing to the ,speaker of the ,house of ,representatives1 the ,president pro tempore of the ,senate1 and the ,committees on ,appropriations that the ,palestinians have entered into direct and meaningful negotiations with ,israel3 ,provided1 ,that any waiver of the provisions of section #ajjc of ,public ,law #ajj-bjd under clause 7i7 of this subparagraph or under previous provisions of law must expire before the waiver under the preceding sentence may be exercised4 7iii7 ,any waiver pursuant to this subparagraph shall be effective for no more than a period of #f months at a time and shall not apply beyond #ab months after the enactment of this ,act4 7#c7 ,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 #ajjd7;a7 of the ,taylor ,force ,act 7title ,x of division ,s of ,public ,law #aae-ada74 7#d7 ,security report ,the reporting requirements in section #adjd of the ,supplemental ,appropriations ,act1 #bjjh 7,public ,law #aaj-beb7 shall apply to funds made available by this ,act1 including a description of modifications1 if any1 to the security strategy of the ,palestinian ,authority4 7#e7 ,incitement report ,not later than #ij days after enactment of this ,act1 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 ,israel4 7l7 ,yemen ,funds appropriated under title ,,iii and under the headings ,international ,narcotics ,control and ,law ,enforcement and ,nonproliferation1 ,anti-terrorism1 ,demining and ,related ,programs of this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs shall be made available for health1 humanitarian1 and stabilization assistance for ,yemen4 ,,africa #gjdb4 7a7 ,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 country1 including aiding and abetting armed groups4 7b7 ,cameroon ,funds appropriated under title ,,iv of this ,act that are made available for assistance for the armed forces of ,cameroon1 including the ,rapid ,intervention ,battalion1 may only be made available to counter regional terrorism1 including ,boko ,haram and other ,islamic ,state affiliates1 participate in international peacekeeping operations1 and for military education and maritime security programs4 7c7 ,central african republic ,of the funds appropriated by this ,act under the heading ,economic ,support ,fund1 not less than #c1jjj1jjj shall be made available for a contribution to the ,special ,criminal ,court in ,central ,african ,republic4 7d7 ,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 7,,lra7 or other illicit armed groups in ,eastern ,democratic ,republic of the ,congo and the ,central ,african ,republic1 including to improve physical access1 telecommunications infrastructure1 and early-warning mechanisms and to support the disarmament1 demobilization1 and reintegration of former ,,lra combatants1 especially child soldiers4 7e7 ,democratic republic of the congo ,of the funds appropriated under titles ,,iii and ,,iv of this ,act1 not less than #cbe1jjj1jjj shall be made available for assistance for the ,democratic ,republic of the ,congo 7,,drc7 for stabilization1 global health1 and bilateral economic assistance1 including in areas affected by1 and at risk from1 the ,ebola virus disease3 ,provided1 ,that such funds shall also be made available to support security1 stabilization1 development1 and democracy in ,eastern ,,drc3 ,provided further1 ,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 law1 except section #fbj,m of the ,foreign ,assistance ,act of #aifa4 7f7 ,lake chad basin countries ,funds appropriated under titles ,,iii and ,,iv of this ,act shall be made available for assistance for ,cameroon1 ,chad1 ,niger1 and ,nigeria for-- 7#a7 democracy1 development1 and health programs2 7#b7 assistance for individuals targeted by foreign terrorist and other extremist organizations1 including ,boko ,haram1 consistent with the provisions of section #gjei of this ,act2 7#c7 assistance for individuals displaced by violent conflict2 and 7#d7 counterterrorism programs4 7g7 ,malawi ,of the funds appropriated by this ,act under the heading ,development ,assistance1 not less than #fj1jjj1jjj shall be made available for assistance for ,malawi1 of which up to #aj1jjj1jjj shall be made available for higher education programs4 7h7 ,sahel stabilization and security ,funds appropriated under titles ,,iii and ,,iv of this ,act shall be made available for stabilization1 health1 development1 and security programs in the countries of the ,sahel region4 7i7 ,south sudan 7#a7 ,assistance ,of the funds appropriated under title ,,iii of this ,act that are made available for assistance for ,south ,sudan1 not less than #ae1jjj1jjj shall be made available for democracy programs and not less than #h1jjj1jjj shall be made available for conflict mitigation and reconciliation programs4 7#b7 ,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 available1 following consultation with the ,committees on ,appropriations1 for-- 7,a7 humanitarian assistance2 7,b7 health programs1 including to prevent1 detect1 and respond to infectious diseases2 7,c7 assistance to support ,south ,sudan peace negotiations or to advance or implement a peace agreement2 and 7,d7 assistance to support implementation of outstanding issues of the ,comprehensive ,peace ,agreement and mutual arrangements related to such agreement3 ,provided1 ,that prior to the initial obligation of funds made available pursuant to subparagraphs 7,c7 and 7,d71 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 agreement4 7j7 ,sudan 7#a7 ,assistance 7,a7 ,of the funds appropriated under title ,,iii of this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs1 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 #aihe1 not less than #fj1jjj1jjj shall be made available for assistance for ,sudan1 following consultation with the ,committees on ,appropriations3 ,provided1 ,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 #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe are designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of such ,act3 ,provided further1 ,that notwithstanding any other provision of law1 such funds may be made available for agriculture and economic growth programs1 and economic assistance for marginalized areas in ,sudan and ,abyei4 7,b7 ,none of the funds appropriated under title ,,iv of this ,act may be made available for assistance for the ,government of ,sudan1 except assistance to support implementation of outstanding issues of the ,comprehensive ,peace ,agreement1 mutual arrangements related to post-referendum issues associated with such ,agreement1 or any other viable peace agreement in ,sudan4 7#b7 ,extension of authorization ,section #eja7;i7 of title ,v of ,h4,r4 #cdbe of the #ajfth ,congress1 as enacted into law by section #ajjj7;a77#e7 of ,public ,law #ajf-aac 7#aac ,stat4 #aeja1 #aece-cf71 and set forth in ,appendix ,e thereof 7#aac ,stat4 #aeja;,a-#bhi1-cac71 as most recently amended by section #ijd7;b7 of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id1 #aac ,stat4 #becd1 #cjhf71 is further amended by striking #bjjj-bjba and inserting #bjjj-bjbe4 7#c7 ,consultation ,funds appropriated by this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs that are made available for any new program1 project1 or activity in ,sudan shall be subject to prior consultation with the appropriate congressional committees4 7k7 ,zimbabwe 7#a7 ,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 ,zimbabwe1 except to meet basic human needs or to promote democracy1 unless the ,secretary of ,state certifies and reports to the ,committees on ,appropriations that the rule of law has been restored1 including respect for ownership and title to property1 and freedoms of expression1 association1 and assembly4 7#b7 ,limitation ,none of the funds appropriated by this ,act shall be made available for assistance for the central ,government of ,zimbabwe1 except for health and education1 unless the ,secretary of ,state certifies and reports as required in paragraph 7#a74 ,,east ,,asia ,,and ,,the ,,pacific #gjdc4 7a7 ,burma 7#a7 ,bilateral economic assistance 7,a7 ,of the funds appropriated under title ,,iii and under the heading ,international ,narcotics ,control and ,law ,enforcement of this ,act1 not less than #acd1iej1jjj shall be made available for assistance for ,burma3 ,provided1 ,that such funds may be made available notwithstanding any other provision of law and following consultation with the appropriate congressional committees3 ,provided further1 ,that such funds shall be made available for programs to promote ethnic and religious tolerance and to combat gender-based violence1 including in ,kachin1 ,karen1 ,rakhine1 and ,shan states3 ,provided further1 ,that such funds shall be made available for programs to strengthen media and civil society organizations3 ,provided further1 ,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 peace1 which may include support to representatives of ethnic armed groups for this purpose4 7,b7 ,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 food1 medical1 and other humanitarian assistance to internally displaced persons in eastern ,burma1 in addition to assistance for ,burmese refugees from funds appropriated by this ,act under the heading ,migration and ,refugee ,assistance3 ,provided1 ,that such funds may be available for programs to support the return of ,kachin1 ,karen1 ,rohingya1 ,shan1 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 law4 7,c7 ,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 conferences1 committees1 and other procedures may only be made available if the ,secretary of ,state reports to the ,committees on ,appropriations that such conferences1 committees1 and procedures are directed toward a sustainable peace and the ,government of ,burma is implementing its commitments under such ,agreement4 7#b7 ,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 ,burma3 ,provided1 ,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 year1 and following consultation with the appropriate congressional committees4 7#c7 ,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 ,burma1 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 ,burma1 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 7,,ned7 for programs administered by ,,ned4 7#d7 ,consultation ,any new program or activity in ,burma initiated in fiscal year #bjba shall be subject to prior consultation with the appropriate congressional committees4 7b7 ,cambodia 7#a7 ,assistance ,of the funds appropriated under title ,,iii of this ,act1 not less than #he1eje1jjj shall be made available for assistance for ,cambodia4 7#b7 ,certification and exceptions 7,a7 ,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-- 7i7 strengthen regional security and stability1 particularly regarding territorial disputes in the ,south ,china ,sea and the enforcement of international sanctions with respect to ,north ,korea2 7ii7 assert its sovereignty against interference by the ,people's ,republic of ,china1 including by verifiably maintaining the neutrality of ,ream ,naval ,base1 other military installations in ,cambodia1 and dual use facilities such as the ,dara ,sakor development project2 7iii7 cease violence and harassment against civil society and the political opposition in ,cambodia1 and dismiss any politically motivated criminal charges against those who criticize the government2 and 7iv7 respect the rights1 freedoms1 and responsibilities enshrined in the ,constitution of the ,kingdom of ,cambodia as enacted in #aiic4 7,b7 ,exceptions ,the certification required by subparagraph 7,a7 shall not apply to funds appropriated by this ,act and made available for democracy1 health1 education1 and environment programs1 programs to strengthen the sovereignty of ,cambodia1 and programs to educate and inform the people of ,cambodia of the influence activities of the ,people's ,republic of ,china in ,cambodia4 7#c7 ,uses of funds ,funds appropriated under title ,,iii of this ,act for assistance for ,cambodia shall be made available for-- 7,a7 research and education programs associated with the ,khmer ,rouge in ,cambodia2 and 7,b7 programs in the ,khmer language to monitor1 map1 and publicize the efforts by the ,people's ,republic of ,china to expand its influence in ,cambodia4 7c7 ,indo-,pacific strategy and the asia reassurance initiative act of #bjah 7#a7 ,assistance ,of the funds appropriated under titles ,,iii and ,,iv of this ,act1 not less than #a1dhb1jjj1jjj shall be made available to support implementation of the ,indo-,pacific ,strategy and the ,asia ,reassurance ,initiative ,act of #bjah 7,public ,law #aae-dji74 7#b7 ,countering chinese influence fund ,of the funds appropriated by this ,act under the headings ,development ,assistance1 ,economic ,support ,fund1 ,international ,narcotics ,control and ,law ,enforcement1 ,nonproliferation1 ,anti-terrorism1 ,demining and ,related ,programs1 and ,foreign ,military ,financing ,program1 not less than #cjj1jjj1jjj 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 globally1 which shall be subject to prior consultation with the ,committees on ,appropriations3 ,provided1 ,that such funds are in addition to amounts otherwise made available for such purposes3 ,provided further1 ,that such funds appropriated under such headings may be transferred to1 and merged with1 funds appropriated under such headings3 ,provided further1 ,that such transfer authority is in addition to any other transfer authority provided by this ,act or any other ,act1 and is subject to the regular notification procedures of the ,committees on ,appropriations4 7#c7 ,restriction on uses of funds ,none of the funds appropriated by this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs may be made available for any project or activity that directly supports or promotes-- 7,a7 the ,belt and ,road ,initiative or any dual-use infrastructure projects of the ,people's ,republic of ,china2 and 7,b7 the use of technology1 including biotechnology1 digital1 telecommunications1 and cyber1 developed by the ,people's ,republic of ,china unless the ,secretary of ,state1 in consultation with the ,,usaid ,administrator and the heads of other ,federal agencies1 as appropriate1 determines that such use does not adversely impact the national security of the ,united ,states4 7d7 ,laos ,of the funds appropriated under titles ,,iii and ,,iv of this ,act1 not less than #hj1icj1jjj shall be made available for assistance for ,laos4 7e7 ,north korea 7#a7 ,cybersecurity ,none of the funds appropriated by this ,act or prior ,acts making appropriations for the ,department of ,state1 foreign operations1 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 ,korea3 ,provided1 ,that the ,secretary of ,state shall submit the report required by section #bji of the ,north ,korea ,sanctions and ,policy ,enhancement ,act of #bjaf 7,public ,law #aad-abb2 #bb ,u4,s4,c4 #ibbi7 to the ,committees on ,appropriations3 ,provided further1 ,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 ,states1 including a description of such interest served4 7#b7 ,broadcasts ,funds appropriated by this ,act under the heading ,international ,broadcasting ,operations shall be made available to maintain broadcasting hours into ,north ,korea at levels not less than the prior fiscal year4 7#c7 ,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 ,korea3 ,provided1 ,that the authority of section #gjcb7;b77#a7 of this ,act shall apply to such funds4 7#d7 ,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 ,korea4 7f7 ,people's republic of china 7#a7 ,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 7including commercial satellites and satellite components7 to the ,people's ,republic of ,china 7,,prc7 unless1 at least #ae days in advance1 the ,committees on ,appropriations are notified of such proposed action4 7#b7 ,people's liberation army ,the terms and requirements of section #fbj7;h7 of the ,foreign ,assistance ,act of #aifa shall apply to foreign assistance projects or activities of the ,people's ,liberation ,army 7,,pla7 of the ,,prc1 to include such projects or activities by any entity that is owned or controlled by1 or an affiliate of1 the ,,pla3 ,provided1 ,that none of the funds appropriated or otherwise made available pursuant to this ,act may be used to finance any grant1 contract1 or cooperative agreement with the ,,pla1 or any entity that the ,secretary of ,state has reason to believe is owned or controlled by1 or an affiliate of1 the ,,pla4 7#c7 ,hong kong 7,a7 ,democracy programs ,of the funds appropriated by this ,act under the first paragraph under the heading ,democracy ,fund1 not less than #c1jjj1jjj shall be made available for democracy and ,internet freedom programs for ,hong ,kong1 including legal and other support for democracy activists4 7,b7 ,restrictions on assistance ,none of the funds appropriated by this ,act or prior ,acts making appropriations for the ,department of ,state1 foreign operations1 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 ,kong4 7,c7 ,report ,funds appropriated under title ,i of this ,act shall be made available to prepare and submit to ,congress the report required by section #cja of the ,united ,states-,hong ,kong ,policy ,act of #aiib 7#bb ,u4,s4,c4 #egca71 which shall include the information described in section #gjdc7;f77#d77;,b7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjbj 7division ,g of ,public ,law #aaf-id7 and under this paragraph in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act74 7#d7 ,uyghurs and other muslim minorities ,the determination described under this heading in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act7 shall be submitted to the appropriate congressional committees not later than #ij days after enactment of this ,act4 7#e7 ,clarification ,funds appropriated by this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 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 ,subregion1 following consultation with the ,committees on ,appropriations4 7g7 ,philippines ,none of the funds appropriated by this ,act may be made available for counternarcotics assistance for the ,philippines1 except for drug demand reduction1 maritime law enforcement1 or transnational interdiction4 7h7 ,tibet 7#a7 ,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-,tibetans1 are based on a thorough needs-assessment1 foster self-sufficiency of the ,tibetan people and respect ,tibetan culture and traditions1 and are subject to effective monitoring4 7#b7 ,programs for tibetan communities 7,a7 ,notwithstanding any other provision of law1 of the funds appropriated by this ,act under the heading ,economic ,support ,fund1 not less than #h1jjj1jjj shall be made available to nongovernmental organizations to support activities which preserve cultural traditions and promote sustainable development1 education1 and environmental conservation in ,tibetan communities in the ,tibet ,autonomous ,region and in other ,tibetan communities in ,china4 7,b7 ,of the funds appropriated by this ,act under the heading ,economic ,support ,fund1 not less than #f1jjj1jjj shall be made available for programs to promote and preserve ,tibetan culture and language in the refugee and diaspora ,tibetan communities1 development1 and the resilience of ,tibetan communities and the ,central ,tibetan ,administration in ,india and ,nepal1 and to assist in the education and development of the next generation of ,tibetan leaders from such communities3 ,provided1 ,that such funds are in addition to amounts made available in subparagraph 7,a7 for programs inside ,tibet4 7,c7 ,of the funds appropriated by this ,act under the heading ,economic ,support ,fund1 not less than #c1jjj1jjj shall be made available for programs to strengthen the capacity of the ,central ,tibetan ,administration3 ,provided1 ,that such funds shall be administered by the ,united ,states ,agency for ,international ,development4 7i7 ,vietnam ,of the funds appropriated under titles ,,iii and ,,iv of this ,act1 not less than #afi1gci1jjj shall be made available for assistance for ,vietnam1 of which not less than-- 7#a7 #ad1ejj1jjj shall be made available for health and disability programs in areas sprayed with ,agent ,orange and contaminated with dioxin1 to assist individuals with severe upper or lower body mobility impairment or cognitive or developmental disabilities2 7#b7 #ai1jjj1jjj shall be made available1 notwithstanding any other provision of law1 for activities related to the remediation of dioxin contaminated sites in ,vietnam and may be made available for assistance for the ,government of ,vietnam1 including the military1 for such purposes2 and 7#c7 #b1ejj1jjj shall be made available for a war legacy reconciliation program4 ,,south ,,and ,,central ,,asia #gjdd4 7a7 ,afghanistan 7#a7 ,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-- 7,a7 shall be made available to implement the ,south ,asia ,strategy1 the ,revised ,strategy for ,united ,states ,engagement in ,afghanistan1 and the ,united ,states ,agency for ,international ,development ,country ,development ,cooperation ,strategy for ,afghanistan2 7,b7 shall be made available for programs that implement and support comprehensive strategies to combat corruption in ,afghanistan1 with an emphasis on public disclosure of government receipts and expenditures and prosecution and punishment of corrupt officials2 7,c7 shall be made available to continue support for not-for-profit institutions of higher education in ,kabul1 ,afghanistan that are accessible to both women and men in a coeducational environment1 including for the costs for operations and security for such institutions2 7,d7 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 processes3 ,provided1 ,that such assistance to promote the economic empowerment of women shall be made available as grants to ,afghan organizations1 to the maximum extent practicable2 7,e7 shall prioritize1 unless the ,secretary of ,state or the ,administrator of the ,united ,states ,agency for ,international ,development1 as appropriate1 determines that security conditions do not permit or risk deterioration1 assistance to support long-term development in areas previously under the control of the ,taliban or other violent extremist groups3 ,provided1 ,that such funds may be made available notwithstanding any other provision of law and following consultation with the ,committees on ,appropriation2 7,f7 may not be made available for any program1 project1 or activity pursuant to section #gjdd7;a77#a77;,c7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjai 7division ,f of ,public ,law #aaf-f72 and 7,g7 may be made available1 notwithstanding any other provision of law1 for programs and activities to address the needs of the people of ,afghanistan in support of peace and reconciliation1 including reintegration of former ,taliban and other extremists4 7#b7 ,afghan women 7,a7 ,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 ,women1 ,peace1 and ,security ,act of #bjag 7,public ,law #aae-fh7 and the #bjai ,united ,states ,strategy on ,women1 ,peace1 and ,security1 including through-- 7i7 advocacy by the ,united ,states ,government for the inclusion of ,afghan women representatives1 particularly from civil society and rural provinces1 in ongoing and future discussion2 7ii7 the leveraging of assistance for the protection of women and girls and their rights2 and 7iii7 efforts to ensure that any agreement protects women's and girl's rights and ensures their freedom of movement1 rights to education and work1 and access to healthcare and legal representation4 7,b7 ,assistance ,funds appropriated by this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs under the heading ,economic ,support ,fund shall be made available for an endowment pursuant to paragraph 7#c77;,a77iv7 of this subsection for a not-for-profit institution of higher education in ,kabul1 ,afghanistan that is accessible to both women and men in a coeducational environment3 ,provided1 ,that such endowment shall be established in partnership with a ,united ,states-based ,american higher education institution that will serve on its board of trustees3 ,provided further1 ,that prior to the obligation of funds for such an endowment1 the ,administrator of the ,united ,states ,agency for ,international ,development shall submit a report to the ,committees on ,appropriations describing the governance structure1 including a proposed board of trustees1 and financial safeguards1 including regular audit and reporting requirements1 in any endowment agreement3 ,provided further1 ,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 basis4 7#c7 ,authorities 7,a7 ,funds appropriated by this ,act under titles ,,iii through ,,vi that are made available for assistance for ,afghanistan may be made available-- 7i7 notwithstanding section #gjab of this ,act or any similar provision of law and section #ffj of the ,foreign ,assistance ,act of #aifa2 7ii7 for reconciliation programs and disarmament1 demobilization1 and reintegration activities for former combatants who have renounced violence against the ,government of ,afghanistan1 including in accordance with section #gjdf7;a77#b77;,b77ii7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjab 7division ,i of ,public ,law #aab-gd72 7iii7 for an endowment to empower women and girls2 and 7iv7 for an endowment for higher education4 7,b7 ,section #gjdf7;a77#b77;,a7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjab 7division ,i of ,public ,law #aab-gd7 shall apply to funds appropriated by this ,act for assistance for ,afghanistan4 7,c7 ,of the funds appropriated by this ,act under the heading ,diplomatic ,programs1 up to #c1jjj1jjj may be transferred to any other appropriation of any department or agency of the ,united ,states ,government1 upon the concurrence of the head of such department or agency1 to support operations in1 and assistance for1 ,afghanistan and to carry out the provisions of the ,foreign ,assistance ,act of #aifa3 ,provided1 ,that any such transfer shall be subject to the regular notification procedures of the ,committees on ,appropriations4 7#d7 ,agreement1 report1 and certification ,funds appropriated by this ,act shall be made available for the following purposes-- 7,a7 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 ,afghanistan1 which shall be submitted not later than #cj days after finalizing or amending such an agreement or arrangement3 ,provided1 ,that not later than #cj days after enactment of this ,act and every #fj days thereafter until ,september #cj1 #bjba1 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 arrangement2 and 7,b7 the submission to the appropriate congressional committees of a joint certification by the ,secretary of ,state and ,secretary of ,defense that such agreement or arrangement1 or any amendment to such agreement or arrangement1 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 ,afghanistan3 ,provided1 ,that the initial joint certification to such committees shall be submitted upon enactment of this ,act1 and additional joint certifications1 as appropriate1 shall be submitted to such committees not later than #cj days after any amendment to such agreement or arrangement4 7#e7 ,updated strategy ,not less than #ij days after enactment of this ,act1 the ,secretary of ,state1 in consultation with the heads of other relevant ,federal agencies1 shall submit to the appropriate congressional committees a comprehensive1 multi-year strategy for diplomatic and development engagement with the ,government of ,afghanistan that reflects the agreement between the ,united ,states and the ,taliban1 as well as intra-,afghan negotiations3 ,provided1 ,that such strategy shall include a component to protect and strengthen women and girl's welfare and rights1 including in any intra-,afghan negotiation and during the implementation of any peace agreement3 ,provided further1 ,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 extremism3 ,provided further1 ,that the ,secretary of ,state shall consult with such committees on the parameters of such strategy3 ,provided further1 ,that the strategy required by this paragraph shall be submitted in unclassified form1 but may be accompanied by a classified annex4 7#f7 ,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 ,afghanistan4 7b7 ,bangladesh ,of the funds appropriated under titles ,,iii and ,,iv of this ,act1 not less than #aih1cbc1jjj shall be made available for assistance for ,bangladesh1 of which-- 7#a7 not less than #bc1ejj1jjj shall be made available to address the needs of communities impacted by refugees from ,burma2 7#b7 not less than #aj1jjj1jjj shall be made available for programs to protect freedom of expression and due process of law2 and 7#c7 not less than #bc1cjj1jjj shall be made available for democracy programs1 of which not less than #b1jjj1jjj shall be made available for such programs for the ,rohingya community in ,bangladesh4 7c7 ,nepal 7#a7 ,assistance ,of the funds appropriated under titles ,,iii and ,,iv of this ,act1 not less than #acj1bfe1jjj shall be made available for assistance for ,nepal1 including for development and democracy programs4 7#b7 ,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 ,nepal1 and in support of international peacekeeping operations3 ,provided1 ,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 war1 and the ,nepal ,army is cooperating fully with civilian judicial authorities in such cases4 7d7 ,pakistan 7#a7 ,terms and conditions ,the terms and conditions of section #gjdd7;c7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjai 7division ,f of ,public ,law #aaf-f7 shall continue in effect during fiscal year #bjba4 7#b7 ,assistance ,of the funds appropriated under title ,,iii of this ,act that are made available for assistance for ,pakistan1 not less than #ae1jjj1jjj shall be made available for democracy programs and not less than #aj1jjj1jjj shall be made available for gender programs4 7#c7 ,clarification ,notwithstanding paragraph 7#a71 section #gjdd7;d77#d77;,a7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjae 7division ,j of ,public ,law #aac-bce7 is amended by striking shall and inserting in lieu thereof may4 7e7 ,sri lanka 7#a7 ,assistance ,funds appropriated under title ,,iii of this ,act shall be made available for assistance for ,sri ,lanka for democracy and economic development programs1 particularly in areas recovering from ethnic and religious conflict3 ,provided1 ,that such funds shall be made available for programs to assist in the identification and resolution of cases of missing persons4 7#b7 ,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-- 7,a7 respect and uphold the rights and freedoms of the people of ,sri ,lanka regardless of ethnicity and religious belief1 including by investigating violations of human rights and holding perpetrators of such violations accountable2 7,b7 increase transparency and accountability in governance2 7,c7 assert its sovereignty against influence by the ,people's ,republic of ,china2 and 7,d7 promote reconciliation between ethnic and religious groups1 particularly arising from past conflict in ,sri ,lanka1 including by-- 7i7 addressing land confiscation and ownership issues2 7ii7 resolving cases of missing persons1 including by maintaining a functioning office of missing persons2 7iii7 reducing the presence of the armed forces in former conflict zones and restructuring the armed forces for a peacetime role that contributes to post-conflict reconciliation and regional security2 7iv7 repealing or amending laws on arrest and detention by security forces to comply with international standards2 and 7v7 investigating allegations of arbitrary arrest and torture1 and supporting a credible justice mechanism3 ,provided1 ,that the limitations of this paragraph shall not apply to funds made available for humanitarian assistance and disaster relief2 to protect human rights1 locate and identify missing persons1 and assist victims of torture and trauma2 to promote justice1 accountability1 and reconciliation2 to enhance maritime security and domain awareness2 to promote fiscal transparency and sovereignty2 and for ,international ,military ,education and ,training4 7#c7 ,international security assistance ,of the funds appropriated by this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs under the heading ,foreign ,military ,financing ,program1 up to #ae1jjj1jjj may be made available for assistance for ,sri ,lanka for the refurbishing of a high endurance cutter3 ,provided1 ,that in addition to such funds1 up to #ejj1jjj may be made available only for programs to support humanitarian assistance1 disaster relief1 instruction in human rights and related curricula development1 and maritime security and domain awareness1 including professionalization and training for the navy and coast guard3 ,provided further1 ,that amounts repurposed pursuant to this paragraph that were previously designated by the ,congress1 respectively1 as an emergency requirement or for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe are designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of such ,act or for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of such ,act4 7f7 ,regional programs ,funds appropriated by this ,act shall be made available for assistance for ,afghanistan1 ,pakistan1 and other countries in ,south and ,central ,asia to significantly increase the recruitment1 training1 and retention of women in the judiciary1 police1 and other security forces1 and to train judicial and security personnel in such countries to prevent and address gender-based violence1 human trafficking1 and other practices that disproportionately harm women and girls4 ,,latin ,,america ,,and ,,the ,,caribbean #gjde4 7a7 ,central america 7#a7 ,assistance ,of the funds appropriated by this ,act under titles ,,iii and ,,iv1 #eje1ibe1jjj should be made available for assistance for ,belize1 ,costa ,rica1 ,el ,salvador1 ,guatemala1 ,honduras1 ,nicaragua1 and ,panama1 including through the ,central ,america ,regional ,security ,initiative3 ,provided1 ,that such assistance shall be prioritized for programs and activities that address the key factors that contribute to the migration of unaccompanied1 undocumented minors to the ,united ,states and such funds shall be made available for global health1 humanitarian1 development1 democracy1 border security1 and law enforcement programs for such countries1 including for programs to reduce violence against women and girls and to combat corruption1 and for support of commissions against corruption and impunity1 as appropriate3 ,provided further1 ,that not less than #de1jjj1jjj shall be made available for support of offices of ,attorneys ,general and of other entities and activities to combat corruption and impunity in such countries4 7#b7 ,northern triangle 7,a7 ,limitation on assistance to certain central governments ,of the funds made available pursuant to paragraph 7#a7 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 ,salvador1 ,guatemala1 and ,honduras1 #ej percent may only be obligated after the ,secretary of ,state certifies and reports to the ,committees on ,appropriations that such government is-- 7i7 combating corruption and impunity1 including prosecuting corrupt government officials2 7ii7 implementing reforms1 policies1 and programs to increase transparency and strengthen public institutions2 7iii7 protecting the rights of civil society1 opposition political parties1 and the independence of the media2 7iv7 providing effective and accountable law enforcement and security for its citizens1 and upholding due process of law2 7v7 implementing policies to reduce poverty and promote equitable economic growth and opportunity2 7vi7 upholding the independence of the judiciary and of electoral institutions2 7vii7 improving border security2 7viii7 combating human smuggling and trafficking and countering the activities of criminal gangs1 drug traffickers1 and transnational criminal organizations2 7ix7 informing its citizens of the dangers of the journey to the southwest border of the ,united ,states2 and 7x7 resolving disputes involving the confiscation of real property of ,united ,states entities4 7,b7 ,reprogramming ,if the ,secretary is unable to make the certification required by subparagraph 7,a7 for one or more of the governments1 such assistance for such central government shall be reprogrammed for assistance for other countries in ,latin ,america and the ,caribbean1 notwithstanding the minimum funding requirements of this subsection and of section #gjai of this ,act3 ,provided1 ,that any such reprogramming shall be subject to the regular notification procedures of the ,committees on ,appropriations4 7,c7 ,exceptions ,the limitation of subparagraph 7,a7 shall not apply to funds appropriated by this ,act that are made available for-- 7i7 offices of ,attorneys ,general and other judicial entities and activities related to combating corruption and impunity2 7ii7 programs to combat gender-based violence2 7iii7 humanitarian assistance2 and 7iv7 food security programs4 7,d7 ,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 ,salvador1 ,guatemala1 or ,honduras4 7b7 ,colombia 7#a7 ,assistance ,of the funds appropriated by this ,act under titles ,,iii and ,,iv1 not less than #dfa1cge1jjj shall be made available for assistance for ,colombia3 ,provided1 ,that such funds shall be made available for the programs and activities described under this section in ,house ,report #aaf-ddd4 7#b7 ,withholding of funds 7,a7 ,counternarcotics ,of the funds appropriated by this ,act under the heading ,international ,narcotics ,control and ,law ,enforcement and made available for assistance for ,colombia1 #bj percent may be obligated only after the ,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 #ej percent cocaine production and coca cultivation levels in ,colombia by #bjbc and such strategy is not in violation of the #bjaf peace accord between the ,government of ,colombia and the ,revolutionary ,armed ,forces of ,colombia4 7,b7 ,human rights ,of the funds appropriated by this ,act under the heading ,foreign ,military ,financing ,program and made available for assistance for ,colombia1 #bj percent may be obligated only after the ,secretary of ,state certifies and reports to the ,committees on ,appropriations that-- 7i7 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 law1 including for command responsibility1 and sentence them to deprivation of liberty2 7ii7 the ,government of ,colombia is taking effective steps to prevent attacks against human rights defenders and other civil society activists1 trade unionists1 and journalists1 and judicial authorities are prosecuting those responsible for such attacks2 7iii7 the ,government of ,colombia is taking effective steps to protect ,afro-,colombian and indigenous communities and is respecting their rights and territory2 7iv7 senior military officers responsible for ordering1 committing1 and covering up cases of false positives are being held accountable1 including removal from active duty if found guilty through criminal or disciplinary proceedings2 and 7v7 the ,government of ,colombia has investigated and is taking steps to hold accountable ,government officials credibly alleged to have directed1 authorized1 or conducted illegal surveillance of political opponents1 government officials1 journalists1 and human rights defenders1 including through the use of assets provided by the ,united ,states for combating counterterrorism and counternarcotics for such purposes4 7#c7 ,exceptions ,the limitations of paragraph 7#b7 shall not apply to funds made available for aviation instruction and maintenance1 and maritime and riverine security programs4 7#d7 ,authority ,aircraft supported by funds appropriated by this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs and made available for assistance for ,colombia may be used to transport personnel and supplies involved in drug eradication and interdiction1 including security for such activities1 and to provide transport in support of alternative development programs and investigations by civilian judicial authorities4 7#e7 ,limitation ,none of the funds appropriated by this ,act or prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs that are 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 groups4 7c7 ,haiti 7#a7 ,certification ,the certification requirement contained in section #gjde7;c77#a7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjbj 7division ,g of ,public ,law #aaf-id7 shall continue in effect during fiscal year #bjba and shall also apply to funds appropriated by this ,act under the heading ,development ,assistance that are made available for assistance for ,haiti4 7#b7 ,haitian coast guard ,the ,government of ,haiti shall be eligible to purchase defense articles and services under the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq47 for the ,coast ,guard4 7#c7 ,limitation ,none of the funds made available by this ,act may be used to provide assistance to the armed forces of ,haiti4 7d7 ,the ,caribbean ,of the funds appropriated by this ,act under titles ,,iii and ,,iv1 not less than #gd1hjj1jjj shall be made available for the ,caribbean ,basin ,security ,initiative4 7e7 ,venezuela 7#a7 ,of the funds appropriated by this ,act under the heading ,economic ,support ,fund1 not less than #cc1jjj1jjj shall be made available for democracy programs for ,venezuela4 7#b7 ,funds appropriated under title ,,iii of this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs shall be made available for assistance for communities in countries supporting or otherwise impacted by refugees from ,venezuela1 including ,colombia1 ,peru1 ,ecuador1 ,curacao1 and ,trinidad and ,tobago3 ,provided1 ,that such amounts are in addition to funds otherwise made available for assistance for such countries1 subject to prior consultation with1 and the regular notification procedures of1 the ,committees on ,appropriations4 ,,europe ,,and ,,eurasia #gjdf4 7a7 ,assistance 7#a7 ,georgia ,of the funds appropriated by this ,act under titles ,,iii and ,,iv1 not less than #acb1jbe1jjj shall be made available for assistance for ,georgia3 ,provided1 ,that not later than #ij days after enactment of this ,act1 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 #d 7in the matter preceding division ,a of this consolidated ,act74 7#b7 ,ukraine ,of the funds appropriated by this ,act under titles ,,iii and ,,iv1 not less than #dec1jjj1jjj shall be made available for assistance for ,ukraine4 7b7 ,territorial integrity ,none of the funds appropriated by this ,act may be made available for assistance for a government of an ,independent ,state of the former ,soviet ,union if such government directs any action in violation of the territorial integrity or national sovereignty of any other ,independent ,state of the former ,soviet ,union1 such as those violations included in the ,helsinki ,final ,act3 ,provided1 ,that except as otherwise provided in section #gjdg7;a7 of this ,act1 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 ,states3 ,provided further1 ,that prior to executing the authority contained in the previous proviso1 the ,secretary of ,state shall consult with the ,committees on ,appropriations on how such assistance supports the national security interest of the ,united ,states4 7c7 ,section #ijg of the freedom support act ,section #ijg of the ,,freedom ,support ,act 7#bb ,u4,s4,c4 #ehab note7 shall not apply to-- 7#a7 activities to support democracy or assistance under title ,v of the ,,freedom ,support ,act 7#bb ,u4,s4,c4 #ehea et seq47 and section #adbd of the ,defense ,against ,weapons of ,mass ,destruction ,act of #aiif 7#ej ,u4,s4,c4 #bccc7 or non-proliferation assistance2 7#b7 any assistance provided by the ,trade and ,development ,agency under section #ffa of the ,foreign ,assistance ,act of #aifa2 7#c7 any activity carried out by a member of the ,united ,states and ,foreign ,commercial ,service while acting within his or her official capacity2 7#d7 any insurance1 reinsurance1 guarantee1 or other assistance provided by the ,united ,states ,international ,development ,finance ,corporation as authorized by the ,,build ,act of #bjah 7division ,f of ,public ,law #aae-bed72 7#e7 any financing provided under the ,export-,import ,bank ,act of #aide 7,public ,law #gi-agc72 or 7#f7 humanitarian assistance4 7d7 ,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 7,,tppd7 under ,chapter #b of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgfa et seq47 unless the ,secretary of ,state determines and reports to the appropriate congressional committees that members of the ,,tppd who are named in the ,july #ag1 #bjag1 indictment by the ,superior ,court of the ,district of ,columbia1 and against whom there are pending charges1 have returned to the ,united ,states to stand trial in connection with the offenses contained in such indictment or have otherwise been brought to justice3 ,provided1 ,that the limitation in this paragraph shall not apply to the use of funds made available by this ,act for border security purposes1 for ,north ,atlantic ,treaty ,organization or coalition operations1 or to enhance the protection of ,united ,states officials and facilities in ,turkey4 ,,countering ,,russian ,,influence ,,and ,,aggression #gjdg4 7a7 ,limitation ,none of the funds appropriated by this ,act may be made available for assistance for the central ,government of the ,russian ,federation4 7b7 ,annexation of crimea 7#a7 ,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 taken affirmative steps intended to support or be supportive of the ,russian ,federation annexation of ,crimea or other territory in ,ukraine3 ,provided1 ,that except as otherwise provided in subsection 7a71 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 ,states1 and includes a justification for such interest4 7#b7 ,limitation ,none of the funds appropriated by this ,act may be made available for-- 7,a7 the implementation of any action or policy that recognizes the sovereignty of the ,russian ,federation over ,crimea or other territory in ,ukraine2 7,b7 the facilitation1 financing1 or guarantee of ,united ,states ,government investments in ,crimea or other territory in ,ukraine under the control of ,russian-backed separatists1 if such activity includes the participation of ,russian ,government officials1 or other ,russian owned or controlled financial entities2 or 7,c7 assistance for ,crimea or other territory in ,ukraine under the control of ,russian-backed separatists1 if such assistance includes the participation of ,russian ,government officials1 or other ,russian owned or controlled financial entities4 7#c7 ,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 7including any loan1 credit1 or guarantee7 for any program that violates the sovereignty or territorial integrity of ,ukraine4 7#d7 ,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 separatists4 7c7 ,occupation of the georgian territories of abkhazia and tskhinvali region_/,south ossetia 7#a7 ,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 of1 or has established diplomatic relations with1 the ,russian ,federation occupied ,georgian territories of ,abkhazia and ,tskhinvali ,region_/,south ,ossetia3 ,provided1 ,that the ,secretary shall publish on the ,department of ,state website a list of any such central governments in a timely manner3 ,provided further1 ,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 ,states1 and includes a justification for such interest4 7#b7 ,limitation ,none of the funds appropriated by this ,act may be made available to support the ,russian ,federation occupation of the ,georgian territories of ,abkhazia and ,tskhinvali ,region_/,south ,ossetia4 7#c7 ,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 7including any loan1 credit1 or guarantee7 for any program that violates the sovereignty and territorial integrity of ,georgia4 7d7 ,countering russian influence fund 7#a7 ,assistance ,of the funds appropriated by this ,act under the headings ,assistance for ,europe1 ,eurasia and ,central ,asia1 ,international ,narcotics ,control and ,law ,enforcement1 ,international ,military ,education and ,training1 and ,foreign ,military ,financing ,program1 not less than #bij1jjj1jjj shall be made available to carry out the purposes of the ,countering ,russian ,influence ,fund1 as authorized by section #bed of the ,countering ,russian ,influence in ,europe and ,eurasia ,act of #bjag 7,public ,law #aae-dd2 #bb ,u4,s4,c4 #iedc7 and notwithstanding the country limitation in subsection 7b7 of such section1 and programs to enhance the capacity of law enforcement and security forces in countries in ,europe1 ,eurasia1 and ,central ,asia and strengthen security cooperation between such countries and the ,united ,states and the ,north ,atlantic ,treaty ,organization1 as appropriate4 7#b7 ,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 ,union1 and to reduce their vulnerability to external economic and political pressure from the ,russian ,federation4 7e7 ,democracy programs ,funds appropriated by this ,act shall be made available to support democracy programs in the ,russian ,federation and other countries in ,europe1 ,eurasia1 and ,central ,asia1 including to promote ,internet freedom3 ,provided1 ,that of the funds appropriated under the heading ,assistance for ,europe1 ,eurasia and ,central ,asia1 not less than #bj1jjj1jjj shall be made available to strengthen democracy and civil society in ,central ,europe1 including for transparency1 independent media1 rule of law1 minority rights1 and programs to combat anti-,semitism4 ,,united ,,nations #gjdh4 7a7 ,transparency and accountability ,not later than #ahj days after enactment of this ,act1 the ,secretary of ,state shall report to the ,committees on ,appropriations whether each organization1 department1 or agency receiving a contribution from funds appropriated by this ,act under the headings 8,contributions to ,international ,organizations0 and 8,international ,organizations and ,programs0 is-- 7#a7 posting on a publicly available website1 consistent with privacy regulations and due process1 regular financial and programmatic audits of such organization1 department1 or agency1 and providing the ,united ,states ,government with necessary access to such financial and performance audits2 7#b7 effectively implementing and enforcing policies and procedures which meet or exceed best practices in the ,united ,states for the protection of whistleblowers from retaliation1 including-- 7,a7 protection against retaliation for internal and lawful public disclosures2 7,b7 legal burdens of proof2 7,c7 statutes of limitation for reporting retaliation2 7,d7 access to binding independent adjudicative bodies1 including shared cost and selection of external arbitration2 and 7,e7 results that eliminate the effects of proven retaliation1 including provision for the restoration of prior employment2 and 7#c7 effectively implementing and enforcing policies and procedures on the appropriate use of travel funds1 including restrictions on first-class and business-class travel4 7b7 ,restrictions on united nations delegations and organizations 7#a7 ,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 agency1 body1 or commission of the ,united ,nations if such agency1 body1 or commission is chaired or presided over by a country1 the government of which the ,secretary of ,state has determined1 for purposes of section #aged7;c7 of the ,export ,reform ,control ,act of #bjah 7#ej ,u4,s4,c4 #dhac7;c771 supports international terrorism4 7#b7 ,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 organization1 agency1 commission1 or program within the ,united ,nations system if such organization1 agency1 commission1 or program is chaired or presided over by a country the government of which the ,secretary of ,state has determined1 for purposes of section #fbj;,a of the ,foreign ,assistance ,act of #aifa1 section #dj of the ,arms ,export ,control ,act1 section #aged7;c7 of the ,export ,reform ,control ,act of #bjah 7#ej ,u4,s4,c4 #dhac7;c771 or any other provision of law1 is a government that has repeatedly provided support for acts of international terrorism4 7#c7 ,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 ,states1 including a description of the national interest served4 7c7 ,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 ,council3 ,provided1 ,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 ,council3 ,provided further1 ,that the ,secretary of ,state shall report to the ,committees on ,appropriations not later than ,september #cj1 #bjba1 on the resolutions considered in the ,united ,nations ,human ,rights ,council during the previous #ab months1 and on steps taken to remove ,israel as a permanent agenda item and ensure integrity in the election of members to such ,council4 7d7 ,united nations relief and works agency ,prior to the initial obligation of funds for the ,united ,nations ,relief and ,works ,agency 7,,unrwa71 the ,secretary of ,state shall report to the ,committees on ,appropriations1 in writing1 on whether ,,unrwa is-- 7#a7 utilizing ,operations ,support ,officers in the ,west ,bank1 ,gaza1 and other fields of operation to inspect ,,unrwa installations and reporting any inappropriate use2 7#b7 acting promptly to address any staff or beneficiary violation of its own policies 7including the policies on neutrality and impartiality of employees7 and the legal requirements under section #cja7;c7 of the ,foreign ,assistance ,act of #aifa2 7#c7 implementing procedures to maintain the neutrality of its facilities1 including implementing a no-weapons policy1 and conducting regular inspections of its installations1 to ensure they are only used for humanitarian or other appropriate purposes2 7#d7 taking necessary and appropriate measures to ensure it is operating in compliance with the conditions of section #cja7;c7 of the ,foreign ,assistance ,act of #aifa and continuing regular reporting to the ,department of ,state on actions it has taken to ensure conformance with such conditions2 7#e7 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 rights1 dignity1 and tolerance and does not induce incitement2 7#f7 not engaging in operations with financial institutions or related entities in violation of relevant ,united ,states law1 and is taking steps to improve the financial transparency of the organization2 and 7#g7 in compliance with the ,united ,nations ,board of ,auditors' biennial audit requirements and is implementing in a timely fashion the ,board's recommendations4 7e7 ,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 #aifa1 may be used to pay in whole or in part any assessments1 arrearages1 or dues of any member of the ,united ,nations or1 from funds appropriated by this ,act to carry out chapter #a of part ,i of the ,foreign ,assistance ,act of #aifa1 the costs for participation of another country's delegation at international conferences held under the auspices of multilateral or international organizations4 7f7 ,report ,not later than #de days after enactment of this ,act1 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 #bjba for contributions to any organization1 department1 agency1 or program within the ,united ,nations system or any international program that are withheld from obligation or expenditure due to any provision of law3 ,provided1 ,that the ,secretary shall update such report each time additional funds are withheld by operation of any provision of law3 ,provided further1 ,that the reprogramming of any withheld funds identified in such report1 including updates thereof1 shall be subject to prior consultation with1 and the regular notification procedures of1 the ,committees on ,appropriations4 7g7 ,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 abuse1 including while serving in a ,united ,nations peacekeeping operation1 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 incidents3 ,provided1 ,that the ,secretary shall promptly notify the government of each country subject to any withholding of assistance pursuant to this paragraph1 and shall notify the appropriate congressional committees of such withholding not later than #aj days after a determination to withhold such assistance is made3 ,provided further1 ,that the ,secretary shall1 to the maximum extent practicable1 assist such government in bringing the responsible members of such unit to justice4 7h7 ,additional availability ,subject to the regular notification procedures of the ,committees on ,appropriations1 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 #cjg7;a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bbbg7;a771 shall remain available for obligation until ,september #cj1 #bjbb3 ,provided1 ,that the requirement to withhold funds for programs in ,burma under section #cjg7;a7 of the ,foreign ,assistance ,act of #aifa shall not apply to funds appropriated by this ,act4 ,,war ,,crimes ,,tribunals #gjdi4 7a7 ,if the ,president determines that doing so will contribute to a just resolution of charges regarding genocide or other violations of international humanitarian law1 the ,president may direct a drawdown pursuant to section #eeb7;c7 of the ,foreign ,assistance ,act of #aifa of up to #cj1jjj1jjj 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 violations1 without regard to the ceiling limitation contained in paragraph 7#b7 thereof3 ,provided1 ,that the determination required under this section shall be in lieu of any determinations otherwise required under section #eeb7;c73 ,provided further1 ,that funds made available pursuant to this section shall be made available subject to the regular notification procedures of the ,committees on ,appropriations4 7b7 ,none of the funds appropriated by this ,act may be made available for a ,united ,states contribution to the ,international ,criminal ,court3 ,provided1 ,that funds may be made available for technical assistance1 training1 assistance for victims1 protection of witnesses1 and law enforcement support related to international investigations1 apprehensions1 prosecutions1 and adjudications of genocide1 crimes against humanity1 and war crimes3 ,provided further1 ,that the previous proviso shall not apply to investigations1 apprehensions1 or prosecutions of ,american service members and other ,united ,states citizens or nationals1 or nationals of the ,north ,atlantic ,treaty ,organization 7,,nato7 or major non-,,nato allies initially designated pursuant to section #eag7;b7 of the ,foreign ,assistance ,act of #aifa4 ,,global ,,internet ,,freedom #gjej4 7a7 ,funding ,of the funds available for obligation during fiscal year #bjba under the headings ,international ,broadcasting ,operations1 ,economic ,support ,fund1 ,democracy ,fund1 and ,assistance for ,europe1 ,eurasia and ,central ,asia1 not less than #gj1jjj1jjj shall be made available for programs to promote ,internet freedom globally3 ,provided1 ,that such programs shall be prioritized for countries whose governments restrict freedom of expression on the ,internet1 and that are important to the national interest of the ,united ,states3 ,provided further1 ,that funds made available pursuant to this section shall be matched1 to the maximum extent practicable1 by sources other than the ,united ,states ,government1 including from the private sector4 7b7 ,requirements 7#a7 ,department of state and united states agency for international development ,funds appropriated by this ,act under the headings ,economic ,support ,fund1 ,democracy ,fund1 and ,assistance for ,europe1 ,eurasia and ,central ,asia that are made available pursuant to subsection 7a7 shall be-- 7,a7 coordinated with other democracy programs funded by this ,act under such headings1 and shall be incorporated into country assistance and democracy promotion strategies1 as appropriate2 7,b7 for programs to implement the ,may #bjaa1 ,international ,strategy for ,cyberspace1 the ,department of ,state ,international ,cyberspace ,policy ,strategy required by section #djb of the ,cybersecurity ,act of #bjae 7division ,n of ,public ,law #aad-aac71 and the comprehensive strategy to promote ,internet freedom and access to information in ,iran1 as required by section #dad of the ,iran ,threat ,reduction and ,syria ,human ,rights ,act of #bjab 7#bb ,u4,s4,c4 #hged72 7,c7 made available for programs that support the efforts of civil society to counter the development of repressive ,internet-related laws and regulations1 including countering threats to ,internet freedom at international organizations2 to combat violence against bloggers and other users2 and to enhance digital security training and capacity building for democracy activists2 7,d7 made available for research of key threats to ,internet freedom2 the continued development of technologies that provide or enhance access to the ,internet1 including circumvention tools that bypass ,internet blocking1 filtering1 and other censorship techniques used by authoritarian governments2 and maintenance of the technological advantage of the ,united ,states ,government over such censorship techniques3 ,provided1 ,that the ,secretary of ,state1 in consultation with the ,united ,states ,agency for ,global ,media ,chief ,executive ,officer 7,,usagm ,,ceo7 and the ,president of the ,open ,technology ,fund 7,,otf71 shall coordinate any such research and development programs with other relevant ,united ,states ,government departments and agencies in order to share information1 technologies1 and best practices1 and to assess the effectiveness of such technologies2 and 7,e7 made available only after the ,assistant ,secretary for ,democracy1 ,human ,rights1 and ,labor1 ,department of ,state1 concurs that such funds are allocated consistent with-- 7i7 the strategies referenced in subparagraph 7,b7 of this paragraph2 7ii7 best practices regarding security for1 and oversight of1 ,internet freedom programs2 and 7iii7 sufficient resources and support for the development and maintenance of anti-censorship technology and tools4 7#b7 ,united states agency for global media ,funds appropriated by this ,act under the heading ,international ,broadcasting ,operations that are made available pursuant to subsection 7a7 shall be-- 7,a7 made available only for open-source tools and techniques to securely develop and distribute ,,usagm digital content1 facilitate audience access to such content on websites that are censored1 coordinate the distribution of ,,usagm digital content to targeted regional audiences1 and to promote and distribute such tools and techniques1 including digital security techniques2 7,b7 coordinated by the ,,usagm ,,ceo1 in consultation with the ,,otf ,president1 with programs funded by this ,act under the heading ,international ,broadcasting ,operations1 and shall be incorporated into country broadcasting strategies1 as appropriate2 7,c7 coordinated by the ,,usagm ,,ceo1 in consultation with the ,,otf ,president1 to solicit project proposals through an open1 transparent1 and competitive application process1 seek input from technical and subject matter experts to select proposals1 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 strategy2 and 7,d7 made available for the research and development of new tools or techniques authorized in subparagraph 7,a7 only after the ,,usagm ,,ceo1 in consultation with the ,secretary of ,state1 the ,,otf ,president1 and other relevant ,united ,states ,government departments and agencies1 evaluates the risks and benefits of such new tools or techniques1 and establishes safeguards to minimize the use of such new tools or techniques for illicit purposes4 7c7 ,coordination and spend plans ,after consultation among the relevant agency heads to coordinate and de-conflict planned activities1 but not later than #ij days after enactment of this ,act1 the ,secretary of ,state and the ,,usagm ,,ceo1 in consultation with the ,,otf ,president1 shall submit to the ,committees on ,appropriations spend plans for funds made available by this ,act for programs to promote ,internet freedom globally1 which shall include a description of safeguards established by relevant agencies to ensure that such programs are not used for illicit purposes3 ,provided1 ,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 bureaus4 7d7 ,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 ,democracy1 ,human ,rights1 and ,labor1 ,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 funds3 ,provided1 ,that the security auditing procedures used by such ,bureau shall be reviewed and updated periodically to reflect current industry security standards4 7e7 ,surge ,of the funds appropriated by this ,act under the heading ,economic ,support ,fund1 up to #b1ejj1jjj 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 interest3 ,provided1 ,that such funds are in addition to amounts made available for such purposes3 ,provided further1 ,that such funds may be transferred to1 and merged with1 funds appropriated by this ,act under the heading ,international ,broadcasting ,operations following consultation with1 and the regular notification procedures of1 the ,committees on ,appropriations4 ,,torture ,,and ,,other ,,cruel1 ,,inhuman1 ,,or ,,degrading ,,treatment ,,or ,,punishment #gjea4 7a7 ,limitation ,none of the funds made available by this ,act may be used to support or justify the use of torture and other cruel1 inhuman1 or degrading treatment or punishment by any official or contract employee of the ,united ,states ,government4 7b7 ,assistance ,funds appropriated under titles ,,iii and ,,iv of this ,act shall be made available1 notwithstanding section #ffj of the ,foreign ,assistance ,act of #aifa and following consultation with the ,committees on ,appropriations1 for assistance to eliminate torture and other cruel1 inhuman1 or degrading treatment or punishment by foreign police1 military or other security forces in countries receiving assistance from funds appropriated by this ,act4 ,,aircraft ,,transfer1 ,,coordination1 ,,and ,,use #gjeb4 7a7 ,transfer authority ,notwithstanding any other provision of law or regulation1 aircraft procured with funds appropriated by this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs under the headings ,diplomatic ,programs1 ,international ,narcotics ,control and ,law ,enforcement1 ,andean ,counterdrug ,initiative1 and ,andean ,counterdrug ,programs may be used for any other program and in any region4 7b7 ,property disposal ,the authority provided in subsection 7a7 shall apply only after the ,secretary of ,state determines and reports to the ,committees on ,appropriations that the equipment is no longer required to meet programmatic purposes in the designated country or region3 ,provided1 ,that any such transfer shall be subject to prior consultation with1 and the regular notification procedures of1 the ,committees on ,appropriations4 7c7 ,aircraft coordination 7#a7 ,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 ,state1 foreign operations1 and related programs shall be coordinated under the authority of the appropriate ,chief of ,mission3 ,provided1 ,that notwithstanding section #gjfc7;b7 of this ,act1 such aircraft may be used to transport1 on a reimbursable or non-reimbursable basis1 ,federal and non-,federal personnel supporting ,department of ,state and ,,usaid programs and activities3 ,provided further1 ,that official travel for other agencies for other purposes may be supported on a reimbursable basis1 or without reimbursement when traveling on a space available basis3 ,provided further1 ,that funds received by the ,department of ,state in connection with the use of aircraft owned1 leased1 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 purchase1 lease1 maintenance1 chartering1 or operation of such aircraft4 7#b7 ,scope ,the requirement and authorities of this subsection shall only apply to aircraft1 the primary purpose of which is the transportation of personnel4 7d7 ,aircraft operations and maintenance ,to the maximum extent practicable1 the costs of operations and maintenance1 including fuel1 of aircraft funded by this ,act shall be borne by the recipient country4 ,,parking ,,fines ,,and ,,real ,,property ,,taxes ,,owed ,,by ,,foreign ,,governments #gjec4 ,the terms and conditions of section #gjee of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjaj 7division ,f of ,public ,law #aaa-aag7 shall apply to this ,act3 ,provided1 ,that the date 8,september #cj1 #bjji0 in subsection 7f77#b77;,b7 of such section shall be deemed to be 8,september #cj1 #bjbj04 ,,international ,,monetary ,,fund #gjed4 7a7 ,extensions ,the terms and conditions of sections #gjhf7;b7 7#a7 and 7#b7 and #gjij7;a7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjaj 7division ,f of ,public ,law #aaa-aag7 shall apply to this ,act4 7b7 ,repayment ,the ,secretary of the ,treasury shall instruct the ,united ,states ,executive ,director of the ,international ,monetary ,fund 7,,imf7 to seek to ensure that any loan will be repaid to the ,,imf before other private or multilateral creditors4 ,,extradition #gjee4 7a7 ,limitation ,none of the funds appropriated in this ,act may be used to provide assistance 7other than funds provided under the headings ,development ,assistance1 ,international ,disaster ,assistance1 ,complex ,crises ,fund1 ,international ,narcotics ,control and ,law ,enforcement1 ,migration and ,refugee ,assistance1 ,united ,states ,emergency ,refugee and ,migration ,assistance ,fund1 and ,nonproliferation1 ,anti-terrorism1 ,demining and ,related ,assistance7 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 officer1 as specified in a ,united ,states extradition request4 7b7 ,clarification ,subsection 7a7 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 treaty4 7c7 ,waiver ,the ,secretary of ,state may waive the restriction in subsection 7a7 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 ,states4 ,,impact ,,on ,,jobs ,,in ,,the ,,united ,,states #gjef4 ,none of the funds appropriated or otherwise made available under titles ,,iii through ,,vi of this ,act may be obligated or expended to provide-- 7#a7 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 ,states2 7#b7 assistance for any program1 project1 or activity that contributes to the violation of internationally recognized workers' rights1 as defined in section #ejg7d7 of the ,trade ,act of #aigd1 of workers in the recipient country1 including any designated zone or area in that country3 ,provided1 ,that the application of section #ejg7d77;,d7 and 7,e7 of such ,act 7#ai ,u4,s4,c4 #bdfg7d77;,d7 and 7,e77 should be commensurate with the level of development of the recipient country and sector1 and shall not preclude assistance for the informal sector in such country1 micro and small-scale enterprise1 and smallholder agriculture2 7#c7 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 ,states2 or 7#d7 for the enforcement of any rule1 regulation1 policy1 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 #ab1 #bjac1 when enforcement of such rule1 regulation1 policy1 or guidelines would prohibit1 or have the effect of prohibiting1 any coal-fired or other power-generation project the purpose of which is to-- 7,a7 provide affordable electricity in ,international ,development ,association 7,,ida7-eligible countries and ,,ida-blend countries2 and 7,b7 increase exports of goods and services from the ,united ,states or prevent the loss of jobs from the ,united ,states4 ,,united ,,nations ,,population ,,fund #gjeg4 7a7 ,contribution ,of the funds made available under the heading ,international ,organizations and ,programs in this ,act for fiscal year #bjba1 #cb1ejj1jjj shall be made available for the ,united ,nations ,population ,fund 7,,unfpa74 7b7 ,availability of funds ,funds appropriated by this ,act for ,,unfpa1 that are not made available for ,,unfpa because of the operation of any provision of law1 shall be transferred to the ,global ,health ,programs account and shall be made available for family planning1 maternal1 and reproductive health activities1 subject to the regular notification procedures of the ,committees on ,appropriations4 7c7 ,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 ,china4 7d7 ,conditions on availability of funds ,funds made available by this ,act for ,,unfpa may not be made available unless-- 7#a7 ,,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 sums2 and 7#b7 ,,unfpa does not fund abortions4 7e7 ,report to congress and dollar-for-,dollar withholding of funds 7#a7 ,not later than #d months after the date of enactment of this ,act1 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 ,china4 7#b7 ,if a report under paragraph 7#a7 indicates that ,,unfpa plans to spend funds for a country program in the ,people's ,republic of ,china in the year covered by the report1 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 #a for obligation for the remainder of the fiscal year in which the report is submitted4 ,,global ,,health ,,activities #gjeh4 7a7 ,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 on1 and the prevention1 treatment and control of1 ,,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_/,,aids1 ,tuberculosis1 and ,malaria ,act of #bjjc 7#aag ,stat4 #gaa2 #bb ,u4,s4,c4 #gfja et seq471 as amended3 ,provided1 ,that of the funds appropriated under title ,,iii of this ,act1 not less than #ege1jjj1jjj should be made available for family planning_/reproductive health1 including in areas where population growth threatens biodiversity or endangered species4 7b7 ,infectious disease outbreaks 7#a7 ,global health security ,funds appropriated by this ,act under the heading ,global ,health ,programs shall be made available for global health security programs1 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 collection1 analysis1 and sharing of data on unknown viruses and other pathogens3 ,provided1 ,that not later than #fj days after enactment of this ,act1 the ,,usaid ,administrator shall consult with the ,committees on ,appropriations on the planned uses of such funds4 7#b7 ,extraordinary measures ,if the ,secretary of ,state determines and reports to the ,committees on ,appropriations that an international infectious disease outbreak is sustained1 severe1 and is spreading internationally1 or that it is in the national interest to respond to a ,public ,health ,emergency of ,international ,concern1 not to exceed an aggregate total of #bjj1jjj1jjj of the funds appropriated by this ,act under the headings ,global ,health ,programs1 ,development ,assistance1 ,international ,disaster ,assistance1 ,complex ,crises ,fund1 ,economic ,support ,fund1 ,democracy ,fund1 ,assistance for ,europe1 ,eurasia and ,central ,asia1 ,migration and ,refugee ,assistance1 and ,millennium ,challenge ,corporation may be made available to combat such infectious disease or public health emergency1 and may be transferred to1 and merged with1 funds appropriated under such headings for the purposes of this paragraph4 7#c7 ,emergency reserve fund ,up to #ej1jjj1jjj of the funds made available under the heading ,global ,health ,programs may be made available for the ,emergency ,reserve ,fund established pursuant to section #gjeh7;c77#a7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjag 7division ,j of ,public ,law #aae-ca73 ,provided1 ,that such funds shall be made available under the same terms and conditions of such section4 7#d7 ,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 ,appropriations4 7c7 ,childhood cancer ,funds appropriated under titles ,,iii and ,,vi of this ,act may be made available for public-private partnerships1 including in coordination with relevant multilateral organizations and research entities1 to address childhood cancer3 ,provided1 ,that the ,secretary of ,state1 in consultation with the ,,usaid ,administrator and the ,office of ,global ,partnerships1 ,department of ,state1 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 #ij days after enactment of this ,act4 ,,gender ,,equality #gjei4 7a7 ,women's empowerment 7#a7 ,gender equality ,funds appropriated by this ,act shall be made available to promote gender equality in ,united ,states ,government diplomatic and development efforts by raising the status1 increasing the participation1 and protecting the rights of women and girls worldwide4 7#b7 ,women's economic empowerment ,funds appropriated by this ,act are available to implement the ,women's ,entrepreneurship and ,economic ,empowerment ,act of #bjah 7,public ,law #aae-dbh73 ,provided1 ,that the ,secretary of ,state and the ,administrator of the ,united ,states ,agency for ,international ,development1 as appropriate1 shall consult with the ,committees on ,appropriations on the implementation of such ,act4 7#c7 ,women's global development and prosperity fund ,of the funds appropriated under title ,,iii of this ,act1 up to #bjj1jjj1jjj may be made available for the ,women's ,global ,development and ,prosperity ,fund4 7b7 ,women's leadership ,of the funds appropriated by title ,,iii of this ,act1 not less than #ej1jjj1jjj shall be made available for programs specifically designed to increase leadership opportunities for women in countries where women and girls suffer discrimination due to law1 policy1 or practice1 by strengthening protections for women's political status1 expanding women's participation in political parties and elections1 and increasing women's opportunities for leadership positions in the public and private sectors at the local1 provincial1 and national levels4 7c7 ,gender-,based violence 7#a7 ,of the funds appropriated under titles ,,iii and ,,iv of this ,act1 not less than #afe1jjj1jjj 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 settings4 7#b7 ,funds appropriated under titles ,,iii and ,,iv of this ,act that are available to train foreign police1 judicial1 and military personnel1 including for international peacekeeping operations1 shall address1 where appropriate1 prevention and response to gender-based violence and trafficking in persons1 and shall promote the integration of women into the police and other security forces4 7d7 ,women1 peace1 and security ,of the funds appropriated by this ,act under the headings ,development ,assistance1 ,economic ,support ,fund1 ,assistance for ,europe1 ,eurasia and ,central ,asia1 and ,international ,narcotics ,control and ,law ,enforcement1 not less than #acj1jjj1jjj should be made available to support a multi-year strategy to expand1 and improve coordination of1 ,united ,states ,government efforts to empower women as equal partners in conflict prevention1 peace building1 transitional processes1 and reconstruction efforts in countries affected by conflict or in political transition1 and to ensure the equitable provision of relief and recovery assistance to women and girls4 7e7 ,women and girls at risk from extremism and conflict ,of the funds appropriated by this ,act under the heading ,economic ,support ,fund1 not less than #ae1jjj1jjj shall be made available to support women and girls who are at risk from extremism and conflict1 and for the activities described in section #gjei7;e77#a7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjah 7division ,k of ,public ,law #aae-ada73 ,provided1 ,that such funds are in addition to amounts otherwise made available by this ,act for such purposes1 and shall be made available following consultation with1 and the regular notification procedures of1 the ,committees on ,appropriations4 ,,sector ,,allocations #gjfj4 7a7 ,basic education and higher education 7#a7 ,basic education 7,a7 ,of the funds appropriated under title ,,iii of this ,act1 not less than #iej1jjj1jjj shall be made available for assistance for basic education1 and such funds may be made available notwithstanding any other provision of law that restricts assistance to foreign countries3 ,provided1 ,that such funds shall also be used for secondary education activities3 ,provided further1 ,that the ,administrator of the ,united ,states ,agency for ,international ,development1 following consultation with the ,committees on ,appropriations1 may reprogram such funds between countries3 ,provided further1 ,that of the funds made available by this paragraph1 #aej1jjj1jjj should be available for the education of girls in areas of conflict3 ,provided further1 ,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 ,state1 foreign operations1 and related programs shall be subject to the regular notification procedures of the ,committees on ,appropriations4 7,b7 ,of the funds appropriated under title ,,iii of this ,act for assistance for basic education programs1 not less than #aej1jjj1jjj shall be made available for contributions to multilateral partnerships that support education4 7,c7 ,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 ,m4 ,lowey ,basic ,education ,fund4 7#b7 ,higher education ,of the funds appropriated by title ,,iii of this ,act1 not less than #bce1jjj1jjj shall be made available for assistance for higher education3 ,provided1 ,that such funds may be made available notwithstanding any other provision of law that restricts assistance to foreign countries1 and shall be subject to the regular notification procedures of the ,committees on ,appropriations3 ,provided further1 ,that of such amount1 not less than #ce1jjj1jjj 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 countries3 ,provided further1 ,that not later than #de days after enactment of this ,act1 the ,,usaid ,administrator shall consult with the ,committees on ,appropriations on the proposed uses of funds for such partnerships4 7#c7 ,higher education in countries impacted by economic crises ,in addition to amounts made available pursuant to paragraph 7#b71 of the funds appropriated by this ,act under the heading ,economic ,support ,fund1 not less than #ej1jjj1jjj shall be made available1 notwithstanding any other provision of law that restricts assistance to foreign countries and following consultation with the ,committees on ,appropriations1 for the following institutions that are recipients of ,united ,states assistance and located in countries impacted by economic crises-- 7,a7 ,united ,states-accredited institutions of higher education in the ,middle ,east2 and 7,b7 not-for-profit1 coeducational ,american institutions of higher education in the ,middle ,east and ,asia4 7b7 ,development programs ,of the funds appropriated by this ,act under the heading ,development ,assistance1 not less than #ah1ejj1jjj shall be made available for ,,usaid cooperative development programs and not less than #cj1jjj1jjj shall be made available for the ,american ,schools and ,hospitals ,abroad program4 7c7 ,environment programs 7#a7 7,a7 ,funds appropriated by this ,act to carry out the provisions of sections #ajc through #ajf1 and chapter #d of part ,,ii1 of the ,foreign ,assistance ,act of #aifa may be used1 notwithstanding any other provision of law1 except for the provisions of this subsection1 to support environment programs4 7,b7 ,funds made available pursuant to this subsection shall be subject to the regular notification procedures of the ,committees on ,appropriations4 7#b7 7,a7 ,of the funds appropriated under title ,,iii of this ,act1 not less than #cbj1jjj1jjj shall be made available for biodiversity conservation programs4 7,b7 ,not less than #ajj1ffd1jjj 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 trafficking4 7,c7 ,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 trafficking1 unless the ,secretary reports to the appropriate congressional committees that to do so is in the national security interest of the ,united ,states4 7,d7 ,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 #cj1 #bjac1 and the ,secretary of the ,treasury shall instruct the ,united ,states executive directors of each international financial institution 7,,ifi7 to use the voice and vote of the ,united ,states to oppose any financing of any such activity4 7#c7 ,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 ,states1 in relation to any loan1 grant1 strategy1 or policy of such institution1 regarding the construction of any large dam consistent with the criteria set forth in ,senate ,report #aad-gi1 while also considering whether the project involves important foreign policy objectives4 7#d7 ,of the funds appropriated under title ,,iii of this ,act1 not less than #ace1jjj1jjj shall be made available for sustainable landscapes programs4 7#e7 ,of the funds appropriated under title ,,iii of this ,act1 not less than #agg1jjj1jjj shall be made available for adaptation programs1 including in support of the implementation of the ,indo-,pacific ,strategy4 7#f7 ,of the funds appropriated under title ,,iii of this ,act1 not less than #agi1jjj1jjj shall be made available for renewable energy programs1 including in support of carrying out the purposes of the ,electrify ,africa ,act 7,public ,law #aad-aba7 and implementation of the ,power ,africa initiative4 7#g7 ,of the funds appropriated under title ,,iii of this ,act1 not less than #ge1jjj1jjj shall be made available for programs to address ocean plastic pollution and other marine debris1 including technical assistance for waste management3 ,provided1 ,that the ,secretary of ,state1 in consultation with the ,secretary of the ,treasury1 the ,,usaid ,administrator1 and the heads of other relevant ,federal agencies1 shall seek to enter into negotiations with key bilateral and multilateral donors1 including the ,world ,bank1 to establish a new multilateral fund for ocean plastic pollution and other marine debris3 ,provided further1 ,that such funds may be made available for a contribution to such new fund1 and for a ,,usaid-administered multi-donor fund for such purposes3 ,provided further1 ,that such funds are in addition to amounts otherwise made available by this ,act for such purposes3 ,provided further1 ,that such funds may only be made available following consultation with the ,committees on ,appropriations4 7d7 ,food security and agricultural development ,of the funds appropriated by title ,,iii of this ,act1 not less than #a1jaj1fjj1jjj shall be made available for food security and agricultural development programs to carry out the purposes of the ,global ,food ,security ,act of #bjaf 7,public ,law #aad-aie73 ,provided1 ,that funds may be made available for a contribution as authorized by section #cbjb of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7,public ,law #aaj-bdf71 as amended by section #ccaj of the ,agriculture ,improvement ,act of #bjah 7,public ,law #aae-ccd74 7e7 ,micro1 small1 and medium-sized enterprises ,of the funds appropriated by this ,act1 not less than #bfe1jjj1jjj shall be made available to support the development of1 and access to financing for1 micro1 small1 and medium-sized enterprises that benefit the poor1 especially women4 7f7 ,programs to combat trafficking in persons ,of the funds appropriated by this ,act under the headings ,development ,assistance1 ,economic ,support ,fund1 ,assistance for ,europe1 ,eurasia and ,central ,asia1 and ,international ,narcotics ,control and ,law ,enforcement1 not less than #ii1jjj1jjj shall be made available for activities to combat trafficking in persons internationally1 including for the ,program to ,end ,modern ,slavery1 of which not less than #gg1jjj1jjj shall be from funds made available under the heading ,international ,narcotics ,control and ,law ,enforcement3 ,provided1 ,that funds made available by this ,act under the headings ,development ,assistance1 ,economic ,support ,fund1 and ,assistance for ,europe1 ,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 ,report1 and shall be coordinated with the ,office to ,monitor and ,combat ,trafficking in ,persons1 ,department of ,state4 7g7 ,reconciliation programs ,of the funds appropriated by this ,act under the heading ,development ,assistance1 not less than #be1jjj1jjj shall be made available to support people-to-people reconciliation programs which bring together individuals of different ethnic1 religious1 and political backgrounds from areas of civil strife and war3 ,provided1 ,that the ,,usaid ,administrator shall consult with the ,committees on ,appropriations1 prior to the initial obligation of funds1 on the uses of such funds1 and such funds shall be subject to the regular notification procedures of the ,committees on ,appropriations3 ,provided further1 ,that to the maximum extent practicable1 such funds shall be matched by sources other than the ,united ,states ,government3 ,provided further1 ,that such funds shall be administered by the ,office of ,conflict ,management and ,mitigation1 ,,usaid4 7h7 ,water and sanitation ,of the funds appropriated by this ,act1 not less than #dej1jjj1jjj shall be made available for water supply and sanitation projects pursuant to section #acf of the ,foreign ,assistance ,act of #aifa1 of which not less than #bbe1jjj1jjj shall be for programs in sub-,saharan ,africa1 and of which not less than #ae1jjj1jjj shall be made available to support initiatives by local communities in developing countries to build and maintain safe latrines4 ,,budget ,,documents #gjfa4 7a7 ,operating plans ,not later than #de days after enactment of this ,act1 each department1 agency1 or organization funded in titles ,i1 ,,ii1 and ,,vi of this ,act1 and the ,department of the ,treasury and ,independent ,agencies funded in title ,,iii of this ,act1 including the ,inter-,american ,foundation and the ,united ,states ,african ,development ,foundation1 shall submit to the ,committees on ,appropriations an operating plan for funds appropriated to such department1 agency1 or organization in such titles of this ,act1 or funds otherwise available for obligation in fiscal year #bjba1 that provides details of the uses of such funds at the program1 project1 and activity level3 ,provided1 ,that such plans shall include1 as applicable1 a comparison between the congressional budget justification funding levels1 the most recent congressional directives or approved funding levels1 and the funding levels proposed by the department or agency2 and a clear1 concise1 and informative description_/justification3 ,provided further1 ,that operating plans that include changes in levels of funding for programs1 projects1 and activities specified in the congressional budget justification1 in this ,act1 or amounts specifically designated in the respective tables included in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act71 as applicable1 shall be subject to the notification and reprogramming requirements of section #gjae of this ,act4 7b7 ,spend plans 7#a7 ,not later than #ij days after enactment of this ,act1 the ,secretary of ,state or ,administrator of the ,united ,states ,agency for ,international ,development1 as appropriate1 shall submit to the ,committees on ,appropriations a spend plan for funds made available by this ,act1 for-- 7,a7 assistance for ,afghanistan1 ,iraq1 ,lebanon1 ,pakistan1 ,syria1 ,colombia1 and countries in ,central ,america2 7,b7 assistance made available pursuant to section #gjdg7;d7 of this ,act to counter ,russian influence and aggression1 except that such plan shall be on a country-by-country basis2 7,c7 assistance made available pursuant to section #gjei of this ,act2 7,d7 the ,indo-,pacific ,strategy and the ,countering ,chinese ,influence ,fund2 7,e7 democracy programs1 the ,power ,africa and ,prosper ,africa initiatives1 and sectors enumerated in subsections 7a71 7c71 7d71 7e71 7f71 7g7 and 7h7 of section #gjfj of this ,act2 7,f7 funds provided under the heading ,international ,narcotics ,control and ,law ,enforcement for ,international ,organized ,crime and for ,cybercrime and ,intellectual ,property ,rights3 ,provided1 ,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 country2 and 7,g7 the regional security initiatives described under this heading in section #gjej in ,senate ,report #aaf-abf4 7#b7 ,not later than #ij days after enactment of this ,act1 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 ,treasury1 ,international ,affairs ,technical ,assistance in title ,,iii4 7c7 ,clarification ,the spend plans referenced in subsection 7b7 shall not be considered as meeting the notification requirements in this ,act or under section #fcd;,a of the ,foreign ,assistance ,act of #aifa4 7d7 ,congressional budget justification 7#a7 ,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 #bjbb3 ,provided1 ,that the appendices for such justification shall be provided to the ,committees on ,appropriations not later than #aj calendar days thereafter4 7#b7 ,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 ,expenses4 ,,reorganization #gjfb4 7a7 ,oversight 7#a7 ,prior consultation and notification ,funds appropriated by this ,act1 prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs1 or any other ,act may not be used to implement a reorganization1 redesign1 or other plan described in paragraph 7#b7 by the ,department of ,state1 the ,united ,states ,agency for ,international ,development1 or any other ,federal department1 agency1 or organization funded by this ,act without prior consultation by the head of such department1 agency1 or organization with the appropriate congressional committees3 ,provided1 ,that such funds shall be subject to the regular notification procedures of the ,committees on ,appropriations3 ,provided further1 ,that any such notification submitted to such ,committees shall include a detailed justification for any proposed action1 including the information specified under section #gjgc of the joint explanatory statement accompanying the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjai 7division ,f of ,public ,law #aaf-f73 ,provided further1 ,that congressional notifications submitted in prior fiscal years pursuant to similar provisions of law in prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs may be deemed to meet the notification requirements of this section4 7#b7 ,description of activities ,pursuant to paragraph 7#a71 a reorganization1 redesign1 or other plan shall include any action to-- 7,a7 expand1 eliminate1 consolidate1 or downsize covered departments1 agencies1 or organizations1 including bureaus and offices within or between such departments1 agencies1 or organizations1 including the transfer to other agencies of the authorities and responsibilities of such bureaus and offices2 7,b7 expand1 eliminate1 consolidate1 or downsize the ,united ,states official presence overseas1 including at bilateral1 regional1 and multilateral diplomatic facilities and other platforms2 or 7,c7 expand or reduce the size of the permanent ,civil ,service1 ,foreign ,service1 eligible family member1 and locally employed staff workforce of the ,department of ,state and ,,usaid from the levels specified in sections #gjfc7;d7 and #gjfd7;i7 of this ,act4 7b7 ,additional requirements and limitations 7#a7 ,bureau of population1 refugees1 and migration1 department of state ,none of the funds appropriated by this ,act1 prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs1 or any other ,act may be used to downsize1 downgrade1 consolidate1 close1 move1 or relocate the ,bureau of ,population1 ,refugees1 and ,migration1 ,department of ,state1 or any activities of such ,bureau1 to another ,federal agency4 7#b7 ,administration of funds ,funds made available by this ,act-- 7,a7 under the heading ,migration and ,refugee ,assistance shall be administered by the ,assistant ,secretary for ,population1 ,refugees1 and ,migration1 ,department of ,state1 and this responsibility shall not be delegated2 and 7,b7 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 ,issues1 ,department of ,state1 and this responsibility shall not be delegated4 ,,department ,,of ,,state ,,management #gjfc4 7a7 ,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 7,,fadr7 and the ,office of ,inspector ,general 7,,oig7 report entitled ,department ,financial ,systems ,are ,insufficient to ,track and ,report on ,foreign ,assistance ,funds3 ,provided1 ,that such funds may not be obligated for enhancements to1 or expansions of1 the ,budget ,system ,modernization ,financial ,system1 ,central ,resource ,management ,system1 ,joint ,financial ,management ,system1 or ,foreign ,assistance ,coordination and ,tracking ,system until such updated plan is submitted to the ,committees on ,appropriations3 ,provided further1 ,that such funds may not be obligated for new1 or expansion of existing1 ad hoc electronic systems to track commitments1 obligations1 or expenditures of funds unless the ,secretary of ,state1 following consultation with the ,chief ,information ,officer of the ,department of ,state1 has reviewed and certified that such new system or expansion is consistent with the ,,fadr and ,,oig recommendations3 ,provided further1 ,that not later than #de days after enactment of this ,act1 the ,secretary of ,state shall submit to the ,committees on ,appropriations an update to the plan required under section #gjjf of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjag 7division ,j of ,public ,law #aae-ca7 for implementing the ,,fadr and ,,oig recommendations4 7b7 ,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 ,justification1 ,department of ,state1 ,foreign ,operations1 and ,related ,programs1 ,fiscal ,year #bjba3 ,provided1 ,that the amounts for such service centers shall be the amounts included in such budget justification1 except as provided in section #gjae7;b7 of this ,act3 ,provided further1 ,that ,federal agency components shall be charged only for their direct usage of each ,working ,capital ,fund service3 ,provided further1 ,that prior to increasing the percentage charged to ,department of ,state bureaus and offices for procurement-related activities1 the ,secretary of ,state shall include the proposed increase in the ,department of ,state budget justification or1 at least #fj days prior to the increase1 provide the ,committees on ,appropriations a justification for such increase1 including a detailed assessment of the cost and benefit of the services provided by the procurement fee3 ,provided further1 ,that ,federal agency components may only pay for ,working ,capital ,fund services that are consistent with the purpose and authorities of such components3 ,provided further1 ,that the ,working ,capital ,fund shall be paid in advance or reimbursed at rates which will return the full cost of each service4 7c7 ,certification 7#a7 ,compliance ,not later than #de 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 funds1 the ,secretary of ,state shall certify and report to the ,committees on ,appropriations1 on an individual bureau or office basis1 that such bureau or office is in compliance with ,department and ,federal financial and grants management policies1 procedures1 and regulations1 as applicable4 7#b7 ,considerations ,when making a certification required by paragraph 7#a71 the ,secretary of ,state shall consider the capacity of a bureau or office to-- 7,a7 account for the obligated funds at the country and program level1 as appropriate2 7,b7 identify risks and develop mitigation and monitoring plans2 7,c7 establish performance measures and indicators2 7,d7 review activities and performance2 and 7,e7 assess final results and reconcile finances4 7#c7 ,plan ,if the ,secretary of ,state is unable to make a certification required by paragraph 7#a71 the ,secretary shall submit a plan and timeline detailing the steps to be taken to bring such bureau or office into compliance4 7d7 ,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 #bjbj operating plan4 7e7 ,information technology platform 7#a7 ,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 7,,it7 investment without the concurrence of the ,chief ,information ,officer1 ,department of ,state4 7#b7 ,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 unless1 not later than #ae days in advance of submitting the project proposal to the ,board1 the head of the agency-- 7,a7 notifies the ,committees on ,appropriations of the proposed submission of the project proposal2 and 7,b7 submits to the ,committees on ,appropriations a copy of the project proposal4 7#c7 ,none of the funds appropriated in title ,i of this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 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-- 7,a7 submits to the ,committees on ,appropriations a copy of the approved project proposal1 including the terms of reimbursement of funding received for the project2 and 7,b7 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 ,board4 ,,united ,,states ,,agency ,,for ,,international ,,development ,,management #gjfd4 7a7 ,authority ,up to #aaj1jjj1jjj 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 #aifa1 including funds appropriated under the heading ,assistance for ,europe1 ,eurasia and ,central ,asia1 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 #cjh and #cji of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cidh and #cidi74 7b7 ,restriction ,the authority to hire individuals contained in subsection 7a7 shall expire on ,september #cj1 #bjbb4 7c7 ,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 relate3 ,provided1 ,that funds made available to carry out this section may be transferred to1 and merged with1 funds appropriated by this ,act in title ,,ii under the heading ,operating ,expenses4 7d7 ,foreign service limited extensions ,individuals hired and employed by ,,usaid1 with funds made available in this ,act or prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs1 pursuant to the authority of section #cji of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cidi71 may be extended for a period of up to #d years notwithstanding the limitation set forth in such section4 7e7 ,disaster surge capacity ,funds appropriated under title ,,iii of this ,act to carry out part ,i of the ,foreign ,assistance ,act of #aifa1 including funds appropriated under the heading ,assistance for ,europe1 ,eurasia and ,central ,asia1 may be used1 in addition to funds otherwise available for such purposes1 for the cost 7including the support costs7 of individuals detailed to or employed by ,,usaid whose primary responsibility is to carry out programs in response to natural disasters1 or man-made disasters subject to the regular notification procedures of the ,committees on ,appropriations4 7f7 ,personal services contractors ,funds appropriated by this ,act to carry out chapter #a of part ,i1 chapter #d of part ,,ii1 and section #ffg of the ,foreign ,assistance ,act of #aifa1 and title ,,ii of the ,food for ,peace ,act 7,public ,law #hc-dhj2 #g ,u4,s4,c4 #agba et seq471 may be used by ,,usaid to employ up to #dj personal services contractors in the ,united ,states1 notwithstanding any other provision of law1 for the purpose of providing direct1 interim support for new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained3 ,provided1 ,that not more than #ae of such contractors shall be assigned to any bureau or office3 ,provided further1 ,that such funds appropriated to carry out title ,,ii of the ,food for ,peace ,act 7,public ,law #hc-dhj2 #g ,u4,s4,c4 #agba et seq471 may be made available only for personal services contractors assigned to the ,bureau for ,humanitarian ,assistance4 7g7 ,small business ,in entering into multiple award indefinite-quantity contracts with funds appropriated by this ,act1 ,,usaid may provide an exception to the fair opportunity process for placing task orders under such contracts when the order is placed with any category of small or small disadvantaged business4 7h7 ,senior foreign service limited appointments ,individuals hired pursuant to the authority provided by section #gjei7o7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjaj 7division ,f of ,public ,law #aaa-aag7 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 ,state1 foreign operations1 and related programs4 7i7 ,personnel levels ,funds made available by this ,act under the heading ,operating ,expenses are made available to support not less than #a1hej permanent ,foreign ,service ,officers and #a1fjj permanent ,civil ,service staff4 ,,stabilization ,,and ,,development ,,in ,,regions ,,impacted ,,by ,,extremism ,,and ,,conflict #gjfe4 7a7 ,prevention and stabilization fund 7#a7 ,funds and transfer authority ,of the funds appropriated by this ,act under the headings ,economic ,support ,fund1 ,international ,narcotics ,control and ,law ,enforcement1 ,nonproliferation1 ,anti-terrorism1 ,demining and ,related ,programs1 ,peacekeeping ,operations1 and ,foreign ,military ,financing ,program1 not less than #ajj1jjj1jjj shall be made available for the purposes of the ,prevention and ,stabilization ,fund1 as authorized by1 and for the purposes enumerated in1 section #eji7;a7 of the ,global ,fragility ,act of #bjai 7title ,v of division ,j of ,public ,law #aaf-id71 of which #be1jjj1jjj may be made available for the ,multi-,donor ,global ,fragility ,fund authorized by section #eaj7;c7 of such ,act3 ,provided1 ,that such funds appropriated under such headings may be transferred to1 and merged with1 funds appropriated under such headings3 ,provided further1 ,that such transfer authority is in addition to any other transfer authority provided by this ,act or any other ,act1 and is subject to the regular notification procedures of the ,committees on ,appropriations4 7#b7 ,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 ,fund1 not less than #aj1jjj1jjj shall be made available for programs to promote accountability for genocide1 crimes against humanity1 and war crimes1 including in ,iraq and ,syria1 which shall be in addition to any other funds made available by this ,act for such purposes3 ,provided1 ,that such programs shall include components to develop local investigative and judicial skills1 and to collect and preserve evidence and maintain the chain of custody of evidence1 including for use in prosecutions1 and may include the establishment of1 and assistance for1 transitional justice mechanisms3 ,provided further1 ,that such funds shall be administered by the ,special ,coordinator for the ,office of ,global ,criminal ,justice1 ,department of ,state3 ,provided further1 ,that funds made available by this paragraph shall be made available on an open and competitive basis4 7b7 ,global fragility act implementation ,funds appropriated by this ,act shall be made available to implement the ,global ,fragility ,act of #bjai 7title ,v of division ,j of ,public ,law #aaf-id73 ,provided1 ,that not later than #ahj days after enactment of this ,act1 the ,secretary of ,state1 in consultation with the ,administrator of the ,united ,states ,agency for ,international ,development1 shall submit a spend plan to the ,committees on ,appropriations detailing the use of funds made available by this ,act for such purposes4 7c7 ,global community engagement and resilience fund ,funds appropriated by this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs under the heading ,economic ,support ,fund may be made available to the ,global ,community ,engagement and ,resilience ,fund 7,,gcerf71 including as a contribution3 ,provided1 ,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 ,government1 to the maximum extent practicable1 and shall be subject to the regular notification procedures of the ,committees on ,appropriations4 7d7 ,global concessional financing facility ,of the funds appropriated by this ,act under the heading ,economic ,support ,fund1 #be1jjj1jjj shall be made available for the ,global ,concessional ,financing ,facility of the ,world ,bank to provide financing to support refugees and host communities3 ,provided1 ,that such funds shall be in addition to funds allocated for bilateral assistance in the report required by section #fec7;a7 of the ,foreign ,assistance ,act of #aifa1 and may only be made available subject to prior to consultation with the ,committees on ,appropriations3 ,provided further1 ,that such funds may be transferred to the ,department of the ,treasury4 ,,disability ,,programs #gjff4 7a7 ,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 countries1 including initiatives that focus on independent living1 economic self-sufficiency1 advocacy1 education1 employment1 transportation1 sports1 political and electoral participation1 and integration of individuals with disabilities1 including for the cost of translation4 7b7 ,management1 oversight1 and technical support ,of the funds made available pursuant to this section1 #e percent may be used by ,,usaid for management1 oversight1 and technical support4 ,,debt-,,for-,,development #gjfg4 ,in order to enhance the continued participation of nongovernmental organizations in debt-for-development and debt-for-nature exchanges1 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 and1 subject to the regular notification procedures of the ,committees on ,appropriations1 any interest earned on such investment shall be used for the purpose for which the assistance was provided to that organization4 ,,enterprise ,,funds #gjfh4 7a7 ,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 #ae days in advance4 7b7 ,distribution of assets plan ,prior to the distribution of any assets resulting from any liquidation1 dissolution1 or winding up of an ,enterprise ,fund1 in whole or in part1 the ,president shall submit to the appropriate congressional committees a plan for the distribution of the assets of the ,enterprise ,fund4 7c7 ,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 ,fund1 the ,president shall submit such transition or operating plan to the appropriate congressional committees4 ,,extension ,,of ,,consular ,,fees ,,and ,,related ,,authorities #gjfi4 7a7 ,section #a7;b77#a7 of the ,passport ,act of ,june #d1 #aibj 7#bb ,u4,s4,c4 #bad7;b77#a77 shall be applied through fiscal year #bjba by substituting the costs of providing consular services for such costs4 7b7 ,section #bajji of the ,emergency ,appropriations for ,coronavirus ,health ,response and ,agency ,operations 7division ,b of ,public ,law #aaf-acf2 #acd ,stat4 #eib7 is amended by striking fiscal year #bjbj and inserting fiscal years #bjbj and #bjba4 7c7 ,discretionary amounts made available to the ,department of ,state under the heading ,administration of ,foreign ,affairs of this ,act1 and discretionary unobligated balances under such heading from prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs1 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 operations1 following consultation with such ,committees3 ,provided1 ,that such transfer authority is in addition to any transfer authority otherwise available in this ,act and under any other provision of law3 ,provided further1 ,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 #bea7;b77#b77;,a7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 7d7 ,in addition to the uses permitted pursuant to section #bhf7v77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7v77#b77;,a771 for fiscal year #bjba1 the ,secretary of ,state may also use fees deposited into the ,fraud ,prevention and ,detection ,account for the costs of providing consular services4 7e7 ,amounts provided pursuant to subsections 7a71 7b71 and 7d7 are designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,protective ,,services #gjgj4 ,of the funds appropriated under the heading ,diplomatic ,programs by this ,act and prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs1 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 #aihe1 up to #ae1jjj1jjj may be made available to provide protective services to former or retired senior ,department of ,state officials or employees that the ,secretary of ,state1 in consultation with the ,director of ,national ,intelligence1 determines and reports to congressional leadership and the appropriate congressional committees1 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 ,department3 ,provided1 ,that such determination shall include a justification for the provision of protective services by the ,department1 including the identification of the specific nature of the threat and the anticipated duration of such services provided1 which may be submitted in classified form1 if necessary3 ,provided further1 ,that such protective services shall be consistent with other such services performed by the ,bureau of ,diplomatic ,security under #bb ,u4,s4,c4 #bgji for ,department officials1 and shall be made available for an initial period of not more than #ahj days1 which may be extended for additional consecutive periods of #fj days upon a subsequent determination by the ,secretary that the specific threat persists3 ,provided further1 ,that not later than #de days after enactment of this ,act and quarterly thereafter1 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 case-by-case basis1 which may be submitted in classified form1 if necessary3 ,provided further1 ,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 ,secretary1 ,special ,representative1 or ,senior ,advisor level1 or in a comparable or more senior position1 and has separated from service at the ,department3 ,provided further1 ,that funds made available pursuant to this section are in addition to amounts otherwise made available for such purposes3 ,provided further1 ,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 #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe are designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of such ,act4 ,,rescissions 7,,including ,,rescissions ,,of ,,funds7 #gjga4 7a7 ,overseas ,contingency operations rescissions 7#a7 ,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 ,assistance ,appropriations ,act1 #bjag 7division ,b of ,public ,law #aad-bed71 #cfj1abc1jjj are rescinded4 7#b7 ,peacekeeping operations ,of the unobligated balances from amounts made available under the heading ,peacekeeping ,operations from prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs and designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 #dj1jjj1jjj are rescinded4 7#c7 ,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 ,state1 foreign operations1 and related programs and designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 #be1jjj1jjj are rescinded4 7#d7 ,designation ,for the purposes of this subsection1 funds that were previously designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe are designated by the ,congress for ,overseas ,contingency ,operations_/,global ,war on ,terrorism pursuant to section #bea7;b77#b77;,a77ii7 of such ,act4 7b7 ,additional rescissions 7#a7 ,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 ,state1 foreign operations1 and related programs1 #ge1jjj1jjj are rescinded4 7#b7 ,peace corps ,of the unobligated balances from amounts made available under the heading ,peace ,corps from prior ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs1 #cj1jjj1jjj are rescinded4 7#c7 ,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 ,state1 foreign operations1 and related programs1 #ej1daa1jjj are rescinded4 7#d7 ,limitation ,for the purposes of this subsection1 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 #aihe4 ,,viii ,,nita ,m4 ,,lowey ,,middle ,,east ,,partnership ,,for ,,peace ,,act ,,of #bjbj ,,short ,,title #hjja4 ,this title may be cited as the ,nita ,m4 ,lowey ,middle ,east ,partnership for ,peace ,act of #bjbj4 ,,findings #hjjb4 ,congress finds the following3 7#a7 ,economic development in conflict settings has been shown to support stabilization by empowering entrepreneurs1 growing the middle class1 and mitigating unemployment4 7#b7 ,in #bjah1 unemployment in the ,palestinian territories was #cb4d percent4 ,gross ,domestic ,product 7,,gdp7 growth in the ,palestinian territories declined from #bjag to #bjai1 and it is projected to further decline in #bjbj4 7#c7 ,according to the ,world ,bank ,ad ,hoc ,liaison ,committee's ,april #bjai ,economic ,monitoring ,report1 to achieve sustainable economic growth1 in the ,palestinian territories1 growth and job creation going forward will need to be private sector driven4 7#d7 ,according to the #bjah ,joint ,strategic ,plan of the ,department of ,state and the ,united ,states ,agency for ,international ,development1 assistance can help prevent new recruitment to terrorist organizations1 reduce levels of violence1 promote legitimate governance structures that strengthen inclusion1 and reduce policies that marginalize communities4 7#e7 ,although economic development is an important tool for stabilizing conflict-prone settings and establishing connections between communities1 economic development by itself will not lead to lasting peace4 ,people-to-people peace-building programs further advance reconciliation efforts by promoting greater understanding1 mutual trust1 and cooperation between communities4 7#f7 ,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 conflict1 such efforts require broad popular support among the people on the ground to succeed4 7#g7 ,achieving sustainable1 high-level agreements for lasting peace in the ,middle ,east must come through1 and with the support of1 the people who live there1 and the ,united ,states and its international partners can help the people of the region build popular support for sustainable agreements for lasting peace4 ,,sense ,,of ,,congress #hjjc4 ,it is the sense of ,congress that-- 7#a7 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 democratic1 ,jewish state of ,israel and a demilitarized1 democratic ,palestinian state living side-by-side in peace1 security1 and mutual recognition2 7#b7 ,united ,states and international support for grassroots1 people-to-people efforts aimed at fostering tolerance1 and building support for such solution1 can help counter extremist propaganda and the growing issue of incitement2 7#c7 strengthening engagement between ,palestinians and ,israelis1 including through people-to-people peace-building programs can increase the bonds of friendship and understanding2 7#d7 investing in the development of the ,palestinian economy and in joint economic ventures can advance multiple sectors to the benefit of local1 regional1 and global parties2 and 7#e7 ,congress encourages cooperation between ,palestinian1 ,american1 and ,israeli business sectors in order to benefit the ,palestinian1 ,american1 and ,israeli peoples and economies4 ,,people-,,to-,,people ,,partnership ,,for ,,peace ,,fund #hjjd4 ,chapter #d of part ,,ii of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcdf et seq47 is amended by adding at the end the following3 #ece ,people-to-,people ,partnership for ,peace ,fund 7a7 ,establishment ,beginning on the date that is one year after the date of enactment of this section1 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 solution4 ,the program established under this subsection shall be known as the ,people-to-,people ,partnership for ,peace ,fund 7referred to in this section as the ,fund74 7b7 ,eligibility for ,support ,in providing funding for projects through the ,fund1 the ,administrator may provide support for qualified organizations1 prioritizing those organizations that seek to build better cooperation between ,israelis and ,palestinians1 including ,palestinian organizations1 ,israeli organizations1 and international organizations that bring ,israelis and ,palestinians together4 7c7 ,additional eligibility for support ,in providing funding for projects through the ,fund1 the ,administrator may additionally provide support to qualified organizations that further shared community building1 peaceful co-existence1 dialogue1 and reconciliation between ,arab and ,jewish citizens of ,israel4 7d7 ,contributions ,the ,administrator-- 7#a7 is encouraged to work with foreign governments and international organizations to leverage the impact of ,united ,states resources and achieve the objectives of this section2 and 7#b7 is authorized to accept contributions for the purposes of the ,fund1 consistent with subsection 7d7 of section #fce4 7e7 ,advisory ,board 7#a7 ,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 ,fund4 7#b7 ,membership 7,a7 ,in ,general ,subject to subparagraph 7,b71 the advisory board shall be composed of #ac members1 none of whom may be ,members of ,congress1 who shall be appointed for renewable periods of #c years1 as follows3 7i7 ,one member to serve as chair1 appointed by the ,administrator1 in consultation with the ,secretary of ,state4 7ii7 ,one member appointed by the chair1 and one member appointed by the ranking member1 of the ,committee on ,foreign ,relations of the ,senate4 7iii7 ,one member appointed by the chair1 and one member appointed by the ranking member1 of the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7iv7 ,one member appointed by the chair1 and one member appointed by the ranking member1 of the ,committee on ,appropriations of the ,senate4 7v7 ,one member appointed by the chair1 and one member appointed by the ranking member1 of the ,committee on ,appropriations of the ,house of ,representatives4 7vi7 ,one member appointed by the majority leader1 and one member appointed by the minority leader1 of the ,senate4 7vii7 ,one member appointed by the ,speaker1 and one member appointed by the minority leader1 of the ,house of ,representatives4 7,b7 ,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 #c years4 7,c7 ,qualifications ,members of the advisory board shall have demonstrated regional expertise and experience and expertise in conflict mitigation and people-to-people programs1 and shall not receive compensation on account of their service on the advisory board4 7f7 ,,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 ,fund4 7g7 ,coordination ,the ,administrator shall coordinate with the ,secretary of ,state in carrying out the provisions of this section4 4 ,,joint ,,investment ,,for ,,peace ,,initiative #hjje4 7a7 ,establishment ,beginning on the date that is #ahj days after the date of the enactment of this ,act1 the ,chief ,executive ,officer of the ,united ,states ,international ,development ,finance ,corporation 7referred to in this section as the ,chief ,executive ,officer and the ,corporation1 respectively7 is authorized to establish a program to provide investments in1 and support to1 entities that carry out projects that contribute to the development of the ,palestinian private sector economy in the ,west ,bank and ,gaza4 ,the program established under this subsection shall be known as the ,joint ,investment for ,peace ,initiative 7referred to in this section as the ,initiative7 and shall be subject to all existing terms1 conditions1 restrictions1 oversight requirements1 and applicable provisions of law1 including the ,better ,utilization of ,investments ,leading to ,development ,act of #bjah 7#bb ,u4,s4,c4 #ifaa et seq71 including through strict adherence to the less-developed country focus under section #adab7;c7 of such ,act4 7b7 ,participation ,requirement ,in carrying out the ,initiative1 the ,chief ,executive ,officer shall ensure participation by small and medium-sized enterprises owned by ,palestinians1 which may include the technology sector1 the agriculture sector1 and other high value-added or emerging industries4 7c7 ,priority ,in carrying out the ,initiative1 the ,chief ,executive ,officer shall prioritize support to projects that increase economic cooperation between ,israelis and ,palestinians4 7d7 ,use of ,existing ,authorities ,in carrying out the ,initiative1 the ,chief ,executive ,officer shall utilize the authorities under section #adba of the ,better ,utilization of ,investments ,leading to ,development ,act of #bjah 7#bb ,u4,s4,c4 #ifba71 including to-- 7#a7 select a manager of the ,initiative2 7#b7 oversee and direct the operation of the ,initiative consistent with such ,act and other provisions of law2 7#c7 provide the ,initiative with loans1 guaranties1 equity1 and insurance1 as appropriate1 to enable the ,initiative to attract private investment2 7#d7 support the private sector in entering into joint ventures between ,palestinian and ,israeli entities2 and 7#e7 carry out the purposes of the ,initiative consistent with the provisions of this section and other applicable provisions of law4 7e7 ,annual ,report 7#a7 ,in general ,not later than ,december #ca1 #bjba1 and each ,december #ca thereafter until ,december #ca1 #bjca1 the ,chief ,executive ,officer shall submit to the appropriate congressional committees a report that describes the following3 7,a7 ,the extent to which the ,initiative has contributed to promoting and supporting ,palestinian economic development4 7,b7 ,the extent to which the ,initiative has contributed to greater integration of the ,palestinian economy into the international rules-based business system4 7,c7 ,the extent to which projects that increase economic cooperation between ,palestinians and ,israelis and between ,palestinians and ,americans have been prioritized1 including through support to the private sector to enter into joint ventures4 7,d7 ,information on the following3 7i7 ,investments received and provided through the ,initiative4 7ii7 ,the mechanisms established for transparency and accountability of investments provided through the ,initiative4 7,e7 ,the extent to which entities supported by the ,initiative have impacted the efficacy of people-to-people programs4 7,f7 ,to the extent practicable1 an assessment of the sustainability of commercial endeavors that receive support from the ,initiative4 7,g7 ,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 #hjjf7;b7 of this ,act4 7#b7 ,form ,the reports required under this subsection shall be submitted in unclassified form1 without the designation ,for ,official ,use ,only or any related or successor designation1 but may be accompanied by a classified annex4 7f7 ,termination 7#a7 ,in general ,the ,initiative shall terminate at the end of the fiscal year that is #aj years after the date on which the ,chief ,executive ,officer makes the first investment under the ,initiative4 7#b7 ,exception ,the ,chief ,executive ,officer is authorized to continue to manage investments made under the ,initiative on and after the date specified in paragraph 7#a74 7g7 ,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 section4 ,,limitations1 ,,vetting1 ,,coordination1 ,,and ,,oversight #hjjf4 7a7 ,limitations ,none of the funds made available to carry out this title1 or any amendment made by this title1 may be used to provide-- 7#a7 financial assistance to the national government of any foreign country2 7#b7 assistance for-- 7,a7 any individual or group the ,secretary of ,state determines to be involved in1 or advocating1 terrorist activity2 or 7,b7 any individual who is a member of a foreign terrorist organization 7as designated pursuant to section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi772 or 7#c7 assistance for the ,palestinian ,authority or the ,palestine ,liberation ,organization4 7b7 ,applicable ,regulations ,assistance made available under this title1 and any amendment made by this title1 shall adhere to the mission directives and vetting practices for assistance for the ,west ,bank and ,gaza1 as set forth by the ,united ,states ,agency for ,international ,development4 7c7 ,coordination 7#a7 ,the ,chief ,executive ,officer of the ,united ,states ,international ,development ,finance ,corporation1 acting through the ,chief ,development ,officer of such ,corporation1 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 section4 7#b7 ,to the extent practicable1 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 ,people-to-,people ,partnership for ,peace ,fund and the ,joint ,investment for ,peace ,initiative4 7d7 ,report 7#a7 ,in general ,not later than #ij 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 effect1 and annually thereafter1 the ,administrator of the ,united ,states ,agency for ,international ,development and the ,chief ,executive ,officer of the ,united ,states ,international ,development ,finance ,corporation shall1 in coordination with the ,secretary of ,state1 jointly submit to the appropriate congressional committees a report in writing that describes-- 7,a7 7i7 lessons learned and best practices developed from funding for projects under the ,people-to-,people ,partnership for ,peace ,fund during the prior fiscal year2 and 7ii7 the extent to which such projects have contributed to the purposes of the ,people-to-,people ,partnership for ,peace ,fund2 7,b7 7i7 lessons learned and best practices developed from investments provided under the ,joint ,investment for ,peace ,initiative during the prior fiscal year2 and 7ii7 the extent to which such investments have contributed to the purposes of the ,joint ,investment for ,peace ,initiative2 and 7,c7 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 ,initiative4 7#b7 ,consultation ,the ,administrator of the ,united ,states ,agency for ,international ,development1 in consultation with the ,secretary of ,state1 shall consult with the advisory board established by subsection 7e7 of section #ece of the ,foreign ,assistance ,act of #aifa 7as added by section #hjjd of this ,act7 to inform the reports required by paragraph 7#a74 ,,appropriate ,,congressional ,,committees ,,defined #hjjg4 ,in this title1 the term appropriate congressional committees has the meaning given that term in section #adjb of the ,better ,utilization of ,investments ,leading to ,development ,act of #bjah 7#bb ,u4,s4,c4 #ifja74 ,,authorization ,,of ,,appropriations #hjjh4 7a7 ,in ,general ,there is authorized to be appropriated to carry out this title1 and the amendments made by this title1 #ej1jjj1jjj for each of the first #e fiscal years beginning after the date of the enactment of this ,act4 7b7 ,consultation requirement ,not later than #ij days after enactment of this ,act1 and prior to the obligation of funds made available to implement this title1 the ,administrator of the ,united ,states ,agency for ,international ,development and the ,chief ,executive ,officer of the ,united ,states ,international ,development ,finance ,corporation1 in coordination with the ,secretary of ,state1 shall consult with the ,committees on ,appropriations on the proposed uses of funds4 7c7 ,administrative ,expenses ,not more than #e percent of amounts authorized to be appropriated by subsection 7a7 for a fiscal year should be made available for administrative expenses to carry out section #ece of the ,foreign ,assistance ,act of #aifa 7as added by section #hjjd of this ,act74 7d7 ,availability ,amounts authorized to be appropriated by subsection 7a7 for a fiscal year are authorized to remain available for such fiscal year and the subsequent #d fiscal years4 ,,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 ,programs1 #cjj1jjj1jjj1 to remain available until expended1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 which shall be for offsetting losses resulting from the coronavirus pandemic of fees and surcharges collected and deposited into the account pursuant to section #gjha of division ,j of ,public ,law #aae-ca3 ,provided1 ,that funds made available under this heading in this ,act shall be in addition to any other funds made available for this purpose3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,sudan ,,claims ,for necessary expenses to carry out section #g of the ,sudan ,claims ,resolution ,act1 notwithstanding any other provision of law1 #aej1jjj1jjj1 to remain available until expended3 ,provided1 ,that any unexpended balances remaining following the distributions described in section #g7;b77#a7 of the ,sudan ,claims ,resolution ,act that are determined by the ,secretary of ,state1 not later than ,september #cj1 #bjcj1 and at the close of each fiscal year thereafter1 to be excess to the needs of such distributions1 shall be returned to the general fund of the ,treasury3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,bilateral ,,economic ,,assistance ,funds appropriated to the president ,,global ,,health ,,programs ,for an additional amount for ,global ,health ,programs1 #d1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 to prevent1 prepare for1 and respond to coronavirus1 including for vaccine procurement and delivery3 ,provided1 ,that such funds shall be administered by the ,administrator of the ,united ,states ,agency for ,international ,development and shall be made available as a contribution to ,the ,,gavi ,alliance3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,economic ,,support ,,fund ,for an additional amount for ,economic ,support ,fund1 #gjj1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 which shall be for assistance for ,sudan1 and which may be made available as contributions3 ,provided1 ,that up to #ajj1jjj1jjj of such funds may be transferred to1 and merged with1 funds made available under the headings ,global ,health ,programs and ,transition ,initiatives in ,acts making appropriations for the ,department of ,state1 foreign operations1 and related programs3 ,provided further1 ,that upon a determination by the ,secretary of ,state that funds transferred pursuant to the preceding proviso are not necessary for the purposes provided1 such amounts may be transferred back to such accounts3 ,provided further1 ,that funds appropriated under this heading in this title may be made available notwithstanding any other provision of law for contributions authorized under this heading1 agriculture and economic growth programs1 and economic assistance for marginalized areas in ,sudan and ,abyei3 ,provided further1 ,that prior to the initial obligation of funds appropriated under this heading in this title1 the ,secretary of ,state shall consult with the ,committees on ,appropriations3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,department of the treasury ,,debt ,,restructuring ,for an additional amount for ,debt ,restructuring1 #abj1jjj1jjj1 to remain available until expended1 which may be used1 notwithstanding any other provision of law1 for payment by the ,secretary of the ,treasury to the ,international ,monetary ,fund for ,heavily ,indebted ,poor ,countries debt relief for ,sudan3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,general ,,provisions--,,this ,,title #ijja4 ,each amount appropriated or made available by this title is in addition to amounts otherwise appropriated for fiscal year #bjba4 #ijjb4 ,notwithstanding section #gjcd7q77#g7 of this division of this ,act1 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 #bjba1 unless otherwise directed by this title4 #ijjc4 ,notwithstanding the limitations in sections #fji7;i7 and #fji7;j7 of the ,millennium ,challenge ,act of #bjjc 7#bbaa ,u4,s4,c4 #ggjh7;j71 #ggae71 the ,millennium ,challenge ,corporation may1 subject to the availability of funds1 extend any compact in effect as of ,january #bi1 #bjbj1 for up to one additional year1 to account for delays related to coronavirus3 ,provided1 ,that the ,corporation shall notify the appropriate congressional committees prior to providing any such extension4 ,this division may be cited as the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjba4 ,l ,transportation1 ,housing and ,urban ,development1 and ,related ,agencies ,appropriations ,act1 #bjba ,i ,department of ,transportation ,office of the ,secretary ,,salaries ,,and ,,expenses ,for necessary expenses of the ,office of the ,secretary1 #abf1agd1jjj1 of which not to exceed #c1cfj1jjj shall be available for the immediate ,office of the ,secretary2 not to exceed #a1bjj1jjj shall be available for the immediate ,office of the ,deputy ,secretary2 not to exceed #bb1baj1jjj shall be available for the ,office of the ,general ,counsel2 not to exceed #aa1gig1jjj shall be available for the ,office of the ,under ,secretary of ,transportation for ,policy2 not to exceed #af1cid1jjj shall be available for the ,office of the ,assistant ,secretary for ,budget and ,programs2 not to exceed #c1jaj1jjj shall be available for the ,office of the ,assistant ,secretary for ,governmental ,affairs2 not to exceed #cb1bci1jjj shall be available for the ,office of the ,assistant ,secretary for ,administration2 not to exceed #b1faj1jjj shall be available for the ,office of ,public ,affairs2 not to exceed #b1jah1jjj shall be available for the ,office of the ,executive ,secretariat2 not to exceed #ac1egf1jjj shall be available for the ,office of ,intelligence1 ,security1 and ,emergency ,response2 and not to exceed #ag1gfj1jjj shall be available for the ,office of the ,chief ,information ,officer3 ,provided1 ,that the ,secretary of ,transportation 7referred to in this title as the ,secretary7 is authorized to transfer funds appropriated for any office of the ,office of the ,secretary to any other office of the ,office of the ,secretary3 ,provided further1 ,that no appropriation for any office shall be increased or decreased by more than #g percent by all such transfers3 ,provided further1 ,that notice of any change in funding greater than #g percent shall be submitted for approval to the ,house and ,senate ,committees on ,appropriations3 ,provided further1 ,that not to exceed #gj1jjj shall be for allocation within the ,department for official reception and representation expenses as the ,secretary may determine3 ,provided further1 ,that notwithstanding any other provision of law1 there may be credited to this appropriation up to #b1ejj1jjj in funds received in user fees3 ,provided further1 ,that none of the funds provided in this ,act shall be available for the position of ,assistant ,secretary for ,public ,affairs4 ,,research ,,and ,,technology ,for necessary expenses related to the ,office of the ,assistant ,secretary for ,research and ,technology1 #bb1hjj1jjj1 of which #af1dhe1jjj shall remain available until expended3 ,provided1 ,that there may be credited to this appropriation1 to be available until expended1 funds received from ,states1 counties1 municipalities1 other public authorities1 and private sources for expenses incurred for training3 ,provided further1 ,that any reference in law1 regulation1 judicial proceedings1 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 ,transportation4 ,,national ,,infrastructure ,,investments 7,,including ,,transfer ,,of ,,funds7 ,for capital investments in surface transportation infrastructure1 #a1jjj1jjj1jjj to remain available until ,september #cj1 #bjbd3 ,provided1 ,that the ,secretary shall distribute amounts made available under this heading as discretionary grants to be awarded to a ,state1 local or tribal government1 ,u4,s4 territory1 transit agency1 port authority1 metropolitan planning organization1 political subdivision of a ,state or local government1 or a collaboration among such entities on a competitive basis for projects that will have a significant local or regional impact3 ,provided further1 ,that projects eligible for amounts made available under this heading shall include1 but not be limited to1 highway or bridge projects eligible under title #bc1 ,united ,states ,code2 public transportation projects eligible under chapter #ec of title #di1 ,united ,states ,code2 passenger and freight rail transportation projects2 port infrastructure investments 7including inland port infrastructure and land ports of entry72 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 ,government3 ,provided further1 ,that of the amount made available under this heading1 the ,secretary shall use an amount not more than #cj1jjj1jjj for the planning1 preparation or design of projects eligible for amounts made available under this heading1 of which not less than #aj1jjj1jjj is for projects eligible for amounts made available under this heading located in or to directly benefit areas of persistent poverty3 ,provided further1 ,that the term areas of persistent poverty means any county that has consistently had greater than or equal to #bj percent of the population living in poverty during the #cj-year period preceding the date of enactment of this ,act1 as measured by the #aiij and #bjjj decennial census and the most recent annual ,small ,area ,income and ,poverty ,estimates as estimated by the ,bureau of the ,census2 any census tract with a poverty rate of at least #bj percent as measured by the #bjad-bjah #e-year data series available from the ,american ,community ,survey of the ,bureau of the ,census2 or any territory or possession of the ,united ,states3 ,provided further1 ,that grants awarded under the previous two provisos shall not be subject to a minimum grant size3 ,provided further1 ,that the ,secretary may use up to #bj 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 #f of title #bc1 ,united ,states ,code1 or sections #eja through #ejd of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7,public ,law #id-baj71 if the ,secretary finds that such use of the funds would advance the purposes of this heading3 ,provided further1 ,that in distributing amounts made available under this heading1 the ,secretary shall take such measures so as to ensure an equitable geographic distribution of funds1 an appropriate balance in addressing the needs of urban and rural areas1 including tribal areas1 and the investment in a variety of transportation modes3 ,provided further1 ,that a grant award under this heading shall be not less than #e1jjj1jjj and not greater than #be1jjj1jjj3 ,provided further1 ,that not more than #aj percent of the amounts made available under this heading may be awarded to projects in a single ,state3 ,provided further1 ,that the ,federal share of the costs for which an amount is provided under this heading shall be1 at the option of the recipient1 up to #hj percent3 ,provided further1 ,that the ,secretary shall give priority to projects that require a contribution of ,federal funds in order to complete an overall financing package3 ,provided further1 ,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 7,,ua71 as designated by the ,bureau of the ,census1 that had a population greater than #bjj1jjj in the #bjaj decennial census3 ,provided further1 ,that for the purpose of determining if an award for planning1 preparation or design is an urban award1 the project location is the location of the project being planned1 prepared or designed3 ,provided further1 ,that each award under this heading that is not an urban award is a rural award3 ,provided further1 ,that of the amounts awarded under this heading1 not more than #ej percent shall be awarded as urban awards and rural awards1 respectively3 ,provided further1 ,that for rural awards1 the minimum grant size shall be #a1jjj1jjj3 ,provided further1 ,that for rural awards and areas of persistent poverty awards the ,secretary may increase the ,federal share of costs above #hj percent3 ,provided further1 ,that projects conducted using amounts made available under this heading shall comply with the requirements of subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code3 ,provided further1 ,that the ,secretary shall conduct a new competition to select the grants and credit assistance awarded under this heading3 ,provided further1 ,that the ,secretary may retain up to #bj1jjj1jjj of the amounts made available under this heading1 and may transfer portions of such amounts to the ,administrators of the ,federal ,highway ,administration1 the ,federal ,transit ,administration1 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 program3 ,provided further1 ,that none of the amounts made available in the previous proviso may be used to hire additional personnel3 ,provided further1 ,that the ,secretary shall consider and award projects based solely on the selection criteria from the fiscal year #bjag ,notice of ,funding ,opportunity3 ,provided further1 ,that1 notwithstanding the previous proviso1 the ,secretary shall not use the ,federal share or an applicant's ability to generate non-,federal revenue as a selection criteria in awarding projects3 ,provided further1 ,that the ,secretary shall issue the ,notice of ,funding ,opportunity no later than #abj days after enactment of this ,act3 ,provided further1 ,that such ,notice of ,funding ,opportunity shall require application submissions #ij days after the publishing of such ,notice3 ,provided further1 ,that of the applications submitted under the previous two provisos1 the ,secretary shall make grants no later than #ccj days after enactment of this ,act in such amounts that the ,secretary determines4 ,,national ,,surface ,,transportation ,,and ,,innovative ,,finance ,,bureau ,for necessary expenses of the ,national ,surface ,transportation and ,innovative ,finance ,bureau as authorized by #di ,u4,s4,c4 #aaf1 #e1jjj1jjj1 to remain available until expended3 ,provided1 ,that the ,secretary may collect and spend fees1 as authorized by title #bc1 ,united ,states ,code1 to cover the costs of services of expert firms1 including counsel1 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 instruments3 ,provided further1 ,that such fees are available until expended to pay for such costs3 ,provided further1 ,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 #fjh of title #bc1 ,united ,states ,code4 ,,railroad ,,rehabilitation ,,and ,,improvement ,,financing ,,program ,the ,secretary is authorized to issue direct loans and loan guarantees pursuant to sections #eja through #ejd of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7,public ,law #id-baj71 as amended1 such authority shall exist as long as any such direct loan or loan guarantee is outstanding4 ,,financial ,,management ,,capital ,for necessary expenses for upgrading and enhancing the ,department of ,transportation's financial systems and re-engineering business processes1 #b1jjj1jjj1 to remain available through ,september #cj1 #bjbb4 ,,cyber ,,security ,,initiatives ,for necessary expenses for cyber security initiatives1 including necessary upgrades to network and information technology infrastructure1 improvement of identity management and authentication capabilities1 securing and protecting data1 implementation of ,federal cyber security initiatives1 and implementation of enhanced security controls on agency computers and mobile devices1 #bb1jjj1jjj1 to remain available until ,september #cj1 #bjbb4 ,,office ,,of ,,civil ,,rights ,for necessary expenses of the ,office of ,civil ,rights1 #i1fjj1jjj4 ,,transportation ,,planning1 ,,research1 ,,and ,,development 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses for conducting transportation planning1 research1 systems development1 development activities1 and making grants1 #i1cej1jjj1 to remain available until expended3 ,provided1 ,that of such amount1 #a1jjj1jjj shall be for necessary expenses of the ,interagency ,infrastructure ,permitting ,improvement ,center 7,,iipic73 ,provided further1 ,that there may be transferred to this appropriation1 to remain available until expended1 amounts transferred from other ,federal agencies for expenses incurred under this heading for ,,iipic activities not related to transportation infrastructure3 ,provided further1 ,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 proviso4 ,,working ,,capital ,,fund 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses for operating costs and capital outlays of the ,working ,capital ,fund1 not to exceed #cai1gic1jjj1 shall be paid from appropriations made available to the ,department of ,transportation3 ,provided1 ,that such services shall be provided on a competitive basis to entities within the ,department of ,transportation 7,,dot73 ,provided further1 ,that the limitation in the preceding proviso on operating expenses shall not apply to non-,,dot entities3 ,provided further1 ,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 ,secretary3 ,provided further1 ,that no assessments may be levied against any program1 budget activity1 subactivity1 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 ,committees4 ,,small ,,and ,,disadvantaged ,,business ,,utilization ,,and ,,outreach ,for necessary expenses for small and disadvantaged business utilization and outreach activities1 #d1gad1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that notwithstanding section #ccb of title #di1 ,united ,states ,code1 such amounts may be used for business opportunities related to any mode of transportation3 ,provided further1 ,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 ,program4 ,,payments ,,to ,,air ,,carriers 7,,airport ,,and ,,airway ,,trust ,,fund7 ,in addition to funds made available from any other source to carry out the essential air service program under sections #dagca through #dagdb of title #di1 ,united ,states ,code1 #ada1gbd1jjj1 to be derived from the ,airport and ,airway ,trust ,fund1 to remain available until expended3 ,provided1 ,that in determining between or among carriers competing to provide service to a community1 the ,secretary may consider the relative subsidy requirements of the carriers3 ,provided further1 ,that basic essential air service minimum requirements shall not include the #ae-passenger capacity requirement under section #dagcb7;b77#c7 of title #di1 ,united ,states ,code3 ,provided further1 ,that amounts authorized to be distributed for the essential air service program under section #dagdb7;b7 of title #di1 ,united ,states ,code1 shall be made available immediately from amounts otherwise provided to the ,administrator of the ,federal ,aviation ,administration3 ,provided further1 ,that the ,administrator may reimburse such amounts from fees credited to the account established under section #decjc of title #di1 ,united ,states ,code4 ,,transportation ,,demonstration ,,program ,to expand intermodal and multimodal freight and cargo transportation infrastructure1 including airport development under chapter #dga of title #di1 ,united ,states ,code1 #ajj1jjj1jjj1 to remain available until expended3 ,provided1 ,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 #bjai to #bjbc3 ,provided further1 ,that eligible applicants that are maritime port authorities shall use a terminal railway and be located not more than #aj miles from a former military airport classified as a general aviation airport in the ,national ,plan on ,integrated ,airport ,system report for fiscal years #bjai to #bjbc3 ,provided further1 ,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 #bjai to #bjbc shall be located not more than #aj miles from a maritime port authority that uses a terminal railway3 ,provided further1 ,that projects eligible under this heading shall be located not more than #aj miles from at least two highways on the ,interstate ,system3 ,provided further1 ,that the ,secretary shall issue the ,notice of ,funding ,opportunity no later than #fj days after enactment of this ,act4 ,,administrative ,,provisions--,,office ,,of ,,the ,,secretary ,,of ,,transportation 7,,including ,,rescissions7 #aja4 ,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 ,act1 except for activities underway on the date of enactment of this ,act1 unless such assessments or agreements have completed the normal reprogramming process for congressional notification4 #ajb4 ,the ,secretary shall post on the web site of the ,department of ,transportation a schedule of all meetings of the ,council on ,credit and ,finance1 including the agenda for each meeting1 and require the ,council on ,credit and ,finance to record the decisions and actions of each meeting4 #ajc4 ,in addition to authority provided by section #cbg of title #di1 ,united ,states ,code1 the ,department's ,working ,capital ,fund is authorized to provide partial or full payments in advance 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 ,no4 #acaej and section #cjdi of ,,safetea-,,lu 7#e ,u4,s4,c4 #gije note73 ,provided1 ,that the ,department shall maintain a reasonable operating reserve in the ,working ,capital ,fund1 to be expended in advance to provide uninterrupted transit benefits to ,government employees3 ,provided further1 ,that such reserve shall not exceed #a month of benefits payable and may be used only for the purpose of providing for the continuation of transit benefits3 ,provided further1 ,that the ,working ,capital ,fund shall be fully reimbursed by each customer agency from available funds for the actual cost of the transit benefit4 #ajd4 ,receipts collected in the ,department's ,working ,capital ,fund1 as authorized by section #cbg of title #di1 ,united ,states ,code1 for unused van pool benefits1 in an amount not to exceed #aj percent of fiscal year #bjba collections1 shall be available until expended in the ,department's ,working ,capital ,fund to provide contractual services in support of section #aii;,a of this ,act3 ,provided1 ,that obligations in fiscal year #bjba of such collections shall not exceed #a1jjj1jjj4 #aje4 ,the remaining unobligated balances1 as of ,september #cj1 #bjba1 from amounts made available for the ,department of ,transportation--,office of the ,secretary--,national ,infrastructure ,investments in division ,g of the ,consolidated ,appropriations ,act1 #bjai 7,public ,law #aaf-f7 are hereby permanently rescinded1 and an amount of additional new budget authority equivalent to the amount rescinded is hereby appropriated on ,september #cj1 #bjba1 to remain available until ,september #cj1 #bjbb1 and shall be available1 without additional competition1 for completing the funding of awards made pursuant to the fiscal year #bjai national infrastructure investments program4 #ajf4 ,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 ,administration4 #ajg4 ,in addition to authority provided by section #cbg of title #di1 ,united ,states ,code1 the ,department's ,administrative ,working ,capital ,fund is hereby authorized to transfer information technology equipment1 software1 and systems from ,departmental sources or other entities and collect and maintain a reserve at rates which will return full cost of transferred assets4 #ajh4 ,none of the funds provided in this ,act to the ,department of ,transportation may be used to provide credit assistance unless not less than #c days before any application approval to provide credit assistance under sections #fjc and #fjd of title #bc1 ,united ,states ,code1 the ,secretary provides notification in writing to the following committees3 the ,house and ,senate ,committees on ,appropriations2 the ,committee on ,environment and ,public ,works and the ,committee on ,banking1 ,housing and ,urban ,affairs of the ,senate2 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives3 ,provided1 ,that such notification shall include1 but not be limited to1 the name of the project sponsor2 a description of the project2 whether credit assistance will be provided as a direct loan1 loan guarantee1 or line of credit2 and the amount of credit assistance4 ,federal aviation administration ,,operations 7,,airport ,,and ,,airway ,,trust ,,fund7 ,for necessary expenses of the ,federal ,aviation ,administration1 not otherwise provided for1 including operations and research activities related to commercial space transportation1 administrative expenses for research and development1 establishment of air navigation facilities1 the operation 7including leasing7 and maintenance of aircraft1 subsidizing the cost of aeronautical charts and maps sold to the public1 the lease or purchase of passenger motor vehicles for replacement only1 #aa1jja1ejj1jjj1 to remain available until ,september #cj1 #bjbb1 of which #aj1eai1jjj1jjj shall be derived from the ,airport and ,airway ,trust ,fund3 ,provided1 ,that of the sums appropriated under this heading-- 7#a7 not less than #a1dgi1jci1jjj shall be available for aviation safety activities2 7#b7 #h1bje1hba1jjj shall be available for air traffic organization activities2 7#c7 #bg1eee1jjj shall be available for commercial space transportation activities2 7#d7 #hcf1ada1jjj shall be available for finance and management activities2 7#e7 #fb1hfb1jjj shall be available for ,next,gen and operations planning activities2 7#f7 #abd1ibh1jjj shall be available for security and hazardous materials safety2 and 7#g7 #bfe1aed1jjj shall be available for staff offices3 ,provided further1 ,that not to exceed #e percent of any budget activity1 except for aviation safety budget activity1 may be transferred to any budget activity under this heading3 ,provided further1 ,that no transfer may increase or decrease any appropriation under this heading by more than #e percent3 ,provided further1 ,that any transfer in excess of #e percent shall be treated as a reprogramming of funds under section #dje of this ,act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section3 ,provided further1 ,that not later than #fj days after the submission of the budget request1 the ,administrator of the ,federal ,aviation ,administration shall transmit to ,congress an annual update to the report submitted to ,congress in ,december #bjjd pursuant to section #bba of the ,vision #ajj-;,century of ,aviation ,reauthorization ,act 7#di ,u4,s4,c4 #djaja note73 ,provided further1 ,that the amounts made available under this heading shall be reduced by #ajj1jjj for each day after #fj days after the submission of the budget request that such report has not been transmitted to ,congress3 ,provided further1 ,that not later than #fj days after the submission of the budget request1 the ,administrator shall transmit to ,congress a companion report that describes a comprehensive strategy for staffing1 hiring1 and training flight standards and aircraft certification staff in a format similar to the one utilized for the controller staffing plan1 including stated attrition estimates and numerical hiring goals by fiscal year3 ,provided further1 ,that the amounts made available under this heading shall be reduced by #ajj1jjj for each day after the date that is #fj days after the submission of the budget request that such report has not been submitted to ,congress3 ,provided further1 ,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 standards3 ,provided further1 ,that none of the funds made available by this ,act shall be available for new applicants for the second career training program3 ,provided further1 ,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 ,act3 ,provided further1 ,that there may be credited to this appropriation1 as offsetting collections1 funds received from ,states1 counties1 municipalities1 foreign authorities1 other public authorities1 and private sources for expenses incurred in the provision of agency services1 including receipts for the maintenance and operation of air navigation facilities1 and for issuance1 renewal or modification of certificates1 including airman1 aircraft1 and repair station certificates1 or for tests related thereto1 or for processing major repair or alteration forms3 ,provided further1 ,that of the amounts made available under this heading1 not less than #agb1hjj1jjj shall be used to fund direct operations of the current air traffic control towers in the contract tower program1 including the contract tower cost share program1 and any airport that is currently qualified or that will qualify for the program during the fiscal year3 ,provided further1 ,that none of the funds made available by this ,act for aeronautical charting and cartography are available for activities conducted by1 or coordinated through1 the ,working ,capital ,fund3 ,provided further1 ,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 airport4 ,,facilities ,,and ,,equipment 7,,airport ,,and ,,airway ,,trust ,,fund7 ,for necessary expenses1 not otherwise provided for1 for acquisition1 establishment1 technical support services1 improvement by contract or purchase1 and hire of national airspace systems and experimental facilities and equipment1 as authorized under part ,a of subtitle ,,vii of title #di1 ,united ,states ,code1 including initial acquisition of necessary sites by lease or grant2 engineering and service testing1 including construction of test facilities and acquisition of necessary sites by lease or grant2 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 available2 and the purchase1 lease1 or transfer of aircraft from funds available under this heading1 including aircraft for aviation regulation and certification2 to be derived from the ,airport and ,airway ,trust ,fund1 #c1jae1jjj1jjj1 of which #ede1jjj1jjj shall remain available until ,september #cj1 #bjbb1 #b1ccj1djj1jjj shall remain available until ,september #cj1 #bjbc1 and #aci1fjj1jjj shall remain available until expended3 ,provided1 ,that there may be credited to this appropriation funds received from ,states1 counties1 municipalities1 other public authorities1 and private sources1 for expenses incurred in the establishment1 improvement1 and modernization of national airspace systems3 ,provided further1 ,that not later than #fj days after submission of the budget request1 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 #bjbb through #bjbf1 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 ,budget4 ,,research1 ,,engineering1 ,,and ,,development 7,,airport ,,and ,,airway ,,trust ,,fund7 ,for necessary expenses1 not otherwise provided for1 for research1 engineering1 and development1 as authorized under part ,a of subtitle ,,vii of title #di1 ,united ,states ,code1 including construction of experimental facilities and acquisition of necessary sites by lease or grant1 #aih1jjj1jjj1 to be derived from the ,airport and ,airway ,trust ,fund and to remain available until ,september #cj1 #bjbc3 ,provided1 ,that there may be credited to this appropriation as offsetting collections1 funds received from ,states1 counties1 municipalities1 other public authorities1 and private sources1 which shall be available for expenses incurred for research1 engineering1 and development3 ,provided further1 ,that funds made available under this heading shall be used in accordance with the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act73 ,provided further1 ,that not to exceed #aj percent of any funding level specified under this heading in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act7 may be transferred to any other funding level specified under this heading in the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act73 ,provided further1 ,that no transfer may increase or decrease any funding level by more than #aj percent3 ,provided further1 ,that any transfer in excess of #aj percent shall be treated as a reprogramming of funds under section #dje of this ,act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section4 ,,grants-,,in-,,aid ,,for ,,airports 7,,liquidation ,,of ,,contract ,,authorization7 7,,limitation ,,on ,,obligations7 7,,airport ,,and ,,airway ,,trust ,,fund7 7,,including ,,transfer ,,of ,,funds7 ,for liquidation of obligations incurred for grants-in-aid for airport planning and development1 and noise compatibility planning and programs as authorized under subchapter ,i of chapter #dga and subchapter ,i of chapter #dge of title #di1 ,united ,states ,code1 and under other law authorizing such obligations2 for procurement1 installation1 and commissioning of runway incursion prevention devices and systems at airports of such title2 for grants authorized under section #dagdc of title #di1 ,united ,states ,code2 and for inspection activities and administration of airport safety programs1 including those related to airport operating certificates under section #ddgjf of title #di1 ,united ,states ,code1 #c1cej1jjj1jjj1 to be derived from the ,airport and ,airway ,trust ,fund and to remain available until expended3 ,provided1 ,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 #c1cej1jjj1jjj1 in fiscal year #bjba1 notwithstanding section #dgaag7;g7 of title #di1 ,united ,states ,code3 ,provided further1 ,that none of the amounts made available under this heading shall be available for the replacement of baggage conveyor systems1 reconfiguration of terminal baggage areas1 or other airport improvements that are necessary to install bulk explosive detection systems3 ,provided further1 ,that notwithstanding section #dgaji7;a7 of title #di1 ,united ,states ,code1 the ,government's share of allowable project costs under paragraph 7#b7 of such section for subgrants or paragraph 7#c7 of such section shall be #ie 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 #bjaa for the construction project3 ,provided further1 ,that notwithstanding any other provision of law1 of amounts limited under this heading1 not more than #aai1djb1jjj shall be available for administration1 not less than #ae1jjj1jjj shall be available for the ,airport ,cooperative ,research ,program1 not less than #dj1fff1jjj shall be available for ,airport ,technology ,research1 and #aj1jjj1jjj1 to remain available until expended1 shall be available and transferred to ,office of the ,secretary1 ,salaries and ,expenses to carry out the ,small ,community ,air ,service ,development ,program3 ,provided further1 ,that in addition to airports eligible under section #dagdc of title #di1 ,united ,states ,code1 such program may include the participation of an airport that serves a community or consortium that is not larger than a small hub airport1 according to ,,faa hub classifications effective at the time the ,office of the ,secretary issues a request for proposals4 ,,grants-,,in-,,aid ,,for ,,airports ,for an additional amount for ,grants-,in-,aid for ,airports1 to enable the ,secretary to make grants for projects as authorized by subchapter #a of chapter #dga and subchapter #a of chapter #dge of title #di1 ,united ,states ,code1 #djj1jjj1jjj1 to remain available through ,september #cj1 #bjbc3 ,provided1 ,that amounts made available under this heading shall be derived from the general fund1 and such funds shall not be subject to apportionment formulas1 special apportionment categories1 or minimum percentages under chapter #dga3 ,provided further1 ,that the ,secretary shall distribute funds provided under this heading as discretionary grants to airports3 ,provided further1 ,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 ,act3 ,provided further1 ,that the ,administrator of the ,federal ,aviation ,administration may retain up to #j4e percent of the funds provided under this heading to fund the award and oversight by the ,administrator of grants made under this heading4 ,,administrative ,,provisions--,,federal ,,aviation ,,administration #aaj4 ,none of the funds made available by this ,act may be used to compensate in excess of #fjj technical staff-years under the federally funded research and development center contract between the ,federal ,aviation ,administration and the ,center for ,advanced ,aviation ,systems ,development during fiscal year #bjba4 #aaa4 ,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 construction1 maintenance1 utilities and expenses1 or space in airport sponsor-owned buildings for services relating to air traffic control1 air navigation1 or weather reporting3 ,provided1 ,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 facilities4 #aab4 ,the ,administrator of the ,federal ,aviation ,administration may reimburse amounts made available to satisfy section #dagdb7;a77#a7 of title #di1 ,united ,states ,code1 from fees credited under section #decjc of title #di1 ,united ,states ,code1 and any amount remaining in such account at the close of any fiscal year may be made available to satisfy section #dagdb7;a77#a7 of title #di1 ,united ,states ,code1 for the subsequent fiscal year4 #aac4 ,amounts collected under section #djaac7;e7 of title #di1 ,united ,states ,code1 shall be credited to the appropriation current at the time of collection1 to be merged with and available for the same purposes as such appropriation4 #aad4 ,none of the funds made available by this ,act shall be available for paying premium pay under subsection #eedf7;a7 of title #e1 ,united ,states ,code1 to any ,federal ,aviation ,administration employee unless such employee actually performed work during the time corresponding to such premium pay4 #aae4 ,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 card4 #aaf4 ,notwithstanding any other provision of law1 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 obtain1 upon a request to the ,administrator of the ,federal ,aviation ,administration1 a blocking of that owner's or operator's aircraft registration number1 ,mode ,s transponder code1 flight identification1 call sign1 or similar identifying information from any ground based display to the public that would allow the real-time or near real-time flight tracking of that aircraft's movements1 except data made available to a ,government agency1 for the noncommercial flights of that owner or operator4 #aag4 ,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 ,administration4 #aah4 ,none of the funds made available by this ,act may be used to increase fees pursuant to section #ddgba of title #di1 ,united ,states ,code1 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 ,no4 #acfdb4 #aai4 ,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 #ij full business days in advance4 #aai;,a4 ,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 ,teterboro1 ,new ,jersey4 #aai;,b4 ,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 ,program1 or for reevaluation of ,cost-share ,program participants so long as the ,federal ,aviation ,administration has received an application from the airport1 and so long as the ,administrator determines such tower is eligible using the factors set forth in ,federal ,aviation ,administration published establishment criteria4 #aai;,c4 ,none of the funds made available by this ,act may be used to open1 close1 redesignate as a lesser office1 or reorganize a regional office1 the aeronautical center1 or the technical center unless the ,administrator submits a request for the reprogramming of funds under section #dje of this ,act4 ,federal highway administration ,,limitation ,,on ,,administrative ,,expenses 7,,highway ,,trust ,,fund7 7,,including ,,transfer ,,of ,,funds7 ,not to exceed #dge1fdi1jdi together with advances and reimbursements received by the ,federal ,highway ,administration1 shall be obligated for necessary expenses for administration and operation of the ,federal ,highway ,administration3 ,provided1 ,that in addition1 #c1bdh1jjj shall be transferred to the ,appalachian ,regional ,commission in accordance with section #ajd7;a7 of title #bc1 ,united ,states ,code4 ,,federal-,,aid ,,highways 7,,limitation ,,on ,,obligations7 7,,highway ,,trust ,,fund7 ,funds available for the implementation or execution of ,federal-aid highway and highway safety construction programs authorized under titles #bc and #di1 ,united ,states ,code1 and the provisions of the ,fixing ,america's ,surface ,transportation 7,,fast7 ,act 7,public ,law #aad-id7 shall not exceed total obligations of #df1cfe1jib1jjj for fiscal year #bjba4 7,,liquidation ,,of ,,contract ,,authorization7 7,,highway ,,trust ,,fund7 ,for the payment of obligations incurred in carrying out ,federal-aid highway and highway safety construction programs authorized under title #bc1 ,united ,states ,code1 #dg1ajd1jib1jjj derived from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account71 to remain available until expended4 ,,highway ,,infrastructure ,,programs ,there is hereby appropriated to the ,secretary #b1jjj1jjj1jjj3 ,provided1 ,that the funds made available under this heading shall be derived from the general fund1 shall be in addition to any funds provided for fiscal year #bjba in this or any other ,act for3 7#a7 ,federal-aid ,highways under chapter #a of title #bc1 ,united ,states ,code2 or 7#b7 the ,appalachian ,development ,highway ,system as authorized under section #ajfi7y7 of ,public ,law #ajb-bdj1 and shall not affect the distribution or amount of funds provided in any other ,act3 ,provided further1 ,that section #aaja7;b7 of ,public ,law #aad-id shall apply to funds made available under this heading3 ,provided further1 ,that unless otherwise specified1 amounts made available under this heading shall be available until ,september #cj1 #bjbd3 ,provided further1 ,that of the funds made available under this heading-- 7#a7 #fdj1fej1jjj shall be for activities eligible under section #acc7;b7 of title #bc1 ,united ,states ,code1 and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors designated pursuant to section #aea of title #bc1 ,united ,states ,code2 7#b7 #b1gjj1jjj shall be for activities eligible under the ,puerto ,rico ,highway ,program as described in section #afe7;b77#b77;,c7 of title #bc1 ,united ,states ,code2 7#c7 #fej1jjj shall be for activities eligible under the ,territorial ,highway ,program1 as described in section #afe7;c77#f7 of title #bc1 ,united ,states ,code2 7#d7 #ajj1jjj1jjj shall be for the nationally significant ,federal lands and tribal projects program under section #aabc of the ,,fast ,act2 7#e7 #a1jhj1jjj1jjj shall be for a bridge replacement and rehabilitation program2 7#f7 #ajj1jjj1jjj shall be for necessary expenses for construction of the ,appalachian ,development ,highway ,system as authorized under section #ajfi7y7 of ,public ,law #ajb-bdj2 7#g7 #af1jjj1jjj shall be for the national scenic byways program under section #afb of title #bc1 ,united ,states ,code2 7#h7 #ej1jjj1jjj shall be for competitive grants for activities described in section #acj7;a7 of title #bc1 ,united ,states ,code2 7#i7 #e1jjj1jjj shall be for the ,regional ,infrastructure ,accelerator ,demonstration ,program authorized under section #adda of the ,,fast ,act2 and 7#aj7 #e1jjj1jjj shall be for a ,national ,road ,network ,pilot ,program for the ,federal ,highway ,administration to create a national level1 geo-spatial dataset that uses data already collected under the ,highway ,performance ,monitoring ,system3 ,provided further1 ,that for the purposes of funds made available under this heading1 in paragraph 7#a7 of the fourth proviso1 the term ,state means any of the #ej ,states or the ,district of ,columbia3 ,provided further1 ,that the funds made available under this heading1 in paragraph 7#a7 of the fourth proviso1 shall be suballocated in the manner described in section #acc7;d7 of title #bc1 ,united ,states ,code1 except that the set-aside described in section #acc7;h7 of such title shall not apply to funds made available under this heading1 in paragraph 7#a7 of the fourth proviso3 ,provided further1 ,that the funds made available under this heading1 in paragraphs 7#a71 7#e71 7#g71 and 7#h7 of the fourth proviso1 shall be administered as if apportioned under chapter #a of such title3 ,provided further1 ,that1 the funds made available under this heading1 in paragraph 7#a7 of the fourth proviso1 shall be apportioned to the ,states in the same ratio as the obligation limitation for fiscal year #bjba is distributed among the ,states in section #abj7;a77#e7 of this ,act3 ,provided further1 ,that1 except as provided in the following proviso1 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 #afe7;b7 and #afe7;c71 respectively1 of title #bc1 ,united ,states ,code3 ,provided further1 ,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 #afe7;b77#b77;,a7 or #afe7;b77#b77;,b7 of such title3 ,provided further1 ,that not less than #be percent of the funds made available under this heading for the nationally significant ,federal lands and tribal projects program under section #aabc of the ,,fast ,act shall be for competitive grants to tribal governments3 ,provided further1 ,that for the purposes of funds made available under this heading for a bridge replacement and rehabilitation program1 7#a7 the term ,state means any of the #ej ,states or the ,district of ,columbia1 and 7#b7 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 #e percent or in which the percentage of total bridges classified as in poor condition in such ,state is at least #e percent3 ,provided further1 ,that1 of the funds made available under this heading for a bridge replacement and rehabilitation program1 the ,secretary shall reserve #f1jjj1jjj for each ,state that does not meet the definition of a qualifying ,state3 ,provided further1 ,that1 after making the reservations under the preceding proviso1 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 ,states3 ,provided further1 ,that for the bridge replacement and rehabilitation program3 7#a7 no qualifying ,state shall receive more than #fj1jjj1jjj2 7#b7 each ,state shall receive an amount not less than #f1jjj1jjj2 and 7#c7 after calculating the distribution of funds pursuant to the preceding proviso1 any amount in excess of #fj1jjj1jjj shall be redistributed equally among each ,state that does not meet the definition of a qualifying ,state3 ,provided further1 ,that funds provided to ,states that do not meet the definition of a qualifying ,state for the bridge replacement and rehabilitation program shall be3 7#a7 merged with amounts made available to such ,state under this heading1 in paragraph 7#a7 of the fourth proviso2 7#b7 available for activities eligible under paragraph 7#a7 of the fourth proviso2 and 7#c7 administered as if apportioned under chapter #a of title #bc1 ,united ,states ,code3 ,provided further1 ,that1 except as provided in the preceding proviso1 the 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 roads3 ,provided further1 ,that for purposes of this heading for the bridge replacement and rehabilitation program1 the ,secretary shall calculate the percentages of total deck area of bridges 7including the percentages of total deck area classified as in poor condition7 and the percentages of total bridge counts 7including the percentages of total bridges classified as in poor condition7 based on the ,national ,bridge ,inventory as of ,december #ca1 #bjah3 ,provided further1 ,that for the purposes of funds made available under this heading for construction of the ,appalachian ,development ,highway ,system1 the term ,appalachian ,state means a ,state that contains #a or more counties 7including any political subdivision located within the area7 in the ,appalachian region as defined in section #adajb7;a7 of title #dj1 ,united ,states ,code3 ,provided further1 ,that funds made available under this heading for construction of the ,appalachian ,development ,highway ,system shall remain available until expended3 ,provided further1 ,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 #adeja of title #dj1 ,united ,states ,code3 ,provided further1 ,that subject to the following proviso1 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 #bjab ,appalachian ,development ,highway ,system ,cost-to-,complete ,estimate1 adopted in ,appalachian ,regional ,commission ,resolution ,number #gcf1 and confirmed as each ,appalachian ,state's relative share of the estimated remaining need to complete the ,appalachian ,development ,highway ,system1 adjusted to exclude those corridors that such ,states have no current plans to complete1 as reported in the #bjac ,appalachian ,development ,highway ,system ,completion ,report1 unless those ,states have modified and assigned a higher priority for completion of an ,appalachian ,development ,highway ,system corridor1 as reported in the #bjbj ,appalachian ,development ,highway ,system ,future ,outlook3 ,provided further1 ,that the ,secretary shall adjust apportionments made under the preceding proviso so that no ,appalachian ,state shall be apportioned an amount in excess of #cj percent of the amount made available for construction of the ,appalachian ,development ,highway ,system under this heading3 ,provided further1 ,that the ,secretary shall consult with the ,appalachian ,regional ,commission in making adjustments under the preceding two provisos3 ,provided further1 ,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 #ajj percent3 ,provided further1 ,that the funds made available under this heading1 in paragraph 7#h7 of the fourth proviso1 shall be available for projects eligible under section #acj7;a7 of title #bc1 ,united ,states ,code1 for commuter authorities1 as defined in section #bdajb7b7 of title #di1 ,united ,states ,code1 that experienced at least one accident investigated by the ,national ,transportation ,safety ,board between ,january #a1 #bjjh and ,december #ca1 #bjah1 and for which the ,national ,transportation ,safety ,board issued an accident report3 ,provided further1 ,that for amounts made available under this heading1 in paragraphs 7#h71 7#i71 and 7#aj7 of the fourth proviso1 the ,federal share of the costs shall be1 at the option of the recipient1 up to #ajj percent4 ,,administrative ,,provisions--,,federal ,,highway ,,administration #abj4 7a7 ,for fiscal year #bjba1 the ,secretary of ,transportation shall-- 7#a7 not distribute from the obligation limitation for ,federal-aid highways-- 7,a7 amounts authorized for administrative expenses and programs by section #ajd7;a7 of title #bc1 ,united ,states ,code2 and 7,b7 amounts authorized for the ,bureau of ,transportation ,statistics2 7#b7 not distribute an amount from the obligation limitation for ,federal-aid highways that is equal to the unobligated balance of amounts-- 7,a7 made available from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for ,federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the ,secretary 7or apportioned by the ,secretary under sections #bjb or #bjd of title #bc1 ,united ,states ,code72 and 7,b7 for which obligation limitation was provided in a previous fiscal year2 7#c7 determine the proportion that-- 7,a7 the obligation limitation for ,federal-aid highways1 less the aggregate of amounts not distributed under paragraphs 7#a7 and 7#b7 of this subsection2 bears to 7,b7 the total of the sums authorized to be appropriated for the ,federal-aid highway and highway safety construction programs 7other than sums authorized to be appropriated for provisions of law described in paragraphs 7#a7 through 7#aa7 of subsection 7b7 and sums authorized to be appropriated for section #aai of title #bc1 ,united ,states ,code1 equal to the amount referred to in subsection 7b77#ab7 for such fiscal year71 less the aggregate of the amounts not distributed under paragraphs 7#a7 and 7#b7 of this subsection2 7#d7 distribute the obligation limitation for ,federal-aid highways1 less the aggregate amounts not distributed under paragraphs 7#a7 and 7#b71 for each of the programs 7other than programs to which paragraph 7#a7 applies7 that are allocated by the ,secretary under the ,fixing ,america's ,surface ,transportation ,act and title #bc1 ,united ,states ,code1 or apportioned by the ,secretary under sections #bjb or #bjd of that title1 by multiplying-- 7,a7 the proportion determined under paragraph 7#c72 by 7,b7 the amounts authorized to be appropriated for each such program for such fiscal year2 and 7#e7 distribute the obligation limitation for ,federal-aid highways1 less the aggregate amounts not distributed under paragraphs 7#a7 and 7#b7 and the amounts distributed under paragraph 7#d71 for ,federal-aid highway and highway safety construction programs that are apportioned by the ,secretary under title #bc1 ,united ,states ,code 7other than the amounts apportioned for the ,national ,highway ,performance ,program in section #aai of title #bc1 ,united ,states ,code1 that are exempt from the limitation under subsection 7b77#ab7 and the amounts apportioned under sections #bjb and #bjd of that title7 in the proportion that-- 7,a7 amounts authorized to be appropriated for the programs that are apportioned under title #bc1 ,united ,states ,code1 to each ,state for such fiscal year2 bears to 7,b7 the total of the amounts authorized to be appropriated for the programs that are apportioned under title #bc1 ,united ,states ,code1 to all ,states for such fiscal year4 7b7 ,exceptions from obligation limitation ,the obligation limitation for ,federal-aid highways shall not apply to obligations under or for-- 7#a7 section #abe of title #bc1 ,united ,states ,code2 7#b7 section #adg of the ,surface ,transportation ,assistance ,act of #aigh 7#bc ,u4,s4,c4 #add note2 #ib ,stat4 #bgad72 7#c7 section #i of the ,federal-,aid ,highway ,act of #aiha 7#ie ,stat4 #agja72 7#d7 subsections 7b7 and 7j7 of section #aca of the ,surface ,transportation ,assistance ,act of #aihb 7#if ,stat4 #baai72 7#e7 subsections 7b7 and 7c7 of section #adi of the ,surface ,transportation and ,uniform ,relocation ,assistance ,act of #aihg 7#aja ,stat4 #aih72 7#f7 sections #aajc through #aajh of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7#aje ,stat4 #bjbg72 7#g7 section #aeg of title #bc1 ,united ,states ,code 7as in effect on ,june #h1 #aiih72 7#h7 section #aje of title #bc1 ,united ,states ,code 7as in effect for fiscal years #aiih through #bjjd1 but only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 7#i7 ,federal-aid highway programs for which obligation authority was made available under the ,transportation ,equity ,act for the #bast ,century 7#aab ,stat4 #ajg7 or subsequent ,acts for multiple years or to remain available until expended1 but only to the extent that the obligation authority has not lapsed or been used2 7#aj7 section #aje of title #bc1 ,united ,states ,code 7as in effect for fiscal years #bjje through #bjab1 but only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 7#aa7 section #afjc of ,,safetea-,,lu 7#bc ,u4,s4,c4 #aah note2 #aai ,stat4 #abdh71 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 obligation2 and 7#ab7 section #aai of title #bc1 ,united ,states ,code 7but1 for each of fiscal years #bjac through #bjba1 only in an amount equal to #fci1jjj1jjj74 7c7 ,redistribution of unused obligation authority ,notwithstanding subsection 7a71 the ,secretary shall1 after ,august #a of such fiscal year-- 7#a7 revise a distribution of the obligation limitation made available under subsection 7a7 if an amount distributed cannot be obligated during that fiscal year2 and 7#b7 redistribute sufficient amounts to those ,states able to obligate amounts in addition to those previously distributed during that fiscal year1 giving priority to those ,states having large unobligated balances of funds apportioned under sections #add 7as in effect on the day before the date of enactment of ,public ,law #aab-ada7 and #ajd of title #bc1 ,united ,states ,code4 7d7 ,applicability of obligation limitations to transportation research programs 7#a7 ,in general ,except as provided in paragraph 7#b71 the obligation limitation for ,federal-aid highways shall apply to contract authority for transportation research programs carried out under-- 7,a7 chapter #e of title #bc1 ,united ,states ,code2 and 7,b7 title ,,vi of the ,fixing ,america's ,surface ,transportation ,act4 7#b7 ,exception ,obligation authority made available under paragraph 7#a7 shall-- 7,a7 remain available for a period of #d fiscal years2 and 7,b7 be in addition to the amount of any limitation imposed on obligations for ,federal-aid highway and highway safety construction programs for future fiscal years4 7e7 ,redistribution of certain authorized funds 7#a7 ,in general ,not later than #cj days after the date of distribution of obligation limitation under subsection 7a71 the ,secretary shall distribute to the ,states any funds 7excluding funds authorized for the program under section #bjb of title #bc1 ,united ,states ,code7 that-- 7,a7 are authorized to be appropriated for such fiscal year for ,federal-aid highway programs2 and 7,b7 the ,secretary determines will not be allocated to the ,states 7or will not be apportioned to the ,states under section #bjd of title #bc1 ,united ,states ,code71 and will not be available for obligation1 for such fiscal year because of the imposition of any obligation limitation for such fiscal year4 7#b7 ,ratio ,funds shall be distributed under paragraph 7#a7 in the same proportion as the distribution of obligation authority under subsection 7a77#e74 7#c7 ,availability ,funds distributed to each ,state under paragraph 7#a7 shall be available for any purpose described in section #acc7;b7 of title #bc1 ,united ,states ,code4 #aba4 ,notwithstanding #ca ,u4,s4,c4 #ccjb1 funds received by the ,bureau of ,transportation ,statistics from the sale of data products1 for necessary expenses incurred pursuant to chapter #fc of title #di1 ,united ,states ,code1 may be credited to the ,federal-aid highways account for the purpose of reimbursing the ,bureau for such expenses3 ,provided1 ,that such funds shall be subject to the obligation limitation for ,federal-aid highway and highway safety construction programs4 #abb4 ,not less than #ae days prior to waiving1 under his or her statutory authority1 any ,buy ,america requirement for ,federal-aid highways projects1 the ,secretary of ,transportation shall make an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefor3 ,provided1 ,that the ,secretary shall provide an annual report to the ,house and ,senate ,committees on ,appropriations on any waivers granted under the ,buy ,america requirements4 #abc4 ,none of the funds made available in this ,act may be used to make a grant for a project under section #aag of title #bc1 ,united ,states ,code1 unless the ,secretary1 at least #fj days before making a grant under that section1 provides written notification to the ,house and ,senate ,committees on ,appropriations of the proposed grant1 including an evaluation and justification for the project and the amount of the proposed grant award3 ,provided1 ,that the written notification required in the preceding proviso shall be made not later than #ahj days after the date of enactment of this ,act4 #abd4 7a7 ,a ,state or territory1 as defined in section #afe of title #bc1 ,united ,states ,code1 may use for any project eligible under section #acc7;b7 of title #bc or section #afe of title #bc and located within the boundary of the ,state or territory any earmarked amount1 and any associated obligation limitation3 ,provided1 ,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 applied4 ,notwithstanding the original period of availability of funds to be obligated under this section1 such funds and associated obligation limitation shall remain available for obligation for a period of #c fiscal years after the fiscal year in which the ,secretary is notified4 ,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 earmark4 7b7 ,in this section1 the term earmarked amount means-- 7#a7 congressionally directed spending1 as defined in rule ,,xliv of the ,standing ,rules of the ,senate1 identified in a prior law1 report1 or joint explanatory statement1 and administered by the ,federal ,highway ,administration2 or 7#b7 a congressional earmark1 as defined in rule ,,xxi of the ,rules of the ,house of ,representatives1 identified in a prior law1 report1 or joint explanatory statement1 and administered by the ,federal ,highway ,administration4 7c7 ,the authority under subsection 7a7 may be exercised only for those projects or activities that have obligated less than #aj percent of the amount made available for obligation as of ,october #a of the current fiscal year1 and shall be applied to projects within the same general geographic area within #be miles for which the funding was designated1 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 voucher4 7d7 ,the ,secretary shall submit consolidated reports of the information provided by the ,states and territories annually to the ,house and ,senate ,committees on ,appropriations4 #abe4 ,until final guidance is published1 the ,administrator of the ,federal ,highway ,administration shall adjudicate requests for ,buy ,america waivers under the criteria that were in effect prior to ,april #ag1 #bjah4 ,federal motor carrier safety administration ,,motor ,,carrier ,,safety ,,operations ,,and ,,programs 7,,liquidation ,,of ,,contract ,,authorization7 7,,limitation ,,on ,,obligations7 7,,highway ,,trust ,,fund7 7,,including ,,transfers ,,of ,,funds7 ,for payment of obligations incurred in the implementation1 execution and administration of motor carrier safety operations and programs pursuant to section #caaaj of title #di1 ,united ,states ,code1 as amended by the ,fixing ,america's ,surface ,transportation ,act 7,public ,law #aad-id71 #cbh1adc1abd1 to be derived from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account71 of which #i1hif1abg 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 #bast ,century 7,public ,law #aje-agh71 ,,safetea-,,lu 7,public ,law #aji-ei71 or other appropriations or authorization ,acts1 together with advances and reimbursements received by the ,federal ,motor ,carrier ,safety ,administration1 the sum of which shall remain available until expended3 ,provided1 ,that funds available for implementation1 execution1 or administration of motor carrier safety operations and programs authorized under title #di1 ,united ,states ,code1 shall not exceed total obligations of #cbh1adc1abd1 for ,motor ,carrier ,safety ,operations and ,programs for fiscal year #bjba1 of which #i1jgc1jjj1 to remain available for obligation until ,september #cj1 #bjbc1 is for the research and technology program1 and of which not less than #ge1ddg1abd1 to remain available for obligation until ,september #cj1 #bjbc1 is for development1 modernization1 enhancement1 continued operation1 and maintenance of information technology and information management4 ,,motor ,,carrier ,,safety ,,grants 7,,liquidation ,,of ,,contract ,,authorization7 7,,limitation ,,on ,,obligations7 7,,highway ,,trust ,,fund7 7,,including ,,transfers ,,of ,,funds7 ,for payment of obligations incurred in carrying out sections #caajb1 #caajc1 #caajd1 and #cacac of title #di1 ,united ,states ,code1 as amended by the ,fixing ,america's ,surface ,transportation ,act 7,public ,law #aad-id71 #chi1hjj1jjj1 to be derived from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 and to remain available until expended3 ,provided1 ,that funds available for the implementation or execution of motor carrier safety programs shall not exceed total obligations of #chi1hjj1jjj in fiscal year #bjba for ,motor ,carrier ,safety ,grants3 ,provided further1 ,that of the sums appropriated under this heading3 7#a7 #cjh1gjj1jjj shall be available for the motor carrier safety assistance program2 7#b7 #cc1bjj1jjj shall be available for the commercial driver's license program implementation program2 7#c7 #de1ijj1jjj shall be available for the high priority activities program1 of which #a1jjj1jjj is to be made available from prior year unobligated contract authority provided for ,motor ,carrier ,safety ,grants in the ,transportation ,equity ,act for the #bast ,century 7,public ,law #aje-agh71 ,,safetea-,,lu 7,public ,law #aji-ei71 or other appropriations or authorization ,acts2 and 7#d7 #b1jjj1jjj shall be made available for commercial motor vehicle operators grants1 of which #a1jjj1jjj is to be made available from prior year unobligated contract authority provided for ,motor ,carrier ,safety ,grants in the ,transportation ,equity ,act for the #bast ,century 7,public ,law #aje-agh71 ,,safetea-,,lu 7,public ,law #aji-ei71 or other appropriations or authorization ,acts3 ,provided further1 ,that of the unobligated amounts provided for ,motor ,carrier ,safety ,grants in the ,transportation ,equity ,act for the #bast ,century 7,public ,law #aje-agh71 ,,safetea-,,lu 7,public ,law #aji-ei71 the ,,fast ,act 7,public ,law #aad-id7 or other appropriation or authorization acts prior to fiscal year #bjba1 #cj1jjj1jjj in additional obligation limitation1 shall be transferred and made available for a study of the cause of large truck crashes and shall remain available until expended3 ,provided further1 ,that the activities funded by the previous proviso may be accomplished through direct expenditure1 direct research activities1 grants1 cooperative agreements1 contracts1 intra or interagency agreements1 or other agreements with public organizations3 ,provided further1 ,that such amounts1 payments1 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 agencies3 ,provided further1 ,that #cj1jjj1jjj for payment of obligations incurred in carrying out this section shall be derived from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account71 to be available until expended4 ,,administrative ,,provisions--,,federal ,,motor ,,carrier ,,safety ,,administration #acj4 ,the ,federal ,motor ,carrier ,safety ,administration shall send notice of section #che4cjh of title #di1 ,code of ,federal ,regulations1 violations by certified mail1 registered mail1 or another manner of delivery1 which records the receipt of the notice by the persons responsible for the violations4 #aca4 ,the ,federal ,motor ,carrier ,safety ,administration shall update annual inspection regulations under ,appendix ,g to subchapter ,b of chapter ,,iii of title #di1 ,code of ,federal ,regulations1 as recommended by ,,gao-#ai-bfd4 #acb4 ,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 implement1 administer1 or enforce the requirements of section #caacg of title #di1 ,united ,states ,code1 or any regulation issued by the ,secretary pursuant to such section1 with respect to the use of electronic logging devices by operators of commercial motor vehicles1 as defined in section #caacb7a7 of such title1 transporting livestock as defined in section #fjb of the ,emergency ,livestock ,feed ,assistance ,act of #aihh 7#g ,u4,s4,c4 #adga7 or insects4 ,national highway traffic safety administration ,,operations ,,and ,,research ,for expenses necessary to discharge the functions of the ,secretary1 with respect to traffic and highway safety authorized under chapter #cja and part ,c of subtitle ,,vi of title #di1 ,united ,states ,code1 #aid1afg1jjj1 of which #dj1jjj1jjj shall remain available through ,september #cj1 #bjbb4 ,,operations ,,and ,,research 7,,liquidation ,,of ,,contract ,,authorization7 7,,limitation ,,on ,,obligations7 7,,highway ,,trust ,,fund7 ,for payment of obligations incurred in carrying out the provisions of #bc ,u4,s4,c4 #djc1 including behavioral research on ,automated ,driving ,systems and ,advanced ,driver ,assistance ,systems and improving consumer responses to safety recalls1 section #djaa of the ,fixing ,america's ,surface ,transportation ,act 7,public ,law #aad-id71 and chapter #cjc of title #di1 ,united ,states ,code1 #aee1cjj1jjj1 to be derived from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 and to remain available until expended3 ,provided1 ,that none of the funds in this ,act shall be available for the planning or execution of programs the total obligations for which1 in fiscal year #bjba1 are in excess of #aee1cjj1jjj3 ,provided further1 ,that of the sums appropriated under this heading-- 7#a7 #adi1hjj1jjj shall be for programs authorized under #bc ,u4,s4,c4 #djc1 including behavioral research on ,automated ,driving ,systems and ,advanced ,driver ,assistance ,systems and improving consumer responses to safety recalls1 and section #djaa of the ,fixing ,america's ,surface ,transportation ,act 7,public ,law #aad-id72 and 7#b7 #e1ejj1jjj shall be for the ,national ,driver ,register authorized under chapter #cjc of title #di1 ,united ,states ,code3 ,provided further1 ,that within the #aee1cjj1jjj obligation limitation for operations and research1 #bj1jjj1jjj shall remain available until ,september #cj1 #bjbb1 and #c1jjj1jjj1 for impaired driving detection1 shall remain available until expended1 and shall be in addition to the amount of any limitation imposed on obligations for future years3 ,provided further1 ,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 #bjba in this ,act4 ,,highway ,,traffic ,,safety ,,grants 7,,liquidation ,,of ,,contract ,,authorization7 7,,limitation ,,on ,,obligations7 7,,highway ,,trust ,,fund7 ,for payment of obligations incurred in carrying out provisions of #bc ,u4,s4,c4 #djb1 #djd1 and #dje1 and section #djja7;a77#f7 of the ,fixing ,america's ,surface ,transportation ,act 7,public ,law #aad-id71 to remain available until expended1 #fbc1jag1jjj1 to be derived from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 ,provided1 ,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 #bjba are in excess of #fbc1jag1jjj for programs authorized under #bc ,u4,s4,c4 #djb1 #djd1 and #dje1 and section #djja7;a77#f7 of the ,fixing ,america's ,surface ,transportation ,act3 ,provided further1 ,that of the sums appropriated under this heading-- 7#a7 #bgi1hjj1jjj shall be for ,highway ,safety ,programs under #bc ,u4,s4,c4 #djb2 7#b7 #bhe1ijj1jjj shall be for ,national ,priority ,safety ,programs under #bc ,u4,s4,c4 #dje2 7#c7 #cj1ejj1jjj shall be for the ,high ,visibility ,enforcement ,program under #bc ,u4,s4,c4 #djd2 and 7#d7 #bf1hag1jjj shall be for ,administrative ,expenses under section #djja7;a77#f7 of the ,fixing ,america's ,surface ,transportation ,act3 ,provided further1 ,that none of these funds shall be used for construction1 rehabilitation1 or remodeling costs1 or for office furnishings and fixtures for ,state1 local or private buildings or structures3 ,provided further1 ,that not to exceed #ejj1jjj of the funds made available for ,national ,priority ,safety ,programs under #bc ,u4,s4,c4 #dje for ,impaired ,driving ,countermeasures 7as described in subsection 7d7 of that section7 shall be available for technical assistance to the ,states3 ,provided further1 ,that with respect to the ,transfers provision under #bc ,u4,s4,c4 #dje7;a77#h71 any amounts transferred to increase the amounts made available under section #djb shall include the obligation authority for such amounts3 ,provided further1 ,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 #bc ,u4,s4,c4 #dje7;a77#h7 within #e days4 ,,administrative ,,provisions--,,national ,,highway ,,traffic ,,safety ,,administration #adj4 ,an additional #acj1jjj shall be made available to the ,national ,highway ,traffic ,safety ,administration1 out of the amount limited for section #djb of title #bc1 ,united ,states ,code1 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 staff4 #ada4 ,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 used4 #adb4 ,in addition to the amounts made available under the heading1 ,operations and ,research 7,liquidation of ,contract ,authorization7 7,limitation on ,obligations7 7,highway ,trust ,fund7 for carrying out the provisions of section #djc of title #bc1 ,united ,states ,code1 #ag1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 shall be made available to the ,national ,highway ,traffic ,safety ,administration from the general fund3 ,provided1 ,that of the sums provided under this provision-- 7#a7 not to exceed #g1jjj1jjj shall be available to provide funding for grants1 pilot program activities1 and innovative solutions to reduce impaired-driving fatalities in collaboration with eligible entities under section #djc of title #bc1 ,united ,states ,code2 and 7#b7 not to exceed #aj1jjj1jjj shall be available to continue a high visibility enforcement paid-media campaign regarding highway-rail grade crossing safety in collaboration with the ,federal ,railroad ,administration4 #adc4 ,none of the funds in this ,act or any other ,act shall be used to enforce the requirements of section #dje7;a77#i7 of title #bc1 ,united ,states ,code4 ,federal railroad administration ,,safety ,,and ,,operations ,for necessary expenses of the ,federal ,railroad ,administration1 not otherwise provided for1 #bcd1ije1jjj1 of which #be1jjj1jjj shall remain available until expended4 ,,railroad ,,research ,,and ,,development ,for necessary expenses for railroad research and development1 #da1jjj1jjj1 to remain available until expended4 ,,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 #bdiaa of title #di1 ,united ,states ,code1 #bjj1jjj1jjj1 to remain available until expended3 ,provided1 ,that expenses incidental to the acquisition or construction 7including designing1 engineering1 location surveying1 mapping1 environmental studies1 and acquiring rights-of-way7 of a capital project as defined under section #bdiaa7;a77#b7 of title #di1 ,united ,states ,code1 are eligible for funding independently or in conjunction with proposed funding for construction3 ,provided further1 ,that the ,secretary may withhold up to #a percent of the amount provided under this heading for the costs of award and project management oversight of grants carried out under section #bdiaa of title #di1 ,united ,states ,code4 ,,consolidated ,,rail ,,infrastructure ,,and ,,safety ,,improvements 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses related to ,consolidated ,rail ,infrastructure and ,safety ,improvements ,grants1 as authorized by section #bbijg of title #di1 ,united ,states ,code1 #cge1jjj1jjj1 to remain available until expended3 ,provided1 ,that of the amounts made available under this heading-- 7#a7 not less than #ge1jjj1jjj shall be for projects eligible under section #bbijg7;c77#b7 of title #di1 ,united ,states ,code1 that support the development of new intercity passenger rail service routes including alignments for existing routes3 ,provided1 ,that the ,secretary shall give preference for pre-construction elements including preliminary engineering and final design of such projects2 and 7#b7 not less than #be1jjj1jjj shall be for capital projects and engineering solutions targeting trespassing3 ,provided1 ,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 ,property3 ,provided further1 ,that section #bbije7;f7 of title #di1 ,united ,states ,code1 shall not apply to projects for the implementation of positive train control systems otherwise eligible under section #bbijg7;c77#a7 of title #di1 ,united ,states ,code3 ,provided further1 ,that amounts made available under this heading for projects selected for commuter rail passenger transportation may be transferred by the ,secretary1 after selection1 to the appropriate agencies to be administered in accordance with chapter #ec of title #di1 ,united ,states ,code3 ,provided further1 ,that the ,secretary shall not limit eligible projects from consideration for funding for planning1 engineering1 environmental1 construction1 and design elements of the same project in the same application3 ,provided further1 ,that for amounts available under this heading eligible recipients under section #bbijg7;b7 of title #di1 ,united ,states ,code1 shall include any holding company of a ,class ,,ii railroad or ,class ,,iii railroad 7as those terms are defined in section #bjajb of title #di1 ,united ,states ,code73 ,provided further1 ,that unobligated balances remaining after #f years from the date of enactment of this ,act may be used for any eligible project under section #bbijg7;c7 of title #di1 ,united ,states ,code3 ,provided further1 ,that the ,secretary may withhold up to #a percent of the amount provided under this heading for the costs of award and project management oversight of grants carried out under section #bbijg of title #di1 ,united ,states ,code4 ,,magnetic ,,levitation ,,technology ,,deployment ,,program ,for necessary expenses related to the deployment of magnetic levitation transportation projects1 consistent with language in subsections 7a7 through 7c7 of section #acjg of ,,safetea-,,lu 7,public ,law #aji-ei71 as amended by section #ajb of the ,,safetea-,,lu ,technical ,corrections ,act of #bjjh 7,public ,law #aaj-bdd7 7#bc ,u4,s4,c4 #cbb note71 #b1jjj1jjj1 to remain available until expended4 ,,restoration ,,and ,,enhancement ,for necessary expenses related to ,restoration and ,enhancement ,grants1 as authorized by section #bddjh of title #di1 ,united ,states ,code1 #d1gbj1jjj1 to remain available until expended3 ,provided1 ,that the ,secretary may withhold up to #a percent of the funds provided under this heading to fund the costs of award and project management and oversight4 ,,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 #aaaja7;a7 of the ,fixing ,america's ,surface ,transportation ,act 7division ,a of ,public ,law #aad-id71 #gjj1jjj1jjj1 to remain available until expended3 ,provided1 ,that the ,secretary may retain up to one-half of #a 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 #aaaja7;c7 of division ,a of ,public ,law #aad-id3 ,provided further1 ,that in addition to the project management oversight funds authorized under section #aaaja7;c7 of division ,a of ,public ,law #aad-id1 the ,secretary may retain up to an additional #e1jjj1jjj of the funds provided under this heading to fund expenses associated with the ,northeast ,corridor ,commission established under section #bdije of title #di1 ,united ,states ,code3 ,provided further1 ,that of the amounts made available under this heading and the ,national ,network ,grants to the ,national ,railroad ,passenger ,corporation heading1 not less than #ge1jjj1jjj shall be made available to bring ,amtrak-served facilities and stations into compliance with the ,americans with ,disabilities ,act3 ,provided further1 ,that of the amounts made available under this heading and the ,national ,network ,grants to the ,national ,railroad ,passenger ,corporation heading1 #ajj1jjj1jjj shall be made available to fund the replacement of the single-level passenger cars used on the ,northeast ,corridor1 ,state-supported routes1 and long-distance routes1 as such terms are defined in section #bdajb of title #di1 ,united ,states ,code4 ,,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 #aaaja7;b7 of the ,fixing ,america's ,surface ,transportation ,act 7division ,a of ,public ,law #aad-id71 #a1cjj1jjj1jjj1 to remain available until expended3 ,provided1 ,that the ,secretary may retain up to an additional #b1jjj1jjj of the funds provided under this heading to fund expenses associated with the ,state-,supported ,route ,committee established under section #bdgab of title #di1 ,united ,states ,code3 ,provided further1 ,that at least #ej1jjj1jjj of the amount provided under this heading shall be available for the development1 installation and operation of railroad safety technology1 including the implementation of a positive train control system1 on ,state-supported routes as defined under section #bdajb7ac7 of title #di1 ,united ,states ,code1 on which positive train control systems are not required by law or regulation3 ,provided further1 ,that none of the funds provided under this heading shall be used by ,amtrak to give notice under subsection 7a7 or 7b7 of section #bdgjf of title #di1 ,united ,states ,code1 with respect to long-distance routes 7as defined in section #bdajb of title #di1 ,united ,states ,code7 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 regulation1 or1 except in an emergency or during maintenance or construction outages impacting such routes1 to otherwise discontinue1 reduce the frequency of1 suspend1 or substantially alter the route of rail service on any portion of such route operated in fiscal year #bjah1 including implementation of service permitted by section #bdcje7;a77#c77;,a7 of title #di1 ,united ,states ,code1 in lieu of rail service4 ,,administrative ,,provisions--,,federal ,,railroad ,,administration 7,,including ,,rescissions7 #aej4 ,none of the funds made available to the ,national ,railroad ,passenger ,corporation may be used to fund any overtime costs in excess of #ce1jjj for any individual employee3 ,provided1 ,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 system3 ,provided further1 ,that the ,president of ,amtrak shall report to the ,house and ,senate ,committees on ,appropriations no later than #fj days after the date of enactment of this ,act1 a summary of all overtime payments incurred by ,amtrak for #bjbj and the #c prior calendar years3 ,provided further1 ,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 #bjbj and for the #c prior calendar years4 #aea4 ,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 stations1 facilities or rights-of-way below the staffing level on ,may #a1 #bjai4 #aeb4 ,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 7#bi ,u4,s4,c4 #baja et seq474 #aec4 ,the matter under the heading ,department of ,transportation--,federal ,railroad ,administration--,consolidated ,rail ,infrastructure and ,safety ,improvements-- 7#a7 in division ,g of the ,consolidated ,appropriations ,act1 #bjai 7,public ,law #aaf-f7 is amended by striking #d years and inserting #f years in the fourth proviso2 and 7#b7 in division ,h of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id7 is amended by striking #d years and inserting #f years in the fourth proviso4 #aed4 ,of the unobligated balances of funds remaining from-- 7#a7 ,capital and ,debt ,service ,grants to the ,national ,railroad ,passenger ,corporation accounts totaling #aj1deh1ace4ed appropriated by the following public laws are hereby permanently rescinded3 7,a7 ,public ,law #aab-aj a total of #bhi1bcd4dh2 7,b7 ,public ,law #aab-ee a total of #d1gfj1jjj4jj2 7,c7 ,public ,law #aac-gf a total of #gib1ejb4eb2 7,d7 ,public ,law #aac-bce a total of #a1fih1hjf4fa2 and 7,e7 ,public ,law #aad-aac a total of #b1iag1eia4ic2 7#b7 ,railroad ,safety ,technology ,program account totaling #fac1beb4bi appropriated by ,public ,law #aaa-aag is hereby permanently rescinded2 7#c7 ,capital ,assistance to ,states--,intercity ,passenger ,rail ,service account totaling #aj1afd1hhe4ac appropriated by ,public ,law #aaa-h is hereby permanently rescinded2 7#d7 ,rail ,line ,relocation and ,improvement ,program accounts totaling #ab1fej1cfe4ad appropriated by the following public laws are hereby permanently rescinded3 7,a7 ,public ,law #aaj-afa a total of #ibc1bad4fc2 7,b7 ,public ,law #aaa-h a total of #e1eeh1bcc4ie2 7,c7 ,public ,law #aaa-aag a total of #c1gfc1gfg4ie2 and 7,d7 ,public ,law #aab-aj a total of #b1dje1adh4fa2 and 7#e7 ,next ,generation ,high-,speed ,rail accounts totaling #c1jcd1hdh4eb appropriated by the following public laws are hereby permanently rescinded3 7,a7 ,public ,law #ajd-ej a total of #faj1hjg4jj2 7,b7 ,public ,law #ajd-bje a total of #e1ifc4ga2 7,c7 ,public ,law #aje-ff a total of #a1bah1gdb4dg2 7,d7 ,public ,law #aje-bgg a total of #ag1jig4jj2 7,e7 ,public ,law #ajf-fi a total of #a1jje1ifi4jj2 7,f7 ,public ,law #ajh-g a total of #dc1iea4eg2 7,g7 ,public ,law #ajh-aii a total of #bd1bfc4dh2 and 7,h7 ,public ,law #ajh-ddg a total of #ajh1jed4bi4 #aee4 ,it is the sense of ,congress that-- 7#a7 long-distance passenger rail routes provide much-needed transportation access for #d1gjj1jjj riders in #cbe communities in #dj ,states and are particularly important in rural areas2 and 7#b7 long-distance passenger rail routes and services should be sustained to ensure connectivity throughout the ,national ,network 7as defined in section #bdajb of title #di1 ,united ,states ,code74 ,federal transit administration ,,administrative ,,expenses ,for necessary administrative expenses of the ,federal ,transit ,administration's programs authorized by chapter #ec of title #di1 ,united ,states ,code1 #aba1jeb1jjj which shall remain available until ,september #cj1 #bjbb1 and up to #a1jjj1jjj shall be available to carry out the provisions of section #ecbf of such title3 ,provided1 ,that upon submission to the ,congress of the fiscal year #bjbb ,president's budget1 the ,secretary of ,transportation shall transmit to ,congress the annual report on ,capital ,investment ,grants1 including proposed allocations for fiscal year #bjbb4 ,,transit ,,formula ,,grants 7,,liquidation ,,of ,,contract ,,authorization7 7,,limitation ,,on ,,obligations7 7,,highway ,,trust ,,fund7 ,for payment of obligations incurred in the ,federal ,public ,transportation ,assistance ,program in this account1 and for payment of obligations incurred in carrying out the provisions of #di ,u4,s4,c4 #ecje1 #ecjg1 #ecaj1 #ecaa1 #ecab1 #ecad1 #ecah1 #ecbi7;e77#f71 #ecce1 #eccg1 #ecci1 and #ecdj1 as amended by the ,fixing ,america's ,surface ,transportation ,act1 section #bjjje7;b7 of ,public ,law #aab-ada1 and section #cjjf7;b7 of the ,fixing ,america's ,surface ,transportation ,act1 #aj1hjj1jjj1jjj1 to be derived from the ,mass ,transit ,account of the ,highway ,trust ,fund and to remain available until expended3 ,provided1 ,that funds available for the implementation or execution of programs authorized under #di ,u4,s4,c4 #ecje1 #ecjg1 #ecaj1 #ecaa1 #ecab1 #ecad1 #ecah1 #ecbi7;e77#f71 #ecce1 #eccg1 #ecci1 and #ecdj1 as amended by the ,fixing ,america's ,surface ,transportation ,act1 section #bjjje7;b7 of ,public ,law #aab-ada1 and section #cjjf7;b7 of the ,fixing ,america's ,surface ,transportation ,act1 shall not exceed total obligations of #aj1aej1cdh1dfb in fiscal year #bjba3 ,provided further1 ,that the ,federal share of the cost of activities carried out under #di ,u4,s4,c4 section #ecab shall not exceed #hj percent1 except that if there is substantial public interest or benefit1 the ,secretary may approve a greater ,federal share4 ,,transit ,,infrastructure ,,grants ,for an additional amount for buses and bus facilities grants under section #ecci of title #di1 ,united ,states ,code1 low or no emission grants under section #ecci7;c7 of such title1 formula grants to rural areas under section #ecaa of such title1 high density state apportionments under section #ecdj7;d7 of such title1 state of good repair grants under section #eccg of such title1 ferry boats grants under section #ecjg7;h7 of such title1 bus testing facilities under section #ecah of such title1 grants to areas of persistent poverty1 innovative mobility solutions grants under section #ecab of such title1 and accelerating innovative mobility initiative grants under section #ecab such title1 #eaf1bbj1jjj1 to remain available until expended3 ,provided1 ,that of the sums provided under this heading-- 7#a7 #bdc1jjj1jjj shall be available for the buses and bus facilities grants as authorized under section #ecci of such title1 of which #aah1jjj1jjj shall be available for the buses and bus facilities formula grants as authorized under section #ecci7;a7 of such title1 and #abe1jjj1jjj shall be available for buses and bus facilities competitive grants as authorized under section #ecci7;b7 of such title2 7#b7 #abe1jjj1jjj shall be available for the low or no emission grants as authorized under section #ecci7;c7 of such title3 ,provided1 ,that the minimum grant award shall be not less than #gej1jjj2 7#c7 #dj1jjj1jjj shall be available for formula grants for rural areas as authorized under section #ecaa of such title2 7#d7 #dj1jjj1jjj shall be available for the high density state apportionments as authorized under section #ecdj7;d7 of such title2 7#e7 #dj1jjj1jjj shall be available for state of good repair grants as authorized under section #eccg of such title2 7#f7 #h1jjj1jjj shall be available for ferry boat grants as authorized under section #ecjg7;h7 of such title3 ,provided1 ,that of the amounts provided under this subparagraph1 #d1jjj1jjj 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 ferries2 7#g7 #b1jjj1jjj shall be available for the operation and maintenance of the bus testing facilities selected under section #ecah of such title2 7#h7 #af1bbj1jjj shall be available for competitive grants to eligible entities to assist areas of persistent poverty3 ,provided1 ,that the term areas of persistent poverty means any county that has consistently had greater than or equal to #bj percent of the population living in poverty during the #cj year period preceding the date of enactment of this ,act1 as measured by the #aiij and #bjjj decennial census and the most recent ,small ,area ,income and ,poverty ,estimates as estimated by the ,bureau of the ,census2 any census tract with a poverty rate of at least #bj percent as measured by the #bjad-bjah #e-year data series available from the ,american ,community ,survey of the ,bureau of the ,census2 or any territory or possession of the ,united ,states3 ,provided further1 ,that grants shall be for planning1 engineering1 or development of technical or financing plans for projects eligible under chapter #ec of title #di1 ,united ,states ,code3 ,provided further1 ,that eligible entities are those defined as eligible recipients or subrecipients under sections #ecjg1 #ecaj or #ecaa of title #di1 ,united ,states ,code1 and are in areas of persistent poverty3 ,provided further1 ,that the ,federal ,transit ,administration should complete outreach to such counties and the departments of transportation within applicable ,states via personal contact1 webinars1 web materials and other appropriate methods determined by the ,administrator of the ,federal ,transit ,administration3 ,provided further1 ,that ,state departments of transportation may apply on behalf of eligible entities within their ,states3 ,provided further1 ,that the ,federal ,transit ,administration should encourage grantees to work with non-profits or other entities of their choosing in order to develop planning1 technical1 engineering1 or financing plans3 ,provided further1 ,that the ,federal ,transit ,administration shall encourage grantees to partner with non-profits that can assist with making projects low or no emissions2 7#i7 #a1jjj1jjj shall be available for the demonstration and deployment of innovative mobility solutions as authorized under section #ecab of title #di1 ,united ,states ,code3 ,provided1 ,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 means3 ,provided further1 ,that the ,secretary shall evaluate the potential for software developed with grants or cooperative agreements to be shared for use by public transportation agencies2 and 7#aj7 #a1jjj1jjj shall be for the accelerating innovative mobility initiative as authorized under section #ecab of title #di1 ,united ,states ,code3 ,provided1 ,that such amounts shall be available for competitive grants to improve mobility and enhance the rider experience with a focus on innovative service delivery models1 creative financing1 novel partnerships1 and integrated payment solutions in order to help disseminate proven innovation mobility practices throughout the public transportation industry3 ,provided further1 ,that projects funded under paragraph 7#h7 of this heading shall be for not less than #ij percent of the net total project cost3 ,provided further1 ,that amounts made available by this heading shall be derived from the general fund3 ,provided further1 ,that the amounts made available under this heading shall not be subject to any limitation on obligations for transit programs set forth in any ,act4 ,,technical ,,assistance ,,and ,,training ,for necessary expenses to carry out section #ecad of title #di1 ,united ,states ,code1 #g1ejj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that the assistance provided under this heading does not duplicate the activities of section #ecaa7;b7 or section #ecab of title #di1 ,united ,states ,code4 ,,capital ,,investment ,,grants ,for necessary expenses to carry out fixed guideway capital investment grants under section #ecji of title #di1 ,united ,states ,code1 and section #cjje7;b7 of the ,fixing ,america's ,surface ,transportation ,act 7,public ,law #aad-id71 #b1jad1jjj1jjj1 to remain available until ,september #cj1 #bjbd3 ,provided1 ,that of the amounts made available under this heading1 #a1afi1jjj1jjj shall be available for projects authorized under section #ecji7;d7 of title #di1 ,united ,states ,code1 #ebe1jjj1jjj shall be available for projects authorized under section #ecji7;e7 of title #di1 ,united ,states ,code1 #bjj1jjj1jjj shall be available for projects authorized under section #ecji7;h7 of title #di1 ,united ,states ,code1 and #ajj1jjj1jjj shall be available for projects authorized under section #cjje7;b7 of the ,fixing ,america's ,surface ,transportation ,act3 ,provided further1 ,that the ,secretary shall continue to administer the capital investment grants program in accordance with the procedural and substantive requirements of section #ecji of title #di1 ,united ,states ,code1 and of section #cjje7;b7 of the ,fixing ,america's ,surface ,transportation ,act3 ,provided further1 ,that projects that receive a grant agreement under the ,expedited ,project ,delivery for ,capital ,investment ,grants ,pilot ,program under section #cjje7;b7 of the ,fixing ,america's ,surface ,transportation ,act shall be deemed eligible for funding provided for projects under section #ecji of title #di1 ,united ,states ,code1 without further evaluation or rating under such section3 ,provided further1 ,that such funding shall not exceed the ,federal share under section #cjje7;b73 ,provided ,further1 ,that funds allocated pursuant to #di ,u4,s4,c4 #ecji to any project during fiscal years #bjae or #bjag shall remain allocated to that project until ,december #ca1 #bjba4 ,,grants ,,to ,,the ,,washington ,,metropolitan ,,area ,,transit ,,authority ,for grants to the ,washington ,metropolitan ,area ,transit ,authority as authorized under section #fja of division ,b of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7,public ,law #aaj-dcb71 #aej1jjj1jjj1 to remain available until expended3 ,provided1 ,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 project3 ,provided further1 ,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 grants3 ,provided further1 ,that the ,secretary1 in order to ensure safety throughout the rail system1 may waive the requirements of section #fja7;e77#a7 of division ,b of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7,public ,law #aaj-dcb74 ,,administrative ,,provisions--,,federal ,,transit ,,administration 7,,including ,,rescissions7 #afj4 ,the limitations on obligations for the programs of the ,federal ,transit ,administration shall not apply to any authority under #di ,u4,s4,c4 #ecch1 previously made available for obligation1 or to any other authority previously made available for obligation4 #afa4 ,notwithstanding any other provision of law1 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 #d 7in the matter preceding division ,a of this consolidated ,act7 not obligated by ,september #cj1 #bjbd1 and other recoveries1 shall be directed to projects eligible to use the funds for the purposes for which they were originally provided4 #afb4 ,notwithstanding any other provision of law1 any funds appropriated before ,october #a1 #bjbj1 under any section of chapter #ec of title #di1 ,united ,states ,code1 that remain available for expenditure1 may be transferred to and administered under the most recent appropriation heading for any such section4 #afc4 ,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 #iejc7;e77#d7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #iejc7;e77#d774 #afd4 ,an eligible recipient of a grant under section #ecci7;c7 may submit an application in partnership with other entities1 including a transit vehicle manufacturer1 that intend to participate in the implementation of a project under section #ecci7;c7 of title #di1 ,united ,states ,code1 and a project awarded with such partnership shall be treated as satisfying the requirement for a competitive procurement under section #ecbe7;a7 of title #di1 ,united ,states ,code1 for the named entity4 #afe4 ,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 #dj percent of project costs as authorized under section #ecji of title #di1 ,united ,states ,code4 #aff4 ,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 statement4 #afg4 ,of the unobligated amounts made available for prior fiscal years to ,formula ,grants in ,treasury ,account #fi-,x-#aabi1 a total of #a1fjf1hdi are hereby permanently rescinded3 ,provided1 ,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 #aihe4 #afh4 ,of the unobligated amounts made available for the ,job ,access and ,reverse ,commute program1 as authorized by ,public ,law #aje-agh1 as amended1 a total of #cbj1bcj are hereby permanently rescinded4 #afi4 ,of the unobligated amounts made available for ,research1 ,training1 and ,human ,resources1 as authorized by ,public ,law #ie-eii1 as amended1 a total of #ca1fcd are hereby permanently rescinded4 #afi;,a4 ,any unexpended balances from amounts previously appropriated for low or no emission vehicle component assessment under #di ,u4,s4,c4 #ecab7;h7 under the headings ,transit ,formula ,grants and ,transit ,infrastructure ,grants in fiscal years #bjaf through #bjbj 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 capability1 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 review4 ,saint lawrence seaway development corporation ,the ,saint ,lawrence ,seaway ,development ,corporation is hereby authorized to make such expenditures1 within the limits of funds and borrowing authority available to the ,corporation1 and in accord with law1 and to make such contracts and commitments without regard to fiscal year limitations1 as provided by section #iajd of title #ca1 ,united ,states ,code1 as may be necessary in carrying out the programs set forth in the ,corporation's budget for the current fiscal year4 ,,operations ,,and ,,maintenance 7,,harbor ,,maintenance ,,trust ,,fund7 ,for necessary expenses to conduct the operations1 maintenance1 and capital infrastructure activities on portions of the ,saint ,lawrence ,seaway owned1 operated1 and maintained by the ,saint ,lawrence ,seaway ,development ,corporation1 #ch1jjj1jjj1 to be derived from the ,harbor ,maintenance ,trust ,fund1 pursuant to section #baj of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch73 ,provided1 ,that of the amounts made available under this heading1 not less than #ad1ejj1jjj shall be for the seaway infrastructure program4 ,maritime administration ,,maritime ,,security ,,program ,for necessary expenses to maintain and preserve a ,u4,s4-flag merchant fleet to serve the national security needs of the ,united ,states1 #cad1jjg1ghj1 to remain available until expended1 of which #g1ghj shall be derived from unobligated balances from prior year appropriations available under this heading4 ,,cable ,,security ,,fleet ,for the ,cable ,security ,fleet program1 as authorized by chapter #ecb of title #df1 ,united ,states ,code1 #aj1jjj1jjj1 to remain available until expended4 ,,operations ,,and ,,training 7,,including ,,transfer ,,of ,,funds7 ,for necessary expenses of operations and training activities authorized by law1 #aee1faf1jjj3 ,provided1 ,that of the amounts made available under this heading-- 7#a7 #hj1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 shall be for the operations of the ,united ,states ,merchant ,marine ,academy2 7#b7 #e1idd1jjj1 to remain available until expended1 shall be for facilities maintenance and repair1 and equipment1 at the ,united ,states ,merchant ,marine ,academy2 7#c7 #c1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 shall be for the ,maritime ,environmental and ,technical ,assistance program authorized under section #ejcjg of title #df1 ,united ,states ,code2 and 7#d7 #aj1hai1jjj1 to remain available until expended1 shall be for the ,short ,sea ,transportation ,program 7,america's ,marine ,highways7 to make grants for the purposes authorized under paragraphs 7#a7 and 7#c7 of section #eefja7;b7 of title #df1 ,united ,states ,code3 ,provided further1 ,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 #ceaj of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7#df ,u4,s4,c4 #eacah73 ,provided further1 ,that available balances under this heading for the ,short ,sea ,transportation ,program 7,america's ,marine ,highways7 from prior year recoveries shall be available to carry out activities authorized under paragraphs 7#a7 and 7#c7 of section #eefja7;b7 of title #df1 ,united ,states ,code3 ,provided further1 ,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 ,operations4 ,,state ,,maritime ,,academy ,,operations ,for necessary expenses of operations1 support1 and training activities for ,state ,maritime ,academies1 #dcb1gjj1jjj3 ,provided1 ,that of the sums appropriated under this heading-- 7#a7 #cj1ejj1jjj1 to remain available until expended1 shall be for maintenance1 repair1 life extension1 insurance1 and capacity improvement of ,national ,defense ,reserve ,fleet training ships1 and for support of training ship operations at the ,state ,maritime ,academies1 of which #h1ejj1jjj1 to remain available until expended1 shall be for expenses related to training mariners2 and for costs associated with training vessel sharing pursuant to #df ,u4,s4,c4 #eaejd7;g77#c7 for costs associated with mobilizing1 operating and demobilizing the vessel1 including travel costs for students1 faculty and crew1 the costs of the general agent1 crew costs1 fuel1 insurance1 operational fees1 and vessel hire costs1 as determined by the ,secretary2 7#b7 #cij1jjj1jjj1 to remain available until expended1 shall be for the ,national ,security ,multi-,mission ,vessel ,program1 including funds for construction1 planning1 administration1 and design of school ships2 7#c7 #b1djj1jjj to remain available through ,september #cj1 #bjbb1 shall be for the ,student ,incentive ,program2 7#d7 #c1hjj1jjj shall remain available until expended1 shall be for training ship fuel assistance2 and 7#e7 #f1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 shall be for direct payments for ,state ,maritime ,academies4 ,,assistance ,,to ,,small ,,shipyards ,to make grants to qualified shipyards as authorized under section #edaja of title #df1 ,united ,states ,code1 #bj1jjj1jjj1 to remain available until expended4 ,,ship ,,disposal ,for necessary expenses related to the disposal of obsolete vessels in the ,national ,defense ,reserve ,fleet of the ,maritime ,administration1 #d1bjj1jjj1 to remain available until expended4 ,,maritime ,,guaranteed ,,loan 7,,title ,,xi7 ,,program ,,account 7,,including ,,transfer ,,of ,,funds7 ,for administrative expenses to carry out the guaranteed loan program1 #c1jjj1jjj1 which shall be transferred to and merged with the appropriations for ,maritime ,administration--,operations and ,training4 ,,port ,,infrastructure ,,development ,,program ,to make grants to improve port facilities as authorized under section #ejcjb7;c7 of title #df1 ,united ,states ,code1 #bcj1jjj1jjj1 to remain available until expended3 ,provided1 ,that projects eligible for amounts made available under this heading shall be projects for coastal seaports1 inland river ports1 or ,great ,lakes ports3 ,provided further1 ,that of the amounts made available under this heading1 not less than #bje1jjj1jjj shall be for coastal seaports or ,great ,lakes ports3 ,provided further1 ,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 authority1 as well as to a ,state or political subdivision of a ,state or local government1 a ,tribal ,government1 a public agency or publicly chartered authority established by one or more ,states1 a special purpose district with a transportation function1 a multistate or multijurisdictional group of entities1 or a lead entity described above jointly with a private entity or group of private entities3 ,provided further1 ,that projects eligible for amounts made available under this heading shall be designed to improve the safety1 efficiency1 or reliability of the movement of goods into1 out of1 around1 or within a port and located-- 7#a7 within the boundary of a port2 or 7#b7 outside the boundary of a port1 and directly related to port operations1 or to an intermodal connection to a port3 ,provided further1 ,that project awards eligible under this heading shall be only for-- 7#a7 port gate improvements2 7#b7 road improvements both within and connecting to the port2 7#c7 rail improvements both within and connecting to the port2 7#d7 berth improvements 7including docks1 wharves1 piers and dredging incidental to the improvement project72 7#e7 fixed landside improvements in support of cargo operations 7such as silos1 elevators1 conveyors1 container terminals1 ,ro_/,ro structures including parking garages necessary for intermodal freight transfer1 warehouses including refrigerated facilities1 lay-down areas1 transit sheds1 and other such facilities72 7#f7 utilities necessary for safe operations 7including lighting1 stormwater1 and other such improvements that are incidental to a larger infrastructure project72 or 7#g7 a combination of activities described above3 ,provided further1 ,that the ,federal share of the costs for which an amount is provided under this heading shall be up to #hj percent3 ,provided further1 ,that for grants awarded under this heading1 the minimum grant size shall be #a1jjj1jjj3 ,provided further1 ,that for grant awards less than #aj1jjj1jjj1 the ,secretary shall prioritize ports that handled less than #aj1jjj1jjj short tons in #bjag1 as identified by the ,corps of ,engineers3 ,provided further1 ,that for grant awards less than #aj1jjj1jjj1 the ,secretary may increase the ,federal share of costs above #hj percent3 ,provided further1 ,that not to exceed #b percent of the amounts made available under this heading shall be available for necessary costs of grant administration4 ,,administrative ,,provisions--,,maritime ,,administration #agj4 ,notwithstanding any other provision of this ,act1 in addition to any existing authority1 the ,maritime ,administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease1 contract1 or occupancy involving ,government property under control of the ,maritime ,administration3 ,provided1 ,that payments received therefor shall be credited to the appropriation charged with the cost thereof and shall remain available until expended3 ,provided further1 ,that rental payments under any such lease1 contract1 or occupancy for items other than such utilities1 services1 or repairs shall be deposited into the ,treasury as miscellaneous receipts4 ,pipeline and hazardous materials safety administration ,,operational ,,expenses ,for necessary operational expenses of the ,pipeline and ,hazardous ,materials ,safety ,administration1 #bh1gae1jjj1 of which #d1ejj1jjj shall remain available until ,september #cj1 #bjbc4 ,,hazardous ,,materials ,,safety ,for expenses necessary to discharge the hazardous materials safety functions of the ,pipeline and ,hazardous ,materials ,safety ,administration1 #fb1jjj1jjj1 of which #ad1jjj1jjj shall remain available until ,september #cj1 #bjbc3 ,provided1 ,that up to #hjj1jjj in fees collected under #di ,u4,s4,c4 #eajh7;g7 shall be deposited in the general fund of the ,treasury as offsetting receipts3 ,provided further1 ,that there may be credited to this appropriation1 to be available until expended1 funds received from ,states1 counties1 municipalities1 other public authorities1 and private sources for expenses incurred for training1 for reports publication and dissemination1 and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions4 ,,pipeline ,,safety 7,,pipeline ,,safety ,,fund7 7,,oil ,,spill ,,liability ,,trust ,,fund7 ,for expenses necessary to carry out a pipeline safety program1 as authorized by #di ,u4,s4,c4 #fjajg1 and to discharge the pipeline program responsibilities of the ,oil ,pollution ,act of #aiij1 #afh1jjj1jjj1 to remain available until ,september #cj1 #bjbc1 of which #bc1jjj1jjj shall be derived from the ,oil ,spill ,liability ,trust ,fund2 of which #acg1jjj1jjj shall be derived from the ,pipeline ,safety ,fund2 and of which #h1jjj1jjj shall be derived from fees collected under #di ,u4,s4,c4 #fjcjb and deposited in the ,underground ,natural ,gas ,storage ,facility ,safety ,account for the purpose of carrying out #di ,u4,s4,c4 #fjada3 ,provided1 ,that not less than #a1jeh1jjj of the funds provided under this heading shall be for the ,one-,call ,state grant program3 ,provided further1 ,that any amounts provided under this heading in this ,act or in prior ,acts for research contracts1 grants1 cooperative agreements or research other transactions agreements 7,o,t,as7 shall require written notification to the ,house and ,senate ,committees on ,appropriations not less than #c full business days before such research contracts1 grants1 cooperative agreements1 or research ,o,t,as are announced by the ,department of ,transportation3 ,provided further1 ,that the ,administrator may obligate amounts made available under this heading to engineer1 erect1 alter1 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 ,appropriations4 ,,emergency ,,preparedness ,,grants 7,,limitation ,,on ,,obligations7 7,,emergency ,,preparedness ,,fund7 ,for expenses necessary to carry out the ,emergency ,preparedness ,grants program1 not more than #bh1cah1jjj shall remain available until ,september #cj1 #bjbc1 from amounts made available by section #eaaf7;h7 and subsections 7b7 and 7c7 of section #eabh of title #di1 ,united ,states ,code3 ,provided1 ,that notwithstanding section #eaaf7;h77#d7 of title #di1 ,united ,states ,code1 not more than #d percent of the amounts made available from this account shall be available to pay administrative costs3 ,provided further1 ,that notwithstanding subsections 7b7 and 7c7 of section #eabh of title #di1 ,united ,states ,code1 and the limitation on obligations provided under this heading1 prior year recoveries recognized in the current year shall be available to develop and deliver hazardous materials emergency response training for emergency responders1 including response activities for the transportation of crude oil1 ethanol1 flammable liquids1 and other hazardous commodities by rail1 consistent with ,national ,fire ,protection ,association standards1 and to make such training available through an electronic format3 ,provided further1 ,that the prior year recoveries made available under this heading shall also be available to carry out sections #eaaf7;a77#a77;,c71 #eaaf7;h71 #eaaf7;i71 and #eajg7;e7 of title #di1 ,united ,states ,code4 ,,administrative ,,provisions--,,pipeline ,,and ,,hazardous ,,materials ,,safety ,,administration #ahj4 ,in addition to the amounts made available under the heading1 ,emergency ,preparedness ,grants1 #a1jjj1jjj1 to remain available until ,september #cj1 #bjbc1 shall be made available to the ,pipeline and ,hazardous ,materials ,safety ,administration from the general fund of the ,treasury1 in addition to amounts otherwise available for such purposes1 to develop and deliver hazardous materials emergency response training for emergency responders1 including response activities for the transportation of crude oil1 ethanol1 flammable liquids1 and other hazardous commodities by rail1 consistent with ,national ,fire ,protection ,association standards1 and to make such training available through an electronic format4 ,office of inspector general ,,salaries ,,and ,,expenses ,for necessary expenses of the ,office of ,inspector ,general to carry out the provisions of the ,inspector ,general ,act of #aigh1 as amended1 #ih1aej1jjj3 ,provided1 ,that the ,inspector ,general shall have all necessary authority1 in carrying out the duties specified in the ,inspector ,general ,act1 as amended 7#e ,u4,s4,c4 ,app4 #c71 to investigate allegations of fraud1 including false statements to the government 7#ah ,u4,s4,c4 #ajja71 by any person or entity that is subject to regulation by the ,department of ,transportation4 ,general provisions--,department of transportation #aij4 7a7 ,during the current fiscal year1 applicable appropriations to the ,department of ,transportation shall be available for maintenance and operation of aircraft2 hire of passenger motor vehicles and aircraft2 purchase of liability insurance for motor vehicles operating in foreign countries on official department business2 and uniforms or allowances therefor1 as authorized by sections #eija and #eijb of title #e1 ,united ,states ,code4 7b7 ,during the current fiscal year1 applicable appropriations to the ,department and its operating administrations shall be available for the purchase1 maintenance1 operation1 and deployment of unmanned aircraft systems that advance the missions of the ,department of ,transportation or an operating administration of the ,department of ,transportation4 7c7 ,any unmanned aircraft system purchased1 procured1 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 purchased1 procured1 or contracted for4 #aia4 ,appropriations contained in this ,act for the ,department of ,transportation shall be available for services as authorized by section #caji of title #e1 ,united ,states ,code1 but at rates for individuals not to exceed the per diem rate equivalent to the rate for an ,executive ,level ,,iv4 #aib4 7a7 ,no recipient of amounts made available by this ,act shall disseminate personal information 7as defined in section #bgbe7c7 of title #ah1 ,united ,states ,code7 obtained by a ,state department of motor vehicles in connection with a motor vehicle record as defined in section #bgbe7a7 of title #ah1 ,united ,states ,code1 except as provided in section #bgba of title #ah1 ,united ,states ,code1 for a use permitted under section #bgba of title #ah1 ,united ,states ,code4 7b7 ,notwithstanding subsection 7a71 the ,secretary shall not withhold amounts made available by this ,act for any grantee if a ,state is in noncompliance with this provision4 #aic4 ,none of the funds made available by this ,act shall be available for salaries and expenses of more than #abe political and ,presidential appointees in the ,department of ,transportation3 ,provided1 ,that none of the personnel covered by this provision may be assigned on temporary detail outside the ,department of ,transportation4 #aid4 ,funds received by the ,federal ,highway ,administration and ,federal ,railroad ,administration from ,states1 counties1 municipalities1 other public authorities1 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 account1 except for ,state rail safety inspectors participating in training pursuant to section #bjaje of title #di1 ,united ,states ,code4 #aie4 ,none of the funds made available by this ,act to the ,department of ,transportation may be used to make a loan1 loan guarantee1 line of credit1 letter of intent1 federally funded cooperative agreement1 full funding grant agreement1 or discretionary grant unless the ,secretary of ,transportation notifies the ,house and ,senate ,committees on ,appropriations not less than #c full business days before any project competitively selected to receive any discretionary grant award1 letter of intent1 loan commitment1 loan guarantee commitment1 line of credit commitment1 federally funded cooperative agreement1 or full funding grant agreement is announced by the ,department or its operating administrations3 ,provided1 ,that the ,secretary of ,transportation shall provide the ,house and ,senate ,committees on ,appropriations with a comprehensive list of all such loans1 loan guarantees1 lines of credit1 letters of intent1 federally funded cooperative agreements1 full funding grant agreements1 and discretionary grants prior to the notification required under the previous proviso3 ,provided further1 ,that the ,secretary gives concurrent notification to the ,house and ,senate ,committees on ,appropriations for any quick release of funds from the emergency relief program3 ,provided further1 ,that no notification shall involve funds that are not available for obligation4 #aif4 ,rebates1 refunds1 incentive payments1 minor fees1 and other funds received by the ,department of ,transportation from travel management centers1 charge card programs1 the subleasing of building space1 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 expended4 #aig4 ,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 award1 which are recovered pursuant to law1 shall be available-- 7#a7 to reimburse the actual expenses incurred by the ,department of ,transportation in recovering improper payments3 ,provided1 ,that amounts made available by this ,act shall be available until expended2 and 7#b7 to pay contractors for services provided in recovering improper payments or contractor support in the implementation of the ,improper ,payments ,information ,act of #bjjb 7,public ,law #ajg-cjj71 as amended by the ,improper ,payments ,elimination and ,recovery ,act of #bjaj 7,public ,law #aaa-bjd7 and ,improper ,payments ,elimination and ,recovery ,improvement ,act of #bjab 7,public ,law #aab-bdh71 and ,fraud ,reduction and ,data ,analytics ,act of #bjae 7,public ,law #aad-ahf73 ,provided1 ,that amounts in excess of that required for paragraphs 7#a7 and 7#b7-- 7,a7 shall be credited to and merged with the appropriation from which the improper payments were made1 and shall be available for the purposes and period for which such appropriations are available3 ,provided further1 ,that where specific project or accounting information associated with the improper payment or payments is not readily available1 the ,secretary may credit an appropriate account1 which shall be available for the purposes and period associated with the account so credited2 or 7,b7 if no such appropriation remains available1 shall be deposited in the ,treasury as miscellaneous receipts3 ,provided further1 ,that prior to depositing such recovery in the ,treasury1 the ,secretary shall notify the ,house and ,senate ,committees on ,appropriations of the amount and reasons for such transfer3 ,provided further1 ,that for purposes of this section1 the term improper payments has the same meaning as that provided in section #b7;e77#b7 of the ,improper ,payments ,elimination and ,recovery ,act of #bjaj 7,public ,law #aaa-bjd74 #aih4 ,notwithstanding any other provision of law1 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 ,appropriations1 transmission of such reprogramming notice shall be provided solely to the ,house and ,senate ,committees on ,appropriations1 and such reprogramming action shall be approved or denied solely by the ,house and ,senate ,committees on ,appropriations3 ,provided1 ,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 #cj days after the date on which the reprogramming action has been approved or denied by the ,house and ,senate ,committees on ,appropriations4 #aii4 ,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 administrations4 #aii;,a4 ,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 #gije of title #e1 ,united ,states ,code1 including distribution of transit benefits by various paper and electronic media4 #aii;,b4 ,the ,department of ,transportation may use funds provided by this ,act1 or any other ,act1 to assist a contract under title #di ,u4,s4,c4 or title #bc ,u4,s4,c4 utilizing geographic1 economic1 or any other hiring preference not otherwise authorized by law1 or to amend a rule1 regulation1 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 assisting1 only if the grant recipient certifies the following3 7#a7 that except with respect to apprentices or trainees1 a pool of readily available but unemployed individuals possessing the knowledge1 skill1 and ability to perform the work that the contract requires resides in the jurisdiction2 7#b7 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 preference2 and 7#c7 that any increase in the cost of labor1 training1 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 ,program4 #aii;,c4 ,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 practices4 #aii;,d4 ,none of the funds made available by this ,act to the ,department of ,transportation may be used in contravention of section #cjfajh of title #ed1 ,united ,states ,code4 ,this title may be cited as the ,department of ,transportation ,appropriations ,act1 #bjba4 ,,ii ,,department ,,of ,,housing ,,and ,,urban ,,development ,management and administration ,,executive ,,offices ,for necessary salaries and expenses for ,executive ,offices1 which shall be comprised of the offices of the ,secretary1 ,deputy ,secretary1 ,adjudicatory ,services1 ,congressional and ,intergovernmental ,relations1 ,public ,affairs1 ,small and ,disadvantaged ,business ,utilization1 and the ,center for ,faith-,based and ,neighborhood ,partnerships1 #ag1bib1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that not to exceed #be1jjj of the amount made available under this heading shall be available to the ,secretary of ,housing and ,urban ,development 7referred to in this title as the ,secretary7 for official reception and representation expenses as the ,secretary may determine4 ,,administrative ,,support ,,offices ,for necessary salaries and expenses for ,administrative ,support ,offices1 #egf1fhi1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that of the sums appropriated under this heading-- 7#a7 #gd1dfb1jjj shall be available for the ,office of the ,chief ,financial ,officer2 7#b7 #ajg1bed1jjj shall be available for the ,office of the ,general ,counsel1 of which not less than #bj1jej1jjj shall be for the ,departmental ,enforcement ,center2 7#c7 #bjg1fic1jjj shall be available for the ,office of ,administration1 of which not more than #aj1jjj1jjj may be for modernizing the ,weaver ,building and space consolidation2 7#d7 #ch1icc1jjj shall be available for the ,office of the ,chief ,human ,capital ,officer2 7#e7 #ei1feb1jjj shall be available for the ,office of ,field ,policy and ,management2 7#f7 #ba1jac1jjj shall be available for the ,office of the ,chief ,procurement ,officer2 7#g7 #d1bci1jjj shall be available for the ,office of ,departmental ,equal ,employment ,opportunity2 and 7#h7 #fc1ddc1jjj shall be available for the ,office of the ,chief ,information ,officer3 ,provided further1 ,that funds made available under this heading may be used for necessary administrative and non-administrative expenses of the ,department1 not otherwise provided for1 including purchase of uniforms1 or allowances therefor1 as authorized by sections #eija and #eijb of title #e1 ,united ,states ,code2 hire of passenger motor vehicles2 and services as authorized by section #caji of title #e1 ,united ,states ,code3 ,provided further1 ,that notwithstanding any other provision of law1 funds appropriated under this heading may be used for advertising and promotional activities that directly support program activities funded in this title3 ,provided further1 ,that the ,secretary shall provide the ,house and ,senate ,committees on ,appropriations quarterly written notification regarding the status of pending congressional reports3 ,provided further1 ,that the ,secretary shall provide in electronic form all signed reports required by ,congress3 ,provided further1 ,that not more than #aj 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 ,appropriations1 for approval1 a plan for expenditure that includes the financial and internal control capabilities to be delivered and the mission benefits to be realized1 key milestones to be met1 and the relationship between the proposed use of funds made available under this heading and the projected total cost and scope of the initiative4 ,,program ,,offices ,for necessary salaries and expenses for ,program ,offices1 #ijd1fgc1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that of the sums appropriated under this heading-- 7#a7 #bdc1jef1jjj shall be available for the ,office of ,public and ,indian ,housing2 7#b7 #aca1ajg1jjj shall be available for the ,office of ,community ,planning and ,development2 7#c7 #djd1aid1jjj shall be available for the ,office of ,housing1 of which not less than #ac1bjj1jjj shall be for the ,office of ,recapitalization2 7#d7 #cf1bej1jjj shall be available for the ,office of ,policy ,development and ,research2 7#e7 #gi1gfc1jjj shall be available for the ,office of ,fair ,housing and ,equal ,opportunity2 and 7#f7 #aj1cjc1jjj shall be available for the ,office of ,lead ,hazard ,control and ,healthy ,homes4 ,,working ,,capital ,,fund 7,,including ,,transfer ,,of ,,funds7 ,for the working capital fund for the ,department of ,housing and ,urban ,development 7referred to in this paragraph as the ,fund71 pursuant1 in part1 to section #g7;f7 of the ,department of ,housing and ,urban ,development ,act 7#db ,u4,s4,c4 #cece7;f771 amounts transferred1 including reimbursements pursuant to section #g7;f71 to the ,fund under this heading shall be available only for ,federal shared services used by offices and agencies of the ,department1 and for any such portion of any office or agency's printing1 records management1 space renovation1 furniture1 or supply services the ,secretary has determined shall be provided through the ,fund1 and the operational expenses of the ,fund3 ,provided1 ,that amounts within the ,fund shall not be available to provide services not specifically authorized under this heading3 ,provided further1 ,that upon a determination by the ,secretary that any other service 7or portion thereof7 authorized under this heading shall be provided through the ,fund1 amounts made available in this title for salaries and expenses under the headings ,executive ,offices1 ,administrative ,support ,offices1 ,program ,offices1 and ,government ,national ,mortgage ,association1 for such services shall be transferred to the ,fund1 to remain available until expended3 ,provided further1 ,that the ,secretary shall notify the ,house and ,senate ,committees on ,appropriations of its plans for executing such transfers at least #ae days in advance of such transfers4 ,public and ,indian ,housing ,,tenant-,,based ,,rental ,,assistance ,for activities and assistance for the provision of tenant-based rental assistance authorized under the ,united ,states ,housing ,act of #aicg1 as amended 7#db ,u4,s4,c4 #adcg et seq47 7in this title the ,act71 not otherwise provided for1 #ba1ggg1dci1jjj1 to remain available until expended1 which shall be available on ,october #a1 #bjbj 7in addition to the #d1jjj1jjj1jjj previously appropriated under this heading that shall be available on ,october #a1 #bjbj71 and #d1jjj1jjj1jjj1 to remain available until expended1 which shall be available on ,october #a1 #bjba3 ,provided1 ,that the amounts made available under this heading are provided as follows3 7#a7 #bc1jhj1jjj1jjj shall be available for renewals of expiring section #h tenant-based annual contributions contracts 7including renewals of enhanced vouchers under any provision of law authorizing such assistance under section #h7t7 of the ,act7 and including renewal of other special purpose incremental vouchers3 ,provided1 ,that notwithstanding any other provision of law1 from amounts provided under this paragraph and any carryover1 the ,secretary for the calendar year #bjba funding cycle shall provide renewal funding for each public housing agency based on validated voucher management system 7,,vms7 leasing and cost data for the prior calendar year and by applying an inflation factor as established by the ,secretary1 by notice published in the ,federal ,register1 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 vouchers3 ,provided further1 ,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 contract1 except for public housing agencies participating in the ,moving to ,work 7,,mtw7 demonstration1 which are instead governed in accordance with the requirements of the ,,mtw demonstration program or their ,,mtw agreements1 if any3 ,provided further1 ,that the ,secretary shall1 to the extent necessary to stay within the amount specified under this paragraph 7except as otherwise modified under this paragraph71 prorate each public housing agency's allocation otherwise established pursuant to this paragraph3 ,provided further1 ,that except as provided in the following provisos1 the entire amount specified under this paragraph 7except as otherwise modified under this paragraph7 shall be obligated to the public housing agencies based on the allocation and pro rata method described above1 and the ,secretary shall notify public housing agencies of their annual budget by the latter of #fj days after enactment of this ,act or ,march #a1 #bjba3 ,provided further1 ,that the ,secretary may extend the notification period with the prior written approval of the ,house and ,senate ,committees on ,appropriations3 ,provided further1 ,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 agreements1 if any1 and shall be subject to the same pro rata adjustments under the previous provisos3 ,provided further1 ,that the ,secretary may offset public housing agencies' calendar year #bjba allocations based on the excess amounts of public housing agencies' net restricted assets accounts1 including ,,hud-held programmatic reserves 7in accordance with ,,vms data in calendar year #bjbj that is verifiable and complete71 as determined by the ,secretary3 ,provided further1 ,that public housing agencies participating in the ,,mtw demonstration shall also be subject to the offset1 as determined by the ,secretary1 excluding amounts subject to the single fund budget authority provisions of their ,,mtw agreements1 from the agencies' calendar year #bjba ,,mtw funding allocation3 ,provided further1 ,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 funding1 as determined by the ,secretary1 and to avoid or reduce the proration of renewal funding allocations3 ,provided further1 ,that up to #aaj1jjj1jjj shall be available only3 7#a7 for adjustments in the allocations for public housing agencies1 after application for an adjustment by a public housing agency that experienced a significant increase1 as determined by the ,secretary1 in renewal costs of vouchers 7including ,mainstream vouchers7 resulting from unforeseen circumstances or from portability under section #h7r7 of the ,act2 7#b7 for vouchers that were not in use during the previous #ab-month period in order to be available to meet a commitment pursuant to section #h7o77#ac7 of the ,act1 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 #bci of the ,transportation1 ,housing and ,urban ,development1 and ,related ,agencies ,appropriations ,act1 #bjaf 7division ,l of ,public ,law #aad-aac72 7#c7 for adjustments for costs associated with ,,hud-,veterans ,affairs ,supportive ,housing 7,,hud-,,vash7 vouchers2 7#d7 for public housing agencies that despite taking reasonable cost savings measures1 as determined by the ,secretary1 would otherwise be required to terminate rental assistance for families1 including ,mainstream families1 as a result of insufficient funding2 7#e7 for adjustments in the allocations for public housing agencies that 7i7 are leasing a lower-than-average percentage of their authorized vouchers1 7ii7 have low amounts of budget authority in their net restricted assets accounts and ,,hud-held programmatic reserves1 relative to other agencies1 and 7iii7 are not participating in the ,moving to ,work demonstration1 to enable such agencies to lease more vouchers2 and 7#f7 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 ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj et seq473 ,provided further1 ,that the ,secretary shall allocate amounts under the previous proviso based on need1 as determined by the ,secretary2 7#b7 #aaf1jjj1jjj shall be for section #h rental assistance for relocation and replacement of housing units that are demolished or disposed of pursuant to section #ah of the ,act1 conversion of section #bc projects to assistance under section #h1 the family unification program under section #h7x7 of the ,act1 relocation of witnesses 7including victims of violent crimes7 in connection with efforts to combat crime in public and assisted housing pursuant to a request from a law enforcement or prosecution agency1 enhanced vouchers under any provision of law authorizing such assistance under section #h7t7 of the ,act1 ,choice ,neighborhood vouchers1 mandatory and voluntary conversions1 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 #bjb properties financed between #aiei and #aigd that are refinanced pursuant to ,public ,law #ajf-efi1 as amended1 or under the authority as provided under this ,act3 ,provided1 ,that when a public housing development is submitted for demolition or disposition under section #ah of the ,act1 the ,secretary may provide section #h rental assistance when the units pose an imminent health and safety risk to residents3 ,provided further1 ,that the ,secretary may provide section #h 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 residents3 ,provided further1 ,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 owners1 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 proviso3 ,provided further1 ,that of the amounts made available under this paragraph1 at least #e1jjj1jjj may be available to provide tenant protection assistance1 not otherwise provided under this paragraph1 to residents residing in low vacancy areas and who may have to pay rents greater than #cj percent of household income1 as the result of3 7,a7 the maturity of a ,,hud-insured1 ,,hud-held or section #bjb loan that requires the permission of the ,secretary prior to loan prepayment2 7,b7 the expiration of a rental assistance contract for which the tenants are not eligible for enhanced voucher or tenant protection assistance under existing law2 or 7,c7 the expiration of affordability restrictions accompanying a mortgage or preservation program administered by the ,secretary3 ,provided further1 ,that such tenant protection assistance made available under the previous proviso may be provided under the authority of section #h7t7 or section #h7o77#ac7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7t773 ,provided further1 ,that the ,secretary shall issue guidance to implement the previous provisos1 including1 but not limited to1 requirements for defining eligible at-risk households within #fj days of the enactment of this ,act3 ,provided further1 ,that any tenant protection voucher made available from amounts under this paragraph shall not be reissued by any public housing agency1 except the replacement vouchers as defined by the ,secretary by notice1 when the initial family that received any such voucher no longer receives such voucher1 and the authority for any public housing agency to issue any such voucher shall cease to exist3 ,provided further1 ,that the ,secretary may only provide replacement vouchers for units that were occupied within the previous #bd months that cease to be available as assisted housing1 subject only to the availability of funds2 7#c7 #b1aei1jjj1jjj shall be for administrative and other expenses of public housing agencies in administering the section #h tenant-based rental assistance program1 of which up to #cj1jjj1jjj shall be available to the ,secretary to allocate to public housing agencies that need additional funds to administer their section #h programs1 including fees associated with section #h tenant protection rental assistance1 the administration of disaster related vouchers1 ,,hud-,,vash vouchers1 and other special purpose incremental vouchers3 ,provided1 ,that no less than #b1abi1jjj1jjj of the amount provided in this paragraph shall be allocated to public housing agencies for the calendar year #bjba funding cycle based on section #h7q7 of the ,act 7and related ,appropriation ,act provisions7 as in effect immediately before the enactment of the ,quality ,housing and ,work ,responsibility ,act of #aiih 7,public ,law #aje-bgf73 ,provided further1 ,that if the amounts made available under this paragraph are insufficient to pay the amounts determined under the previous proviso1 the ,secretary may decrease the amounts allocated to agencies by a uniform percentage applicable to all agencies receiving funding under this paragraph or may1 to the extent necessary to provide full payment of amounts determined under the previous proviso1 utilize unobligated balances1 including recaptures and carryover1 remaining from funds appropriated to the ,department of ,housing and ,urban ,development under this heading from prior fiscal years1 excluding special purpose vouchers1 notwithstanding the purposes for which such amounts were appropriated3 ,provided further1 ,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 agreements1 if any1 and shall be subject to the same uniform percentage decrease as under the previous proviso3 ,provided further1 ,that amounts provided under this paragraph shall be only for activities related to the provision of tenant-based rental assistance authorized under section #h1 including related development activities2 7#d7 #cad1jjj1jjj for the renewal of tenant-based assistance contracts under section #haa of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac71 including necessary administrative expenses3 ,provided1 ,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 7#c7 of this heading3 ,provided further1 ,that upon turnover1 section #haa special purpose vouchers funded under this heading in this or prior ,acts1 or under any other heading in prior ,acts1 shall be provided to non-elderly persons with disabilities2 7#e7 ,of the amounts provided under paragraph 7#a7 up to #e1jjj1jjj 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 areas3 ,provided1 ,that such amount shall be made available for renewal grants to recipients that received assistance under prior ,acts under the ,tribal ,,hud-,,vash program3 ,provided further1 ,that the ,secretary shall be authorized to specify criteria for renewal grants1 including data on the utilization of assistance reported by grant recipients3 ,provided further1 ,that such assistance shall be administered in accordance with program requirements under the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif and modeled after the ,,hud-,,vash program3 ,provided further1 ,that the ,secretary shall be authorized to waive1 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 7except for requirements related to fair housing1 nondiscrimination1 labor standards1 and the environment71 upon a finding by the ,secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such assistance3 ,provided further1 ,that grant recipients shall report to the ,secretary on utilization of such rental assistance and other program data1 as prescribed by the ,secretary3 ,provided further1 ,that the ,secretary may reallocate1 as determined by the ,secretary1 amounts returned or recaptured from awards under the ,tribal ,,hud-,,vash program under prior ,acts to existing recipients under the ,tribal ,,hud-,,vash program2 7#f7 #dj1jjj1jjj 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 #h7o77#ai7 of the ,united ,states ,housing ,act of #aicg3 ,provided1 ,that the ,secretary of ,housing and ,urban ,development shall make such funding available1 notwithstanding section #bjc 7competition provision7 of this title1 to public housing agencies that partner with eligible ,,va ,medical ,centers or other entities as designated by the ,secretary of the ,department of ,veterans ,affairs1 based on geographical need for such assistance as identified by the ,secretary of the ,department of ,veterans ,affairs1 public housing agency administrative performance1 and other factors as specified by the ,secretary of ,housing and ,urban ,development in consultation with the ,secretary of the ,department of ,veterans ,affairs3 ,provided further1 ,that the ,secretary of ,housing and ,urban ,development may waive1 or specify alternative requirements for 7in consultation with the ,secretary of the ,department of ,veterans ,affairs71 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 7except for requirements related to fair housing1 nondiscrimination1 labor standards1 and the environment71 upon a finding by the ,secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such voucher assistance3 ,provided further1 ,that assistance made available under this paragraph shall continue to remain available for homeless veterans upon turn-over2 7#g7 #be1jjj1jjj shall be made available for the family unification program as authorized under section #h7x7 of the ,act3 ,provided1 ,that the amounts made available under this paragraph are provided as follows3 7,a7 #e1jjj1jjj shall be for new incremental voucher assistance3 ,provided1 ,that the assistance made available under this subparagraph shall continue to remain available for family unification upon turnover2 and 7,b7 #bj1jjj1jjj shall be for new incremental voucher assistance to assist eligible youth as defined by such section #h7x77#b77;,b73 ,provided1 ,that assistance made available under this subparagraph shall continue to remain available for such eligible youth upon turnover3 ,provided further1 ,that of the total amount made available under this subparagraph1 up to #aj1jjj1jjj shall be available on a noncompetitive basis to public housing agencies that partner with public child welfare agencies to identify such eligible youth1 that request such assistance to timely assist such eligible youth1 and that meet any other criteria as specified by the ,secretary3 ,provided further1 ,that the ,secretary shall review utilization of the assistance made available under the previous proviso1 at an interval to be determined by the ,secretary1 and unutilized voucher assistance that is no longer needed shall be recaptured by the ,secretary and reallocated pursuant to the previous proviso3 ,provided further1 ,that for any public housing agency administering voucher assistance appropriated in a prior ,act under the family unification program1 or made available and competitively selected under this paragraph1 that determines that it no longer has an identified need for such assistance upon turnover1 such agency shall notify the ,secretary1 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 youth1 as applicable2 7#h7 #dc1dci1jjj shall be for incremental rental voucher assistance under section #h7o7 of the ,united ,states ,housing ,act of #aicg for use by individuals and families who are homeless1 as defined in section #ajc7;a7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacjb7;a771 at risk of homelessness1 as defined in section #dja7a7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfj7a771 fleeing1 or attempting to flee1 domestic violence1 dating violence1 sexual assault1 or stalking1 or veterans and families that include a veteran family member that meet one of the preceding criteria3 ,provided1 ,that assistance made available under this paragraph shall continue to remain available for such eligible individuals and families upon turnover3 ,provided further1 ,that the ,secretary shall make such funding available1 notwithstanding section #bjc of this title 7competition provision7 to public housing agencies that partner with eligible continuums of care or other entities as designated by the ,secretary1 based on geographical need of such assistance1 public housing agency administrative performance1 and other factors as specified by the ,secretary3 ,provided further1 ,that the ,secretary shall review utilization of the assistance made available under the preceding proviso1 at an interval to be determined by the ,secretary1 and unutilized voucher assistance that is no longer needed shall be recaptured by the ,secretary and reallocated pursuant to the preceding proviso3 ,provided further1 ,that1 the ,secretary shall give preference to applicants that demonstrate a strategy to coordinate assistance with services available in the community3 ,provided further1 ,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 shelter1 housing or other services3 ,provided further1 ,that the ,secretary shall issue guidance to implement the preceding proviso2 and 7#i7 the ,secretary shall separately track all special purpose vouchers funded under this heading4 ,,housing ,,certificate ,,fund 7,,including ,,rescissions7 ,unobligated balances1 including recaptures and carryover1 remaining from funds appropriated to the ,department of ,housing and ,urban ,development under this heading1 the heading ,annual ,contributions for ,assisted ,housing and the heading ,project-,based ,rental ,assistance1 for fiscal year #bjba and prior years may be used for renewal of or amendments to section #h project-based contracts and for performance-based contract administrators1 notwithstanding the purposes for which such funds were appropriated3 ,provided1 ,that any obligated balances of contract authority from fiscal year #aigd and prior fiscal years that have been terminated shall be rescinded3 ,provided further1 ,that amounts heretofore recaptured1 or recaptured during the current fiscal year1 from section #h project-based contracts from source years fiscal year #aige through fiscal year #aihg are hereby rescinded1 and an amount of additional new budget authority1 equivalent to the amount rescinded is hereby appropriated1 to remain available until expended1 for the purposes set forth under this heading1 in addition to amounts otherwise available4 ,,public ,,housing ,,fund ,for the operation and management of public housing1 as authorized by section #i7;e7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7e77 7the,act71 and to carry out capital and management activities for public housing agencies1 as authorized under section #i7;d7 of the ,act 7#db ,u4,s4,c4 #adcg;g7d771 #g1hjf1jjj1jjj1 to remain available until ,september #cj1 #bjbd3 ,provided1 ,that the amounts made available under this heading are provided as follows3 7#a7 #d1hci1jjj1jjj shall be available to the ,secretary to allocate pursuant to the ,operating ,fund formula at part #iij of title #bd1 ,code of ,federal ,regulations1 for #bjba payments2 7#b7 #be1jjj1jjj shall be available to the ,secretary to allocate pursuant to a need-based application process notwithstanding section #bjc of this title and not subject to such ,operating ,fund formula to public housing agencies that experience1 or are at risk of1 financial shortfalls1 as determined by the ,secretary3 ,provided1 ,that after all such shortfall needs are met1 the ,secretary may distribute any remaining funds to all public housing agencies on a pro-rata basis pursuant to such ,operating ,fund formula2 7#c7 #b1gfe1jjj1jjj shall be available to the ,secretary to allocate pursuant to the ,capital ,fund formula at section #ije4djj of title #bd1 ,code of ,federal ,regulations3 ,provided1 ,that for funds provided under this paragraph1 the limitation in section #i7;g77#a7 of the ,act shall be #be percent3 ,provided further1 ,that the ,secretary may waive the limitation in the previous proviso to allow public housing agencies to fund activities authorized under section #i7;e77#a77;,c7 of the ,act3 ,provided further1 ,that the ,secretary shall notify public housing agencies requesting waivers under the previous proviso if the request is approved or denied within #ad days of submitting the request3 ,provided further1 ,that from the funds made available under this paragraph1 the ,secretary shall provide bonus awards in fiscal year #bjba to public housing agencies that are designated high performers3 ,provided further1 ,that the ,department shall notify public housing agencies of their formula allocation within #fj days of enactment of this ,act2 7#d7 #ge1jjj1jjj shall be available for the ,secretary to make grants1 notwithstanding section #bjc of this title1 to public housing agencies for emergency capital needs1 including safety and security measures necessary to address crime and drug-related activity1 as well as needs resulting from unforeseen or unpreventable emergencies and natural disasters excluding ,presidentially declared emergencies and natural disasters under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,act 7#db ,u4,s4,c4 #eaba et seq47 occurring in fiscal year #bjba1 of which #de1jjj1jjj shall be available for public housing agencies under administrative and judicial receiverships or under the control of a ,federal monitor3 ,provided1 ,that of the amount made available under this paragraph1 not less than #aj1jjj1jjj shall be for safety and security measures3 ,provided further1 ,that in addition to the amount in the previous proviso for such safety and security measures1 any amounts that remain available1 after all applications received on or before ,september #cj1 #bjbb1 for emergency capital needs have been processed1 shall be allocated to public housing agencies for such safety and security measures2 7#e7 #be1jjj1jjj 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 assessments1 abatement1 and interim controls 7as those terms are defined in section #ajjd of the ,residential ,lead-,based ,paint ,hazard ,reduction ,act of #aiib 7#db ,u4,s4,c4 #dhea;b773 ,provided1 ,that for purposes of environmental review1 a grant under this paragraph shall be considered funds for projects or activities under title ,i of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg et seq47 for purposes of section #bf of such ,act 7#db ,u4,s4,c4 #adcgx7 and shall be subject to the regulations implementing such section2 7#f7 #ce1jjj1jjj shall be for competitive grants to public housing agencies for activities authorized under the ,healthy ,homes ,initiative1 pursuant to sections #eja and #ejb of the ,housing and ,urban ,development ,act of #aigj1 which shall include research1 studies1 testing1 and demonstration efforts1 including education and outreach concerning mold1 radon1 carbon monoxide poisoning1 and other housing-related diseases and hazards2 7#g7 #ae1jjj1jjj shall be to support the costs of administrative and judicial receiverships and for competitive grants to ,p,h,as in receivership1 designated troubled or substandard1 or otherwise at risk1 as determined by the ,secretary1 for costs associated with public housing asset improvement1 in addition to other amounts for that purpose provided under any heading under this title2 7#h7 #bc1jjj1jjj shall be to support ongoing public housing financial and physical assessment activities2 and 7#i7 #d1jjj1jjj shall be for a radon testing and mitigation resident safety demonstration program 7the radon demonstration7 in public housing3 ,provided1 ,that the testing method1 mitigation method1 or action level used under the radon demonstration shall be as specified by applicable ,state or local law1 if such law is more protective of human health or the environment than the method or level specified by the ,secretary3 ,provided further1 ,that notwithstanding any other provision of law or regulation1 during fiscal year #bjba1 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 7#b7 of section #i7;j7 of the ,act regarding the extension of the time periods under such section3 ,provided further1 ,that for purposes of such section #i7;j71 the term obligate means1 with respect to amounts1 that the amounts are subject to a binding agreement that will result in outlays1 immediately or in the future4 ,,choice ,,neighborhoods ,,initiative ,for competitive grants under the ,choice ,neighborhoods ,initiative 7subject to section #bd of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcgv7 unless otherwise specified under this heading71 for transformation1 rehabilitation1 and replacement housing needs of both public and ,,hud-assisted housing and to transform neighborhoods of poverty into functioning1 sustainable mixed income neighborhoods with appropriate services1 schools1 public assets1 transportation and access to jobs1 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that grant funds may be used for resident and community services1 community development1 and affordable housing needs in the community1 and for conversion of vacant or foreclosed properties to affordable housing3 ,provided further1 ,that the use of funds made available under this heading shall not be deemed to be for public housing notwithstanding section #c7;b77#a7 of such ,act3 ,provided further1 ,that grantees shall commit to an additional period of affordability determined by the ,secretary of not fewer than #bj years3 ,provided further1 ,that grantees shall provide a match in ,state1 local1 other ,federal or private funds3 ,provided further1 ,that grantees may include local governments1 ,tribal entities1 public housing agencies1 and nonprofit organizations3 ,provided further1 ,that for-profit developers may apply jointly with a public entity3 ,provided further1 ,that for purposes of environmental review1 a grantee shall be treated as a public housing agency under section #bf of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcgx71 and grants made with amounts available under this heading shall be subject to the regulations issued by the ,secretary to implement such section3 ,provided further1 ,that of the amount provided under this heading1 not less than #ajj1jjj1jjj shall be awarded to public housing agencies3 ,provided further1 ,that such grantees shall create partnerships with other local organizations1 including assisted housing owners1 service agencies1 and resident organizations3 ,provided further1 ,that the ,secretary shall consult with the ,secretaries of ,education1 ,labor1 ,transportation1 ,health and ,human ,services1 ,agriculture1 and ,commerce1 the ,attorney ,general1 and the ,administrator of the ,environmental ,protection ,agency to coordinate and leverage other appropriate ,federal resources3 ,provided further1 ,that not more than #e1jjj1jjj of funds made available under this heading may be provided as grants to undertake comprehensive local planning with input from residents and the community3 ,provided further1 ,that unobligated balances1 including recaptures1 remaining from funds appropriated under the heading ,revitalization of ,severely ,distressed ,public ,housing 7,,hope ,,vi7 in fiscal year #bjaa and prior fiscal years may be used for purposes under this heading1 notwithstanding the purposes for which such amounts were appropriated3 ,provided further1 ,that the ,secretary shall make grant awards not later than #a year after the date of enactment of this ,act in such amounts that the ,secretary determines3 ,provided further1 ,that notwithstanding section #bd7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcgv7o771 the ,secretary may1 until ,september #cj1 #bjbc1 obligate any available unobligated balances made available under this heading in this or any prior ,act4 ,,self-,,sufficiency ,,programs ,for activities and assistance related to ,self-,sufficiency ,programs1 to remain available until ,september #cj1 #bjbd1 #aee1jjj1jjj3 ,provided1 ,that the amounts made available under this heading are provided as follows3 7#a7 #aje1jjj1jjj shall be for the ,family ,self-,sufficiency program to support family self-sufficiency coordinators under section #bc of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcgu71 to promote the development of local strategies to coordinate the use of assistance under sections #h and #i of such ,act with public and private resources1 and enable eligible families to achieve economic independence and self-sufficiency3 ,provided1 ,that the ,secretary may1 by ,federal ,register notice1 waive or specify alternative requirements under subsections 7b77#c71 7b77#d71 7b77#e71 or 7c77#a7 of section #bc of such ,act in order to facilitate the operation of a unified self-sufficiency program for individuals receiving assistance under different provisions of such ,act1 as determined by the ,secretary3 ,provided further1 ,that owners or sponsors of a multifamily property receiving project-based rental assistance under section #h 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 ,secretary3 ,provided further1 ,that such procedures established pursuant to the previous proviso shall permit participating tenants to accrue escrow funds in accordance with section #bc7;d77#b7 of such ,act and shall allow owners to use funding from residual receipt accounts to hire coordinators for their own ,family ,self-,sufficiency program2 7#b7 #ce1jjj1jjj shall be for the ,resident ,opportunity and ,self-,sufficiency program to provide for supportive services1 service coordinators1 and congregate services as authorized by section #cd of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcgz-#f7 and the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daja et seq472 and 7#c7 #ae1jjj1jjj shall be for a ,jobs-,plus initiative1 modeled after the ,jobs-,plus demonstration3 ,provided1 ,that funding provided under this paragraph shall be available for competitive grants to partnerships between public housing authorities1 local workforce investment boards established under section #ajg of the ,workforce ,innovation and ,opportunity ,act of #bjad 7#bi ,u4,s4,c4 #cabb71 and other agencies and organizations that provide support to help public housing residents obtain employment and increase earnings3 ,provided further1 ,that applicants must demonstrate the ability to provide services to residents1 partner with workforce investment boards1 and leverage service dollars3 ,provided further1 ,that the ,secretary may allow public housing agencies to request exemptions from rent and income limitation requirements under sections #c and #f of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a1 #adcg;d71 as necessary to implement the ,jobs-,plus program1 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 ,jobs-,plus initiative as a voluntary program for residents3 ,provided further1 ,that the ,secretary shall publish by notice in the ,federal ,register any waivers or alternative requirements pursuant to the preceding proviso no later than #aj days before the effective date of such notice4 ,,native ,,american ,,programs ,for activities and assistance authorized under title ,i of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7,,nahasda7 7#be ,u4,s4,c4 #daaa et seq471 title ,i of the ,housing and ,community ,development ,act of #aigd with respect to ,indian tribes 7#db ,u4,s4,c4 #ecjf7;a77#a771 and related training and technical assistance1 #hbe1jjj1jjj1 to remain available until ,september #cj1 #bjbe3 ,provided1 ,that the amounts made available under this heading are provided as follows3 7#a7 #fdg1jjj1jjj shall be available for the ,native ,american ,housing ,block ,grants program1 as authorized under title ,i of ,,nahasda3 ,provided1 ,that1 notwithstanding ,,nahasda1 to determine the amount of the allocation under title ,i of such ,act for each ,indian tribe1 the ,secretary shall apply the formula under section #cjb of ,,nahasda with the need component based on single-race census data and with the need component based on multi-race census data1 and the amount of the allocation for each ,indian tribe shall be the greater of the two resulting allocation amounts3 ,provided further1 ,that the ,secretary will notify grantees of their formula allocation within #fj days of the date of enactment of this ,act2 7#b7 #ajj1jjj1jjj shall be available for competitive grants under the ,native ,american ,housing ,block ,grants program1 as authorized under title ,i of ,,nahasda3 ,provided1 ,that the ,secretary shall obligate this additional amount for competitive grants to eligible recipients authorized under ,,nahasda that apply for funds3 ,provided further1 ,that in awarding this additional amount1 the ,secretary shall consider need and administrative capacity1 and shall give priority to projects that will spur construction and rehabilitation of housing3 ,provided further1 ,that a grant funded pursuant to this paragraph shall be in an amount not less than #ejj1jjj and not greater than #aj1jjj1jjj3 ,provided further1 ,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 amount2 7#c7 #a1jjj1jjj shall be available for the cost of guaranteed notes and other obligations1 as authorized by title ,,vi of ,,nahasda3 ,provided1 ,that such costs1 including the costs of modifying such notes and other obligations1 shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd1 as amended3 ,provided further1 ,that for fiscal year #bjba funds made available in this ,act for the cost of guaranteed notes and other obligations and any unobligated balances1 including recaptures and carryover1 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 obligations1 any part of which is to be guaranteed1 not to exceed #de1fdi1deb2 7#d7 #gj1jjj1jjj 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 #aigd1 notwithstanding section #ajf7;a77#a7 of such ,act1 of which1 notwithstanding any other provision of law 7including section #bjc of this ,act71 up to #d1jjj1jjj may be used for emergencies that constitute imminent threats to health and safety3 ,provided1 ,that not to exceed #bj percent of any grant made with funds appropriated under this paragraph shall be expended for planning and management development and administration2 and 7#e7 #g1jjj1jjj shall be available for providing training and technical assistance to ,indian tribes1 ,indian housing authorities1 and tribally designated housing entities1 to support the inspection of ,indian housing units1 contract expertise1 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 country3 ,provided1 ,that of the funds made available under this paragraph1 not less than #b1jjj1jjj shall be available for a national organization as authorized under section #gjc of ,,nahasda 7#be ,u4,s4,c4 #dbab73 ,provided further1 ,that amounts made available under this paragraph may be used1 contracted1 or competed as determined by the ,secretary3 ,provided further1 ,that notwithstanding the provisions of the ,federal ,grant and ,cooperative ,agreements ,act of #aigg 7#ca ,u4,s4,c4 #fcja-fcjh71 the amounts made available under this paragraph may be used by the ,secretary to enter into cooperative agreements with public and private organizations1 agencies1 institutions1 and other technical assistance providers to support the administration of negotiated rulemaking under section #ajf of ,,nahasda 7#be ,u4,s4,c4 #daaf71 the administration of the allocation formula under section #cjb of ,,nahasda 7#be ,u4,s4,c4 #daeb71 and the administration of performance tracking and reporting under section #djg of ,,nahasda 7#be ,u4,s4,c4 #dafg74 ,,indian ,,housing ,,loan ,,guarantee ,,fund ,,program ,,account ,for the cost of guaranteed loans1 as authorized by section #ahd of the ,housing and ,community ,development ,act of #aiib 7#ab ,u4,s4,c4 #agaez-#ac;a71 #a1ejj1jjj1 to remain available until expended3 ,provided1 ,that such costs1 including the costs of modifying such loans1 shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd3 ,provided further1 ,that an additional #ejj1jjj1 to remain available until expended1 shall be available for administrative contract expenses including management processes to carry out the loan guarantee program3 ,provided further1 ,that for fiscal year #bjba funds made available in this and prior ,acts for the cost of guaranteed loans1 as authorized by section #ahd of the ,housing and ,community ,development ,act of #aiib 7#ab ,u4,s4,c4 #agaez-#ac;a71 that are unobligated1 including recaptures and carryover1 are available to subsidize total loan principal1 any part of which is to be guaranteed1 up to #a1jjj1jjj1jjj4 ,,native ,,hawaiian ,,housing ,,block ,,grant ,for the ,native ,hawaiian ,housing ,block ,grant program1 as authorized under title ,,viii of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dbba et seq471 #b1jjj1jjj1 to remain available until ,september #cj1 #bjbe3 ,provided1 ,that notwithstanding section #hab7;b7 of such ,act1 the ,department of ,hawaiian ,home ,lands may not invest grant amounts made available under this heading in investment securities and other obligations3 ,provided further1 ,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 ,lands1 notwithstanding any other provision of law4 ,community ,planning and ,development ,,housing ,,opportunities ,,for ,,persons ,,with ,,aids ,for carrying out the ,housing ,opportunities for ,persons with ,,aids program1 as authorized by the ,,aids ,housing ,opportunity ,act 7#db ,u4,s4,c4 #abija et seq471 #dcj1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 except that amounts allocated pursuant to section #hed7;c77#e7 of such ,act shall remain available until ,september #cj1 #bjbc3 ,provided1 ,that the ,secretary shall renew or replace all expiring contracts for permanent supportive housing that initially were funded under section #hed7;c77#e7 of such ,act from funds made available under this heading in fiscal year #bjaj and prior fiscal years that meet all program requirements before awarding funds for new contracts under such section3 ,provided further1 ,that the process for submitting amendments and approving replacement contracts shall be established by the ,secretary in a notice3 ,provided further1 ,that the ,department shall notify grantees of their formula allocation within #fj days of enactment of this ,act4 ,,community ,,development ,,fund ,for carrying out the community development block grant program under title ,i of the ,housing and ,community ,development ,act of #aigd1 as amended 7#db ,u4,s4,c4 #ecja et seq47 7in this heading the ,act71 #c1dge1jjj1jjj1 to remain available until ,september #cj1 #bjbc1 unless otherwise specified3 ,provided1 ,that unless explicitly provided for under this heading1 not to exceed #bj percent of any grant made with funds made available under this heading shall be expended for planning and management development and administration3 ,provided further1 ,that a metropolitan city1 urban county1 unit of general local government1 or insular area that directly or indirectly receives funds under this heading may not sell1 trade1 or otherwise transfer all or any portion of such funds to another such entity in exchange for any other funds1 credits1 or non-,federal considerations1 but shall use such funds for activities eligible under title ,i of the ,act3 ,provided further1 ,that notwithstanding section #aje7;e77#a7 of the ,act1 no funds made available under this heading may be provided to a for-profit entity for an economic development project under section #aje7;a77#ag7 unless such project has been evaluated and selected in accordance with guidelines required under subsection 7e77#b7 of section #aje3 ,provided further1 ,that of the total amount provided under this heading1 #be1jjj1jjj shall be for activities authorized under section #hjga of the ,,support for ,patients and ,communities ,act 7,public ,law #aae-bga73 ,provided further1 ,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 heading3 ,provided further1 ,that the ,secretary shall allocate the funds for such activities based on the notice establishing the funding formula published in #hd ,,fr #afjbg 7,april #ag1 #bjai7 except that the formula shall use age-adjusted rates of drug overdose deaths for #bjah based on data from the ,centers for ,disease ,control and ,prevention3 ,provided further1 ,that the ,department of ,housing and ,urban ,development shall notify grantees of their formula allocation within #fj days of enactment of this ,act4 ,,community ,,development ,,loan ,,guarantees ,,program ,,account ,subject to section #ejb of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #ffa;a71 during fiscal year #bjba1 commitments to guarantee loans under section #ajh of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjh71 any part of which is guaranteed1 shall not exceed a total principal amount of #cjj1jjj1jjj1 notwithstanding any aggregate limitation on outstanding obligations guaranteed in subsection 7k7 of such section #ajh3 ,provided1 ,that the ,secretary shall collect fees from borrowers1 notwithstanding subsection 7m7 of such section #ajh1 to result in a credit subsidy cost of zero for guaranteeing such loans1 and any such fees shall be collected in accordance with section #ejb7g7 of the ,congressional ,budget ,act of #aigd3 ,provided further1 ,that such commitment authority funded by fees may be used to guarantee1 or make commitments to guarantee1 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 #ajh3 ,provided further1 ,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 commitment4 ,,home ,,investment ,,partnerships ,,program ,for the ,,home ,investment ,partnerships program1 as authorized under title ,,ii of the ,cranston-,gonzalez ,national ,affordable ,housing ,act1 as amended 7#db ,u4,s4,c4 #abgba et seq471 #a1cej1jjj1jjj1 to remain available until ,september #cj1 #bjbd3 ,provided1 ,that notwithstanding the amount made available under this heading1 the threshold reduction requirements in sections #baf7aj7 and #bag7;b77#d7 of such ,act shall not apply to allocations of such amount3 ,provided further1 ,that the ,department shall notify grantees of their formula allocations within #fj days after enactment of this ,act3 ,provided further1 ,that section #bah7;g7 of such ,act 7#db ,u4,s4,c4 #abgdh7;g77 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 #bjaf1 #bjag1 #bjah1 #bjai1 #bjbj1 #bjba1 #bjbb1 or #bjbc under that section3 ,provided further1 ,that section #bca7;b7 of such ,act 7#db ,u4,s4,c4 #abgga7;b77 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 #bjah1 #bjai1 #bjbj1 #bjba1 #bjbb1 or #bjbc under that section4 ,,self-,,help ,,and ,,assisted ,,homeownership ,,opportunity ,,program ,for the ,self-,help and ,assisted ,homeownership ,opportunity ,program1 as authorized under section #aa of the ,housing ,opportunity ,program ,extension ,act of #aiif 7#db ,u4,s4,c4 #abhje note71 #fj1jjj1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that of the total amount made available under this heading1 #aj1jjj1jjj shall be for the ,self-,help ,homeownership ,opportunity ,program as authorized under such section #aa3 ,provided further1 ,that of the total amount made available under this heading1 #da1jjj1jjj shall be for the second1 third1 and fourth capacity building entities specified in section #d7;a7 of the ,,hud ,demonstration ,act of #aiic 7#db ,u4,s4,c4 #ihaf note71 of which not less than #e1jjj1jjj shall be for rural capacity building activities3 ,provided further1 ,that of the total amount made available under this heading1 #e1jjj1jjj shall be for capacity building by national rural housing organizations having experience assessing national rural conditions and providing financing1 training1 technical assistance1 information1 and research to local nonprofit organizations1 local governments1 and ,indian ,tribes serving high need rural communities3 ,provided further1 ,that of the total amount provided under this heading1 #d1jjj1jjj1 shall be made available for a program to rehabilitate and modify the homes of disabled or low-income veterans1 as authorized under section #ajgi of ,public ,law #aac-bia3 ,provided further1 ,that the issuance of a ,notice of ,funding ,availability for the funds provided under the previous proviso shall be completed within #abj days of enactment of this ,act and such funds shall be awarded within #ahj days of such issuance4 ,,homeless ,,assistance ,,grants ,for assistance under title ,,iv of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfj et seq471 #c1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that of the amounts made available under this heading-- 7#a7 not less than #bij1jjj1jjj shall be for the ,emergency ,solutions ,grants program authorized under subtitle ,b of such title ,,iv 7#db ,u4,s4,c4 #aacga et seq473 ,provided further1 ,that the ,department shall notify grantees of their formula allocation from amounts allocated 7which may represent initial or final amounts allocated7 for the ,emergency ,solutions ,grant program not later than #fj days after enactment of this ,act2 7#b7 not less than #b1efi1jjj1jjj shall be for the ,continuum of ,care program authorized under subtitle ,c of such title ,,iv 7#db ,u4,s4,c4 #aacha et seq47 and the ,rural ,housing ,stability ,assistance programs authorized under subtitle ,d of such title ,,iv 7#db ,u4,s4,c4 #aadjh73 ,provided further1 ,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 projects3 ,provided further1 ,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 services3 ,provided further1 ,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 program1 notwithstanding any conflict with the requirements of the ,continuum of ,care program2 7#c7 up to #eb1jjj1jjj shall be for grants for rapid re-housing projects and supportive service projects providing coordinated entry1 and for eligible activities the ,secretary determines to be critical in order to assist survivors of domestic violence1 dating violence1 sexual assault1 or stalking1 except that the ,secretary may make additional grants for such projects and purposes from amounts made available for such ,continuum of ,care program3 ,provided further1 ,that such projects shall be eligible for renewal under the ,continuum of ,care program subject to the same terms and conditions as other renewal applicants2 7#d7 up to #g1jjj1jjj shall be for the national homeless data analysis project3 ,provided further1 ,that notwithstanding the provisions of the ,federal ,grant and ,cooperative ,agreements ,act of #aigg 7#ca ,u4,s4,c4 #fcja-fcjh71 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 ,secretary1 including public and private organizations1 agencies1 and institutions2 and 7#e7 up to #hb1jjj1jjj shall be to implement projects to demonstrate how a comprehensive approach to serving homeless youth1 age #bd and under1 in up to #be communities with a priority for communities with substantial rural populations in up to eight locations1 can dramatically reduce youth homelessness3 ,provided further1 ,that of the amount made available under this paragraph1 up to #aj1jjj1jjj shall be to provide technical assistance on improving system responses to youth homelessness1 and collection1 analysis1 use1 and reporting of data and performance measures under the comprehensive approaches to serve homeless youth1 in addition to and in coordination with other technical assistance funds provided under this title3 ,provided further1 ,that the ,secretary may use up to #aj 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 homelessness3 ,provided further1 ,that youth aged #bd and under seeking assistance under this heading shall not be required to provide third party documentation to establish their eligibility under subsection 7a7 or 7b7 of section #ajc of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacjb7 to receive services3 ,provided further1 ,that unaccompanied youth aged #bd and under or families headed by youth aged #bd and under who are living in unsafe situations may be served by youth-serving providers funded under this heading3 ,provided further1 ,that persons eligible under section #ajc7;a77#e7 of the ,mc,kinney-,vento ,homeless ,assistance ,act may be served by any project funded under this heading to provide both transitional housing and rapid re-housing3 ,provided further1 ,that for all matching funds requirements applicable to funds made available under this heading for this fiscal year and prior fiscal years1 a grantee may use 7or could have used7 as a source of match funds other funds administered by the ,secretary and other ,federal agencies unless there is 7or was7 a specific statutory prohibition on any such use of any such funds3 ,provided further1 ,that none of the funds made available under this heading shall be available to provide funding for new projects1 except for projects created through reallocation1 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 performance3 ,provided further1 ,that any unobligated amounts remaining from funds made available under this heading in fiscal year #bjab and prior years for project-based rental assistance for rehabilitation projects with #aj-year grant terms may be used for purposes under this heading1 notwithstanding the purposes for which such funds were appropriated3 ,provided further1 ,that unobligated balances1 including recaptures and carryover1 remaining from funds transferred to or appropriated under this heading in fiscal year #bjai or prior years1 except for rental assistance amounts that were recaptured and made available until expended1 shall be available for the current purposes authorized under this heading in addition to the purposes for which such funds originally were appropriated4 ,housing ,programs ,,project-,,based ,,rental ,,assistance ,for activities and assistance for the provision of project-based subsidy contracts under the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg et seq47 7the ,act71 not otherwise provided for1 #ac1jfe1jjj1jjj1 to remain available until expended1 shall be available on ,october #a1 #bjbj 7in addition to the #djj1jjj1jjj previously appropriated under this heading that became available ,october #a1 #bjbj71 and #djj1jjj1jjj1 to remain available until expended1 shall be available on ,october #a1 #bjba3 ,provided1 ,that the amounts made available under this heading shall be available for expiring or terminating section #h project-based subsidy contracts 7including section #h moderate rehabilitation contracts71 for amendments to section #h project-based subsidy contracts 7including section #h moderate rehabilitation contracts71 for contracts entered into pursuant to section #dda of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadja71 for renewal of section #h contracts for units in projects that are subject to approved plans of action under the ,emergency ,low ,income ,housing ,preservation ,act of #aihg or the ,low-,income ,housing ,preservation and ,resident ,homeownership ,act of #aiij1 and for administrative and other expenses associated with project-based activities and assistance funded under this heading3 ,provided further1 ,that of the total amounts provided under this heading1 not to exceed #cej1jjj1jjj shall be available for performance-based contract administrators for section #h project-based assistance1 for carrying out #db ,u4,s4,c4 #adcg7;f73 ,provided further1 ,that the ,secretary may also use such amounts in the previous proviso for performance-based contract administrators for the administration of3 interest reduction payments pursuant to section #bcf7;a7 of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agaez-#a7;a772 rent supplement payments pursuant to section #aja of the ,housing and ,urban ,development ,act of #aife 7#ab ,u4,s4,c4 #agjas72 section #bcf7;f77#b7 rental assistance payments 7#ab ,u4,s4,c4 #agaez-#a7;f77#b772 project rental assistance contracts for the elderly under section #bjb7;c77#b7 of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq72 project rental assistance contracts for supportive housing for persons with disabilities under section #haa7;d77#b7 of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac7;d77#b772 project assistance contracts pursuant to section #bjb7;h7 of the ,housing ,act of #aiei 7,public ,law #hf-cgb2 #gc ,stat4 #ffg72 and loans under section #bjb of the ,housing ,act of #aiei 7,public ,law #hf-cgb2 #gc ,stat4 #ffg73 ,provided further1 ,that amounts recaptured under this heading1 the heading ,annual ,contributions for ,assisted ,housing1 or the heading ,housing ,certificate ,fund1 may be used for renewals of or amendments to section #h project-based contracts or for performance-based contract administrators1 notwithstanding the purposes for which such amounts were appropriated3 ,provided further1 ,that1 notwithstanding any other provision of law1 upon the request of the ,secretary1 project funds that are held in residual receipts accounts for any project subject to a section #h 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 ,secretary1 shall be remitted to the ,department and deposited in this account1 to be available until expended3 ,provided further1 ,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 heading4 ,,housing ,,for ,,the ,,elderly ,for capital advances1 including amendments to capital advance contracts1 for housing for the elderly1 as authorized by section #bjb of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq71 for project rental assistance for the elderly under section #bjb7;c77#b7 of such ,act1 including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a #e-year term1 for senior preservation rental assistance contracts1 including renewals1 as authorized by section #haa7;e7 of the ,american ,homeownership and ,economic ,opportunity ,act of #bjjj 7#ab ,u4,s4,c4 #agjaq note71 and for supportive services associated with the housing1 #hee1jjj1jjj to remain available until ,september #cj1 #bjbd3 ,provided1 ,that of the amount made available under this heading1 up to #abe1jjj1jjj shall be for service coordinators and the continuation of existing congregate service grants for residents of assisted housing projects3 ,provided further1 ,that amounts made available under this heading shall be available for ,real ,estate ,assessment ,center inspections and inspection-related activities associated with section #bjb projects3 ,provided further1 ,that the ,secretary may waive the provisions of section #bjb governing the terms and conditions of project rental assistance1 except that the initial contract term for such assistance shall not exceed #e years in duration3 ,provided further1 ,that upon request of the ,secretary1 project funds that are held in residual receipts accounts for any project subject to a section #bjb project rental assistance contract1 and that upon termination of such contract are in excess of an amount to be determined by the ,secretary1 shall be remitted to the ,department and deposited in this account1 to remain available until ,september #cj1 #bjbd3 ,provided further1 ,that amounts deposited in this account pursuant to the previous proviso shall be available1 in addition to the amounts otherwise provided by this heading1 for the purposes authorized under this heading3 ,provided further1 ,that unobligated balances1 including recaptures and carryover1 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 appropriated3 ,provided further1 ,that of the total amount made available under this heading1 up to #ad1jjj1jjj 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 care3 ,provided further1 ,that of the total amount made available under this heading1 up to #e1jjj1jjj shall be used to expand the supply of intergenerational dwelling units 7as such term is defined in section #bjb of the ,legacy ,act of #bjjc 7#ab ,u4,s4,c4 #agjaq note77 for elderly caregivers raising children4 ,,housing ,,for ,,persons ,,with ,,disabilities ,for capital advances1 including amendments to capital advance contracts1 for supportive housing for persons with disabilities1 as authorized by section #haa of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac71 for project rental assistance for supportive housing for persons with disabilities under section #haa7;d77#b7 of such ,act1 for project assistance contracts pursuant to subsection 7h7 of section #bjb of the ,housing ,act of #aiei1 as added by section #bje7;a7 of the ,housing and ,community ,development ,amendments of #aigh 7,public ,law #ie-eeg3 #ib ,stat4 #bjij71 including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a #a-year term1 for project rental assistance to ,state housing finance agencies and other appropriate entities as authorized under section #haa7;b77#c7 of the ,cranston-,gonzalez ,national ,affordable ,housing ,act1 and for supportive services associated with the housing for persons with disabilities as authorized by section #haa7;b77#a7 of such ,act1 #bbg1jjj1jjj1 to remain available until ,september #cj1 #bjbd3 ,provided1 ,that amounts made available under this heading shall be available for ,real ,estate ,assessment ,center inspections and inspection-related activities associated with section #haa projects3 ,provided further1 ,that1 upon the request of the ,secretary1 project funds that are held in residual receipts accounts for any project subject to a section #haa project rental assistance contract1 and that upon termination of such contract are in excess of an amount to be determined by the ,secretary1 shall be remitted to the ,department and deposited in this account1 to remain available until ,september #cj1 #bjbd3 ,provided further1 ,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 heading3 ,provided further1 ,that unobligated balances1 including recaptures and carryover1 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 appropriated4 ,,housing ,,counseling ,,assistance ,for contracts1 grants1 and other assistance excluding loans1 as authorized under section #ajf of the ,housing and ,urban ,development ,act of #aifh1 as amended1 #eg1ejj1jjj1 to remain available until ,september #cj1 #bjbb1 including up to #d1ejj1jjj for administrative contract services3 ,provided1 ,that funds shall be used for providing counseling and advice to tenants and homeowners1 both current and prospective1 with respect to property maintenance1 financial management or literacy1 and such other matters as may be appropriate to assist them in improving their housing conditions1 meeting their financial needs1 and fulfilling the responsibilities of tenancy or homeownership2 for program administration2 and for housing counselor training3 ,provided further1 ,that for purposes of providing such grants from amounts provided under this heading1 the ,secretary may enter into multiyear agreements1 as appropriate1 subject to the availability of annual appropriations3 ,provided further1 ,that an additional #bj1jjj1jjj 7not subject to such section #ajf71 to remain available until ,september #cj1 #bjbc1 shall be for competitive grants to nonprofit or governmental entities to provide legal assistance 7including assistance related to pretrial activities1 trial activities1 post-trial activities and alternative dispute resolution7 at no cost to eligible low-income tenants at risk of or subject to eviction3 ,provided further1 ,that in awarding grants under the preceding proviso1 the ,secretary shall give preference to applicants that include a marketing strategy for residents of areas with high rates of eviction1 have experience providing no-cost legal assistance to low-income individuals1 including those with limited ,english proficiency or disabilities1 and have sufficient capacity to administer such assistance3 ,provided further1 ,that the ,secretary shall ensure1 to the extent practicable1 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 areas4 ,,payment ,,to ,,manufactured ,,housing ,,fees ,,trust ,,fund ,for necessary expenses as authorized by the ,national ,manufactured ,housing ,construction and ,safety ,standards ,act of #aigd 7#db ,u4,s4,c4 #edja et seq471 up to #ac1jjj1jjj1 to remain available until expended1 of which #ac1jjj1jjj shall be derived from the ,manufactured ,housing ,fees ,trust ,fund 7established under section #fbj7;e7 of such ,act 7#db ,u4,s4,c4 #edai7;e773 ,provided1 ,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 #fbj of such ,act3 ,provided further1 ,that the amount made available under this heading from the general fund shall be reduced as such collections are received during fiscal year #bjba so as to result in a final fiscal year #bjba appropriation from the general fund estimated at zero1 and fees pursuant to such section #fbj shall be modified as necessary to ensure such a final fiscal year #bjba appropriation3 ,provided further1 ,that for the dispute resolution and installation programs1 the ,secretary may assess and collect fees from any program participant3 ,provided further1 ,that such collections shall be deposited into the ,trust ,fund1 and the ,secretary1 as provided herein1 may use such collections1 as well as fees collected under section #fbj of such ,act1 for necessary expenses of such ,act3 ,provided further1 ,that1 notwithstanding the requirements of section #fbj of such ,act1 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 services4 ,federal ,housing ,administration ,,mutual ,,mortgage ,,insurance ,,program ,,account ,new commitments to guarantee single family loans insured under the ,mutual ,mortgage ,insurance ,fund shall not exceed #djj1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that during fiscal year #bjba1 obligations to make direct loans to carry out the purposes of section #bjd7;g7 of the ,national ,housing ,act1 as amended1 shall not exceed #a1jjj1jjj3 ,provided further1 ,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 ,fund3 ,provided further1 ,that for administrative contract expenses of the ,federal ,housing ,administration1 #acj1jjj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided further1 ,that to the extent guaranteed loan commitments exceed #bjj1jjj1jjj1jjj on or before ,april #a1 #bjba1 an additional #a1djj for administrative contract expenses shall be available for each #a1jjj1jjj in additional guaranteed loan commitments 7including a pro rata amount for any amount below #a1jjj1jjj71 but in no case shall funds made available by this proviso exceed #cj1jjj1jjj3 ,provided further1 ,that notwithstanding the limitation in the first sentence of section #bee7;g7 of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agaez-#bj7;g771 during fiscal year #bjba the ,secretary may insure and enter into new commitments to insure mortgages under section #bee of the ,national ,housing ,act only to the extent that the net credit subsidy cost for such insurance does not exceed zero4 ,,general ,,and ,,special ,,risk ,,program ,,account ,new commitments to guarantee loans insured under the ,general and ,special ,risk ,insurance ,funds1 as authorized by sections #bch and #eai of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agaez-#c and #agce;c71 shall not exceed #cj1jjj1jjj1jjj in total loan principal1 any part of which is to be guaranteed1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that during fiscal year #bjba1 gross obligations for the principal amount of direct loans1 as authorized by sections #bjd7;g71 #bjg7l71 #bch1 and #eai7;a7 of the ,national ,housing ,act1 shall not exceed #a1jjj1jjj1 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 ,act4 ,government ,national ,mortgage ,association ,,guarantees ,,of ,,mortgage-,,backed ,,securities ,,loan ,,guarantee ,,program ,,account ,new commitments to issue guarantees to carry out the purposes of section #cjf of the ,national ,housing ,act1 as amended 7#ab ,u4,s4,c4 #agba7;g771 shall not exceed #a1cjj1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that #cc1ejj1jjj1 to remain available until ,september #cj1 #bjbb1 shall be for necessary salaries and expenses of the ,office of ,government ,national ,mortgage ,association3 ,provided further1 ,that to the extent that guaranteed loan commitments exceed #aee1jjj1jjj1jjj on or before ,april #a1 #bjba1 an additional #ajj for necessary salaries and expenses shall be available until expended for each #a1jjj1jjj in additional guaranteed loan commitments 7including a pro rata amount for any amount below #a1jjj1jjj71 but in no case shall funds made available by this proviso exceed #c1jjj1jjj3 ,provided further1 ,that receipts from ,commitment and ,multiclass fees collected pursuant to title ,,iii of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agaf et seq47 shall be credited as offsetting collections to this account4 ,policy ,development and ,research ,,research ,,and ,,technology ,for contracts1 grants1 and necessary expenses of programs of research and studies relating to housing and urban problems1 not otherwise provided for1 as authorized by title ,v of the ,housing and ,urban ,development ,act of #aigj 7#ab ,u4,s4,c4 #agjaz-#a et seq471 including carrying out the functions of the ,secretary of ,housing and ,urban ,development under section #a7;a77#a77;i7 of ,reorganization ,plan ,no4 #b of #aifh1 and for technical assistance1 #aje1jjj1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that with respect to amounts made available under this heading1 notwithstanding section #bjc of this title1 the ,secretary may enter into cooperative agreements with philanthropic entities1 other ,federal agencies1 ,state or local governments and their agencies1 ,indian ,tribes1 tribally designated housing entities1 or colleges or universities for research projects3 ,provided further1 ,that with respect to the preceding proviso1 such partners to the cooperative agreements shall contribute at least a #ej percent match toward the cost of the project3 ,provided further1 ,that for non-competitive agreements entered into in accordance with the preceding two provisos1 the ,secretary shall comply with section #b7;b7 of the ,federal ,funding ,accountability and ,transparency ,act of #bjjf 7,public ,law #aji-bhb1 #ca ,u4,s4,c4 note7 in lieu of compliance with section #ajb7;a77#d77;,c7 of the ,department of ,housing and ,urban ,development ,reform ,act of #aihi 7#db ,u4,s4,c4 #cede7;a77#d77;,c77 with respect to documentation of award decisions3 ,provided further1 ,that prior to obligation of technical assistance funding1 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 #cj days prior to obligation3 ,provided further1 ,that none of the funds provided under this heading may be available for the doctoral dissertation research grant program4 ,fair ,housing and ,equal ,opportunity ,,fair ,,housing ,,activities ,for contracts1 grants1 and other assistance1 not otherwise provided for1 as authorized by title ,,viii of the ,civil ,rights ,act of #aifh 7#db ,u4,s4,c4 #cfja et seq471 and section #efa of the ,housing and ,community ,development ,act of #aihg 7#db ,u4,s4,c4 #cfaf;a71 #gb1eee1jjj1 to remain available until ,september #cj1 #bjbb3 ,provided1 ,that notwithstanding section #ccjb of title #ca1 ,united ,states ,code1 the ,secretary may assess and collect fees to cover the costs of the ,fair ,housing ,training ,academy1 and may use such funds to develop on-line courses and provide such training3 ,provided further1 ,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 contract1 grant1 or loan3 ,provided further1 ,that of the funds made available under this heading1 #cej1jjj 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 ,development4 ,office of ,lead ,hazard ,control and ,healthy ,homes ,,lead ,,hazard ,,reduction 7,,including ,,transfer ,,of ,,funds7 ,for the ,lead ,hazard ,reduction ,program1 as authorized by section #ajaa of the ,residential ,lead-,based ,paint ,hazard ,reduction ,act of #aiib1 #cfj1jjj1jjj1 to remain available until ,september #cj1 #bjbc1 of which #fj1jjj1jjj shall be for the ,healthy ,homes ,initiative1 pursuant to sections #eja and #ejb of the ,housing and ,urban ,development ,act of #aigj1 which shall include research1 studies1 testing1 and demonstration efforts1 including education and outreach concerning lead-based paint poisoning and other housing-related diseases and hazards3 ,provided1 ,that for purposes of environmental review1 pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and other provisions of law that further the purposes of such ,act1 a grant under the ,healthy ,homes ,initiative1 or the ,lead ,technical ,studies program under this heading or under prior appropriations ,acts for such purposes under this heading1 shall be considered to be funds for a special project for purposes of section #cje7;c7 of the ,multifamily ,housing ,property ,disposition ,reform ,act of #aiid3 ,provided further1 ,that not less than #ie1jjj1jjj of the amounts made available under this heading for the award of grants pursuant to section #ajaa of the ,residential ,lead-,based ,paint ,hazard ,reduction ,act of #aiib shall be provided to areas with the highest lead-based paint abatement needs3 ,provided further1 ,that with respect to obligated amounts appropriated under this heading in title ,,ii of division ,g of the ,consolidated ,appropriations ,act1 #bjai 7,public ,law #aaf-f7 for the implementation of projects to demonstrate how intensive1 extended1 multi-year interventions can dramatically reduce the presence of lead-based paint hazards in communities3 7#a7 such projects may serve more than four contiguous census tracts2 7#b7 such projects shall allow for enrollment of families and homes within the community beyond where the initially targeted census tracts were located1 provided that such projects meet the highest lead-based paint abatement needs1 as determined by the ,secretary2 and 7#c7 such projects may exceed #e years in duration1 notwithstanding any inconsistent requirements3 ,provided further1 ,that of the amount made available for the ,healthy ,homes ,initiative1 #e1jjj1jjj 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 homes3 ,provided further1 ,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 availability3 ,provided further1 ,that of the amounts made available under this heading1 #aj1jjj1jjj shall be for a program established by the ,secretary to make grants to experienced non-profit organizations1 ,states1 local governments1 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 residence3 ,provided further1 ,that of the total amount made available under the previous proviso1 no less than #e1jjj1jjj shall be available to meet such needs in communities with substantial rural populations3 ,provided further1 ,that amounts made available under this heading1 except for amounts in the previous two provisos1 in this or prior appropriations ,acts1 still remaining available1 may be used for any purpose under this heading notwithstanding the purpose for which such amounts were appropriated if a program competition is undersubscribed and there are other program competitions under this heading that are oversubscribed3 ,provided further1 ,that up to #b1jjj1jjj 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 agreements4 ,information ,technology ,fund ,for the development1 modernization1 and enhancement of1 modifications to1 and infrastructure for ,department-wide and program-specific information technology systems1 for the continuing operation and maintenance of both ,department-wide and program-specific information systems1 and for program-related maintenance activities1 #cjj1jjj1jjj1 of which #bfj1jjj1jjj shall remain available until ,september #cj1 #bjbb1 and of which #dj1jjj1jjj shall remain available until ,september #cj1 #bjbd3 ,provided1 ,that any amounts transferred to this ,fund under this ,act shall remain available until expended3 ,provided further1 ,that any amounts transferred to this ,fund from amounts appropriated by previously enacted appropriations ,acts may be used for the purposes specified under this ,fund1 in addition to any other information technology purposes for which such amounts were appropriated3 ,provided further1 ,that not more than #aj percent of the funds made available under this heading for development1 modernization1 and enhancement may be obligated until the ,secretary submits a performance plan to the ,house and ,senate ,committees on ,appropriations for approval4 ,office of ,inspector ,general ,for necessary salaries and expenses of the ,office of ,inspector ,general in carrying out the ,inspector ,general ,act of #aigh1 as amended1 #ace1ead1jjj3 ,provided1 ,that the ,inspector ,general shall have independent authority over all personnel issues within this office3 ,provided further1 ,that for this fiscal year and each fiscal year thereafter1 subject to appropriations for that purpose1 the ,office of ,inspector ,general shall procure and rely upon the services of an independent external auditor7s7 to audit the financial statements of the ,department of ,housing and ,urban ,development1 including the consolidated financial statement and the financial statements of the ,federal ,housing ,administration and the ,government ,national ,mortgage ,association3 ,provided further1 ,that in addition to amounts under this heading otherwise available for the purposes specified in the previous proviso1 #a1fhf1jjj shall be available only for such specified purposes4 ,general ,provisions--,department of ,housing and ,urban ,development 7,,including ,,transfer ,,of ,,funds7 7,,including ,,rescissions7 #bja4 ,fifty percent of the amounts of budget authority1 or in lieu thereof #ej percent of the cash amounts associated with such budget authority1 that are recaptured from projects described in section #ajab7;a7 of the ,stewart ,b4 ,mc,kinney ,homeless ,assistance ,amendments ,act of #aihh 7#db ,u4,s4,c4 #adcg;f note7 shall be rescinded or in the case of cash1 shall be remitted to the ,treasury1 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 #a1 #aiib1 in accordance with such section4 ,notwithstanding the previous sentence1 the ,secretary may award up to #ae 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 rate4 #bjb4 ,none of the funds made available by this ,act may be used during fiscal year #bjba to investigate or prosecute under the ,fair ,housing ,act any otherwise lawful activity engaged in by one or more persons1 including the filing or maintaining of a nonfrivolous legal action1 that is engaged in solely for the purpose of achieving or preventing action by a ,government official or entity1 or a court of competent jurisdiction4 #bjc4 ,except as explicitly provided in law1 any grant1 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 #ajb of the ,department of ,housing and ,urban ,development ,reform ,act of #aihi 7#db ,u4,s4,c4 #cede74 #bjd4 ,funds of the ,department of ,housing and ,urban ,development subject to the ,government ,corporation ,control ,act or section #djb of the ,housing ,act of #aiej shall be available1 without regard to the limitations on administrative expenses1 for legal services on a contract or fee basis1 and for utilizing and making payment for services and facilities of the ,federal ,national ,mortgage ,association1 ,government ,national ,mortgage ,association1 ,federal ,home ,loan ,mortgage ,corporation1 ,federal ,financing ,bank1 ,federal ,reserve banks or any member thereof1 ,federal ,home ,loan banks1 and any insured bank within the meaning of the ,federal ,deposit ,insurance ,corporation ,act1 as amended 7#ab ,u4,s4,c4 #ahaa-a74 #bje4 ,unless otherwise provided for in this ,act or through a reprogramming of funds1 no part of any appropriation for the ,department of ,housing and ,urban ,development shall be available for any program1 project or activity in excess of amounts set forth in the budget estimates submitted to ,congress4 #bjf4 ,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 expenditures1 within the limits of funds and borrowing authority available to each such corporation or agency and in accordance with law1 and to make such contracts and commitments without regard to fiscal year limitations as provided by section #ajd of such ,act as may be necessary in carrying out the programs set forth in the budget for #bjba for such corporation or agency except as hereinafter provided3 ,provided1 ,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 7unless such loans are in support of other forms of assistance provided for in this or prior appropriations ,acts71 except that this proviso shall not apply to the mortgage insurance or guaranty operations of these corporations1 or where loans or mortgage purchases are necessary to protect the financial interest of the ,united ,states ,government4 #bjg4 ,the ,secretary shall provide quarterly reports to the ,house and ,senate ,committees on ,appropriations regarding all uncommitted1 unobligated1 recaptured and excess funds in each program and activity within the jurisdiction of the ,department and shall submit additional1 updated budget information to these ,committees upon request4 #bjh4 ,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 #aiij 7#b ,u4,s4,c4 #ffa et seq474 #bji4 7a7 ,notwithstanding any other provision of law1 subject to the conditions listed under this section1 for fiscal years #bjba and #bjbb1 the ,secretary of ,housing and ,urban ,development may authorize the transfer of some or all project-based assistance1 debt held or insured by the ,secretary and statutorily required low-income and very low-income use restrictions if any1 associated with one or more multifamily housing project or projects to another multifamily housing project or projects4 7b7 ,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 transferred1 to ensure that such project or projects meet the standards under subsection 7c74 7c7 ,the transfer authorized in subsection 7a7 is subject to the following conditions3 7#a7 ,number and bedroom size of units 7,a7 ,for occupied units in the transferring project3 ,the number of low-income and very low-income units and the configuration 7i4e41 bedroom size7 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 projects4 7,b7 ,for unoccupied units in the transferring project3 ,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 demands1 as determined by the ,secretary and provided there is no increase in the project-based assistance budget authority4 7#b7 ,the transferring project shall1 as determined by the ,secretary1 be either physically obsolete or economically nonviable1 or be reasonably expected to become economically nonviable when complying with state or ,federal requirements for community integration and reduced concentration of individuals with disabilities4 7#c7 ,the receiving project or projects shall meet or exceed applicable physical standards established by the ,secretary4 7#d7 ,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 officials4 7#e7 ,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 occupancy4 7#f7 ,the ,secretary determines that this transfer is in the best interest of the tenants4 7#g7 ,if either the transferring project or the receiving project or projects meets the condition specified in subsection 7d77#b77;,a71 any lien on the receiving project resulting from additional financing obtained by the owner shall be subordinate to any ,,fha-insured mortgage lien transferred to1 or placed on1 such project by the ,secretary1 except that the ,secretary may waive this requirement upon determination that such a waiver is necessary to facilitate the financing of acquisition1 construction1 and_/or rehabilitation of the receiving project or projects4 7#h7 ,if the transferring project meets the requirements of subsection 7d77#b71 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 where1 in either case1 any use restrictions in such agreement are of no lesser duration than the existing use restrictions4 7#i7 ,the transfer does not increase the cost 7as defined in section #ejb of the ,congressional ,budget ,act of #aigd7b ,u4,s4,c4 #ffa;a77 of any ,,fha-insured mortgage1 except to the extent that appropriations are provided in advance for the amount of any such increased cost4 7d7 ,for purposes of this section-- 7#a7 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 assisted2 7#b7 the term multifamily housing project means housing that meets one of the following conditions-- 7,a7 housing that is subject to a mortgage insured under the ,national ,housing ,act2 7,b7 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 ,act2 7,c7 housing that is assisted under section #bjb of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq72 7,d7 housing that is assisted under section #bjb of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq71 as such section existed before the enactment of the ,cranston-,gonzales ,national ,affordable ,housing ,act2 7,e7 housing that is assisted under section #haa of the ,cranston-,gonzales ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac72 or 7,f7 housing or vacant land that is subject to a use agreement2 7#c7 the term project-based assistance means-- 7,a7 assistance provided under section #h7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7b772 7,b7 assistance for housing constructed or substantially rehabilitated pursuant to assistance provided under section #h7;b77#b7 of such ,act 7as such section existed immediately before ,october #a1 #aihc72 7,c7 rent supplement payments under section #aja of the ,housing and ,urban ,development ,act of #aife 7#ab ,u4,s4,c4 #agjas72 7,d7 interest reduction payments under section #bcf and_/or additional assistance payments under section #bcf7;f77#b7 of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agaez-#a72 7,e7 assistance payments made under section #bjb7;c77#b7 of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq7c77#b772 and 7,f7 assistance payments made under section #haa7;d77#b7 of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac7;d77#b772 7#d7 the term receiving project or projects means the multifamily housing project or projects to which some or all of the project-based assistance1 debt1 and statutorily required low-income and very low-income use restrictions are to be transferred2 7#e7 the term transferring project means the multifamily housing project which is transferring some or all of the project-based assistance1 debt1 and the statutorily required low-income and very low-income use restrictions to the receiving project or projects2 and 7#f7 the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7e7 ,research report ,the ,secretary shall conduct an evaluation of the transfer authority under this section1 including the effect of such transfers on the operational efficiency1 contract rents1 physical and financial conditions1 and long-term preservation of the affected properties4 #baj4 7a7 ,no assistance shall be provided under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7 to any individual who-- 7#a7 is enrolled as a student at an institution of higher education 7as defined under section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb772 7#b7 is under #bd years of age2 7#c7 is not a veteran2 7#d7 is unmarried2 7#e7 does not have a dependent child2 7#f7 is not a person with disabilities1 as such term is defined in section #c7;b77#c77;,e7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b77#c77;,e77 and was not receiving assistance under such section #h as of ,november #cj1 #bjje2 7#g7 is not a youth who left foster care at age #ad or older and is at risk of becoming homeless2 and 7#h7 is not otherwise individually eligible1 or has parents who1 individually or jointly1 are not eligible1 to receive assistance under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f74 7b7 ,for purposes of determining the eligibility of a person to receive assistance under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f71 any financial assistance 7in excess of amounts received for tuition and any other required fees and charges7 that an individual receives under the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq471 from private sources1 or from an institution of higher education 7as defined under section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb771 shall be considered income to that individual1 except for a person over the age of #bc with dependent children4 #baa4 ,the funds made available for ,native ,alaskans under paragraph 7#a7 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 #bjje1 and only such recipients shall be eligible to apply for funds made available under paragraph 7#b7 of such heading4 #bab4 ,notwithstanding any other provision of law1 in fiscal year #bjba1 in managing and disposing of any multifamily property that is owned or has a mortgage held by the ,secretary of ,housing and ,urban ,development1 and during the process of foreclosure on any property with a contract for rental assistance payments under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7 or any other ,federal programs1 the ,secretary shall maintain any rental assistance payments under section #h of the ,united ,states ,housing ,act of #aicg and other programs that are attached to any dwelling units in the property4 ,to the extent the ,secretary determines1 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 #h or other programs1 based on consideration of 7#a7 the costs of rehabilitating and operating the property and all available ,federal1 ,state1 and local resources1 including rent adjustments under section #ebd of the ,multifamily ,assisted ,housing ,reform and ,affordability ,act of #aiig 7,,mahraa7 7#db ,u4,s4,c4 #adcg;f note71 and 7#b7 environmental conditions that cannot be remedied in a cost-effective fashion1 the ,secretary may1 in consultation with the tenants of that property1 contract for project-based rental assistance payments with an owner or owners of other existing housing properties1 or provide other rental assistance4 ,the ,secretary shall also take appropriate steps to ensure that project-based contracts remain in effect prior to foreclosure1 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 remedies1 such as partial abatements or receivership4 ,after disposition of any multifamily property described in this section1 the contract and allowable rent levels on such properties shall be subject to the requirements under section #ebd of ,,mahraa4 #bac4 ,public housing agencies that own and operate #djj 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 rule3 ,provided1 ,that an agency seeking a discontinuance of a reduction of subsidy under the operating fund formula shall not be exempt from asset management requirements4 #bad4 ,with respect to the use of amounts provided in this ,act and in future ,acts for the operation1 capital improvement1 and management of public housing as authorized by sections #i7;d7 and #i7;e7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7d717e771 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 7#a7 or 7#b7 of section #i7;g7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7g77#a71 7#b773 ,provided1 ,that a public housing agency may not use capital funds authorized under section #i7;d7 for activities that are eligible under section #i7;e7 for assistance with amounts from the operating fund in excess of the amounts permitted under paragraph 7#a7 or 7#b7 of section #i7;g74 #bae4 ,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 directives4 ,the ,chief ,financial ,officer shall ensure that there is a trained allotment holder for each ,,hud appropriation under the accounts ,executive ,offices1 ,administrative ,support ,offices1 ,program ,offices1 ,government ,national ,mortgage ,association--,guarantees of ,mortgage-,backed ,securities ,loan ,guarantee ,program ,account1 and ,office of ,inspector ,general within the ,department of ,housing and ,urban ,development4 #baf4 ,the ,secretary shall1 for fiscal year #bjba1 notify the public through the ,federal ,register and other means1 as determined appropriate1 of the issuance of a notice of the availability of assistance or notice of funding availability 7,,nofa7 for any program or discretionary fund administered by the ,secretary that is to be competitively awarded4 ,notwithstanding any other provision of law1 for fiscal year #bjba1 the ,secretary may make the ,,nofa available only on the ,internet at the appropriate ,government website or through other electronic media1 as determined by the ,secretary4 #bag4 ,payment of attorney fees in program-related litigation shall be paid from the individual program office and ,office of ,general ,counsel salaries and expenses appropriations4 ,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 request4 #bah4 ,the ,secretary is authorized to transfer up to #aj percent or #e1jjj1jjj1 whichever is less1 of funds appropriated for any office under the headings ,administrative ,support ,offices or ,program ,offices to any other such office under such headings3 ,provided1 ,that no appropriation for any such office under such headings shall be increased or decreased by more than #aj percent or #e1jjj1jjj1 whichever is less1 without prior written approval of the ,house and ,senate ,committees on ,appropriations3 ,provided further1 ,that the ,secretary shall provide notification to such ,committees #c business days in advance of any such transfers under this section up to #aj percent or #e1jjj1jjj1 whichever is less4 #bai4 7a7 ,any entity receiving housing assistance payments shall maintain decent1 safe1 and sanitary conditions1 as determined by the ,secretary1 and comply with any standards under applicable ,state or local laws1 rules1 ordinances1 or regulations relating to the physical condition of any property covered under a housing assistance payment contract4 7b7 ,the ,secretary shall take action under subsection 7c7 when a multifamily housing project with a contract under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7 or a contract for similar project-based assistance-- 7#a7 receives a ,uniform ,physical ,condition ,standards 7,,upcs7 score of #fj or less2 or 7#b7 fails to certify in writing to the ,secretary within #c days that all ,exigent ,health and ,safety deficiencies identified by the inspector at the project have been corrected4 ,such requirements shall apply to insured and noninsured projects with assistance attached to the units under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f71 but shall not apply to such units assisted under section #h7o77#ac7 of such ,act 7#db ,u4,s4,c4 #adcg;f7o77#ac77 or to public housing units assisted with capital or operating funds under section #i of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g74 7c7 7#a7 ,within #ae days of the issuance of the ,real ,estate ,assessment ,center 7,,reac7 inspection1 the ,secretary shall provide the owner with a ,notice of ,default with a specified timetable1 determined by the ,secretary1 for correcting all deficiencies4 ,the ,secretary shall provide a copy of the ,notice of ,default to the tenants1 the local government1 any mortgagees1 and any contract administrator4 ,if the owner's appeal results in a ,,upcs score of #fj or above1 the ,secretary may withdraw the ,notice of ,default4 7#b7 ,at the end of the time period for correcting all deficiencies specified in the ,notice of ,default1 if the owner fails to fully correct such deficiencies1 the ,secretary may-- 7,a7 require immediate replacement of project management with a management agent approved by the ,secretary2 7,b7 impose civil money penalties1 which shall be used solely for the purpose of supporting safe and sanitary conditions at applicable properties1 as designated by the ,secretary1 with priority given to the tenants of the property affected by the penalty2 7,c7 abate the section #h contract1 including partial abatement1 as determined by the ,secretary1 until all deficiencies have been corrected2 7,d7 pursue transfer of the project to an owner1 approved by the ,secretary under established procedures1 who will be obligated to promptly make all required repairs and to accept renewal of the assistance contract if such renewal is offered2 7,e7 transfer the existing section #h contract to another project or projects and owner or owners2 7,f7 pursue exclusionary sanctions1 including suspensions or debarments from ,federal programs2 7,g7 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 deficiencies2 7,h7 work with the owner1 lender1 or other related party to stabilize the property in an attempt to preserve the property through compliance1 transfer of ownership1 or an infusion of capital provided by a third-party that requires time to effectuate2 or 7,i7 take any other regulatory or contractual remedies available as deemed necessary and appropriate by the ,secretary4 7d7 ,the ,secretary shall take appropriate steps to ensure that project-based contracts remain in effect1 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 tenants4 ,to the extent the ,secretary determines1 in consultation with the tenants and the local government1 that the property is not feasible for continued rental assistance payments under such section #h or other programs1 based on consideration of-- 7#a7 the costs of rehabilitating and operating the property and all available ,federal1 ,state1 and local resources1 including rent adjustments under section #ebd of the ,multifamily ,assisted ,housing ,reform and ,affordability ,act of #aiig 7,,mahraa72 and 7#b7 environmental conditions that cannot be remedied in a cost-effective fashion1 the ,secretary may contract for project-based rental assistance payments with an owner or owners of other existing housing properties1 or provide other rental assistance4 7e7 ,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 #fj or have received an unsatisfactory management and occupancy review within the past #cf months4 ,the report shall include-- 7#a7 identification of the enforcement actions being taken to address such conditions1 including imposition of civil money penalties and termination of subsidies1 and identification of properties that have such conditions multiple times2 7#b7 identification of actions that the ,department of ,housing and ,urban ,development is taking to protect tenants of such identified properties2 and 7#c7 any administrative or legislative recommendations to further improve the living conditions at properties covered under a housing assistance payment contract4 ,this report shall be submitted to the ,senate and ,house ,committees on ,appropriations not later than #cj days after the enactment of this ,act1 and on the first business day of each ,federal fiscal year quarter thereafter while this section remains in effect4 #bbj4 ,none of the funds made available by this ,act1 or any other ,act1 for purposes authorized under section #h 7only with respect to the tenant-based rental assistance program7 and section #i of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg et seq471 may be used by any public housing agency for any amount of salary1 including bonuses1 for the chief executive officer of which1 or any other official or employee of which1 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 #bjba4 #bba4 ,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 #c full business days before any project1 ,state1 locality1 housing authority1 ,tribe1 nonprofit organization1 or other entity selected to receive a grant award is announced by the ,department or its offices4 #bbb4 ,none of the funds made available by this ,act may be used to require or enforce the ,physical ,needs ,assessment 7,,pna74 #bbc4 ,none of the funds made available in this ,act shall be used by the ,federal ,housing ,administration1 the ,government ,national ,mortgage ,association1 or the ,department of ,housing and ,urban ,development to insure1 securitize1 or establish a ,federal guarantee of any mortgage or mortgage backed security that refinances or otherwise replaces a mortgage that has been subject to eminent domain condemnation or seizure1 by a ,state1 municipality1 or any other political subdivision of a ,state4 #bbd4 ,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 7as defined in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb77 with respect to grants under section #ajf of such ,act 7#db ,u4,s4,c4 #ecjf74 #bbe4 ,amounts made available by this ,act that are appropriated1 allocated1 advanced on a reimbursable basis1 or transferred to the ,office of ,policy ,development and ,research of the ,department of ,housing and ,urban ,development and functions thereof1 for research1 evaluation1 or statistical purposes1 and that are unexpended at the time of completion of a contract1 grant1 or cooperative agreement1 may be deobligated and shall immediately become available and may be reobligated in that fiscal year or the subsequent fiscal year for the research1 evaluation1 or statistical purposes for which the amounts are made available to that ,office subject to reprogramming requirements in section #dje of this ,act4 #bbf4 ,none of the funds provided in this ,act or any other ,act may be used for awards1 including performance1 special act1 or spot1 for any employee of the ,department of ,housing and ,urban ,development subject to administrative discipline 7including suspension from work71 in this fiscal year1 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 discipline4 #bbg4 ,with respect to grant amounts awarded under the heading ,homeless ,assistance ,grants for fiscal years #bjae through #bjba for the ,continuum of ,care 7,co,c7 program as authorized under subtitle ,c of title ,,iv of the ,mc,kinney-,vento ,homeless ,assistance ,act1 costs paid by program income of grant recipients may count toward meeting the recipient's matching requirements1 provided the costs are eligible ,co,c costs that supplement the recipient's ,co,c program4 #bbh4 7a7 ,from amounts made available under this title under the heading ,homeless ,assistance ,grants1 the ,secretary may award #a-year transition grants to recipients of funds for activities under subtitle ,c of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacha et seq47 to transition from one ,continuum of ,care program component to another4 7b7 ,in order to be eligible to receive a transition grant1 the funding recipient must have the consent of the continuum of care and meet standards determined by the ,secretary4 #bbi4 ,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 7#hj ,fed4 ,reg4 #dbbgb 7,july #af1 #bjae77 or the notice entitled ,affirmatively ,furthering ,fair ,housing ,assessment ,tool 7#gi ,fed4 ,reg4 #egidi 7,september #bf1 #bjad774 #bcj4 ,the ,promise ,zone designations and ,promise ,zone ,designation ,agreements entered into pursuant to such designations1 made by the ,secretary in prior fiscal years1 shall remain in effect in accordance with the terms and conditions of such agreements4 #bca4 ,none of the funds made available by this ,act may be used to establish and apply review criteria1 including rating factors or preference points1 for participation in or coordination with ,en,vision ,centers1 in the evaluation1 selection1 and award of any funds made available and requiring competitive selection under this ,act1 except with respect to any such funds otherwise authorized for ,en,vision ,center purposes under this ,act4 #bcb4 ,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 agency1 as such contract was in effect as of ,december #ca1 #bjag1 unless such changes are mutually agreed upon by the ,secretary and such agency3 ,provided1 ,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 executive3 ,provided further1 ,that the ,secretary may not withhold funds to compel such agreement by an agency which certifies to its compliance with its contract4 #bcc4 ,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 ,act4 #bcd4 ,any public housing agency designated as a ,moving to ,work agency pursuant to section #bci of division ,l of ,public ,law #aad-aac 7#db ,u4,s4,c4 #adcg;f note2 #abi ,stat4 #bhig7 may1 upon such designation1 use funds 7except for special purpose funding1 including special purpose vouchers7 previously allocated to any such public housing agency under section #h or #i of the ,united ,states ,housing ,act of #aicg1 including any reserve funds held by the public housing agency or funds held by the ,department of ,housing and ,urban ,development1 pursuant to the authority for use of section #h or #i funding provided under such section and section #bjd of title ,,ii of the ,departments of ,veterans ,affairs and ,housing and ,urban ,development and ,independent ,agencies ,appropriations ,act1 #aiif 7,public ,law #ajd-acd2 #aaj ,stat4 #acba-bh71 notwithstanding the purposes for which such funds were appropriated4 #bce4 ,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 for1 receiving1 or using funds made available under the heading ,public ,housing ,fund for competitive grants to evaluate and reduce lead-based paint hazards in this ,act or that remain available and not awarded from prior ,acts1 or be used to prohibit a public housing agency from using such funds to carry out any required work pursuant to a settlement agreement1 consent decree1 voluntary agreement1 or similar document for a violation of the ,lead ,safe ,housing or ,lead ,disclosure ,rules4 #bcf4 ,there are hereby rescinded1 from funds appropriated under the heading ,department of ,housing and ,urban ,development--,housing ,programs--,rental ,housing ,assistance-- 7#a7 all unobligated balances from recaptured amounts appropriated prior to fiscal year #bjjf from terminated contracts under section #bcf7;f77#b7 of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agaez-#a7;f77#b771 and any unobligated balances1 including recaptures and carryover1 remaining from funds appropriated under such heading after fiscal year #bjje2 and 7#b7 any funds remaining from amounts appropriated under such heading in the prior fiscal year4 #bcg4 ,none of the funds made available by this title may be used to issue rules or guidance in contravention of section #baj of ,public ,law #aae-bed 7#acb ,stat4 #cddb7 or section #cab of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaee74 #bch4 ,no later than ,september #cj1 #bjba1 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 ,act1 #bjai 7,public ,law #aaf-f7 are hereby permanently rescinded1 and an amount of additional new budget authority equivalent to the amount rescinded is hereby appropriated1 to remain available until ,september #cj1 #bjbb1 in addition to other funds as may be available for such purposes1 and shall be available1 without additional competition1 for completing the funding of awards made pursuant to the fiscal year #bjai youth homelessness demonstration4 ,this title may be cited as the ,department of ,housing and ,urban ,development ,appropriations ,act1 #bjba4 ,,iii ,related agencies ,access board ,salaries and expenses ,for expenses necessary for the ,access ,board1 as authorized by section #ejb of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gib71 #i1bjj1jjj3 ,provided1 ,that1 notwithstanding any other provision of law1 there may be credited to this appropriation funds received for publications and training expenses4 ,federal maritime commission ,,salaries ,,and ,,expenses ,for necessary expenses of the ,federal ,maritime ,commission as authorized by section #bja7;d7 of the ,merchant ,marine ,act1 #aicf 7#df ,u4,s4,c4 #cjg71 including services as authorized by section #caji of title #e1 ,united ,states ,code2 hire of passenger motor vehicles as authorized by section #acdc7;b7 of title #ca1 ,united ,states ,code2 and uniforms or allowances therefore1 as authorized by sections #eija and #eijb of title #e1 ,united ,states ,code1 #cj1cjj1jjj3 ,provided1 ,that not to exceed #c1ejj shall be for official reception and representation expenses4 ,national railroad passenger corporation ,office of inspector general ,,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 #aigh 7#e ,u4,s4,c4 ,app4 #c71 #be1bgd1jjj3 ,provided1 ,that the ,inspector ,general shall have all necessary authority1 in carrying out the duties specified in such ,act1 to investigate allegations of fraud1 including false statements to the ,government under section #ajja of title #ah1 ,united ,states ,code1 by any person or entity that is subject to regulation by the ,national ,railroad ,passenger ,corporation3 ,provided further1 ,that the ,inspector ,general may enter into contracts and other arrangements for audits1 studies1 analyses1 and other services with public agencies and with private persons1 subject to the applicable laws and regulations that govern the obtaining of such services within the ,national ,railroad ,passenger ,corporation3 ,provided further1 ,that the ,inspector ,general may select1 appoint1 and employ such officers and employees as may be necessary for carrying out the functions1 powers1 and duties of the ,office of ,inspector ,general1 subject to the applicable laws and regulations that govern such selections1 appointments1 and employment within the ,national ,railroad ,passenger ,corporation3 ,provided further1 ,that concurrent with the ,president's budget request for fiscal year #bjbb1 the ,inspector ,general shall submit to the ,house and ,senate ,committees on ,appropriations a budget request for fiscal year #bjbb in similar format and substance to budget requests submitted by executive agencies of the ,federal ,government4 ,national transportation safety board ,,salaries ,,and ,,expenses ,for necessary expenses of the ,national ,transportation ,safety ,board1 including hire of passenger motor vehicles and aircraft2 services as authorized by #e ,u4,s4,c4 #caji1 but at rates for individuals not to exceed the per diem rate equivalent to the rate for a ,,gs-#ae2 uniforms1 or allowances therefor1 as authorized by law 7#e ,u4,s4,c4 #eija-eijb71 #aah1djj1jjj1 of which not to exceed #b1jjj may be used for official reception and representation expenses3 ,provided1 ,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 #bjja for a capital lease4 ,neighborhood reinvestment corporation ,,payment ,,to ,,the ,,neighborhood ,,reinvestment ,,corporation ,for payment to the ,neighborhood ,reinvestment ,corporation for use in neighborhood reinvestment activities1 as authorized by the ,neighborhood ,reinvestment ,corporation ,act 7#db ,u4,s4,c4 #haja-hajg71 #afc1jjj1jjj1 of which #e1jjj1jjj shall be for a multi-family rental housing program3 ,provided1 ,that an additional #b1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 shall be for the promotion and development of shared equity housing models4 ,surface transportation board ,,salaries ,,and ,,expenses ,for necessary expenses of the ,surface ,transportation ,board1 including services authorized by section #caji of title #e1 ,united ,states ,code1 #cg1ejj1jjj3 ,provided1 ,that1 notwithstanding any other provision of law1 not to exceed #a1bej1jjj 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 heading3 ,provided further1 ,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 #bjba1 to result in a final appropriation from the general fund estimated at not more than #cf1bej1jjj4 ,united states interagency council on homelessness ,,operating ,,expenses ,for necessary expenses1 including payment of salaries1 authorized travel1 hire of passenger motor vehicles1 the rental of conference rooms1 and the employment of experts and consultants under section #caji of title #e1 ,united ,states ,code1 of the ,united ,states ,interagency ,council on ,homelessness in carrying out the functions pursuant to title ,,ii of the ,mc,kinney-,vento ,homeless ,assistance ,act1 as amended1 #c1hjj1jjj4 ,,iv ,general provisions--this act #dja4 ,none of the funds in this ,act shall be used for the planning or execution of any program to pay the expenses of1 or otherwise compensate1 non-,federal parties intervening in regulatory or adjudicatory proceedings funded in this ,act4 #djb4 ,none of the funds appropriated in this ,act shall remain available for obligation beyond the current fiscal year1 nor may any be transferred to other appropriations1 unless expressly so provided herein4 #djc4 ,the expenditure of any appropriation under this ,act for any consulting service through a procurement contract pursuant to section #caji of title #e1 ,united ,states ,code1 shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection1 except where otherwise provided under existing law1 or under existing ,executive order issued pursuant to existing law4 #djd4 7a7 ,none of the funds made available in this ,act may be obligated or expended for any employee training that-- 7#a7 does not meet identified needs for knowledge1 skills1 and abilities bearing directly upon the performance of official duties2 7#b7 contains elements likely to induce high levels of emotional response or psychological stress in some participants2 7#c7 does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation2 7#d7 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-#iae4jbb1 dated ,september #b1 #aihh2 or 7#e7 is offensive to1 or designed to change1 participants' personal values or lifestyle outside the workplace4 7b7 ,nothing in this section shall prohibit1 restrict1 or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties4 #dje4 ,except as otherwise provided in this ,act1 none of the funds provided in this ,act1 provided by previous appropriations ,acts to the agencies or entities funded in this ,act that remain available for obligation or expenditure in fiscal year #bjba1 or provided from any accounts in the ,treasury derived by the collection of fees and available to the agencies funded by this ,act1 shall be available for obligation or expenditure through a reprogramming of funds that-- 7#a7 creates a new program2 7#b7 eliminates a program1 project1 or activity2 7#c7 increases funds or personnel for any program1 project1 or activity for which funds have been denied or restricted by the ,congress2 7#d7 proposes to use funds directed for a specific activity by either the ,house or ,senate ,committees on ,appropriations for a different purpose2 7#e7 augments existing programs1 projects1 or activities in excess of #e1jjj1jjj or #aj percent1 whichever is less2 7#f7 reduces existing programs1 projects1 or activities by #e1jjj1jjj or #aj percent1 whichever is less2 or 7#g7 creates1 reorganizes1 or restructures a branch1 division1 office1 bureau1 board1 commission1 agency1 administration1 or department different from the budget justifications submitted to the ,committees on ,appropriations or the table accompanying the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act71 whichever is more detailed1 unless prior approval is received from the ,house and ,senate ,committees on ,appropriations3 ,provided1 ,that not later than #fj days after the date of enactment of this ,act1 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 year3 ,provided further1 ,that the report shall include-- 7,a7 a table for each appropriation with a separate column to display the prior year enacted level1 the ,president's budget request1 adjustments made by ,congress1 adjustments due to enacted rescissions1 if appropriate1 and the fiscal year enacted level2 7,b7 a delineation in the table for each appropriation and its respective prior year enacted level by object class and program1 project1 and activity as detailed in this ,act1 the table accompanying the explanatory statement described in section #d 7in the matter preceding division ,a of this consolidated ,act71 accompanying reports of the ,house and ,senate ,committee on ,appropriations1 or in the budget appendix for the respective appropriations1 whichever is more detailed1 and shall apply to all items for which a dollar amount is specified and to all programs for which new budget 7obligational7 authority is provided1 as well as to discretionary grants and discretionary grant allocations2 and 7,c7 an identification of items of special congressional interest4 #djf4 ,except as otherwise specifically provided by law1 not to exceed #ej percent of unobligated balances remaining available at the end of fiscal year #bjba from appropriations made available for salaries and expenses for fiscal year #bjba in this ,act1 shall remain available through ,september #cj1 #bjbb1 for each such account for the purposes authorized3 ,provided1 ,that a request shall be submitted to the ,house and ,senate ,committees on ,appropriations for approval prior to the expenditure of such funds3 ,provided further1 ,that these requests shall be made in compliance with reprogramming guidelines under section #dje of this ,act4 #djg4 ,no funds in this ,act may be used to support any ,federal1 ,state1 or local projects that seek to use the power of eminent domain1 unless eminent domain is employed only for a public use3 ,provided1 ,that for purposes of this section1 public use shall not be construed to include economic development that primarily benefits private entities3 ,provided further1 ,that any use of funds for mass transit1 railroad1 airport1 seaport or highway projects1 as well as utility projects which benefit or serve the general public 7including energy-related1 communication-related1 water-related and wastewater-related infrastructure71 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 government1 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 7,public ,law #ajg-aah7 shall be considered a public use for purposes of eminent domain4 #djh4 ,none of the funds made available in this ,act may be transferred to any department1 agency1 or instrumentality of the ,united ,states ,government1 except pursuant to a transfer made by1 or transfer authority provided in1 this ,act or any other appropriations ,act4 #dji4 ,no part of any appropriation contained in this ,act shall be available to pay the salary for any person filling a position1 other than a temporary position1 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 service1 and has within #ij days after his or her release from such service or from hospitalization continuing after discharge for a period of not more than #a year1 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 thereto4 #daj4 ,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 #b through #d of the ,act of ,march #c1 #aicc 7#da ,u4,s4,c4 #hcja-hcje1 popularly known as the ,buy ,american ,act74 #daa4 ,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 7#da ,u4,s4,c4 #hcja-hcje74 #dab4 ,none of the funds made available in this ,act may be used for first-class airline accommodations in contravention of sections #cja-aj4abb and #cja-aj4abc of title #da1 ,code of ,federal ,regulations4 #dac4 7a7 ,none of the funds made available by this ,act may be used to approve a new foreign air carrier permit under sections #dacja through #dacje of title #di1 ,united ,states ,code1 or exemption application under section #djaji of that title of an air carrier already holding an air operators certificate issued by a country that is party to the ,u4,s4-,e4,u4-,iceland-,norway ,air ,transport ,agreement where such approval would contravene ,united ,states law or ,article #ag bis of the ,u4,s4-,e4,u4-,iceland-,norway ,air ,transport ,agreement4 7b7 ,nothing in this section shall prohibit1 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 ,u4,s4-,e4,u4-,iceland-,norway ,air ,transport ,agreement and ,united ,states law4 #dad4 ,none of the funds made available in this ,act may be used to send or otherwise pay for the attendance of more than #ej employees of a single agency or department of the ,united ,states ,government1 who are stationed in the ,united ,states1 at any single international conference unless the relevant ,secretary reports to the ,house and ,senate ,committees on ,appropriations at least #e days in advance that such attendance is important to the national interest3 ,provided1 ,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 governments1 international organizations1 or nongovernmental organizations4 #dae4 ,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 #aiad of title #bh1 ,united ,states ,code4 #daf4 7a7 ,none of the funds made available in this ,act may be used to maintain or establish a computer network unless such network blocks the viewing1 downloading1 and exchanging of pornography4 7b7 ,nothing in subsection 7a7 shall limit the use of funds necessary for any ,federal1 ,state1 tribal1 or local law enforcement agency or any other entity carrying out criminal investigations1 prosecution1 or adjudication activities4 #dag4 7a7 ,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 records1 documents1 or other materials available to the department or agency over which that ,inspector ,general has responsibilities under the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 or to prevent or impede that ,inspector ,general's access to such records1 documents1 or other materials1 under any provision of law1 except a provision of law that expressly refers to the ,inspector ,general and expressly limits the ,inspector ,general's right of access4 7b7 ,a department or agency covered by this section shall provide its ,inspector ,general with access to all such records1 documents1 and other materials in a timely manner4 7c7 ,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 #aigh 7#e ,u4,s4,c4 ,app474 7d7 ,each ,inspector ,general covered by this section shall report to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate within #e calendar days any failures to comply with this requirement4 #dah4 ,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 satisfactory1 behind schedule1 over budget1 or has failed to meet the basic requirements of a contract1 unless the ,agency determines that any such deviations are due to unforeseeable events1 government-driven scope changes1 or are not significant within the overall scope of the project and_/or program unless such awards or incentive fees are consistent with #af4dja7;e77#b7 of the ,federal ,acquisition ,regulations4 #dai4 ,in allocating and awarding available amounts provided under the heading ,homeless ,assistance ,grants in the ,department of ,housing and ,urban ,development ,appropriations ,act1 #bjbj 7,public ,law #aaf-id71 the same heading for fiscal year #bjai 7,public ,law #aaf-f71 and section #bca of ,public ,law #aaf-id for the ,continuum of ,care program1 the ,secretary of ,housing and ,urban ,development shall renew for one #ab-month period1 without additional competition1 all projects with existing grants expiring during calendar year #bjba1 including youth homeless demonstration projects and shelter plus care projects expiring during calendar year #bjba1 notwithstanding any inconsistent provisions in such ,acts or in subtitle ,c of title ,,iv of the ,mc,kinney-,vento ,homeless ,assistance ,act1 as amended3 ,provided1 ,that ,continuum of ,care planning and ,unified ,funding ,agency awards expiring in calendar year #bjba 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 ,secretary3 ,provided further1 ,that the ,secretary shall publish a ,notice that identifies and lists all projects and awards eligible for such noncompetitive renewal1 prescribes the format and process by which the projects and awards from the list will be renewed1 makes adjustments to the renewal amount based on changes to the ,fair ,market ,rent1 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 ,availability4 #dbj4 ,of the amounts made available by this ,act for fiscal year #bjba 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 heading1 #fie1jjj1jjj is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 #dba4 ,in addition to funds provided to the ,payments to ,air ,carriers program in ,public ,law #aaf-id1 ,public ,law #aaf-acf1 and this ,act to carry out the essential air service program under section #dagca through #dagdb of title #di1 ,united ,states ,code1 #bc1ccb1jjj to be derived from the ,treasury1 and to be made available to the ,essential ,air ,service and ,rural ,improvement ,fund1 to prevent1 prepare for1 and respond to coronavirus1 including to offset the loss resulting from the coronavirus pandemic of the mandatory overflight fees collected pursuant to section #decja of title #di1 ,united ,states ,code3 ,provided1 ,that1 notwithstanding section #dagcc of title #di1 ,united ,states ,code1 for each of fiscal years #bjbj and #bjba1 the requirements established under subparagraphs 7,b7 and 7,c7 of section #dagca7;a77#a7 of title #di1 ,united ,states ,code1 and the subsidy cap established by section #ccb of the ,department of ,transportation and ,related ,agencies ,appropriations ,act1 #bjjj1 shall not apply to maintain eligibility under section #daghca of title #di1 ,united ,states ,code3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 #dbb4 ,section #dgaad7;c77#a7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7,j7 ,special rule for fiscal years #bjbb and #bjbc ,notwithstanding subparagraph 7,a7 and the absence of scheduled passenger aircraft service at an airport1 the ,secretary shall apportion in fiscal years #bjbb and #bjbc 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 amount3 7i7 ,calendar year #bjah4 7ii7 ,calendar year #bjai4 7iii7 ,the prior full calendar year prior to the current fiscal year4 4 #dbc4 ,notwithstanding section #dgabd7;d77#a77;,b7 of title #di1 ,united ,states ,code1 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 #bjbj and #bjba4 ,this division may be cited as the ,transportation1 ,housing and ,urban ,development1 and ,related ,agencies ,appropriations ,act1 #bjba4 ,m ,,coronavirus ,,response ,,and ,,relief ,,supplemental ,,appropriations ,,act1 #bjba ,i ,department of ,commerce ,national oceanic and atmospheric administration ,,fisheries ,,disaster ,,assistance ,for an additional amount for ,fisheries ,disaster ,assistance1 #cjj1jjj1jjj to remain available until ,september #cj1 #bjba1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 which shall only be for activities authorized under section #abjje of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf73 ,provided1 ,that the amount provided under this heading in this ,act shall only be allocated to ,states of the ,united ,states bordering the ,atlantic1 ,pacific1 or ,arctic ,ocean1 the ,gulf of ,mexico1 or the ,great ,lakes1 as well as ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 ,american ,samoa1 and federally recognized ,tribes in any of the ,nation's coastal ,states and territories1 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 territory3 ,provided further1 ,that each ,state and territory in the preceding proviso1 except those ,states only bordering the ,great ,lakes1 shall receive an amount equal to not less than #a percent of the amount provided under this heading in this ,act and not greater than1 from amounts provided under either section #abjje of ,public ,law #aaf-acf or amounts provided under this heading in this ,act1 that ,state or territory's total annual average revenue from commercial fishing operations1 aquaculture firms1 the seafood supply chain1 and charter fishing businesses3 ,provided further1 ,that of the funds provided under this heading in this ,act1 #cj1jjj1jjj shall be for coronavirus related fishing impacts for ,tribal fishery participants referenced in the first proviso3 ,provided further1 ,that the ,national ,oceanic and ,atmospheric ,administration1 in consultation with ,tribes referenced in the first proviso1 shall develop an application and distribution process to disburse funds to all eligible impacted ,tribes in a manner that takes into account economic1 subsistence1 and ceremonial impacts to ,tribes and that ensures timely distribution of funds3 ,provided further1 ,that of the funds provided under this heading in this ,act1 #ae1jjj1jjj shall be for all coronavirus related fishing impacts to non-tribal commercial1 aquaculture1 processor1 and charter fishery participants in ,states of the ,united ,states bordering the ,great ,lakes3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,ii ,department of ,homeland ,security ,,protection1 ,,preparedness1 ,,response1 ,,and ,,recovery ,federal ,emergency ,management ,agency ,disaster ,relief ,fund ,for an additional amount for ,federal ,emergency ,management ,agency--,disaster ,relief ,fund1 #b1jjj1jjj1jjj1 to remain available until expended1 to carry out the purposes of section #bja of this title3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,general ,provisions #bja4 7a7 ,for the emergency declaration issued by the ,president on ,march #ac1 #bjbj1 pursuant to section #eja7;b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia7;b771 and for any subsequent major disaster declaration under section #dja of such ,act 7#db ,u4,s4,c4 #eagj7 that supersedes such emergency declaration1 the ,president shall provide financial assistance to an individual or household to meet disaster-related funeral expenses under section #djh7;e77#a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagd7;e77#a771 for such expenses incurred through ,december #ca1 #bjbj1 for which the ,federal cost share shall be #ajj percent4 7b7 ,nothing in this section shall be construed to otherwise limit the authorities of the ,president under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq474 ,,iii ,department of ,health and ,human ,services ,food and ,drug ,administration ,salaries and ,expenses ,for an additional amount for ,salaries and ,expenses1 #ee1jjj1jjj1 to remain available until expended1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 of which #i1jjj1jjj shall be for the development of necessary medical countermeasures and vaccines1 #cj1ejj1jjj shall be for advanced manufacturing for medical products1 #a1ejj1jjj shall be for the monitoring of medical product supply chains1 #g1fjj1jjj shall be for other public health research and response investments1 #a1djj1jjj shall be for data management operation tools1 and #e1jjj1jjj shall be for after action review activities3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,centers for ,disease ,control and ,prevention ,,cdc-,wide ,activities and ,program ,support 7,including ,transfer of ,funds7 ,for an additional amount for ,,cdc-,wide ,activities and ,program ,support1 #h1gej1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally3 ,provided1 ,that amounts appropriated under this heading in this ,act shall be for activities to plan1 prepare for1 promote1 distribute1 administer1 monitor1 and track coronavirus vaccines to ensure broad-based distribution1 access1 and vaccine coverage3 ,provided further1 ,that of the amount appropriated under this heading in this ,act1 not less than #d1ejj1jjj1jjj shall be for ,states1 localities1 territories1 tribes1 tribal organizations1 urban ,indian health organizations1 or health service providers to tribes3 ,provided further1 ,that of the amount in the preceding proviso1 #baj1jjj1jjj1 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 ,act3 ,provided further1 ,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-time1 non-recurring basis1 is not part of the amount required by #be ,u4,s4,c4 #ecbe1 and may only be used for the purposes identified under this heading in this ,act1 notwithstanding any other provision of law3 ,provided further1 ,that the amounts identified in the second proviso under this heading in this ,act1 except for the amounts transferred pursuant to the third proviso under this heading in this ,act1 shall be allocated to ,states1 localities1 and territories according to the formula that applied to the ,public ,health ,emergency ,preparedness cooperative agreement in fiscal year #bjbj3 ,provided further1 ,that of the amounts identified in the second proviso under this heading in this ,act1 except for the amounts transferred pursuant to the third proviso under this heading in this ,act1 not less than #a1jjj1jjj1jjj shall be made available within #ba days of the date of enactment of this ,act3 ,provided further1 ,that of the amounts identified in the second proviso under this heading in this ,act1 except for the amounts transferred pursuant to the third proviso under this heading in this ,act1 not less than #cjj1jjj1jjj shall be for high-risk and underserved populations1 including racial and ethnic minority populations and rural communities3 ,provided further1 ,that the ,director of the ,centers for ,disease ,control and ,prevention 7,,cdc7 may satisfy the funding thresholds outlined in the second1 fifth1 sixth1 and seventh provisos by making awards through other grant or cooperative agreement mechanisms3 ,provided further1 ,that amounts appropriated under this heading in this ,act may be used to restore1 either directly or through reimbursement1 obligations incurred for coronavirus vaccine promotion1 preparedness1 tracking1 and distribution prior to the enactment of this ,act3 ,provided further1 ,that the ,director of the ,,cdc shall provide an updated and comprehensive coronavirus vaccine distribution strategy and a spend plan1 to include funds already allocated for distribution1 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 ,health1 ,education1 ,labor1 and ,pensions of the ,senate within #cj days of enactment of this ,act3 ,provided further1 ,that such strategy and plan shall include how existing infrastructure will be leveraged1 enhancements or new infrastructure that may be built1 considerations for moving and storing vaccines1 guidance for how ,states1 localities1 territories1 tribes1 tribal organizations1 urban ,indian health organizations1 or health service providers to tribes1 and health care providers should prepare for1 store1 and administer vaccines1 nationwide vaccination targets1 funding that will be distributed to ,states1 localities1 and territories1 how an informational campaign to inform both the public and health care providers will be executed1 and how the strategy and plan will focus efforts on high-risk and underserved populations1 including racial and ethnic minority populations3 ,provided further1 ,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 ,health1 ,education1 ,labor1 and ,pensions of the ,senate every #ij days through the end of the fiscal year3 ,provided further1 ,that amounts appropriated under this heading in this ,act may be used for grants for the construction1 alteration1 or renovation of non-,federally owned facilities to improve preparedness and response capability at the ,state and local level3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,national ,institutes of ,health ,office of the ,director 7,including ,transfer of ,funds7 ,for an additional amount for ,office of the ,director1 #a1bej1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally3 ,provided1 ,that of the amount appropriated under this heading in this ,act1 #a1aej1jjj1jjj shall be provided for research and clinical trials related to long-term studies of ,,covid-#ai3 ,provided further1 ,that of the amount appropriated under this heading in this ,act1 no less than #ajj1jjj1jjj shall be for the ,rapid ,acceleration of ,diagnostics3 ,provided further1 ,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 7,,nih73 ,provided further1 ,that this transfer authority is in addition to any other transfer authority available to the ,,nih3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,substance ,abuse and ,mental ,health ,services ,administration ,health ,surveillance and ,program ,support ,for an additional amount for ,heath ,surveillance and ,program ,support1 #d1bej1jjj1jjj1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally3 ,provided1 ,that of the amount appropriated under this heading in this ,act1 #a1fej1jjj1jjj 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 7,,phs ,act73 ,provided further1 ,that of the amount appropriated under this heading in this ,act1 #a1fej1jjj1jjj 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 ,act3 ,provided further1 ,that of the amount appropriated in the preceding proviso1 the ,assistant ,secretary is directed to provide no less than #ej percent of funds directly to facilities defined in section #aiac7;c7 of the ,,phs ,act3 ,provided further1 ,that of the amount appropriated under this heading in this ,act1 not less than #fjj1jjj1jjj is available for the ,certified ,community ,behavioral ,health ,clinic ,expansion ,grant program3 ,provided further1 ,that of the amount appropriated under this heading in this ,act1 not less than #ej1jjj1jjj shall be available for suicide prevention programs3 ,provided further1 ,that of the amount appropriated under this heading in this ,act1 #ej1jjj1jjj shall be for activities and services under ,project ,,aware3 ,provided further1 ,that of the amount appropriated under this heading in this ,act1 not less than #bdj1jjj1jjj is available for activities authorized under section #eja7o7 of the ,,phs ,act3 ,provided further1 ,that the ,assistant ,secretary may prioritize amounts appropriated in the preceding proviso to eligible states that did not receive amounts made available for such purpose under the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf73 ,provided further1 ,that of the amount appropriated under this heading in this ,act1 #aj1jjj1jjj shall be for the ,national ,child ,traumatic ,stress ,network3 ,provided further1 ,that from within the amount appropriated under this heading in this ,act in the previous provisos1 a total of not less than #abe1jjj1jjj shall be allocated to tribes1 tribal organizations1 urban ,indian health organizations1 or health or behavioral health service providers to tribes3 ,provided further1 ,that with respect to the amount appropriated under this heading in this ,act the ,substance ,abuse and ,mental ,health ,services ,administration shall maintain the #bj percent set-aside for prevention1 but may waive requirements with respect to allowable activities1 timelines1 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 coronavirus3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,administration for ,children and ,families ,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 ,grant1 #aj1jjj1jjj1jjj to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally which shall be used to supplement1 not supplant ,state1 ,territory1 and ,tribal general revenue funds for child care assistance for low-income families within the ,united ,states 7including territories7 without regard to requirements in sections #feh;,e7c77#c77;,d7-7,e71 or #feh;,g of the ,child ,care and ,development ,block ,grant ,act 7,,ccdbg ,act73 ,provided1 ,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 coronavirus1 and to assure they are able to remain open or reopen as appropriate and applicable1 including for fixed costs and increased operating expenses3 ,provided further1 ,that ,states1 ,territories1 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 staff3 ,provided further1 ,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-#ai public health emergency1 and shall publicize widely the availability of1 and provide technical assistance to help providers apply for1 funding available for such purposes1 including among center-based child care providers1 family child care providers1 and group home child care providers3 ,provided further1 ,that lead agencies are encouraged to implement enrollment and eligibility policies that support the fixed 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-#ai public health emergency3 ,provided further1 ,that the ,secretary shall remind ,states that ,child ,care and ,development ,block ,grant 7,,ccdbg7 ,state plans do not need to be amended prior to utilizing existing authorities in the ,,ccdbg ,act for the purposes provided herein3 ,provided further1 ,that ,states1 ,territories1 and ,tribes are authorized to use funds appropriated under this heading in this ,act to provide child care assistance to health care sector employees1 emergency responders1 sanitation workers1 farmworkers1 and other workers deemed essential during the response to coronavirus by public officials1 without regard to the income eligibility requirements of section #feh,p7#d7 of such ,act3 ,provided further1 ,that ,states1 ,territories1 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 #feh,p7#f7 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 #cai1 for the purposes of cleaning and sanitation1 and other activities necessary to maintain or resume the operation of programs1 including for fixed costs and increased operating expenses3 ,provided further1 ,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-#ai3 ,provided further1 ,that funds appropriated under this heading in this ,act may be made available to restore amounts1 either directly or through reimbursement1 for obligations incurred to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 prior to the date of enactment of this ,act3 ,provided further1 ,that the ,secretary may reserve not more than #ae1jjj1jjj for ,federal administrative expenses1 which shall remain available through ,september #cj1 #bjbd3 ,provided further1 ,that no later than #fj days after the date of enactment of this ,act1 each ,state1 ,territory1 and ,tribe that receives funding under this heading in this ,act shall submit to the ,secretary a report1 in such manner as the ,secretary may require1 describing how the funds appropriated under this heading in this ,act will be spent and that no later than #ij days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 the ,committee on ,education and ,labor of the ,house of ,representatives1 and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report summarizing such reports from the ,states1 ,territories1 and ,tribes3 ,provided further1 ,that1 no later than ,october #ca1 #bjbb1 each ,state1 ,territory1 and ,tribe that receives funding under this heading in this ,act shall submit to the ,secretary a report1 in such manner as the ,secretary may require1 describing how the funds appropriated under this heading in this ,act were spent and that no later than #fj days after receiving such reports from the ,states1 ,territories1 and ,tribes1 the ,secretary shall submit to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 the ,committee on ,education and ,labor of the ,house of ,representatives1 and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report summarizing such reports from the ,states1 ,territories1 and ,tribes3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,children and ,families ,services ,program ,for an additional amount for ,children and ,families ,services ,programs1 #bej1jjj1jjj1 to prevent1 prepare for1 and respond to coronavirus1 for making payments under the ,head ,start ,act1 including for ,federal administrative expenses1 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 agencies3 ,provided1 ,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 years1 as such term is defined in sections #fdj7;a77#g77;,a71 #fda;,a7h77#a77;,b71 or #fde7;d77#c7 of the ,head ,start ,act3 ,provided further1 ,that funds made available under this heading in this ,act are not subject to the allocation requirements of section #fdj7;a7 of the ,head ,start ,act3 ,provided further1 ,that such funds may be available to restore amounts1 either directly or through reimbursement1 for obligations incurred to prevent1 prepare for1 and respond to coronavirus1 prior to the date of enactment of this ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,administration for ,community ,living ,aging and ,disability ,services ,programs ,for an additional amount for ,aging and ,disability ,services ,programs1 #ajj1jjj1jjj1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 which shall be for activities authorized under ,subtitle ,b of ,title ,,xx of the ,social ,security ,act1 of which not less than #ej1jjj1jjj shall be for implementation of ,section #bjdb7;b7 of the ,social ,security ,act3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,office of the ,secretary ,public ,health and ,social ,services ,emergency ,fund 7,including ,transfer of ,funds7 ,for an additional amount for ,public ,health and ,social ,services ,emergency ,fund1 #bb1ide1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 including the development of necessary countermeasures and vaccines1 prioritizing platform-based technologies with ,u4,s4-based manufacturing capabilities1 the purchase of vaccines1 therapeutics1 diagnostics1 necessary medical supplies1 as well as medical surge capacity1 and other preparedness and response activities3 ,provided1 ,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 capabilities3 ,provided further1 ,that the ,secretary of ,health and ,human ,services 7referred to under this heading as ,secretary7 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 need3 ,provided further1 ,that the ,secretary may take into account geographical areas with a high percentage of cross-jurisdictional workers when determining allocations of vaccine doses3 ,provided further1 ,that products purchased by the ,federal government with funds made available under this paragraph in this ,act1 including vaccines1 therapeutics1 and diagnostics1 shall be purchased in accordance with ,federal ,acquisition ,regulation guidance on fair and reasonable pricing3 ,provided further1 ,that the ,secretary may take such measures authorized under current law to ensure that vaccines1 therapeutics1 and diagnostics developed from funds provided in this ,act will be affordable in the commercial market3 ,provided further1 ,that in carrying out the preceding proviso1 the ,secretary shall not take actions that delay the development of such products3 ,provided further1 ,that products purchased with funds appropriated under this paragraph in this ,act may1 at the discretion of the ,secretary of ,health and ,human ,services1 be deposited in the ,strategic ,national ,stockpile under section #cai;,f-#b of the ,public ,health ,service ,act3 ,provided further1 ,that of the amount appropriated under this paragraph in this ,act1 not more than #c1bej1jjj1jjj shall be for the ,strategic ,national ,stockpile under section #cai;,f-#b7;a7 of such ,act3 ,provided further1 ,that funds appropriated under this paragraph in this ,act may be transferred to1 and merged with1 the fund authorized by section #cai;,f-#d1 the ,covered ,countermeasure ,process ,fund1 of the ,public ,health ,service ,act3 ,provided further1 ,that of the amount appropriated under this paragraph in this ,act1 #ai1fie1jjj1jjj shall be available to the ,biomedical ,advanced ,research and ,development ,authority for necessary expenses of manufacturing1 production1 and purchase1 at the discretion of the ,secretary1 of vaccines1 therapeutics1 and ancillary supplies necessary for the administration of such vaccines and therapeutics3 ,provided further1 ,that funds in the preceding proviso may be used for the construction or renovation of ,u4,s4-based next generation manufacturing facilities1 other than facilities owned by the ,united ,states ,government3 ,provided further1 ,that the ,secretary shall notify the ,committees on ,appropriations of the ,house of ,representatives and the ,senate #b days in advance of any obligation in excess of #ej1jjj1jjj1 including but not limited to contracts and interagency agreements1 from funds provided in this paragraph in this ,act3 ,provided further1 ,that amounts appropriated under this paragraph in this ,act may be used to restore1 either directly or through reimbursement1 obligations incurred for coronavirus vaccines and therapeutics planning1 development1 preparation1 and purchase prior to the enactment of this ,act3 ,provided further1 ,that funds appropriated under this paragraph in this ,act may be used for the construction1 alteration1 or renovation of non-federally owned facilities for the production of vaccines1 therapeutics1 diagnostics1 and ancillary medical supplies where the ,secretary determines that such a contract is necessary to secure sufficient amounts of such supplies3 ,provided further1 ,that not later than #cj days after enactment of this ,act1 and every #cj days thereafter until funds are expended1 the ,secretary shall report to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate on uses of funding for ,operation ,warp ,speed1 detailing current obligations by ,department or ,agency1 or component thereof broken out by the coronavirus supplemental appropriations ,act that provided the source of funds3 ,provided further1 ,that the plan outlined in the preceding proviso shall include funding by contract1 grant1 or other transaction in excess of #bj1jjj1jjj with a notation of which ,department or ,agency1 and component thereof is managing the contract3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,for an additional amount for ,public ,health and ,social ,services ,emergency ,fund1 #bb1djj1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 which shall be for necessary expenses for testing1 contact tracing1 surveillance1 containment1 and mitigation to monitor and suppress ,,covid-#ai1 including tests for both active infection and prior exposure1 including molecular1 antigen1 and serological tests1 the manufacturing1 procurement and distribution of tests1 testing equipment and testing supplies1 including personal protective equipment needed for administering tests1 the development and validation of rapid1 molecular point-of-care tests1 and other tests1 support for workforce1 epidemiology1 to scale up academic1 commercial1 public health1 and hospital laboratories1 to conduct surveillance and contact tracing1 support development of ,,covid-#ai testing plans1 and other related activities related to ,,covid-#ai testing and mitigation3 ,provided1 ,that amounts appropriated under this paragraph in this ,act shall be for ,states1 localities1 territories1 tribes1 tribal organizations1 urban ,indian health organizations1 or health service providers to tribes for necessary expenses for testing1 contact tracing1 surveillance1 containment1 and mitigation1 including support for workforce1 epidemiology1 use by employers1 elementary and secondary schools1 child care facilities1 institutions of higher education1 long-term care facilities1 or in other settings1 scale up of testing by public health1 academic1 commercial1 and hospital laboratories1 and community-based testing sites1 mobile testing units1 health care facilities1 and other entities engaged in ,,covid-#ai testing1 and other related activities related to ,,covid-#ai testing1 contact tracing1 surveillance1 containment1 and mitigation which may include interstate compacts or other mutual aid agreements for such purposes3 ,provided further1 ,that amounts appropriated under this paragraph in this ,act shall be made available within #ba days of the date of enactment of this ,act3 ,provided further1 ,that of the amount appropriated under this paragraph in this ,act1 #gij1jjj1jjj1 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 ,act3 ,provided further1 ,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-time1 non-recurring basis1 is not part of the amount required by #be ,u4,s4,c4 #ecbe1 and may only be used for the purposes identified under this paragraph in this ,act1 notwithstanding any other provision of law3 ,provided further1 ,that amounts appropriated under this paragraph in this ,act1 except for the amounts transferred pursuant to the third proviso under this paragraph in this ,act1 shall be allocated to ,states1 localities1 and territories according to the formula that applied to the ,public ,health ,emergency ,preparedness cooperative agreement in fiscal year #bjbj3 ,provided further1 ,that of the amount appropriated under this paragraph in this ,act1 except for the amounts transferred pursuant to the third proviso under this paragraph in this ,act1 not less than #b1ejj1jjj1jjj1 shall be for strategies for improving testing capabilities and other purposes described in this paragraph in high-risk and underserved populations1 including racial and ethnic minority populations and rural communities1 as well as developing or identifying best practices for ,states and public health officials to use for contact tracing in high-risk and underserved populations1 including racial and ethnic minority populations and rural communities and shall not be allocated pursuant to the formula in the preceding proviso3 ,provided further1 ,that the second proviso under this paragraph in this ,act1 shall not apply to amounts in the preceding proviso3 ,provided further1 ,that the ,secretary of ,health and ,human ,services 7referred to in this paragraph as the ,secretary7 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 mechanisms3 ,provided further1 ,that the ,governor or designee of each ,state1 locality1 territory1 tribe1 or tribal organization receiving funds pursuant to this paragraph in this ,act shall update their plans1 as applicable1 for ,,covid-#ai testing and contact tracing submitted to the ,secretary pursuant to the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci7 and submit such updates to the ,secretary not later than #fj days after funds appropriated in this paragraph in this ,act have been awarded to such recipient3 ,provided further1 ,that not later than #fj days after enactment of this ,act1 and every quarter thereafter until funds are expended1 the ,governor or designee of each ,state1 locality1 territory1 tribe1 or tribal organization receiving funds shall report to the ,secretary on uses of funding1 detailing current commitments and obligations broken out by the coronavirus supplemental appropriations ,act that provided the source of funds3 ,provided further1 ,that not later than #ae days after receipt of such reports1 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 ,health1 ,education1 ,labor1 and ,pensions of the ,senate on ,states' commitments and obligations of funding3 ,provided further1 ,that the ,secretary shall make publicly available the plans submitted by the ,governor or designee of each ,state1 locality1 territory1 tribe1 or tribal organization and the report on use of funds provided under this paragraph3 ,provided further1 ,that funds an entity receives from amounts described in the first proviso in this paragraph may also be used for the rent1 lease1 purchase1 acquisition1 construction1 alteration1 renovation1 or equipping of non-federally owned facilities to improve coronavirus preparedness and response capability at the ,state and local level3 ,provided further1 ,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 proviso1 summarized by ,state1 not later than #cj days after the date of enactment of this ,act1 and every #fj days thereafter until funds are expired3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,for an additional amount for ,public ,health and ,social ,services ,emergency ,fund1 #c1jjj1jjj1jjj1 to remain available until expended1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 which shall be for necessary expenses to reimburse1 through grants or other mechanisms1 eligible health care providers for health care related expenses or lost revenues that are attributable to coronavirus3 ,provided1 ,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 reimburse3 ,provided further1 ,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 payments1 and such reports and documentation shall be in such form1 with such content1 and in such time as the ,secretary may prescribe for such purpose3 ,provided further1 ,that eligible health care providers means public entities1 ,medicare or ,medicaid enrolled suppliers and providers1 and such for-profit entities and not-for-profit entities not otherwise described in this proviso as the ,secretary may specify1 within the ,united ,states 7including territories71 that provide diagnoses1 testing1 or care for individuals with possible or actual cases of ,,covid-#ai3 ,provided further1 ,that the ,secretary shall1 on a rolling basis1 review applications and make payments under this paragraph in this ,act3 ,provided further1 ,that funds appropriated under this paragraph in this ,act shall be available for building or construction of temporary structures1 leasing of properties1 medical supplies and equipment including personal protective equipment and testing supplies1 increased workforce and trainings1 emergency operation centers1 retrofitting facilities1 and surge capacity3 ,provided further1 ,that1 in this paragraph1 the term 8payment0 means a pre-payment1 prospective payment1 or retrospective payment1 as determined appropriate by the ,secretary3 ,provided further1 ,that payments under this paragraph shall be made in consideration of the most efficient payment systems practicable to provide emergency payment3 ,provided further1 ,that to be eligible for a payment under this paragraph in this ,act1 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 number3 ,provided further1 ,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 organization1 the parent organization may1 allocate 7through transfers or otherwise7 all or any portion of such reimbursement among the subsidiary eligible health care providers of the parent organization1 including reimbursements referred to by the ,secretary as ,targeted ,distribution payments1 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 reimbursement3 ,provided further1 ,that1 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 7including reimbursements made before the date of the enactment of this ,act71 such provider may calculate such lost revenues using the ,frequently ,asked ,questions guidance released by the ,department of ,health and ,human ,services in ,june #bjbj1 including the difference between such provider's budgeted and actual revenue budget if such budget had been established and approved prior to ,march #bg1 #bjbj3 ,provided further1 ,that of the amount made available in the third paragraph under this heading in ,public ,law #aaf-acf1 not less than #he percent of 7i7 the unobligated balances available as of the date of enactment of this ,act1 and 7ii7 any funds recovered from health care providers after the date of enactment of this ,act1 shall be for any successor to the ,phase #c ,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 #bjbj1 or the first quarter of calendar year #bjba1 that are attributable to coronavirus3 ,provided further1 ,that1 not later than #c years after final payments are made under this paragraph1 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 ,senate3 ,provided further1 ,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 date3 ,provided further1 ,that not later than #fj days after the date of enactment of this ,act1 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 funds1 including obligations to such eligible health care providers1 summarized by ,state of the payment receipt3 ,provided further1 ,that such reports shall be updated and submitted to such ,committees every #fj days until funds are expended3 ,provided further1 ,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 #aihe are designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,general ,provisions--,department of ,health and ,human ,services #cja4 ,funds appropriated by this title may be used by the ,secretary of the ,department of ,health and ,human ,services to appoint1 without regard to the provisions of sections #ccji through #ccai of title #e of the ,united ,states ,code1 candidates needed for positions to perform critical work relating to coronavirus for which-- 7#a7 public notice has been given2 and 7#b7 the ,secretary of ,health and ,human ,services has determined that such a public health threat exists4 #cjb4 ,funds appropriated by this title may be used to enter into contracts with individuals for the provision of personal services 7as described in section #ajd of part #cg of title #dh1 ,code of ,federal ,regulations 7#dh ,,cfr #cg4ajd77 to support the prevention of1 preparation for1 or response to coronavirus1 domestically and internationally1 subject to prior notification to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate3 ,provided1 ,that such individuals may not be deemed employees of the ,united ,states for the purpose of any law administered by the ,office of ,personnel ,management3 ,provided further1 ,that the authority made available pursuant to this section shall expire on ,september #cj1 #bjbd4 #cjc4 7a7 ,if services performed by an employee during #bjbj and #bjba are determined by the head of the agency to be primarily related to preparation1 prevention1 or response to coronavirus1 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 #eedg7;a7 of title #e1 ,united ,states ,code1 or under any other provision of law1 whether such employees pay is paid on a biweekly or calendar year basis4 7b7 ,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 year4 7c7 ,with regard to such services1 any pay that is disregarded under either subsection 7a7 or 7b7 shall be disregarded in calculating such employee's aggregate pay for purposes of the limitation in section #ecjg of such title #e4 7d7 7#a7 ,pay that is disregarded under subsection 7a7 or 7b7 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 #ecac of title #e1 ,united ,states ,code1 as in effect at the end of such calendar year4 7#b7 ,for purposes of applying this subsection to an employee who would otherwise be subject to the premium pay limits established under section #eedg of title #e1 ,united ,states ,code1 premium pay means the premium pay paid under the provisions of law cited in section #eedg7;a74 7#c7 ,for purposes of applying this subsection to an employee under a premium pay limit established under an authority other than section #eedg of title #e1 ,united ,states ,code1 the agency responsible for administering such limit shall determine what payments are considered premium pay4 7e7 ,this section shall take effect as if enacted on ,february #b1 #bjbj4 7f7 ,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 purpose1 that additional pay shall not-- 7#a7 be considered to be basic pay of the covered employee for any purpose2 or 7#b7 be used in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section #eeea or section #eeeb of title #e1 ,united ,states ,code4 #cjd4 ,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 ,fund1 may be transferred to1 and merged with1 other appropriation accounts under the headings ,centers for ,disease ,control and ,prevention1 ,national ,institutes of ,health1 ,substance ,abuse and ,mental ,health ,services1 ,administration for ,children and ,families1 and ,public ,health and ,social ,services ,emergency ,fund1 to prevent1 prepare for1 and respond to coronavirus following consultation with the ,office of ,management and ,budget3 ,provided further1 ,that the ,committees on ,appropriations of the ,house of ,representatives and the ,senate shall be notified #aj days in advance of any such transfer3 ,provided further1 ,that1 upon a determination that all or part of the funds transferred from an appropriation by this title are not necessary1 such amounts may be transferred back to that appropriation3 ,provided further1 ,that none of the funds made available by this title may be transferred pursuant to the authority in section #bje of division ,a of ,public ,law #aaf-id or section #bda7;a7 of the ,,phs ,act4 #cje4 ,of the funds appropriated by this title under the heading ,public ,health and ,social ,services ,emergency ,fund1 up to #b1jjj1jjj shall be transferred to the ,office of the ,secretary1 ,office of ,inspector ,general1 and shall remain available until expended1 for oversight of activities supported with funds appropriated to the ,department of ,health and ,human ,services to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally3 ,provided1 ,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 funds3 ,provided further1 ,that the transfer authority provided by this section is in addition to any other transfer authority provided by law4 #cjf4 ,section #fge;b7b77#c7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijf7;b77#c77 shall not apply with respect to funds appropriated by the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf7 to carry out the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iija et seq473 ,provided1 ,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 #aihe are designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 #cjg4 ,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 under such title of such ,act from amounts provided for fiscal year #bjbj and fiscal year #bjba under the heading ,department of ,health and ,human ,services--,health ,resources and ,services ,administration1 including amounts made available under such heading by transfer3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,department of ,education ,education ,stabilization ,fund ,for an additional amount for ,education ,stabilization ,fund1 #ha1hhj1jjj1jjj1 to remain available through ,september #cj1 #bjbb1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,general ,provisions--,department of ,education ,education ,stabilization ,fund #caa4 7a7 ,allocations ,from the amount made available under this heading in this ,act to carry out the ,education ,stabilization ,fund1 the ,secretary shall first allocate-- 7#a7 one-half of #a percent to the outlying areas for supplemental awards to be allocated not more than #cj calendar days from the date of enactment of this ,act on the basis of the terms and conditions for funding provided under section #ahjja7;a77#a7 of the ,coronavirus ,aid1 ,relief1 and ,economic ,security 7,,cares7 ,act 7,public ,law #aaf-acf72 and 7#b7 one-half of #a percent for a supplemental award to be allocated to the ,secretary of ,interior not more than #cj calendar days from enactment of this ,act for programs operated or funded by the ,bureau of ,indian ,education 7,,bie7 under the terms and conditions established for funding provided under section #ahjja7;a77#b7 of the ,,cares ,act 7,public ,law #aaf-acf71 for ,,bie-operated and funded elementary and secondary schools and ,tribal ,colleges and ,universities1 except that funding shall be allocated as follows3 7,a7 #fj percent for ,bureau-funded schools1 as defined in #be ,u4,s4,c4 #bjba1 provided that such schools may not be required to submit a spending plan before receipt of funding4 7,b7 #dj percent for ,tribal ,colleges and ,universities1 which shall be distributed according to the formula in section #caf7;d77#c7 of the ,higher ,education ,act of #aife 7,,hea74 7b7 ,reservations ,after carrying out subsection 7a71 the ,secretary shall reserve the remaining funds made available as follows3 7#a7 #e percent to carry out section #cab of this title4 7#b7 #fg percent to carry out section #cac of this title4 7#c7 #bh percent to carry out section #cad of this title4 ,governor's ,emergency ,education ,relief ,fund #cab4 7a7 ,program ,authorized 7#a7 ,from funds reserved under section #caa7;b77#a7 of this title and not reserved under paragraph 7#b71 the ,secretary shall make supplemental ,emergency ,education ,relief grants to the ,governor of each ,state with an approved application under section #ahjjb of division ,b of the ,,cares ,act 7,public ,law #aaf-acf74 ,the ,secretary shall award funds under this section to the ,governor of each ,state with an approved application within #cj calendar days of the date of enactment of this ,act4 7#b7 ,reservation ,from funds made available under section #caa7;b77#a7 of this title1 the ,secretary shall reserve #b1gej1jjj1jjj of such funds to provide ,emergency ,assistance to ,non-,public ,schools grants1 in accordance with subsection 7d71 to the ,governor of each ,state with an approved application under subsection 7d77#b74 7b7 ,allocations ,the amount of each grant under subsection 7a77#a7 shall be allocated by the ,secretary to each ,state as follows3 7#a7 #fj percent on the basis of their relative population of individuals aged #e through #bd4 7#b7 #dj percent on the basis of their relative number of children counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7,,esea74 7c7 ,uses of ,funds ,grant funds awarded under subsection 7a77#a7 may be used to-- 7#a7 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 agency2 7#b7 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 institution2 and 7#c7 provide support to any other institution of higher education1 local educational agency1 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 #cac7;d77#a7 of this title or the ,,hea2 the provision of child care and early childhood education1 social and emotional support2 and the protection of education-related jobs4 7d7 ,emergency ,assistance to ,non-,public ,schools 7#a7 ,program ,authorized 7,a7 ,in ,general ,with funds reserved under subsection 7a77#b71 the ,secretary shall allot the amount described in subparagraph 7,b7 to the ,governor of each ,state with an approved application under paragraph 7#b7 in order to provide services or assistance to non-public schools under this subsection4 ,the ,governor shall designate the ,state educational agency to administer the program authorized under this subsection4 7,b7 ,amount of ,allotment ,an allotment for a ,state under subparagraph 7,a7 shall be in the amount that bears the same relationship to the total amount of the funds reserved under subsection 7a77#b7 as the number of children aged #e through #ag at or below #ahe percent of poverty who are enrolled in non-public schools in the ,state 7as determined by the ,secretary on the basis of the best available data7 bears to the total number of all such children in all ,states4 7#b7 ,applications from ,states 7,a7 ,application ,request and ,review ,the ,secretary shall-- 7i7 issue a notice inviting applications for funds reserved under subsection 7a77#b7 not later than #cj days after the date of enactment of this ,act2 and 7ii7 approve or deny an application not later than #ae days after the receipt of the application4 7,b7 ,assurance ,the ,governor of each ,state1 in consultation with their respective ,state educational agency1 shall include in the application submitted under this paragraph an assurance that the ,state educational agency will-- 7i7 distribute information about the program to non-public schools and make the information and the application easily available2 7ii7 process all applications submitted promptly1 in accordance with subparagraph 7#c77;,a77ii72 7iii7 in providing services or assistance to non-public schools1 ensure that services or assistance is provided to any non-public school that-- 7,i7 is a non-public school described in paragraph 7#c77;,c72 7,,ii7 submits an application that meets the requirements of paragraph 7#c77;,b72 and 7,,iii7 requests services or assistance allowable under paragraph 7#d72 7iv7 to the extent practicable1 obligate all funds provided under subsection 7a77#b7 for services or assistance to non-public schools in the ,state in an expedited and timely manner2 and 7v7 obligate funds to provide services or assistance to non-public schools in the ,state not later than #f months after receiving such funds under subsection 7a77#b74 7#c7 ,applications for ,services or ,assistance 7,a7 ,application ,request and ,review ,a ,state educational agency receiving funds from the ,governor under this subsection shall-- 7i7 make the application for services or assistance described in subparagraph 7,b7 available to non-public schools by not later than #cj days after the receipt of such funds2 and 7ii7 approve or deny an application not later than #cj days after the receipt of the application4 7,b7 ,application ,requirements ,each non-public school desiring services or assistance under this subsection shall submit an application to the ,state educational agency at such time1 in such manner1 and accompanied by such information as the ,state educational agency may reasonably require to ensure expedited and timely provision of services or assistance to the non-public school1 which shall include-- 7i7 the number and percentage of students from low-income families enrolled by such non-public school in the #bjai-bjbj school year2 7ii7 a description of the emergency services authorized under paragraph 7#d7 that such non-public school requests to be provided by the ,state educational agency2 and 7iii7 whether the non-public school requesting services or assistance under this subsection received a loan guaranteed under paragraph 7#cf7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 that was made before the date of enactment of this ,act and the amount of any such loan received4 7,c7 ,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 emergency4 7#d7 ,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-- 7,a7 supplies to sanitize1 disinfect1 and clean school facilities2 7,b7 personal protective equipment2 7,c7 improving ventilation systems1 including windows or portable air purification systems to ensure healthy air in the non-public school2 7,d7 training and professional development for staff on sanitation1 the use of personal protective equipment1 and minimizing the spread of infectious diseases2 7,e7 physical barriers to facilitate social distancing2 7,f7 other materials1 supplies1 or equipment to implement public health protocols1 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 students1 educators1 and other staff during the qualifying emergency2 7,g7 expanding capacity to administer coronavirus testing to effectively monitor and suppress coronavirus1 to conduct surveillance and contact tracing activities1 and to support other activities related to coronavirus testing for students1 teachers1 and staff at the non-public school2 7,h7 educational technology 7including hardware1 software1 connectivity1 assistive technology1 and adaptive equipment7 to assist students1 educators1 and other staff with remote or hybrid learning2 7,i7 redeveloping instructional plans1 including curriculum development1 for remote learning1 hybrid learning1 or to address learning loss2 7,j7 leasing of sites or spaces to ensure safe social distancing to implement public health protocols1 including guidelines and recommendations from the ,centers for ,disease ,control and ,prevention2 7,k7 reasonable transportation costs2 7,l7 initiating and maintaining education and support services or assistance for remote learning1 hybrid learning1 or to address learning loss2 or 7,m7 reimbursement for the expenses of any services or assistance described in this paragraph 7except for subparagraphs 7,c7 7except that portable air purification systems shall be an allowable reimbursable expense71 7,d71 7,i71 and 7,l77 that the non-public school incurred on or after the date of the qualifying emergency1 except that any non-public school that has received a loan guaranteed under paragraph 7#cf7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 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 loan4 7#e7 ,administration ,a ,state educational agency receiving funds under this subsection may reserve not more than the greater of #bjj1jjj or one-half of #a percent of such funds to administer the services and assistance provided under this subsection to non-public schools4 7#f7 ,reallocation ,notwithstanding paragraph 7#a77;,a71 each ,state educational agency receiving funds under this subsection that complies with paragraph 7#b7 but has unobligated funds remaining #f months after receiving funds under this subsection shall return such remaining unobligated funds to the ,governor1 to use for any use authorized under subsection 7c74 7#g7 ,public control of funds 7,a7 ,in general ,the control of funds for the services or assistance provided to a non-public school under this subsection1 and title to materials1 equipment1 and property purchased with such funds1 shall be in a public agency1 and a public agency shall administer such funds1 services1 assistance1 materials1 equipment1 and property4 7,b7 ,provision of ,services or ,assistance 7i7 ,provider ,the provision of services or assistance to a non-public school under this subsection shall be provided-- 7,i7 by employees of a public agency2 or 7,,ii7 through contract by such public agency with an individual1 association1 agency1 or organization4 7ii7 ,requirement ,in the provision of services or assistance described in clause 7i71 such employee1 individual1 association1 agency1 or organization shall be independent of the non-public school receiving such services or assistance1 and such employment and contracts shall be under the control and supervision of such public agency described in subparagraph 7,a74 7#h7 ,secular1 ,neutral1 and ,non-,ideological ,all services or assistance provided under this subsection1 including providing equipment1 materials1 and any other items1 shall be secular1 neutral1 and non-ideological4 7#i7 ,interaction with ,paycheck ,protection ,program 7,a7 ,in ,general ,in order to be eligible to receive services or assistance under this subsection1 a non-public school shall submit to the ,state an assurance1 including any documentation required by the ,secretary1 that such non-public school did not1 and will not1 apply for and receive a loan under paragraphs 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cg77 that is made on or after the date of enactment of this ,act4 7,b7 ,allowance ,a non-public school that received a loan guaranteed under paragraph 7#cf7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 that was made before the date of enactment of this ,act shall be eligible to receive services or assistance under this subsection4 7e7 ,restrictions 7#a7 ,funds provided under this section shall not be used-- 7,a7 to provide direct or indirect financial assistance to scholarship granting organizations or related entities for elementary or secondary education2 or 7,b7 to provide or support vouchers1 tuition tax credit programs1 education savings accounts1 scholarships1 scholarship programs1 or tuition-assistance programs for elementary or secondary education4 7#b7 ,exception ,notwithstanding paragraph 7#a71 a ,state may use funds provided under subsection 7a77#a7 to provide assistance prohibited under paragraph 7#a7 only to students who receive or received such assistance with funds provided under section #ahjjb7;a7 of division ,b of the ,,cares ,act 7#bj ,u4,s4,c4 #cdja note71 for the #bjbj-bjba school year and only for the same assistance provided such students under such section4 7#c7 ,rule of ,construction ,nothing in this subsection shall be interpreted to apply any additional restrictions to funds provided in section #ahjjb7;a7 of division ,b of the ,,cares ,act 7#bj ,u4,s4,c4 #cdja note74 7f7 ,reallocation ,each ,governor shall return to the ,secretary any funds received under paragraph 7#a7 or 7#b7 of subsection 7a7 that the ,governor does not award or obligate not later than #a year after the date of receipt of such funds1 and the ,secretary shall reallocate such funds to the remaining ,states in accordance with subsection 7b7 for uses authorized under subsection 7c74 ,elementary and ,secondary ,school ,emergency ,relief ,fund #cac4 7a7 ,grants ,from funds reserved under section #caa7;b77#b7 of this title1 the ,secretary shall make supplemental elementary and secondary school emergency relief grants to each ,state educational agency with an approved application under section #ahjjc of division ,b of the ,,cares ,act 7,public ,law #aaf-acf74 ,the ,secretary shall award funds under this section to each ,state educational agency with an approved application within #cj calendar days of the date of enactment of this ,act4 7b7 ,allocations to states ,the amount of each grant under subsection 7a7 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 #aife in the most recent fiscal year4 7c7 ,subgrants to ,local ,educational ,agencies ,each ,state shall allocate not less than #ij percent of the grant funds awarded to the ,state under this section as subgrants to local educational agencies 7including charter schools that are local educational agencies7 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 #aife in the most recent fiscal year4 7d7 ,uses of ,funds ,a local educational agency that receives funds under this section may use the funds for any of the following3 7#a7 ,any activity authorized by the ,,esea of #aife1 including the ,native ,hawaiian ,education ,act and the ,alaska ,native ,educational ,equity1 ,support1 and ,assistance ,act 7#bj ,u4,s4,c4 #fcja et seq471 the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq47 7,,idea71 the ,adult ,education and ,family ,literacy ,act 7#bj ,u4,s4,c4 #adjj et seq471 the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq47 7the ,perkins ,act71 or subtitle ,b of title ,,vii of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadca et seq474 7#b7 ,coordination of preparedness and response efforts of local educational agencies with ,state1 local1 ,tribal1 and territorial public health departments1 and other relevant agencies1 to improve coordinated responses among such entities to prevent1 prepare for1 and respond to coronavirus4 7#c7 ,providing principals and others school leaders with the resources necessary to address the needs of their individual schools4 7#d7 ,activities to address the unique needs of low-income children or students1 children with disabilities1 ,english learners1 racial and ethnic minorities1 students experiencing homelessness1 and foster care youth1 including how outreach and service delivery will meet the needs of each population4 7#e7 ,developing and implementing procedures and systems to improve the preparedness and response efforts of local educational agencies4 7#f7 ,training and professional development for staff of the local educational agency on sanitation and minimizing the spread of infectious diseases4 7#g7 ,purchasing supplies to sanitize and clean the facilities of a local educational agency1 including buildings operated by such agency4 7#h7 ,planning for1 coordinating1 and implementing activities during long-term closures1 including providing meals to eligible students1 providing technology for online learning to all students1 providing guidance for carrying out requirements under the ,,idea and ensuring other educational services can continue to be provided consistent with all ,federal1 ,state1 and local requirements4 7#i7 ,purchasing educational technology 7including hardware1 software1 and connectivity7 for students who are served by the local educational agency that aids in regular and substantive educational interaction between students and their classroom instructors1 including low-income students and children with disabilities1 which may include assistive technology or adaptive equipment4 7#aj7 ,providing mental health services and supports4 7#aa7 ,planning and implementing activities related to summer learning and supplemental afterschool programs1 including providing classroom instruction or online learning during the summer months and addressing the needs of low-income students1 children with disabilities1 ,english learners1 migrant students1 students experiencing homelessness1 and children in foster care4 7#ab7 ,addressing learning loss among students1 including low-income students1 children with disabilities1 ,english learners1 racial and ethnic minorities1 students experiencing homelessness1 and children and youth in foster care1 of the local educational agency1 including by-- 7,a7 ,administering and using high-quality assessments that are valid and reliable1 to accurately assess students' academic progress and assist educators in meeting students' academic needs1 including through differentiating instruction4 7,b7 ,implementing evidence-based activities to meet the comprehensive needs of students4 7,c7 ,providing information and assistance to parents and families on how they can effectively support students1 including in a distance learning environment4 7,d7 ,tracking student attendance and improving student engagement in distance education4 7#ac7 ,school facility repairs and improvements to enable operation of schools to reduce risk of virus transmission and exposure to environmental health hazards1 and to support student health needs4 7#ad7 ,inspection1 testing1 maintenance1 repair1 replacement1 and upgrade projects to improve the indoor air quality in school facilities1 including mechanical and non-mechanical heating1 ventilation1 and air conditioning systems1 filtering1 purification and other air cleaning1 fans1 control systems1 and window and door repair and replacement4 7#ae7 ,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 agency4 7e7 ,state ,funding ,with funds not otherwise allocated under subsection 7c71 a ,state may reserve not more than one-half of #a percent for administrative costs and the remainder for emergency needs as determined by the state educational agency to address issues responding to coronavirus1 including measuring and addressing learning loss1 which may be addressed through the use of grants or contracts4 7f7 ,report ,a ,state receiving funds under this section shall submit a report to the ,secretary1 not later than #f months after receiving funding provided in this ,act1 in such manner and with such subsequent frequency as the ,secretary may require1 that provides a detailed accounting of the use of funds provided under this section1 including how the ,state is using funds to measure and address learning loss among students disproportionately affected by coronavirus and school closures1 including low-income students1 children with disabilities1 ,english learners1 racial and ethnic minorities1 students experiencing homelessness1 and children and youth in foster care4 7g7 ,reallocation ,a ,state shall return to the ,secretary any funds received under this section that the ,state does not award within #a year of receiving such funds and the ,secretary shall reallocate such funds to the remaining ,states in accordance with subsection 7b74 ,higher ,education ,emergency ,relief ,fund #cad4 7a7 ,in general ,from funds reserved under section #caa7;b77#c7 of this title the ,secretary shall allocate amounts to institutions of higher education with an approved application as follows3 7#a7 #hi percent to each institution of higher education as defined in section #aja or section #ajb7;c7 of the ,,hea to prevent1 prepare for1 and respond to coronavirus1 by apportioning it-- 7,a7 #cg4e 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 emergency2 7,b7 #cg4e 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 emergency2 7,c7 #aa4e 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 emergency2 7,d7 #aa4e 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 emergency2 7,e7 #a percent according to the relative share of full-time equivalent enrollment of students who were ,federal ,pell grant recipients and who were exclusively enrolled in distance education courses prior to the qualifying emergency2 and 7,f7 #a 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 emergency4 7#b7 #g4e percent for additional awards under parts ,a and ,b of title ,,iii1 parts ,a and ,b of title ,v1 and subpart #d of part ,a of title ,,vii of the ,,hea to address needs directly related to coronavirus1 that shall be in addition to awards made in subsection 7a77#a71 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 ,act1 #bjbj 7,public ,law #aaf-id7 and distributed to eligible institutions of higher education1 except as otherwise provided in subparagraphs 7,a7 through 7,c71 on the basis of the formula described in subparagraphs 7,a7 through 7,f7 of subsection 7a77#a73 7,a7 ,except as otherwise provided in subparagraph 7#b77;,b71 for eligible institutions under part ,b of title ,,iii and subpart #d of part ,a of title ,,vii of the ,,hea1 the ,secretary shall allot to each eligible institution an amount using the following formula3 7i7 #gj 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 institutions2 7ii7 #bj 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 institutions2 and 7iii7 #aj 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 institution2 7,b7 ,for eligible institutions under section #cbf of the ,,hea1 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 ,act1 #bjbj 7,public ,law #aaf-id72 and 7,c7 ,for eligible institutions under section #caf of the ,,hea1 the ,secretary shall allot funding according to the formula in section #caf7;d77#c7 of the ,,hea4 7#c7 #j4e percent for part ,b of title ,,vii of the ,,hea for institutions of higher education that the ,secretary determines have1 after allocating other funds available under this section1 the greatest unmet needs related to coronavirus1 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 section4 ,in awarding funds under this paragraph1 the ,secretary shall publish an application for such funds no later than #fj calendar days of enactment of this ,act1 and shall provide a briefing to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate no later than #g days prior to publishing such application4 7#d7 #c percent to institutions of higher education as defined in section #ajb7;b7 of the ,,hea allocated on the basis of the formula described in subparagraphs 7,a7 through 7,f7 of subsection 7a77#a74 7b7 7#a7 ,distribution ,the funds made available to each institution under subsection 7a77#a7 shall be distributed by the ,secretary using the same systems as the ,secretary otherwise distributes funding to institutions under title ,,iv of the ,,hea4 7#b7 ,the ,secretary shall allocate amounts to institutions of higher education under this section1 to the extent practicable1 as follows3 7,a7 under subsections 7a77#a7 and 7a77#d7 within #cj calendar days of the date of enactment of this ,act2 7,b7 under subsection 7a77#b7 within #fj calendar days of the date of enactment of this ,act2 and 7,c7 under subsection 7a77#c7 within #abj calendar days of enactment of this ,act4 7c7 ,uses of ,funds ,an institution of higher education receiving funds under this section may use the funds received to-- 7#a7 defray expenses associated with coronavirus 7including lost revenue1 reimbursement for expenses already incurred1 technology costs associated with a transition to distance education1 faculty and staff trainings1 and payroll72 7#b7 carry out student support activities authorized by the ,,hea that address needs related to coronavirus2 or 7#c7 provide financial aid grants to students 7including students exclusively enrolled in distance education71 which may be used for any component of the student's cost of attendance or for emergency costs that arise due to coronavirus1 such as tuition1 food1 housing1 health care 7including mental health care71 or child care4 ,in making financial aid grants to students1 an institution of higher education shall prioritize grants to students with exceptional need1 such as students who receive ,pell ,grants4 7d7 ,special ,provisions 7#a7 ,a ,historically ,black ,college and ,university or a ,minority ,serving ,institution may use prior awards provided under titles ,,iii1 ,v1 and ,,vii of the ,higher ,education ,act to prevent1 prepare for1 and respond to coronavirus4 7#b7 ,an institution of higher education awarded funds under section #ahjjd of division ,b of the ,,cares ,act 7,public ,law #aaf-acf7 prior to the date of enactment of this ,act may use those funds under the terms and conditions of section #cad7;c7 of this title1 subject to the requirements in paragraph 7#e74 ,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 #aihe are designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 7#c7 ,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 activities2 marketing or recruitment2 endowments2 capital outlays associated with facilities related to athletics1 sectarian instruction1 or religious worship2 senior administrator or executive salaries1 benefits1 bonuses1 contracts1 incentives2 stock buybacks1 shareholder dividends1 capital distributions1 and stock options2 or any other cash or other benefit for a senior administrator or executive4 7#d7 ,any funds that remain available for obligation as of the date of enactment of this ,act to carry out section #ahjjd7;a77#a7 of the ,,cares ,act 7,public ,law #aaf-acf7 or under the heading ,safe ,schools and ,citizenship ,education of such ,act shall be used by the ,secretary to carry out section #cad7;a77#a7 of this title3 ,provided1 ,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 #aihe are designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 7#e7 ,institutions of higher education receiving allocations under section #cad7;a77#a7 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 #ahjjd7;a77#a7 and 7c7 of division ,b of the ,,cares ,act 7,public ,law #aaf-acf74 ,an institution of higher education that repurposes funds pursuant to paragraph 7#b7 shall ensure that not less than #ej percent of the funds received under section #ahjjd7;a77#a7 of division ,b of the ,,cares ,act 7,public ,law #aaf-acf7 are used for financial aid grants to students under either section #ahjjd7;c7 of division ,b of the ,,cares ,act or section #cad7;c77#c7 of this title1 or a combination of those sections3 ,provided1 ,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 #aihe are designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 7#f7 7,a7 ,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 #difh of the ,internal ,revenue ,code of #aihf for tax year #bjai shall have its allocation under this section reduced by #ej percent and may only use funds for activities described in paragraph 7c77#c71 or for sanitation1 personal protective equipment1 or other expenses associated with the general health and safety of the campus environment related to the qualifying emergency4 ,this paragraph shall not apply to an institution of higher education designated by the ,secretary as an eligible institution under section #ddh of the ,,hea4 7,b7 ,waiver authority ,the ,secretary may waive the requirements of subparagraph 7,a7 if1 upon application1 an institution of higher education demonstrates need 7including need for additional funding for financial aid grants to students1 payroll expenses1 or other expenditures7 for the total amount of funds such institution is allocated under section #cad7;a77#a7 of this title4 ,the ,secretary shall provide and make publicly available a written justification for the denial of any application for a waiver under this subparagraph4 7#g7 ,an institution of higher education as defined in section #ajb7;b7 of the ,,hea may only use funds received under this section for activities described in subsection 7c77#c74 7#h7 ,an institution of higher education with an approved application under section #ahjjd7;a7 of division ,b of the ,,cares ,act 7,public ,law #aaf-acf7 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 section4 7#i7 ,an institution of higher education receiving funds under subsections 7a77#a77;,e7 or 7,f7 may only use funds apportioned by such subparagraphs for activities described in subsection 7c77#c74 7e7 ,report ,an institution receiving funds under this section shall submit a report to the ,secretary1 not later than #f months after receiving funding provided in this ,act1 in such manner and with such subsequent frequency as the ,secretary may require1 that provides a detailed accounting of the use of funds provided under this section4 7f7 ,reallocation ,any funds allocated to an institution of higher education under this section on the basis of a formula described in subsections 7a77#a71 7a77#b71 and 7a77#d7 but for which an institution does not apply for funding within #ij days of the publication of the notice inviting applications1 shall be reallocated to eligible institutions that had submitted an application by such date in accordance with the formula described in subsection 7a77#a74 ,continued ,payment to ,employees #cae4 ,a local educational agency1 ,state1 institution of higher education1 or other entity that receives funds provided under the heading ,education ,stabilization ,fund1 shall1 to the greatest extent practicable1 continue to pay its employees and contractors during the period of any disruptions or closures related to coronavirus4 ,definitions #caf4 ,except as otherwise provided in sections #caa through #caf of this title1 as used in such sections-- 7#a7 the terms elementary education and secondary education have the meaning given such terms under ,state law2 7#b7 the term institution of higher education has the meaning given such term in title ,i of the ,,hea2 7#c7 the term ,secretary means the ,secretary of ,education2 7#d7 the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico2 7#e7 the term cost of attendance has the meaning given such term in section #dgb of the ,,hea2 7#f7 the term ,non-public school means a non-public elementary and secondary school that-- 7,a7 is accredited1 licensed1 or otherwise operates in accordance with ,state law2 and 7,b7 was in existence prior to the date of the qualifying emergency for which grants are awarded under this title2 7#g7 the term public school means a public elementary or secondary school2 7#h7 any other term used that is defined in section #haja of the ,,esea of #aife shall have the meaning given the term in such section2 and 7#i7 the term qualifying emergency has the meaning given the term in section #cejb7;a77#d7 of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf74 ,maintenance of ,effort #cag4 7a7 ,at the time of award of funds to carry out sections #cab or #cac of this title1 a ,state shall provide assurances that such ,state will maintain support for elementary and secondary education1 and for higher education 7which shall include ,state funding to institutions of higher education and state need-based financial aid1 and shall not include support for capital projects or for research and development or tuition and fees paid by students7 in fiscal year #bjbb at least at the proportional levels of such ,state's support for elementary and secondary education and for higher education relative to such ,state's overall spending1 averaged over fiscal years #bjag1 #bjah1 and #bjai4 7b7 ,the ,secretary may waive the requirement in subsection 7a7 for the purpose of relieving fiscal burdens on ,states that have experienced a precipitous decline in financial resources4 ,gallaudet ,university ,for an additional amount for ,gallaudet ,university1 #aa1jjj1jjj1 to remain available through ,september #cj1 #bjbb1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 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 operations3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,student ,aid ,administration ,for an additional amount for ,student ,aid ,administration1 #cj1jjj1jjj1 to remain available through ,september #cj1 #bjbb1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,howard ,university ,for an additional amount for ,howard ,university1 #bj1jjj1jjj1 to remain available through ,september #cj1 #bjbb1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 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 operations3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,national ,technical ,institute for the ,deaf ,for an additional amount for ,national ,technical ,institute for the ,deaf1 #aa1jjj1jjj1 to remain available through ,september #cj1 #bjbb1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 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 operations3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,institute of ,education ,sciences ,for an additional amount for ,institute of ,education ,sciences1 #bh1jjj1jjj1 to remain available through ,september #cj1 #bjbb1 to prevent1 prepare for and respond to coronavirus1 domestically or internationally1 for carrying out the ,national ,assessment of ,educational ,progress ,authorization ,act3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,departmental ,management ,program ,administration ,for an additional amount for ,program ,administration1 #ae1jjj1jjj1 to remain available through ,september #cj1 #bjbc1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,office of the ,inspector ,general ,for an additional amount for ,office of the ,inspector ,general1 #e1jjj1jjj1 to remain available until expended1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 including for salaries and expenses necessary for oversight1 investigations1 and audits of programs1 grants1 and projects funded in this ,act to respond to coronavirus3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,general ,provision--,this ,title #cba4 ,not later than #cj days after the date of enactment of this ,act1 the ,secretaries of ,health and ,human ,services and ,education shall provide a detailed spend plan of anticipated uses of funds made available in this title1 including estimated personnel and administrative costs1 to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate3 ,provided1 ,that such plans shall be updated and submitted to such ,committees every #fj days until ,september #cj1 #bjbd3 ,provided further1 ,that the spend plans shall be accompanied by a listing of each contract obligation incurred that exceeds #e1jjj1jjj which has not previously been reported1 including the amount of each such obligation4 ,,iv ,department of ,transportation ,federal ,aviation ,administration ,grants-in-aid for airports 7,including transfer of funds7 ,for an additional amount for 8,grants-in-,aid for ,airports0 #b1jjj1jjj1jjj1 to prevent1 prepare for1 and respond to coronavirus3 ,provided1 ,that amounts made available under this heading in this ,act shall be derived from the general fund of the ,treasury3 ,provided further1 ,that funds provided under this heading in this ,act shall only be available to airports in categories defined in section #dgajb of title #di1 ,united ,states ,code3 ,provided further1 ,that funds provided under this heading in this ,act shall not otherwise be subject to the requirements of chapter #dga of such title3 ,provided further1 ,that notwithstanding the preceding proviso1 except for project eligibility1 the requirements of chapter #dga of such title shall apply to funds provided for any contract awarded 7after the date of enactment of this ,act7 for airport development and funded under this heading3 ,provided further1 ,that funds provided under this heading in this ,act may not be used for any purpose not directly related to the airport3 ,provided further1 ,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 #aaf-acf3 ,provided further1 ,that the ,federal share payable of the costs for which a grant is made under this heading in this ,act shall be #ajj percent3 ,provided further1 ,that1 notwithstanding any other provision of law1 any funds appropriated under the heading 8,grants-,in-,aid for ,airports0 in ,public ,law #aaf-acf that are unallocated as of the date of enactment of this ,act shall be added to and allocated under paragraph 7#a7 of this heading in this ,act3 ,provided further1 ,that any funds obligated under ,public ,law #aaf-acf that are recovered by or returned to the ,,faa shall be allocated under paragraph 7#a7 of this heading in this ,act3 ,provided further1 ,that of the amounts appropriated under this heading in this ,act3 7#a7 ,not less than #a1gej1jjj1jjj shall be available for primary airports as defined in section #dgajb7af7 of title #di1 ,united ,states ,code1 and certain cargo airports for costs related to operations1 personnel1 cleaning1 sanitization1 janitorial services1 combating the spread of pathogens at the airport1 and debt service payments3 ,provided1 ,that such funds shall not be subject to the reduced apportionments of section #dgaad7;f7 of title #di1 ,united ,states ,code3 ,provided further1 ,that such funds shall first be apportioned as set forth in sections #dgaad7;c77#a77;,a71 #dgaad7;c77#a77;,c77i71 #dgaad7;c77#a77;,c77ii71 #dgaad7;c77#b77;,a71 #dgaad7;c77#b77;,b71 and #dgaad7;c77#b77;,e7 of title #di1 ,united ,states ,code3 ,provided further1 ,that there shall be no maximum apportionment limit3 ,provided further1 ,that any remaining funds after such apportionment shall be distributed to all sponsors of primary airports 7as defined in section #dgajb7af7 of title #di1 ,united ,states ,code7 based on each such airport's passenger enplanements compared to total passenger enplanements of all airports defined in section #dgajb7af7 of title #di1 ,united ,states ,code1 for the most recent calendar year enplanements upon which the ,secretary has apportioned funds pursuant to section #dgaad7;c7 of title #di1 ,united ,states ,code2 7#b7 ,not less than #de1jjj1jjj shall be for general aviation and commercial service airports that are not primary airports as defined in paragraphs 7#g71 7#h71 and 7#af7 of section #dgajb of title #di1 ,united ,states ,code1 for costs related to operations1 personnel1 cleaning1 sanitization1 janitorial services1 combating the spread of pathogens at the airport1 and debt service payments3 ,provided1 ,that not less than #e1jjj1jjj of such funds shall be available to sponsors of non-primary airports1 divided equally1 that participate in the ,,faa ,contract ,tower ,program defined in section #dgabd of title #di1 ,united ,states ,code1 to cover lawful expenses to support ,,faa contract tower operations3 ,provided further1 ,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 ,systems1 reflecting the percentage of the aggregate published eligible development costs for each such category1 and then dividing the allocated funds evenly among the eligible airports in each category1 rounding up to the nearest thousand dollars3 ,provided further1 ,that any remaining funds under this paragraph shall be distributed as described in paragraph 7#a7 under this heading in this ,act2 7#c7 ,not less than #bjj1jjj1jjj shall be available to sponsors of primary airports to provide relief from rent and minimum annual guarantees to on-airport car rental1 on-airport parking1 and in-terminal airport concessions 7as defined in part #bc of title #di1 ,code of ,federal ,regulations7 located at primary airports3 ,provided1 ,that such funds shall be distributed to all sponsors of primary airports 7as defined in section #dgajb7af7 of title #di1 ,united ,states ,code7 based on each such airport's passenger enplanements compared to total passenger enplanements of all airports defined in section #dgajb7af7 of title #di1 ,united ,states ,code1 for calendar year #bjai3 ,provided further1 ,that as a condition of approving a grant under this paragraph1 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 amount1 to the extent practicable and to the extent permissible under state laws1 local laws1 and applicable trust indentures3 ,provided further1 ,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 airport3 ,provided further1 ,that1 to the extent permissible under this paragraph1 airport sponsors shall prioritize relief from rent and minimum annual guarantee to minority-owned businesses3 ,provided further1 ,that only airport concessions that have certified they have not received a second draw or assistance for a covered loan under section #g7;a77#cg7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cg77 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 such section for rent or minimum annual guarantee costs3 ,provided further1 ,that sponsors of primary airports may retain up to #b percent of the funds provided under this paragraph to administer the relief required under this paragraph2 and 7#d7 ,up to #e1jjj1jjj shall be available and transferred to 8,office of the ,secretary1 ,salaries and ,expenses0 to carry out the ,small ,community ,air ,service ,development ,program3 ,provided1 ,that in allocating funding made available in this or any previous ,acts for such program for fiscal years #bjai1 #bjbj1 and #bjba1 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 pandemic3 ,provided further1 ,that the ,secretary shall publish streamlined and expedited procedures for the solicitation of applications for assistance under this paragraph not later than #fj days after the date of enactment of this ,act and shall make awards as soon as practicable3 ,provided further1 ,that the ,administrator of the ,federal ,aviation ,administration may retain up to #j4a 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 ,act3 ,provided further1 ,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 appropriations3 ,provided further1 ,that all airports receiving funds under this heading in this ,act shall continue to employ1 through ,february #ae1 #bjba1 at least #ij percent of the number of individuals employed 7after making adjustments for retirements or voluntary employee separations7 by the airport as of ,march #bg1 #bjbj3 ,provided further1 ,that the ,secretary may waive the workforce retention requirement in the preceding proviso1 if the ,secretary determines the airport is experiencing economic hardship as a direct result of the requirement1 or the requirement reduces aviation safety or security3 ,provided further1 ,that the workforce retention requirement shall not apply to nonhub airports or nonprimary airports receiving funds under this heading in this ,act3 ,provided further1 ,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 #aihe are designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,federal ,highway ,administration ,highway infrastructure programs ,for an additional amount for ,highway ,infrastructure ,programs1 #aj1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 to prevent1 prepare for1 and respond to coronavirus3 ,provided1 ,that the funds made available under this heading in this ,act shall be derived from the general fund of the ,treasury1 shall be in addition to any funds provided for fiscal year #bjba in this or any other ,act for ,federal-aid ,highways under chapters #a or #b of title #bc1 ,united ,states ,code1 and shall not affect the distribution or amount of funds provided in the ,transportation1 ,housing and ,urban ,development1 and ,related ,agencies ,appropriations ,act1 #bjba1 or any other ,act3 ,provided further1 ,that section #aaja7;b7 of ,public ,law #aad-id shall apply to funds made available under this heading in this ,act3 ,provided further1 ,that notwithstanding chapter #a or chapter #b of title #bc1 ,united ,states ,code1 or any other provision of law1 in addition to other eligible uses described under this heading in this ,act1 a ,state1 territory1 ,puerto ,rico1 or ,indian ,tribe may use funds made available under this heading in this ,act for costs related to preventive maintenance1 routine maintenance1 operations1 personnel1 including salaries of employees 7including those employees who have been placed on administrative leave7 or contractors1 debt service payments1 availability payments1 and coverage for other revenue losses3 ,provided further1 ,that a ,state1 territory1 ,puerto ,rico1 or ,indian ,tribe may transfer funds made available under this heading in this ,act to ,state1 multi-state1 international1 or local public tolling agencies that own or operate a tolled facility that is a public road1 bridge1 or tunnel1 or a ferry system that provides a public transportation benefit1 and that was in operation within their ,state in fiscal year #bjbj3 ,provided further1 ,that funds transferred pursuant to the preceding proviso may be used for costs related to operations1 personnel1 including salaries of employees 7including those employees who have been placed on administrative leave7 or contractors1 debt service payments1 availability payments1 and coverage for other revenue losses of a tolled facility or ferry system1 and that1 notwithstanding the previous receipt of ,federal funds for such tolled facility or ferry system1 for funds made available under this heading in this ,act1 the limitations on the use of revenues in subsections 7a77#c7 and 7c77#d7 of section #abi of title #bc1 ,united ,states ,code1 shall not apply with respect to the tolled facilities or ferry systems for which funding is transferred pursuant to the preceding proviso3 ,provided further1 ,that of the funds made available under this heading in this ,act1 #i1hdj1jeg1ccb shall be available for activities eligible under section #acc7;b7 of title #bc1 ,united ,states ,code1 #aad1efh1hfb shall be available for activities eligible under the ,tribal ,transportation ,program1 as described in section #bjb of such title1 #ce1hde1cjg shall be available for activities eligible under the ,puerto ,rico ,highway ,program1 as described in section #afe7;b77#b77;,c77iii7 of such title2 and #i1ebh1dii shall be available for activities eligible under the ,territorial ,highway ,program1 as described in section #afe7;c77#f7 of such title3 ,provided further1 ,that for the purposes of funds made available under this heading in this ,act the term ,state means any of the #ej ,states or the ,district of ,columbia3 ,provided further1 ,that1 except as otherwise provided under this heading in this ,act1 the funds made available under this heading in this ,act shall be administered as if apportioned under chapter #a of title #bc1 ,united ,states ,code1 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 #b of title #bc1 ,united ,states ,code3 ,provided further1 ,that the funds made available under this heading in this ,act for activities eligible under section #acc7;b7 of title #bc1 ,united ,states ,code1 shall be apportioned to the ,states in the same ratio as the obligation limitation for fiscal year #bjba is distributed among the ,states in accordance with the formula specified in section #abj7;a77#e7 of the ,transportation1 ,housing and ,urban ,development1 and ,related ,agencies ,appropriations ,act1 #bjba and shall be apportioned not later than #cj days after the date of enactment of this ,act3 ,provided further1 ,that funds apportioned to a ,state under this heading in this ,act shall be suballocated within the ,state to each area described in subsection #acc7;d77#a77;,a77i7 of title #bc1 ,united ,states ,code1 in the same ratio that funds suballocated to that area for fiscal year #bjba bears to the combined amount of funds apportioned to the ,state under section #ajd7;b77#b7 of such title for fiscal years #bjbj and #bjba3 ,provided further1 ,that of funds made available under this heading in this ,act for activities eligible under section #acc7;b7 of title #bc1 ,united ,states ,code1 any such activity shall be subject to the requirements of section #acc7;i7 of title #bc1 ,united ,states ,code3 ,provided further1 ,that1 except as provided in the following proviso1 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 #afe7;b7 and #afe7;c71 respectively1 of title #bc1 ,united ,states ,code3 ,provided further1 ,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 #afe7;b77#b77;,a7 or #afe7;b77#b77;,b7 of title #bc1 ,united ,states ,code3 ,provided further1 ,that for amounts made available under this heading in this ,act1 the ,federal share of the costs shall be1 at the option of the ,state1 territory1 ,puerto ,rico1 or ,indian ,tribe1 up to #ajj percent3 ,provided further1 ,that funds made available for preventive maintenance1 routine maintenance1 operations1 personnel1 including salaries of employees 7including those employees who have been placed on administrative leave7 or contractors1 debt service payments1 availability payments1 and coverage for other revenue losses under this heading in this ,act are not required to be included in a metropolitan transportation plan1 a long-range statewide transportation plan1 a transportation improvement program or a statewide transportation improvement program under sections #acd or #ace of title #bc1 ,united ,states ,code1 or chapter #ec of title #di1 ,united ,states ,code1 as applicable3 ,provided further1 ,that unless otherwise specified1 applicable requirements under title #bc1 ,united ,states ,code1 shall apply to funds made available under this heading in this ,act3 ,provided further1 ,that1 subject to the following proviso1 the funds made available under this heading in this ,act for activities eligible under the ,tribal ,transportation ,program1 as described in section #bjb of title #bc1 ,united ,states ,code1 may not be set-aside for administrative expenses as described in section #bjb7;a77#f7 of such title3 ,provided further1 ,that the ,administrator of the ,federal ,highway ,administration may retain up to #aj1jjj1jjj of the total funds made available under this heading in this ,act1 to fund the oversight by the ,administrator of activities carried out with funds made available under this heading in this ,act3 ,provided further1 ,that the set-asides described in subparagraph 7,c7 of section #bjb7;b77#c7 of title #bc1 ,united ,states ,code1 and subsections 7a77#f71 7c71 7d71 and 7e7 of section #bjb of such title shall not apply to funds made available under this heading in this ,act for activities eligible under the ,tribal ,transportation ,program3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,federal ,railroad ,administration ,northeast corridor grants to the national railroad passenger corporation 7including transfer of funds7 ,for an additional amount for ,northeast ,corridor ,grants to the ,national ,railroad ,passenger ,corporation1 #fee1dca1jjj1 to remain available until expended1 to prevent1 prepare for1 and respond to coronavirus1 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 ,corridor1 as authorized by section #aaaja7;a7 of the ,fixing ,america's ,surface ,transportation ,act 7division ,a of ,public ,law #aad-id73 ,provided1 ,that not less than #aji1hje1jjj 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 #bdije7;c7 of title #di1 ,united ,states ,code3 ,provided further1 ,that1 notwithstanding sections #bdcai7;g7 and #bdije7;c77#a77;,a77i7 of title #di1 ,united ,states ,code1 such use of funds does not constitute cross-subsidization of commuter rail passenger transportation3 ,provided further1 ,that the ,secretary may retain up to #b1jcj1jjj 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 #aaaja7;c7 of the ,fixing ,america's ,surface ,transportation ,act 7division ,a of ,public ,law #aad-id73 ,provided further1 ,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 prevent1 prepare for1 and respond to coronavirus3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,national network grants to the national railroad passenger corporation 7including transfer of funds7 ,for an additional amount for ,national ,network ,grants to the ,national ,railroad ,passenger ,corporation1 #cdd1efi1jjj1 to remain available until expended1 to prevent1 prepare for1 and respond to coronavirus1 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 #aaaja7;b7 of the ,fixing ,america's ,surface ,transportation ,act 7division ,a of ,public ,law #aad-id73 ,provided1 ,that #agd1hej1jjj 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 #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7,public ,law #aaj-dcb73 ,provided further1 ,that a ,state-supported route's share of such funding under the preceding proviso shall consist of 7#a7 #g percent of the costs allocated to the route in fiscal year #bjai under the cost methodology policy adopted pursuant to section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7,public ,law #aaj-dcb71 and 7#b7 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 #bjai divided by the total passenger revenue and other revenue allocated to all ,state-supported routes in fiscal year #bjai3 ,provided further1 ,that ,state-supported routes which terminated service on or before ,february #a1 #bjbj1 shall not be included in the cost and revenue calculations made pursuant to the preceding proviso3 ,provided further1 ,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 prevent1 prepare for1 and respond to coronavirus3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,federal ,transit ,administration ,transit infrastructure grants ,for an additional amount for ,transit ,infrastructure ,grants1 #ad1jjj1jjj1jjj1 to remain available until expended1 to prevent1 prepare for1 and respond to coronavirus3 ,provided1 ,that of the amounts appropriated under this heading in this ,act-- 7#a7 #ac1bga1caj1egb shall be for grants to recipients eligible under chapter #ec of title #di1 ,united ,states ,code1 and administered as if such funds were provided under section #ecjg of title #di1 ,united ,states ,code 7apportioned in accordance with section #eccf of such title 7other than subsections 7h77#a7 and 7h77#d7771 and section #eccg of title #di1 ,united ,states ,code 7apportioned in accordance with such section71 except that funds apportioned under section #eccg shall be added to funds apportioned under #ecjg for administration under #ecjg3 ,provided1 ,that the ,secretary of ,transportation 7referred to under this heading in this ,act as the ,secretary7 shall allocate the amounts provided in the preceding proviso under sections #ecjg and #eccg of title #di1 ,united ,states ,code1 in the same ratio as funds were provided under the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id2 #acc ,stat4 #becd7 and shall allocate such amounts not later than #cj days after the date of enactment of this ,act3 ,provided further1 ,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 the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #eii77 may not exceed #ge percent of that urbanized area's #bjah operating costs based on data contained in the ,national ,transit ,database3 ,provided further1 ,that for any urbanized area for which the calculation in the preceding proviso exceeds #ge percent of the urbanized area's #bjah operating costs1 the ,secretary shall distribute funds in excess of such percent to urbanized areas for which the calculation in the preceding proviso does not exceed #ge percent1 in the same proportion as amounts allocated under the first proviso of this paragraph in this ,act3 ,provided further1 ,that no recipient in an urbanized area may receive more than #d1jjj1jjj1jjj 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 7,public ,law #aaf-acf2 #acd ,stat4 #eii7 until #ge 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-#ai2 7#b7 #ej1jcd1igc shall be for grants to recipients or subrecipients eligible under section #ecaj of title #di1 ,united ,states ,code1 and the ,secretary shall apportion such funds in accordance with such section3 ,provided1 ,that the ,secretary shall allocate such funds in the same ratio as funds were provided under the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id2 #acc ,stat4 #becd7 and shall allocate such funds not later than #cj days after the date of enactment of this ,act2 and 7#c7 #fgh1fed1dee shall be for grants to recipients or subrecipients eligible under section #ecaa of title #di1 ,united ,states ,code 7other than subsections 7b77#c71 7c77#a77;,a71 and 7f771 and the ,secretary shall apportion such funds in accordance with such section3 ,provided1 ,that the ,secretary shall allocate such funds in the same ratio as funds were provided under the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id2 #acc ,stat4 #becd7 and shall allocate funds within #cj days of enactment of this ,act3 ,provided further1 ,that the amounts allocated to any ,state 7as defined in section #ecjb of title #di1 ,united ,states ,code7 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 7,public ,law #aaf-acf2 #acd ,stat4 #eii7 may not exceed #abe percent of that ,state's combined #bjah rural operating costs of the recipients and subrecipients in the ,state based on data contained in the ,national ,transit ,database3 ,provided further1 ,that for any ,state for which the calculation in the preceding proviso exceeds #abe percent of the ,state's combined #bjah rural operating costs of the recipients and subrecipients in the ,state1 the ,secretary shall distribute funds in excess of such percent to ,states for which the calculation in the preceding proviso does not exceed #abe percent in the same proportion as amounts allocated under the first proviso of this paragraph in this ,act3 ,provided further1 ,that the ,secretary shall not waive the requirements of section #eccc of title #di1 ,united ,states ,code1 for funds appropriated under this heading in this ,act or for funds previously made available under section #ecjg of title #di1 ,united ,states ,code1 or section #ecaa1 #eccg1 or #ecdj of such title as a result of ,,covid-#ai3 ,provided further1 ,that the provision of funds under this heading in this ,act shall not affect the ability of any other agency of the ,government1 including the ,federal ,emergency ,management ,agency1 a ,state agency1 or a local governmental entity1 organization1 or person1 to provide any other funds otherwise authorized by law3 ,provided further1 ,that notwithstanding subsection 7a77#a7 or 7b7 of section #ecjg of title #di1 ,united ,states ,code1 section #ecaj7;b77#b77;,a7 of that title1 or any provision of chapter #ec of that title1 funds provided under this heading in this ,act are available for the operating expenses of transit agencies related to the response to a ,,covid-#ai public health emergency1 including1 beginning on ,january #bj1 #bjbj1 reimbursement for operating costs to maintain service and lost revenue due to the ,,covid-#ai public health emergency1 including the purchase of personal protective equipment1 and paying the administrative leave of operations or contractor personnel due to reductions in service3 ,provided further1 ,that to the maximum extent possible1 funds made available under this heading in this ,act and in title ,,xii of division ,b of the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #eii7 shall be directed to payroll and operations of public transit 7including payroll and expenses of private providers of public transportation71 unless the recipient certifies to the ,secretary that the recipient has not furloughed any employees3 ,provided further1 ,that such operating expenses are not required to be included in a transportation improvement program1 long-range transportation plan1 statewide transportation plan1 or a statewide transportation improvement program3 ,provided further1 ,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 7,public ,law #aaf-acf2 #acd ,stat4 #eii73 ,provided further1 ,that unless otherwise specified1 applicable requirements under chapter #ec of title #di1 ,united ,states ,code1 shall apply to funding made available under this heading in this ,act1 except that the ,federal share of the costs for which any grant is made under this heading in this ,act shall be1 at the option of the recipient1 up to #ajj percent3 ,provided further1 ,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 ,act3 ,provided further1 ,that the ,federal share of costs for any unobligated grant funds under section #ecaj of title #di1 ,united ,states ,code1 as of the date of enactment of this ,act shall be1 at the option of the recipient1 up to #ajj percent3 ,provided further1 ,that of the amounts made available under this heading in this ,act1 up to #aj1jjj1jjj may be retained by the ,administrator of the ,federal ,transit ,administration to fund ongoing program management and oversight activities described in sections #eccd and #ecch7;f77#b7 of title #di1 ,united ,states ,code1 and shall be in addition to any other appropriations for such purpose3 ,provided further1 ,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 #aihe are designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,general ,provision--,this ,title #dja4 ,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 #bbjjb of title ,,xii of division ,b of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf71 except as otherwise noted in this ,act3 ,provided1 ,that the amounts made available in this ,act under such headings shall be used by the ,national ,railroad ,passenger ,corporation1 to3 7#a7 prevent further employee furloughs that are a result of efforts to prevent1 prepare for1 and respond to coronavirus2 and 7#b7 prevent further reductions to the frequency of rail service on any long-distance route 7as defined in section #bdajb of title #di1 ,united ,states ,code7 except in an emergency or during maintenance or construction outages impacting such routes3 ,provided further1 ,that the coronavirus shall not qualify as an emergency in the preceding proviso3 ,provided further1 ,that in the event of any ,national ,railroad ,passenger ,corporation employee furloughs as a result of efforts to prevent1 prepare for1 and respond to coronavirus1 the ,national ,railroad ,passenger ,corporation shall provide such employees the opportunity to be recalled to work in accordance with their seniority and classification of work1 regardless of their time in the ,national ,railroad ,passenger ,corporation's service1 as intercity passenger rail service is restored3 ,provided further1 ,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 prevent1 prepare for1 and respond to coronavirus1 unless such contracting was in place prior to ,march #a1 #bjbj or is done by agreement with the ,labor ,organization representing such employee4 ,v ,,general ,,provisions--,,this ,,act #eja4 ,each amount appropriated or made available by this ,act is in addition to amounts otherwise appropriated for the fiscal year involved4 #ejb4 ,no part of any appropriation contained in this ,act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein4 #ejc4 ,unless otherwise provided for by this ,act1 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 #bjba4 #ejd4 ,any amount appropriated by this ,act1 designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe and subsequently so designated by the ,president1 and transferred pursuant to transfer authorities provided by this ,act shall retain such designation4 #eje4 ,solely for the purpose of calculating a breach within a category for fiscal year #bjba pursuant to section #bea7;a7 or section #bed of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 and notwithstanding any other provision of this division1 the budgetary effects from this division shall be counted as amounts designated as being for an emergency requirement pursuant to section #bea7;b77#b77;,a7 of such ,act4 ,this division may be cited as the ,coronavirus ,response and ,relief ,supplemental ,appropriations ,act1 #bjba4 ,n ,,additional ,,coronavirus ,,response ,,and ,,relief ,i ,healthcare #aja4 ,supporting physicians and other professionals in adjusting to medicare payment changes during #bjba 7a7 ,in general ,section #ahdh of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7 is amended by adding at the end the following new subsection3 7t7 ,supporting physicians and other professionals in adjusting to medicare payment changes during #bjba 7#a7 ,in general ,in order to support physicians and other professionals in adjusting to changes in payment for physicians' services during #bjba1 the ,secretary shall increase fee schedules under subsection 7b7 that establish payment amounts for such services furnished on or after ,january #a1 #bjba1 and before ,january #a1 #bjbb1 by #c4ge percent4 7#b7 ,implementation 7,a7 ,administration ,notwithstanding any other provision of law1 the ,secretary may implement this subsection by program instruction or otherwise4 7,b7 ,limitation ,there shall be no administrative or judicial review under section #ahfi1 #ahgh or otherwise of the fee schedules that establish payment amounts calculated pursuant to this subsection4 7,c7 ,application only for #bjba ,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 #bjba4 7#c7 ,funding ,for purposes of increasing the fee schedules that establish payment amounts pursuant to this subsection-- 7,a7 there shall be transferred from the ,general ,fund of the ,treasury to the ,federal ,supplementary ,medical ,insurance ,trust ,fund under section #ahda1 #c1jjj1jjj1jjj1 to remain available until expended2 and 7,b7 in the event the ,secretary determines additional amounts are necessary1 such amounts shall be available from the ,federal ,supplementary ,medical ,insurance ,trust ,fund4 4 7b7 ,exemption of additional expenditures from physician fee schedule budget-neutrality ,such section #ahdh is amended1 in subsection 7c77#b77;,b77iv7-- 7#a7 in subclause 7,,iii71 by striking and at the end2 7#b7 in subclause 7,,iv71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new subclause3 7,v7 subsection 7t7 shall not be taken into account in applying clause 7ii77,,ii7 for #bjba4 4 7c7 ,report ,not later than ,april #a1 #bjbb1 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 #ahdh7t7 of the ,social ,security ,act1 as added by subsection 7a74 ,such report shall include the aggregate amount of the increase in payment amounts under such section1 including information regarding any payments made in excess of the amount of funding provided under paragraph 7#c77;,a7 of such section4 #ajb4 ,extension of temporary suspension of medicare sequestration 7a7 ,in general ,section #cgji7;a7 of division ,a of the ,,cares ,act 7#b ,u4,s4,c4 #ija;a note7 is amended by striking ,december #ca1 #bjbj and inserting ,march #ca1 #bjba4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect as if enacted as part of the ,,cares ,act 7,public ,law #aaf-acf74 ,,ii ,assistance to ,individuals1 ,families1 and ,businesses ,a ,unemployment insurance #a ,continued ,assistance to ,unemployed ,workers #bjj4 ,short title ,this chapter may be cited as the ,continued ,assistance for ,unemployed ,workers ,act of #bjbj4 ,i ,extension of ,,cares ,act ,unemployment ,provisions #bja4 ,extension and benefit phaseout rule for pandemic unemployment assistance 7a7 ,in general ,section #bajb7;c7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijba7;c77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking paragraph 7#b7 and inserting paragraphs 7#b7 and 7#c72 and 7,b7 in subparagraph 7,a77ii71 by striking ,december #ca1 #bjbj and inserting ,march #ad1 #bjba2 and 7#b7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 ,transition rule for individuals remaining entitled to pandemic unemployment assistance as of ,march #ad1 #bjba 7,a7 ,in general ,subject to subparagraph 7,b71 in the case of any individual who1 as of the date specified in paragraph 7#a77;,a77ii71 is receiving pandemic unemployment assistance but has not yet exhausted all rights to such assistance under this section1 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 assistance4 7,b7 ,termination ,notwithstanding any other provision of this subsection1 no pandemic unemployment assistance shall be payable for any week beginning after ,april #e1 #bjba4 4 7b7 ,increase in number of weeks ,section #bajb7;c77#b7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijba7;c77#b77 is amended-- 7#a7 by striking #ci weeks and inserting #ej weeks2 and 7#b7 by striking #ci-week period and inserting #ej-week period4 7c7 ,appeals 7#a7 ,in general ,section #bajb7;c7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijba7;c771 as amended by subsections 7a7 and 7b71 is amended by adding at the end the following3 7#e7 ,appeals by an individual 7,a7 ,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 ,states4 7,b7 ,procedure ,all levels of appeal filed under this paragraph in the #ej states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and the ,virgin ,islands-- 7i7 shall be carried out by the applicable ,state that made the determination or redetermination2 and 7ii7 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 law4 7,c7 ,procedure for certain territories ,with respect to any appeal filed in ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,federated ,states of ,micronesia1 ,republic of the ,marshall ,islands1 and the ,republic of ,palau-- 7i7 lower level appeals shall be carried out by the applicable entity within the ,state2 7ii7 if a higher level appeal is allowed by the ,state1 the higher level appeal shall be carried out by the applicability entity within the ,state2 and 7iii7 appeals described in clauses 7i7 and 7ii7 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 ,hawaii4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect as if enacted as part of division ,a of the ,,cares ,act 7,public ,law #aaf-acf71 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 7#a74 7d7 ,waiver authority for certain overpayments of pandemic unemployment assistance ,section #bajb7;d7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijba7;d77 is amended by adding at the end the following3 7#d7 ,waiver authority ,in the case of individuals who have received amounts of pandemic unemployment assistance to which they were not entitled1 the ,state shall require such individuals to repay the amounts of such pandemic unemployment assistance to the ,state agency1 except that the ,state agency may waive such repayment if it determines that-- 7,a7 the payment of such pandemic unemployment assistance was without fault on the part of any such individual2 and 7,b7 such repayment would be contrary to equity and good conscience4 4 7e7 ,hold harmless for proper administration ,in the case of an individual who is eligible to receive pandemic unemployment assistance under section #bajb the ,,cares ,act 7#ae ,u4,s4,c4 #ijba7 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 #bajg of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbe7 by reason of the amendments made by section #bjf7;b7 of this subtitle1 any payment of pandemic unemployment assistance under such section #bajb made after the date of enactment of this ,act to such individual during an appropriate period of time1 as determined by the ,secretary of ,labor1 that should have been made under such section #bajg shall not be considered to be an overpayment of assistance under such section #bajb1 except that an individual may not receive payment for assistance under section #bajb and a payment for assistance under section #bajg for the same week of unemployment4 7f7 ,limitation ,in the case of a covered individual whose first application for pandemic unemployment assistance under section #bajb of the ,,cares ,act 7#ae ,u4,s4,c4 #ijba7 is filed after the date of enactment of this ,act1 subsection 7c77#a77;,a77i7 of such section #bajb shall be applied by substituting ,december #a1 #bjbj for ,january #bg1 #bjbj4 7g7 ,effective date ,the amendments made by subsections 7a71 7b71 7c71 and 7d7 shall apply as if included in the enactment of the ,,cares ,act 7,public ,law #aaf-acf71 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 ,act4 #bjb4 ,extension of emergency unemployment relief for governmental entities and nonprofit organizations ,section #ijc7;i77#a77;,d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aajc7;i77#a77;,d77 is amended by striking ,december #ca1 #bjbj and inserting ,march #ad1 #bjba4 #bjc4 ,extension of ,federal ,pandemic ,unemployment ,compensation 7a7 ,in general ,section #bajd7;e7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbc7;e77 is amended to read as follows3 7e7 ,applicability ,an agreement entered into under this section shall apply-- 7#a7 to weeks of unemployment beginning after the date on which such agreement is entered into and ending on or before ,july #ca1 #bjbj2 and 7#b7 to weeks of unemployment beginning after ,december #bf1 #bjbj 7or1 if later1 the date on which such agreement is entered into71 and ending on or before ,march #ad1 #bjba4 4 7b7 ,amount 7#a7 ,in general ,section #bajd7;b7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbc7;b77 is amended-- 7,a7 in paragraph 7#a77;,b71 by striking of #fjj and inserting equal to the amount specified in paragraph 7#c72 and 7,b7 by adding at the end the following new paragraph3 7#c7 ,amount of ,federal ,pandemic ,unemployment ,compensation 7,a7 ,in general ,the amount specified in this paragraph is the following amount3 7i7 ,for weeks of unemployment beginning after the date on which an agreement is entered into under this section and ending on or before ,july #ca1 #bjbj1 #fjj4 7ii7 ,for weeks of unemployment beginning after ,december #bf1 #bjbj 7or1 if later1 the date on which such agreement is entered into71 and ending on or before ,march #ad1 #bjba1 #cjj4 4 7#b7 ,technical amendment regarding application to short-time compensation programs and agreements ,section #bajd7;i77#b7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbc7;i77#b77 is amended-- 7,a7 in subparagraph 7,c71 by striking and at the end2 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,e7 short-time compensation under a short-time compensation program 7as defined in section #ccjf7v7 of the ,internal ,revenue ,code of #aihf74 4 #bjd4 ,extension of ,federal funding of the first week of compensable regular unemployment for ,states with no waiting week ,section #baje of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbd7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking ,there shall be paid and inserting ,except as provided in paragraph 7#c71 there shall be paid2 and 7,b7 by adding at the end the following3 7#c7 ,partial reimbursement ,with respect to compensation paid to individuals for weeks of unemployment ending after ,december #ca1 #bjbj1 paragraph 7#a7 shall be applied by substituting #ej percent for #ajj percent4 2 and 7#b7 in subsection 7e77#b71 by striking ,december #ca1 #bjbj and inserting ,march #ad1 #bjba4 #bje4 ,extension of emergency ,state staffing flexibility ,section #dajb7;b7 of the ,families ,first ,coronavirus ,response ,act 7#bf ,u4,s4,c4 #ccjd note71 in the second sentence1 is amended by striking ,december #ca1 #bjbj and inserting ,march #ad1 #bjba4 #bjf4 ,extension and benefit phaseout rule for ,pandemic ,emergency ,unemployment ,compensation 7a7 ,in general ,section #bajg7;g7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbe7;g77 is amended to read as follows3 7g7 ,applicability 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 an agreement entered into under this section shall apply to weeks of unemployment-- 7,a7 beginning after the date on which such agreement is entered into2 and 7,b7 ending on or before ,march #ad1 #bjba4 7#b7 ,transition rule for individuals remaining entitled to ,pandemic ,emergency ,unemployment ,compensation as of ,march #ad1 #bjba ,in the case of any individual who1 as of the date specified in paragraph 7#a77;,b71 is receiving ,pandemic ,emergency ,unemployment ,compensation but has not yet exhausted all rights to such assistance under this section1 ,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 ,compensation4 7#c7 ,termination ,notwithstanding any other provision of this subsection1 no ,pandemic ,emergency ,unemployment ,compensation shall be payable for any week beginning after ,april #e1 #bjba4 4 7b7 ,increase in number of weeks ,section #bajg7;b77#b7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbe7;b77#b77 is amended by striking #ac and inserting #bd4 7c7 ,coordination rules 7#a7 ,coordination of pandemic emergency unemployment compensation with regular compensation ,section #bajg7;b7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbe7;b77 is amended by adding at the end the following3 7#d7 ,coordination of pandemic emergency unemployment compensation with regular compensation 7,a7 ,in general ,if-- 7i7 an individual has been determined to be entitled to pandemic emergency unemployment compensation with respect to a benefit year2 7ii7 that benefit year has expired2 7iii7 that individual has remaining entitlement to pandemic emergency unemployment compensation with respect to that benefit year2 and 7iv7 that individual would qualify for a new benefit year in which the weekly benefit amount of regular compensation is at least #be less than the individual's weekly benefit amount in the benefit year referred to in clause 7i71 then the ,state shall determine eligibility for compensation as provided in subparagraph 7,b74 7,b7 ,determination of eligibility ,for individuals described in subparagraph 7,a71 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 methods3 7i7 ,the ,state shall1 if permitted by ,state law1 establish a new benefit year1 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 7,a77i74 7ii7 ,the ,state shall1 if permitted by ,state law1 defer the establishment of a new benefit year 7which uses all the wages and employment which would have been used to establish a benefit year but for the application of this subparagraph71 until exhaustion of all pandemic emergency unemployment compensation payable with respect to the benefit year referred to in subparagraph 7,a77i74 7iii7 ,the ,state shall pay1 if permitted by ,state law-- 7,i7 regular compensation equal to the weekly benefit amount established under the new benefit year2 and 7,,ii7 pandemic emergency unemployment compensation equal to the difference between that weekly benefit amount and the weekly benefit amount for the expired benefit year4 7iv7 ,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 year4 4 7#b7 ,coordination of pandemic emergency unemployment compensation with extended compensation 7,a7 ,individuals receiving extended compensation as of the date of enactment ,section #bajg7;a77#e7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbe7;a77#e77 is amended-- 7i7 by striking ,rule4--,an agreement and inserting the following3 8,rules4-- 7,a7 ,in general ,subject to subparagraph 7,b71 an agreement 2 and 7ii7 by adding at the end the following3 7,b7 ,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 7without regard to the amendments made by subsections 7a7 and 7b7 of section #bjf of the ,continued ,assistance for ,unemployed ,workers ,act of #bjbj71 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 benefits4 4 7,b7 ,eligibility for extended compensation ,section #bajg7;a7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbe7;a77 is amended by adding at the end the following3 7#h7 ,special rule for extended compensation ,at the option of a ,state1 for any weeks of unemployment beginning after the date of the enactment of this paragraph and before ,april #ab1 #bjba1 an individual's eligibility period 7as described in section #bjc7;c7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note77 shall1 for purposes of any determination of eligibility for extended compensation under the ,state law of such ,state1 be considered to include any week which begins-- 7,a7 after the date as of which such individual exhausts all rights to pandemic emergency unemployment compensation2 and 7,b7 during an extended benefit period that began on or before the date described in subparagraph 7,a74 4 7d7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall apply as if included in the enactment of the ,,cares ,act 7,public ,law #aaf-acf71 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 ,act4 7#b7 ,coordination rules ,the amendments made by subsection 7c77#a7 shall apply to individuals whose benefit years1 as described in section #bajg7;b77#d77;,a77ii7 of the ,,cares ,act1 expire after the date of enactment of this ,act4 #bjg4 ,extension of temporary financing of short-time compensation payments in ,states with programs in law ,section #bajh7;b77#b7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbf7;b77#b77 is amended by striking ,december #ca1 #bjbj and inserting ,march #ad1 #bjba4 #bjh4 ,extension of temporary financing of short-time compensation agreements for ,states without programs in law ,section #baji7;d77#b7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbg7;d77#b77 is amended by striking ,december #ca1 #bjbj and inserting ,march #ad1 #bjba4 #bji4 ,technical amendment to references to regulation in ,,cares ,act 7a7 ,in general ,section #bajb7;h7 of the ,,cares ,act 7,public ,law #aaf-acf7 is amended by striking section #fbe in each place it appears and inserting part #fbe4 7b7 ,effective date ,the amendment made by this section shall take effect as if included in section #bajb of the ,,cares ,act 7,public ,law #aaf-acf74 ,,ii ,extension of ,,ffcra ,unemployment ,provisions #bba4 ,extension of temporary assistance for ,states with advances ,section #abjb7;b77#aj77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbb7;b77#aj77;,a77 is amended by striking ,december #ca1 #bjbj and inserting ,march #ad1 #bjba4 #bbb4 ,extension of full ,federal funding of extended unemployment compensation ,section #daje of the ,families ,first ,coronavirus ,response ,act 7#bf ,u4,s4,c4 #ccjd note7 is amended-- 7#a7 in subsection 7a71 by striking ,december #ca1 #bjbj and inserting ,march #ad1 #bjba2 and 7#b7 in subsection 7b71 by striking ending on or before ,december #ca1 #bjbj and inserting before ,march #ad1 #bjba4 ,,iii ,continued ,assistance to ,rail ,workers #bca4 ,short title ,this subchapter may be cited as the ,continued ,assistance to ,rail ,workers ,act of #bjbj4 #bcb4 ,additional enhanced benefits under the ,railroad ,unemployment ,insurance ,act 7a7 ,in general ,section #b7;a77#e77;,a7 of the ,railroad ,unemployment ,insurance ,act 7#de ,u4,s4,c4 #ceb7;a77#e77;,a77 is amended-- 7#a7 in the first sentence-- 7,a7 by inserting and for registration periods beginning after ,december #bf1 #bjbj1 but on or before ,march #ad1 #bjba1 after ,july #ca1 #bjbj12 7,b7 by striking in the amount of #a1bjj2 and 7,c7 by striking ,july #a1 #bjai and inserting ,july #a1 #bjai1 or ,july #a1 #bjbj2 and 7#b7 by adding at the end the following3 ,for registration periods beginning on or after ,april #a1 #bjbj1 but on or before ,july #ca1 #bjbj1 the recovery benefit payable under this subparagraph shall be in the amount of #a1bjj4 ,for registration periods beginning after ,december #bf1 #bjbj1 but on or before ,march #ad1 #bjba1 the recovery benefit payable under this subparagraph shall be in the amount of #fjj44 7b7 ,clarification on authority to use funds ,funds appropriated under subparagraph 7,b7 of section #b7;a77#e7 of the ,railroad ,unemployment ,insurance ,act 7#de ,u4,s4,c4 #ceb7;a77#e77 shall be available to cover the cost of recovery benefits provided under such section #b7;a77#e7 by reason of the amendments made by subsection 7a7 as well as to cover the cost of such benefits provided under such section #b7;a77#e7 as in effect on the day before the date of enactment of this ,act4 #bcc4 ,extended unemployment benefits under the ,railroad ,unemployment ,insurance ,act 7a7 ,in general ,section #b7;c77#b77;,d7 of the ,railroad ,unemployment ,insurance ,act 7#de ,u4,s4,c4 #ceb7;c77#b77;,d77 is amended-- 7#a7 in clause 7i7-- 7,a7 in subclause 7,i71 by striking #acj days and inserting #ahe days2 7,b7 in subclause 7,,ii71 by striking #ac consecutive #ad-;day periods and inserting #ai consecutive #ad-;day periods1 except that no extended benefit period shall end before #f consecutive #ad-;day periods after the date of enactment of the ,continued ,assistance for ,unemployed ,workers ,act of #bjbj have elapsed2 7#b7 in clause 7ii71 by striking if such clause had not been enacted4 and inserting if such clause had not been enacted and if-- 7,a7 subparagraph 7,a7 were applied by substituting #abj days of unemployment for #fe days of unemployment2 and 7,b7 subparagraph 7,b7 were applied by inserting 7or1 in the case of unemployment benefits1 #ab consecutive #ad-;day periods1 except that no extended benefit period shall end before #f consecutive #ad-;day periods after the date of enactment of the ,continued ,assistance for ,unemployed ,workers ,act of #bjbj have elapsed7 after #g consecutive #ad-;day periods4 2 and 7#c7 in clause 7iii7-- 7,a7 by striking ,june #cj1 #bjbj and inserting ,june #cj1 #bjba2 7,b7 by striking no extended benefit period under this paragraph shall begin after ,december #ca1 #bjbj and inserting the provisions of clauses 7i7 and 7ii7 shall not apply to any employee whose extended benefit period under subparagraph 7,b7 begins after ,march #ad1 #bjba1 and shall not apply to any employee with respect to any registration period beginning after ,april #e1 #bjba42 and 7,c7 by striking clause 7iv7 and inserting clause 7v72 7#d7 by redesignating clause 7iv7 as clause 7v72 and 7#e7 by inserting after clause 7iii7 the following3 7iv7 ,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 #bjbj 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 paragraph4 4 7b7 ,application ,the amendments made by subsection 7a7 shall apply as if included in the enactment of the ,,cares ,act 7#ae ,u4,s4,c4 #ijja et seq474 7c7 ,clarification on authority to use fund ,funds appropriated under either the first or second sentence of clause 7v7 of section #b7;c77#b77;,d7 of the ,railroad ,unemployment ,insurance ,act 7as redesignated by subsection 7a77#d77 shall be available to cover the cost of additional extended unemployment benefits provided under such section #b7;c77#b77;,d7 by reason of the amendments made by subsection 7a7 as well as to cover the cost of such benefits provided under such section #b7;c77#b77;,d7 as in effect on the day before the date of enactment of this ,act4 #bcd4 ,extension of waiver of the #g-;day waiting period for benefits under the ,railroad ,unemployment ,insurance ,act 7a7 ,in general ,section #baab7;a7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijcj7;a77 is amended by striking ,december #ca1 #bjbj and inserting ,march #ad1 #bjba4 7b7 ,operating instructions and regulations ,the ,railroad ,retirement ,board may prescribe any operating instructions or regulations necessary to carry out this section4 7c7 ,clarification on authority ,to use funds ,funds appropriated under section #baab7;c7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijcj7;c77 shall be available to cover the cost of additional benefits payable due to section #baab7;a7 of such ,act by reason of the amendments made by subsection 7a7 as well as to cover the cost of such benefits payable due to such section #baab7;a7 as in effect on the day before the date of enactment of this ,act4 #bce4 ,treatment of payments from the ,railroad ,unemployment ,insurance ,account 7a7 ,in general ,section #bef7;i77#a7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijf7;i77#a77 is amended-- 7#a7 in subparagraph 7,b71 by striking and at the end2 7#b7 in subparagraph 7,c71 by inserting and at the end2 and 7#c7 by inserting after subparagraph 7,c7 the following new subparagraph3 7,d7 any payment made from the ,railroad ,unemployment ,insurance ,account 7established by section #aj of the ,railroad ,unemployment ,insurance ,act7 for the purpose of carrying out the ,railroad ,unemployment ,insurance ,act1 and funds appropriated or transferred to or otherwise deposited in such ,account1 4 7b7 ,effective date ,the treatment of payments made from the ,railroad ,unemployment ,insurance ,account pursuant to the amendment made by subsection 7a7-- 7#a7 shall take effect #g days after the date of the enactment of this ,act2 and 7#b7 shall apply only to obligations incurred during the period beginning on the effective date described in paragraph 7#a7 and ending on the date that is #cj days after the date on which the national emergency concerning the novel coronavirus disease 7,,covid-#ai7 outbreak declared by the ,president on ,march #ac1 #bjbj1 under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 terminates4 7c7 ,sunset ,the amendments made by subsection 7a7 shall be repealed on the date that is #cj days after the date on which the national emergency concerning the novel coronavirus disease 7,,covid-#ai7 outbreak declared by the ,president on ,march #ac1 #bjbj1 under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 terminates4 ,,iv ,improvements to ,pandemic ,unemployment ,assistance to ,strengthen ,program ,integrity #bda4 ,requirement to substantiate employment or self-employment and wages earned or paid to confirm eligibility for pandemic unemployment assistance 7a7 ,in general ,section #bajb7;a77#c77;,a7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijba7;a77#c77;,a77 is amended-- 7#a7 in clause 7i71 by striking and at the end2 7#b7 by inserting after clause 7ii7 the following3 7iii7 provides documentation to substantiate employment or self-employment or the planned commencement of employment or self-employment not later than #ba 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 #fbe4f7;e7 of title #bj1 ,code of ,federal ,regulations1 or any successor thereto1 except that such deadline may be extended if the individual has shown good cause under applicable ,state law for failing to submit such documentation2 and 4 7b7 ,applicability 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 the amendments made by subsection 7a7 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 #bajb of the ,,cares ,act 7#ae ,u4,s4,c4 #ijba7 on or after ,january #ca1 #bjba4 7#b7 ,special rule ,an individual who received pandemic unemployment assistance under section #bajb of the ,,cares ,act 7#ae ,u4,s4,c4 #ijba7 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 7iii7 of subsection 7a77#c77;,a7 of such section #bajb1 as added by subsection 7a74 7#c7 ,prior applicants ,with respect to an individual who applied for pandemic unemployment assistance under section #bajb of the ,,cares ,act 7#ae ,u4,s4,c4 #ijba7 before ,january #ca1 #bjba1 and receives such assistance on or after the date of enactment of this ,act1 clause 7iii7 of subsection 7a77#c77;,a7 of such section shall be applied by substituting #ij days for #ba days4 #bdb4 ,requirement for ,states to verify identity of applicants for pandemic unemployment assistance 7a7 ,in general ,section #bajb7;f7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijba7;f77 is amended-- 7#a7 in paragraph 7#a71 by inserting 1 including procedures for identity verification or validation and for timely payment1 to the extent reasonable and practicable before the period at the end2 and 7#b7 in paragraph 7#b77;,b71 by inserting and expenses related to identity verification or validation and timely and accurate payment before the period at the end4 7b7 ,applicability ,the requirements imposed by the amendments made by this section shall apply1 with respect to agreements made under section #bajb of the ,,cares ,act1 beginning on the date that is #cj days after the date of enactment of this ,act4 ,v ,return to ,work ,reporting ,requirement #bea4 ,return to work reporting for ,,cares ,act agreements 7a7 ,in general ,subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf7 is amended by adding at the end the following3 #baag4 ,return to work reporting ,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 which1 during any period during which such agreement is in effect1 claimants of unemployment compensation refuse to return to work or to accept an offer of suitable work without good cause4 ,such method shall include the following3 7#a7 ,a reporting method for employers1 such as through a phone line1 email1 or online portal1 to notify the ,state agency when an individual refuses an offer of employment4 7#b7 ,a plain-language notice provided to such claimants about ,state return to work laws1 rights to refuse to return to work or to refuse suitable work1 including what constitutes suitable work1 and a claimant's right to refuse work that poses a risk to the claimant's health or safety1 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 work4 4 7b7 ,effective date ,the requirements imposed by this section shall take effect #cj days from the date of enactment of this ,act4 ,,vi ,other ,related ,provisions and ,technical ,corrections #bfa4 ,mixed ,earner ,unemployment ,compensation 7a7 ,in general ,section #bajd7;b7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbc7;b77#a771 as amended by section #aajc1 is further amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,b71 by striking the period at the end and inserting 1 plus2 and 7,b7 by adding at the end the following3 7,c7 an additional amount of #ajj 7in this section referred to as ,mixed ,earner ,unemployment ,compensation7 in any case in which the individual received at least #e1jjj of self-employment income 7as defined in section #adjb7;b7 of the ,internal ,revenue ,code of #aihf7 in the most recent taxable year ending prior to the individual's application for regular compensation4 2 and 7#b7 by adding at the end the following3 7#d7 ,certain documentation required ,an agreement under this section shall include a requirement1 similar to the requirement under section #bajb7;a77#c77;,a77iii71 for the substantiation of self-employment income with respect to each applicant for ,mixed ,earner ,unemployment ,compensation under paragraph 7#a77;,c74 4 7b7 ,conforming amendments 7#a7 ,federal ,pandemic ,unemployment ,compensation ,section #bajd of such ,act is amended-- 7,a7 by inserting or ,mixed ,earner ,unemployment ,compensation after ,federal ,pandemic ,unemployment ,compensation each place such term appears in subsection 7b77#b71 7c71 or 7f7 of such section2 7,b7 in subsection 7d71 by inserting and ,mixed ,earner ,unemployment ,compensation after ,federal ,pandemic ,unemployment ,compensation2 and 7,c7 in subsection 7g71 by striking provide that and all that follows through the end and inserting provide that-- 7#a7 the purposes of the preceding provisions of this section1 as such provisions apply with respect to ,federal ,pandemic ,unemployment ,compensation1 shall be applied with respect to unemployment benefits described in subsection 7i77#b7 to the same extent and in the same manner as if those benefits were regular compensation2 and 7#b7 the purposes of the preceding provisions of this section1 as such provisions apply with respect to ,mixed ,earner ,unemployment ,compensation1 shall be applied with respect to unemployment benefits described in subparagraph 7,a71 7,b71 7,d71 or 7,e7 of subsection 7i77#b7 to the same extent and in the same manner as if those benefits were regular compensation4 4 7#b7 ,pandemic ,emergency ,unemployment ,compensation ,section #bajg7;a77#d77;,a7 of such ,act is amended-- 7,a7 in clause 7i71 by striking and2 7,b7 in clause 7ii71 by striking section #bajd2 and inserting section #bajd7;b77#a77;,b72 and2 and 7,c7 by adding at the end the following3 7iii7 the amount 7if any7 of ,mixed ,earner ,unemployment ,compensation under section #bajd7;b77#a77;,c72 4 7c7 ,state's right of non-participation ,any ,state participating in an agreement under section #bajd 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 section4 ,such amendments shall apply with respect to such a ,state only if the ,state so elects1 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 section4 #bfb4 ,lost wages assistance recoupment fairness 7a7 ,definitions ,in this section-- 7#a7 the term covered assistance means assistance provided for supplemental lost wages payments under subsections 7e77#b7 and 7f7 of section #djh of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagd71 as authorized under the emergency declaration issued by the ,president on ,march #ac1 #bjbj1 pursuant to section #eja7;b7 of such ,act 7#db ,u4,s4,c4 #eaia7;b77 and under any subsequent major disaster declaration under section #dja of such ,act 7#db ,u4,s4,c4 #eagj7 that supersedes such emergency declaration2 and 7#b7 the term ,state has the meaning given the term in section #ajb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eabb74 7b7 ,waiver authority for ,state liability ,in the case of any individual who has received amounts of covered assistance to which the individual is not entitled1 the ,state shall require the individual to repay the amounts of such assistance to the ,state agency1 except that the ,state agency may waive such repayment if the ,state agency determines that-- 7#a7 the payment of such covered assistance was without fault on the part of the individual2 and 7#b7 such repayment would be contrary to equity and good conscience4 7c7 ,waiver authority for federal liability ,any waiver of debt issued by a ,state under subsection 7b7 shall also waive the debt owed to the ,united ,states4 7d7 ,reporting 7#a7 ,state reporting ,if a ,state issues a waiver of debt under subsection 7b71 the ,state shall report such waiver to the ,administrator of the ,federal ,emergency ,management ,agency4 7#b7 ,,oig reporting ,not later than #f months after the date of enactment of this ,act1 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 #djh of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagd7 to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,finance1 and the ,subcommittee on ,homeland ,security of the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,transportation and ,infrastructure1 ,committee on ,ways and ,means1 and the ,subcommittee on ,homeland ,security of the ,committee on ,appropriations of the ,house of ,representatives4 #bfc4 ,continuing ,eligibility for ,certain ,recipients of pandemic unemployment assistance 7a7 ,in general ,section #bajb7;c7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijba7;c771 as amended by section #bja1 is further amended by adding at the end the following3 7#f7 ,continued eligibility for assistance ,as a condition of continued eligibility for assistance under this section1 a covered individual shall submit a recertification to the ,state for each week after the individual's #ast week of eligibility that certifies that the individual remains an individual described in subsection 7a77#c77;,a77ii7 for such week4 4 7b7 ,effective date2 special rule 7#a7 ,in general ,the amendment made by subsection 7a7 shall apply with respect to weeks beginning on or after the date that is #cj days after the date of enactment of this section4 7#b7 ,special rule ,in the case of any ,state that made a good faith effort to implement section #bajb of division ,a of the ,,cares ,act 7#ae ,u4,s4,c4 #ijba7 in accordance with rules similar to those provided in section #fbe4f of title #bj1 ,code of ,federal ,regulations1 for weeks ending before the effective date specified in paragraph 7#a71 an individual who received pandemic unemployment assistance from such ,state for any such week shall not be considered ineligible for such assistance for such week solely by reason of failure to submit a recertification described in subsection 7c77#e7 of such section #bajb4 #bfd4 ,technical correction for nonprofit organizations classified as ,federal trust instrumentalities 7a7 ,in general ,section #ijc7;i77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aajc7;i77#a77 is amended-- 7#a7 in subparagraph 7,b71 in the first sentence1 by inserting and to service provided by employees of an entity created by ,public ,law #he-hgd 7#bj ,u4,s4,c4 #gf;h et seq47 after of such ,code applies2 and 7#b7 in subparagraph 7,c71 by inserting or an entity created by ,public ,law #he-hgd 7#bj ,u4,s4,c4 #gf;h et seq47 before the period at the end4 7b7 ,effective date ,the amendments made by this section shall take effect as if included in the enactment of section #bajc of the ,,cares ,act 7,public ,law #aaf-acf74 #bfe4 ,technical correction for the ,commonwealth of ,northern ,mariana ,islands ,a ,commonwealth ,only ,transitional ,worker 7as defined in section #f7;i77#b7 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 ,america1 and for other purposes 7#dh ,u4,s4,c4 #ahjf77 shall be considered a qualified alien under section #dca of ,public ,law #ajd-aic 7#h ,u4,s4,c4 #afda7 for purposes of eligibility for a benefit under section #bajb or #bajd of the ,,cares ,act4 #bff4 ,waiver to preserve access to extended benefits in high unemployment ,states 7a7 ,in general ,for purposes of determining the beginning of an extended benefit period 7or a high unemployment period7 under the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note7 during the period beginning on ,november #a1 #bjbj1 and ending ,december #ca1 #bjba1 section #bjc of such ,act may be applied without regard to subsection 7b77#a77;,b7 of such section4 7b7 ,rulemaking authority2 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 7a71 and shall provide technical assistance to ,states as needed to facilitate such implementation4 ,b ,,covid-related ,tax ,relief ,act of #bjbj #bga4 ,short title2 table of contents 7a7 ,short title ,this subtitle may be cited as the ,,covid-related ,tax ,relief ,act of #bjbj4 7b7 ,amendment of #aihf ,code ,except as otherwise expressly provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,internal ,revenue ,code of #aihf4 7c7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #bga4 ,short title2 table of contents4 ,sec4 #bgb4 ,additional #bjbj recovery rebates for individuals4 ,sec4 #bgc4 ,amendments to recovery rebates under the ,,cares ,act4 ,sec4 #bgd4 ,extension of certain deferred payroll taxes4 ,sec4 #bge4 ,regulations or guidance clarifying application of educator expense tax deduction4 ,sec4 #bgf4 ,clarification of tax treatment of forgiveness of covered loans4 ,sec4 #bgg4 ,emergency financial aid grants4 ,sec4 #bgh4 ,clarification of tax treatment of certain loan forgiveness and other business financial assistance under the ,,cares ,act4 ,sec4 #bgi4 ,authority to waive certain information reporting requirements4 ,sec4 #bhj4 ,application of special rules to money purchase pension plans4 ,sec4 #bha4 ,election to waive application of certain modifications to farming losses4 ,sec4 #bhb4 ,oversight and audit reporting4 ,sec4 #bhc4 ,disclosures to identify tax receivables not eligible for collection pursuant to qualified tax collection contracts4 ,sec4 #bhd4 ,modification of certain protections for taxpayer return information4 ,sec4 #bhe4 #bjbj election to terminate transfer period for qualified transfers from pension plan for covering future retiree costs4 ,sec4 #bhf4 ,extension of credits for paid sick and family leave4 ,sec4 #bhg4 ,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 leave4 ,sec4 #bhh4 ,certain technical improvements to credits for paid sick and family leave4 #bgb4 ,additional #bjbj recovery rebates for individuals 7a7 ,in general ,subchapter ,b of chapter #fe of subtitle ,f is amended by inserting after section #fdbh the following new section3 #fdbh;,a4 ,additional #bjbj recovery rebates for individuals 7a7 ,in general ,in addition to the credit allowed under section #fdbh1 in the case of an eligible individual1 there shall be allowed as a credit against the tax imposed by subtitle ,a for the first taxable year beginning in #bjbj an amount equal to the sum of-- 7#a7 #fjj 7 #a1bjj in the case of eligible individuals filing a joint return71 plus 7#b7 an amount equal to the product of #fjj multiplied by the number of qualifying children 7within the meaning of section #bd7;c77 of the taxpayer4 7b7 ,treatment of credit ,the credit allowed by subsection 7a7 shall be treated as allowed by subpart ,c of part ,,iv of subchapter ,a of chapter #a4 7c7 ,limitation based on adjusted gross income ,the amount of the credit allowed by subsection 7a7 7determined without regard to this subsection and subsection 7e77 shall be reduced 7but not below zero7 by #e percent of so much of the taxpayer's adjusted gross income as exceeds-- 7#a7 #aej1jjj in the case of a joint return or a surviving spouse 7as defined in section #b7;a771 7#b7 #aab1ejj in the case of a head of household 7as defined in section #b7;b771 and 7#c7 #ge1jjj in the case of a taxpayer not described in paragraph 7#a7 or 7#b74 7d7 ,eligible individual ,for purposes of this section1 the term eligible individual means any individual other than-- 7#a7 any nonresident alien individual1 7#b7 any individual with respect to whom a deduction under section #aea is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins1 and 7#c7 an estate or trust4 7e7 ,coordination with advance refunds of credit 7#a7 ,in general ,the amount of the credit which would 7but for this paragraph7 be allowable under this section shall be reduced 7but not below zero7 by the aggregate refunds and credits made or allowed to the taxpayer under subsection 7f74 ,any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section #fbac7;b77#a74 7#b7 ,joint returns ,except as otherwise provided by the ,secretary1 in the case of a refund or credit made or allowed under subsection 7f7 with respect to a joint return1 half of such refund or credit shall be treated as having been made or allowed to each individual filing such return4 7f7 ,advance refunds and credits 7#a7 ,in general ,each individual who was an eligible individual for such individual's first taxable year beginning in #bjai shall be treated as having made a payment against the tax imposed by chapter #a for such taxable year in an amount equal to the advance refund amount for such taxable year4 7#b7 ,advance refund amount ,for purposes of paragraph 7#a71 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 7other than subsection 7e7 and this subsection7 had applied to such taxable year4 ,for purposes of determining the advance refund amount with respect to such taxable year-- 7,a7 any individual who was deceased before ,january #a1 #bjbj1 shall be treated for purposes of applying subsection 7g7 in the same manner as if the valid identification number of such person was not included on the return of tax for such taxable year1 and 7,b7 no amount shall be determined under this subsection with respect to any qualifying child of the taxpayer if-- 7i7 the taxpayer was deceased before ,january #a1 #bjbj1 or 7ii7 in the case of a joint return1 both taxpayers were deceased before ,january #a1 #bjbj4 7#c7 ,timing and manner of payments 7,a7 ,timing 7i7 ,in general ,the ,secretary shall1 subject to the provisions of this title1 refund or credit any overpayment attributable to this subsection as rapidly as possible4 7ii7 ,deadline 7,i7 ,in general ,except as provided in subclause 7,,ii71 no refund or credit shall be made or allowed under this subsection after ,january #ae1 #bjba4 7,,ii7 ,exception for mirror code possessions ,in the case of a possession of the ,united ,states which has a mirror code tax system 7as such terms are defined in section #bgb7;c7 of the ,,covid-related ,tax ,relief ,act of #bjbj71 no refund or credit shall be made or allowed under this subsection after the earlier of-- 7aa7 such date as is determined appropriate by the ,secretary1 or 7bb7 ,september #cj1 #bjba4 7,b7 ,delivery of payments ,notwithstanding any other provision of law1 the ,secretary may certify and disburse refunds payable under this subsection electronically to-- 7i7 any account to which the payee authorized1 on or after ,january #a1 #bjai1 the delivery of a refund of taxes under this title or of a ,federal payment 7as defined in section #cccb of title #ca1 ,united ,states ,code71 7ii7 any account belonging to a payee from which that individual1 on or after ,january #a1 #bjai1 made a payment of taxes under this title1 or 7iii7 any ,treasury-sponsored account 7as defined in section #bjh4b of title #ca1 ,code of ,federal ,regulations74 7,c7 ,waiver of certain rules ,notwithstanding section #ccbe of title #ca1 ,united ,states ,code1 or any other provision of law1 with respect to any payment of a refund under this subsection1 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 #ccbe7;a77#a77;,b7 of such title for the purpose of facilitating the accurate and efficient delivery of such payment4 ,except in cases of fraud or reckless neglect1 no liability under sections #ccbe1 #cebg1 #cebh1 or #cebi of title #ca1 ,united ,states ,code1 shall be imposed with respect to payments made under this subparagraph4 7#d7 ,no interest ,no interest shall be allowed on any overpayment attributable to this subsection4 7#e7 ,application to certain individuals who do not file a return of tax for #bjai 7,a7 ,in general ,in the case of a specified individual who1 at the time of any determination made pursuant to paragraph 7#c71 has not filed a tax return for the year described in paragraph 7#a71 the ,secretary may use information with respect to such individual which is provided by-- 7i7 in the case of a specified social security beneficiary or a specified supplemental security income recipient1 the ,commissioner of ,social ,security1 7ii7 in the case of a specified railroad retirement beneficiary1 the ,railroad ,retirement ,board1 and 7iii7 in the case of a specified veterans beneficiary1 the ,secretary of ,veterans ,affairs 7in coordination with1 and with the assistance of1 the ,commissioner of ,social ,security if appropriate74 7,b7 ,specified individual ,for purposes of this paragraph1 the term specified individual means any individual who is-- 7i7 a specified social security beneficiary1 7ii7 a specified supplemental security income recipient1 7iii7 a specified railroad retirement beneficiary1 or 7iv7 a specified veterans beneficiary4 7,c7 ,specified social security beneficiary 7i7 ,in general ,for purposes of this paragraph1 the term specified social security beneficiary means any individual who1 for the last month for which the ,secretary has available information as of the date of enactment of this section1 is entitled to any monthly insurance benefit payable under title ,,ii of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq471 including payments made pursuant to sections #bjb7;d71 #bbc7;g71 and #bbc7;i77#g7 of such ,act4 7ii7 ,exception ,for purposes of this paragraph1 the term specified social security beneficiary shall not include any individual if such benefit is not payable for such month by reason of section #bjb7x77#a77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djb7x77#a77;,a77 or section #aabi;,a of such ,act 7#db ,u4,s4,c4 #acbj;a-#h;a74 7,d7 ,specified supplemental security income recipient 7i7 ,in general ,for purposes of this paragraph1 the term specified supplemental security income recipient means any individual who1 for the last month for which the ,secretary has available information as of the date of enactment of this section1 is eligible for a monthly benefit payable under title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #acha et seq471 including-- 7,i7 payments made pursuant to section #afad7;a77#c77;,c7 of such ,act 7#db ,u4,s4,c4 #achb;c7a77#c77;,c771 7,,ii7 payments made pursuant to section #afai7;a7 7#db ,u4,s4,c4 #achb;h7a77 or subsections 7a77#d71 7a77#g71 or 7p77#g7 of section #afca 7#db ,u4,s4,c4 #achc7 of such ,act1 and 7,,iii7 ,state supplementary payments of the type referred to in section #afaf7;a7 of such ,act 7#db ,u4,s4,c4 #achb;e7a77 7or payments of the type described in section #bab7;a7 of ,public ,law #ic-ff7 which are paid by the ,commissioner under an agreement referred to in such section #afaf7;a7 7or section #bab7;a7 of ,public ,law #ic-ff74 7ii7 ,exception ,for purposes of this paragraph1 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 #afaa7;e77#a77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #achb7;e77#a77;,a77 or section #aabi;,a of such ,act 7#db ,u4,s4,c4 #acbj;a-#h;a74 7,e7 ,specified railroad retirement beneficiary ,for purposes of this paragraph1 the term specified railroad retirement beneficiary means any individual who1 for the last month for which the ,secretary has available information as of the date of enactment of this section1 is entitled to a monthly annuity or pension payment payable 7without regard to section #e7;a77ii7 of the ,railroad ,retirement ,act of #aigd 7#de ,u4,s4,c4 #bca;d7a77ii777 under-- 7i7 section #b7;a77#a7 of such ,act 7#de ,u4,s4,c4 #bca;a7a77#a771 7ii7 section #b7;c7 of such ,act 7#de ,u4,s4,c4 #bca;a7c771 7iii7 section #b7;d77#a7 of such ,act 7#de ,u4,s4,c4 #bca;a7d77#a771 or 7iv7 section #g7;b77#b7 of such ,act 7#de ,u4,s4,c4 #bca;f7b77#b77 with respect to any of the benefit payments described in subparagraph 7,c77i74 7,f7 ,specified veterans beneficiary 7i7 ,in general ,for purposes of this paragraph1 the term specified veterans beneficiary means any individual who1 for the last month for which the ,secretary has available information as of the date of enactment of this section1 is entitled to a compensation or pension payment payable under-- 7,i7 section #aaaj1 #aaag1 #aaba1 #aaca1 #aada1 or #aaea of title #ch1 ,united ,states ,code1 7,,ii7 section #acaj1 #acab1 #acac1 #acae1 #acaf1 or #acah of title #ch1 ,united ,states ,code1 7,,iii7 section #aeac1 #aeba1 #aecc1 #aecf1 #aecg1 #aeda1 #aedb1 or #aefb of title #ch1 ,united ,states ,code1 or 7,,iv7 section #ahje1 #ahae1 or #ahba of title #ch1 ,united ,states ,code1 to a veteran1 surviving spouse1 child1 or parent as described in paragraph 7#b71 7#c71 7#d77;,a77ii71 or 7#e7 of section #aja1 title #ch1 ,united ,states ,code4 7ii7 ,exception ,for purposes of this paragraph1 the term specified veterans beneficiary shall not include any individual if such compensation or pension payment is not payable1 or was reduced1 for such month by reason of section #aeje or #ecac of title #ch1 ,united ,states ,code4 7,g7 ,subsequent determinations and redeterminations not taken into account ,for purposes of this section1 any individual's status as a specified social security beneficiary1 a specified supplemental security income recipient1 a specified railroad retirement beneficiary1 or a specified veterans beneficiary shall be unaffected by any determination or redetermination of any entitlement to1 or eligibility for1 any benefit1 payment1 or compensation1 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 section4 7,h7 ,payment to representative payees and fiduciaries 7i7 ,in general ,if the benefit1 payment1 or compensation referred to in subparagraph 7,c77i71 7,d77i71 7,e71 or 7,f77i7 with respect to any specified individual is paid to a representative payee or fiduciary1 payment by the ,secretary under paragraph 7#c7 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 payment4 7ii7 ,application of enforcement provisions 7,i7 ,in the case of a payment described in clause 7i7 which is made with respect to a specified social security beneficiary or a specified supplemental security income recipient1 section #aabi7;a77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#h7;a77#c77 shall apply to such payment in the same manner as such section applies to a payment under title ,,ii or ,,xvi of such ,act4 7,,ii7 ,in the case of a payment described in clause 7i7 which is made with respect to a specified railroad retirement beneficiary1 section #ac of the ,railroad ,retirement ,act 7#de ,u4,s4,c4 #bcal7 shall apply to such payment in the same manner as such section applies to a payment under such ,act4 7,,iii7 ,in the case of a payment described in clause 7i7 which is made with respect to a specified veterans beneficiary1 sections #eejb1 #fajf1 and #fajh of title #ch1 ,united ,states ,code1 shall apply to such payment in the same manner as such sections apply to a payment under such title4 7,i7 ,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 7a7 merely because such individual is not a specified individual 7including by reason of subparagraph 7,c77ii71 7,d77ii71 or 7,f77ii774 7#f7 ,notice to taxpayer ,as soon as practicable after the date on which the ,secretary distributed any payment to an eligible taxpayer pursuant to this subsection1 the ,secretary shall send notice by mail to such taxpayer's last known address4 ,such notice shall indicate the method by which such payment was made1 the amount of such payment1 and a phone number for the appropriate point of contact at the ,internal ,revenue ,service to report any failure to receive such payment4 7g7 ,identification number requirement 7#a7 ,in general ,in the case of a return other than a joint return1 the #fjj amount in subsection 7a77#a7 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 year4 7#b7 ,joint returns ,in the case of a joint return1 the #a1bjj amount in subsection 7a77#a7 shall be treated as being-- 7,a7 #fjj if the valid identification number of only #a spouse is included on the return of tax for the taxable year1 and 7,b7 zero if the valid identification number of neither spouse is so included4 7#c7 ,qualifying child ,a qualifying child of a taxpayer shall not be taken into account under subsection 7a77#b7 unless-- 7,a7 the taxpayer includes the valid identification number of such taxpayer 7or1 in the case of a joint return1 the valid identification number of at least #a spouse7 on the return of tax for the taxable year1 and 7,b7 the valid identification number of such qualifying child is included on the return of tax for the taxable year4 7#d7 ,valid identification number 7,a7 ,in general ,for purposes of this subsection1 the term valid identification number means a social security number 7as such term is defined in section #bd7;h77#g774 7,b7 ,adoption taxpayer identification number ,for purposes of paragraph 7#c77;,b71 in the case of a qualifying child who is adopted or placed for adoption1 the term valid identification number shall include the adoption taxpayer identification number of such child4 7#e7 ,special rule for members of the ,armed ,forces ,paragraph 7#b7 shall not apply in the case where at least #a 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 #a spouse is included on the return of tax for the taxable year4 7#f7 ,coordination with certain advance payments ,in the case of any payment under subsection 7f7 which is based on information provided under paragraph 7#e7 of such subsection1 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 7f77#e74 7#g7 ,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 #fbac7;g77#b7 to such omission4 7h7 ,regulations ,the ,secretary shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section1 including any such measures as are deemed appropriate to avoid allowing multiple credits or rebates to a taxpayer4 4 7b7 ,administrative amendments 7#a7 ,definition of deficiency ,section #fbaa7;b77#d77;,a7 is amended by striking and #fdbh and inserting #fdbh1 and #fdbh;,a4 7#b7 ,mathematical or clerical error authority ,section #fbac7;g77#b77,l7 is amended by striking or #fdbh and inserting #fdbh1 or #fdbh;,a4 7c7 ,treatment of possessions 7#a7 ,payments to possessions 7,a7 ,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 7if any7 to that possession by reason of the amendments made by this section4 ,such amounts shall be determined by the ,secretary of the ,treasury based on information provided by the government of the respective possession4 7,b7 ,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 7if any7 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 possession4 ,the preceding sentence shall not apply unless the respective possession has a plan1 which has been approved by the ,secretary of the ,treasury1 under which such possession will promptly distribute such payments to its residents4 7#b7 ,coordination with credit allowed against united states income taxes ,no credit shall be allowed against ,united ,states income taxes under section #fdbh;,a of the ,internal ,revenue ,code of #aihf 7as added by this section7 to any person-- 7,a7 to whom a credit is allowed against taxes imposed by the possession by reason of the amendments made by this section1 or 7,b7 who is eligible for a payment under a plan described in paragraph 7#a77;,b74 7#c7 ,definitions and special rules 7,a7 ,possession of the united states ,for purposes of this subsection1 the term possession of the ,united ,states includes the ,commonwealth of ,puerto ,rico and the ,commonwealth of the ,northern ,mariana ,islands4 7,b7 ,mirror code tax system ,for purposes of this subsection1 the term mirror code tax system means1 with respect to any possession of the ,united ,states1 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 ,states4 7,c7 ,treatment of payments ,for purposes of section #acbd of title #ca1 ,united ,states ,code1 the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection 7b77#b7 of such section4 7d7 ,administrative provisions 7#a7 ,exception from reduction or offset ,any refund payable by reason of section #fdbh;,a7f7 of the ,internal ,revenue ,code of #aihf 7as added by this section71 or any such refund payable by reason of subsection 7c7 of this section1 shall not be-- 7,a7 subject to reduction or offset pursuant to section #cgaf or #cgbj;,a of title #ca1 ,united ,states ,code1 7,b7 subject to reduction or offset pursuant to subsection 7c71 7d71 7e71 or 7f7 of section #fdjb of the ,internal ,revenue ,code of #aihf1 or 7,c7 reduced or offset by other assessed ,federal taxes that would otherwise be subject to levy or collection4 7#b7 ,assignment of benefits 7,a7 ,in general ,the right of any person to any applicable payment shall not be transferable or assignable1 at law or in equity1 and no applicable payment shall be subject to1 execution1 levy1 attachment1 garnishment1 or other legal process1 or the operation of any bankruptcy or insolvency law4 7,b7 ,encoding of payments ,in the case of an applicable payment described in subparagraph 7,e77iii77,i7 that is paid electronically by direct deposit through the ,automated ,clearing ,house 7,,ach7 network1 the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall-- 7i7 issue the payment using a unique identifier that is reasonably sufficient to allow a financial institution to identify the payment as an applicable payment1 and 7ii7 further encode the payment pursuant to the same specifications as required for a benefit payment defined in section #bab4c of title #ca1 ,code of ,federal ,regulations4 7,c7 ,garnishment 7i7 ,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 7,b71 a financial institution shall follow the requirements and procedures set forth in part #bab of title #ca1 ,code of ,federal ,regulations1 except-- 7,i7 notwithstanding section #bab4d of title #ca1 ,code of ,federal ,regulations 7and except as provided in subclause 7,,ii771 a financial institution shall not fail to follow the procedures of sections #bab4e and #bab4f of such title with respect to a garnishment order merely because such order has attached1 or includes1 a notice of right to garnish federal benefits issued by a ,state child support enforcement agency1 and 7,,ii7 a financial institution shall not1 with regard to any applicable payment1 be required to provide the notice referenced in sections #bab4f and #bab4g of title #ca1 ,code of ,federal ,regulations4 7ii7 ,other payments ,in the case of a garnishment order 7other than an order that has been served by the ,united ,states7 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 7,b7 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 period1 the financial institution1 upon the request of the account holder1 shall treat the amount of the funds in the account at the time of the request1 up to the amount of the applicable payment 7in addition to any amounts otherwise protected under part #bab of title #ca1 ,code of ,federal ,regulations71 as exempt from a garnishment order without requiring the consent of the party serving the garnishment order or the judgment creditor4 7iii7 ,liability ,a financial institution that acts in good faith in reliance on clauses 7i7 or 7ii7 shall not be subject to liability or regulatory action under any ,federal or ,state law1 regulation1 court or other order1 or regulatory interpretation for actions concerning any applicable payments4 7,d7 ,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 ,internal ,revenue ,service as per part #baj of title #ca1 ,code of ,federal ,regulations4 7,e7 ,definitions ,for purposes of this paragraph-- 7i7 ,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 account4 7ii7 ,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 period4 ,the financial institution shall perform the account review following the procedures outlined in section #bab4e of title #ca1 ,code of ,federal ,regulations and in accordance with the requirements of section #bab4f of title #ca1 ,code of ,federal ,regulations4 7iii7 ,applicable payment ,the term applicable payment means-- 7,i7 any advance refund amount paid pursuant to section #fdbh;,a7f7 of ,internal ,revenue ,code of #aihf 7as added by this section71 7,,ii7 any payment made by a possession of the ,united ,states with a mirror code tax system 7as defined in subsection 7c7 of this section7 pursuant to such subsection which corresponds to a payment described in subclause 7,i71 and 7,,iii7 any payment made by a possession of the ,united ,states without a mirror code tax system 7as so defined7 pursuant to subsection 7c7 of this section4 7iv7 ,garnishment ,the term garnishment means execution1 levy1 attachment1 garnishment1 or other legal process4 7v7 ,garnishment order ,the term garnishment order means a writ1 order1 notice1 summons1 judgment1 levy1 or similar written instruction issued by a court1 a ,state or ,state agency1 a municipality or municipal corporation1 or a ,state child support enforcement agency1 including a lien arising by operation of law for overdue child support or an order to freeze the assets in an account1 to effect a garnishment against a debtor4 7vi7 ,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 earlier1 or on the last date of the month two months earlier if the corresponding date does not exist4 7#c7 ,agency information sharing and assistance 7,a7 ,in general ,the ,commissioner of ,social ,security1 the ,railroad ,retirement ,board1 and the ,secretary of ,veterans ,affairs shall each provide the ,secretary of the ,treasury 7or the ,secretary's delegate7 such information and assistance as the ,secretary of the ,treasury 7or the ,secretary's delegate7 may require for purposes of-- 7i7 making payments under section #fdbh;,a7f7 of the ,internal ,revenue ,code of #aihf to individuals described in paragraph 7#e77;,a7 thereof1 or 7ii7 providing administrative assistance to a possession of the ,united ,states 7as defined in subsection 7c77#c77;,a77 to allow such possession to promptly distribute payments under subsection 7c7 to its residents4 7,b7 ,exchange of information with possessions ,any information provided to the ,secretary of the ,treasury 7or the ,secretary's delegate7 pursuant to subparagraph 7,a77ii7 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 possession4 7e7 ,public awareness campaign ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall conduct a public awareness campaign1 in coordination with the ,commissioner of ,social ,security and the heads of other relevant ,federal agencies1 to provide information regarding the availability of the credit and rebate allowed under section #fdbh;,a of the ,internal ,revenue ,code of #aihf 7as added by this section71 including information with respect to individuals who may not have filed a tax return for taxable year #bjai4 7f7 ,appropriations to carry out rebates and address ,,covid-related tax administration issues 7#a7 ,in general ,immediately upon the enactment of this ,act1 the following sums are appropriated1 out of any money in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjba3 7,a7 ,department of the ,treasury 7i7 ,for an additional amount for ,department of the ,treasury--,internal ,revenue ,service--,taxpayer ,services1 #agh1cce1jjj1 to remain available until ,september #cj1 #bjba4 7ii7 ,for an additional amount for ,department of the ,treasury--,internal ,revenue ,service--,operations ,support1 #bgc1bcg1jjj1 to remain available until ,september #cj1 #bjba4 7iii7 ,for an additional amount for ,department of ,treasury--,internal ,revenue ,service--,enforcement1 #eg1dbh1jjj1 to remain available until ,september #cj1 #bjba4 ,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 ,senate4 ,such transfer authority is in addition to any other transfer authority provided by law4 7,b7 ,social ,security ,administration ,for an additional amount for ,social ,security ,administration--,limitation on ,administrative ,expenses1 #ch1jjj1jjj1 to remain available until ,september #cj1 #bjba4 7,c7 ,railroad ,retirement ,board ,for an additional amount for ,railroad ,retirement ,board--,limitation on ,administration1 #h1cjj1 to remain available until ,september #cj1 #bjba4 7#b7 ,reports ,no later than #ae days after enactment of this ,act1 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 7#a77;,a74 ,beginning #ij days after enactment of this ,act1 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 7#a77;,a7 and the expected expenditure of such funds in the subsequent quarter4 7g7 ,conforming amendments 7#a7 ,paragraph 7#b7 of section #acbd7;b7 of title #ca1 ,united ,states ,code1 is amended by inserting 8#fdbh;,a10 after 8#fdbh104 7#b7 ,the table of sections for subchapter ,b of chapter #fe of subtitle ,f is amended by inserting after the item relating to section #fdbh the following3 ,sec4 #fdbh;,a4 ,additional #bjbj recovery rebates for individuals4 4 #bgc4 ,amendments to recovery rebates under the ,,cares ,act 7a7 ,amendments to section #fdbh of the ,internal ,revenue ,code of #aihf ,section #fdbh is amended-- 7#a7 in subsection 7c77#a71 by inserting or a surviving spouse 7as defined in section #b7;a77 after joint return1 7#b7 in subsection 7f7-- 7,a7 in paragraph 7#c77;,a71 by striking section and inserting subsection1 7,b7 in paragraph 7#d71 by striking section and inserting subsection1 and 7,c7 by redesignating paragraph 7#f7 as paragraph 7#g7 and by inserting after paragraph 7#e7 the following new paragraph3 7#f7 ,payment to representative payees and fiduciaries 7,a7 ,in general ,in the case of any individual for which payment information is provided to the ,secretary by the ,commissioner of ,social ,security1 the ,railroad ,retirement ,board1 or the ,secretary of ,veterans ,affairs1 the payment by the ,secretary under paragraph 7#c7 with respect to such individual may be made to such individual's representative payee or fiduciary and the entire payment shall be-- 7i7 provided to the individual who is entitled to the payment1 or 7ii7 used only for the benefit of the individual who is entitled to the payment4 7,b7 ,application of enforcement provisions 7i7 ,in the case of a payment described in subparagraph 7,a7 which is made with respect to a social security beneficiary or a supplemental security income recipient1 section #aabi7;a77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#h7;a77#c77 shall apply to such payment in the same manner as such section applies to a payment under title ,,ii or ,,xvi of such ,act4 7ii7 ,in the case of a payment described in subparagraph 7,a7 which is made with respect to a railroad retirement beneficiary1 section #ac of the ,railroad ,retirement ,act 7#de ,u4,s4,c4 #bcal7 shall apply to such payment in the same manner as such section applies to a payment under such ,act4 7iii7 ,in the case of a payment described in subparagraph 7,a7 which is made with respect to a veterans beneficiary1 sections #eejb1 #fajf1 and #fajh of title #ch1 ,united ,states ,code1 shall apply to such payment in the same manner as such sections apply to a payment under such title4 1 and 7#c7 by striking subsection 7g7 and inserting the following3 7g7 ,identification number requirement 7#a7 ,requirements for credit ,subject to paragraph 7#b71 with respect to the credit allowed under subsection 7a71 the following provisions shall apply3 7,a7 ,in general ,in the case of a return other than a joint return1 the #a1bjj amount in subsection 7a77#a7 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 year4 7,b7 ,joint returns ,in the case of a joint return1 the #b1djj amount in subsection 7a77#a7 shall be treated as being-- 7i7 #a1bjj if the valid identification number of only #a spouse is included on the return of tax for the taxable year1 and 7ii7 zero if the valid identification number of neither spouse is so included4 7,c7 ,qualifying child ,a qualifying child of a taxpayer shall not be taken into account under subsection 7a77#b7 unless-- 7i7 the taxpayer includes the valid identification number of such taxpayer 7or1 in the case of a joint return1 the valid identification number of at least #a spouse7 on the return of tax for the taxable year1 and 7ii7 the valid identification number of such qualifying child is included on the return of tax for the taxable year4 7#b7 ,requirements for advance refunds ,no refund shall be payable under subsection 7f7 to an eligible individual who does not include on the return of tax for the taxable year-- 7,a7 such individual's valid identification number1 7,b7 in the case of a joint return1 the valid identification number of such individual's spouse1 and 7,c7 in the case of any qualifying child taken into account under subsection 7a77#b71 the valid identification number of such qualifying child4 7#c7 ,valid identification number 7,a7 ,in general ,for purposes of this subsection1 the term valid identification number means a social security number 7as such term is defined in section #bd7;h77#g774 7,b7 ,adoption taxpayer identification number ,for purposes of paragraphs 7#a77;,c7 and 7#b77;,c71 in the case of a qualifying child who is adopted or placed for adoption1 the term valid identification number shall include the adoption taxpayer identification number of such child4 7#d7 ,special rule for members of the ,armed ,forces ,paragraphs 7#a77;,b7 and 7#b77;,b7 shall not apply in the case where at least #a 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 #a spouse is included on the return of tax for the taxable year4 7#e7 ,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 #fbac7;g77#b7 to such omission4 4 7b7 ,amendments to section #bbja of the ,,cares ,act ,section #bbja of the ,,cares ,act is amended-- 7#a7 in subsection 7d71 by striking ,any credit or refund allowed or made to any individual by reason of section #fdbh of the ,internal ,revenue ,code of #aihf 7as added by this section7 or by reason of subsection 7c7 of this section and inserting ,any refund payable by reason of section #fdbh7;f7 of the ,internal ,revenue ,code of #aihf 7as added by this section71 or any such refund payable by reason of subsection 7c7 of this section11 and 7#b7 in subsection 7f77#a77;,a77i71 by inserting after ,september #cj1 #bjba the following3 1 of which up to #fc1jjj1jjj may be transferred to the 8,department of the ,treasury--,bureau of the ,fiscal ,service--,debt ,collection0 for necessary expenses related to the implementation and operation of ,governmentwide debt collection activities pursuant to sections #cgaa7;g71 #cgaf1 and #cgbj;,a of title #ca1 ,united ,states ,code1 and subsections 7c7 through 7f7 of section #fdjb of the ,internal ,revenue ,code of #aihf to offset the loss resulting from the coronavirus pandemic of debt collection receipts collected pursuant to such sections3 ,provided1 ,that amounts transferred pursuant to this clause shall be in addition to any other funds made available for this purpose4 7c7 ,effective date ,the amendments made by this section shall take effect as if included in section #bbja of the ,,cares ,act4 #bgd4 ,extension of certain deferred payroll taxes ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall ensure that ,internal ,revenue ,service ,notice #bjbj-fe 7entitled 8,relief with ,respect to ,employment ,tax ,deadlines ,applicable to ,employers ,affected by the ,ongoing ,coronavirus 7,,covid-#ai7 ,disease #bjai ,pandemic07 and any successor or related regulation1 notice1 or guidance is applied-- 7#a7 by substituting ,december #ca1 #bjba for ,april #cj1 #bjba each place it appears therein1 and 7#b7 by substituting ,january #a1 #bjbb for ,may #a1 #bjba each place it appears therein4 #bge4 ,regulations or guidance clarifying application of educator expense tax deduction ,not later than ,february #bh1 #bjba1 the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall by regulation or other guidance clarify that personal protective equipment1 disinfectant1 and other supplies used for the prevention of the spread of ,,covid-#ai are treated as described in section #fb7;a77#b77;,d77ii7 of the ,internal ,revenue ,code of #aihf4 ,such regulations or other guidance shall apply to expenses paid or incurred after ,march #ab1 #bjbj4 #bgf4 ,clarification of tax treatment of forgiveness of covered loans 7a7 ,original paycheck protection program loans 7#a7 ,in general ,subsection 7i7 of section #g;,a of the ,small ,business ,act1 as redesignated1 transferred1 and amended by the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act1 is amended to read as follows3 7i7 ,tax treatment ,for purposes of the ,internal ,revenue ,code of #aihf-- 7#a7 no amount shall be included in the gross income of the eligible recipient by reason of forgiveness of indebtedness described in subsection 7b71 7#b7 no deduction shall be denied1 no tax attribute shall be reduced1 and no basis increase shall be denied1 by reason of the exclusion from gross income provided by paragraph 7#a71 and 7#c7 in the case of an eligible recipient that is a partnership or ,s corporation-- 7,a7 any amount excluded from income by reason of paragraph 7#a7 shall be treated as tax exempt income for purposes of sections #gje and #acff of the ,internal ,revenue ,code of #aihf1 and 7,b7 except as provided by the ,secretary of the ,treasury 7or the ,secretary's delegate71 any increase in the adjusted basis of a partner's interest in a partnership under section #gje of the ,internal ,revenue ,code of #aihf with respect to any amount described in subparagraph 7,a7 shall equal the partner's distributive share of deductions resulting from costs giving rise to forgiveness described in subsection 7b74 4 7#b7 ,effective date ,the amendment made by this subsection shall apply to taxable years ending after the date of the enactment of the ,,cares ,act4 7b7 ,subsequent paycheck protection program loans ,for purposes of the ,internal ,revenue ,code of #aihf1 in the case of any taxable year ending after the date of the enactment of this ,act-- 7#a7 no amount shall be included in the gross income of an eligible entity 7within the meaning of subparagraph 7,j7 of section #g7;a77#cg7 of the ,small ,business ,act7 by reason of forgiveness of indebtedness described in clause 7ii7 of such subparagraph1 7#b7 no deduction shall be denied1 no tax attribute shall be reduced1 and no basis increase shall be denied1 by reason of the exclusion from gross income provided by paragraph 7#a71 and 7#c7 in the case of an eligible entity that is a partnership or ,s corporation-- 7,a7 any amount excluded from income by reason of paragraph 7#a7 shall be treated as tax exempt income for purposes of sections #gje and #acff of the ,internal ,revenue ,code of #aihf1 and 7,b7 except as provided by the ,secretary of the ,treasury 7or the ,secretary's delegate71 any increase in the adjusted basis of a partner's interest in a partnership under section #gje of the ,internal ,revenue ,code of #aihf with respect to any amount described in subparagraph 7,a7 shall equal the partner's distributive share of deductions resulting from costs giving rise to the forgiveness of indebtedness referred to in paragraph 7#a74 #bgg4 ,emergency financial aid grants 7a7 ,in general ,in the case of a student receiving a qualified emergency financial aid grant-- 7#a7 such grant shall not be included in the gross income of such individual for purposes of the ,internal ,revenue ,code of #aihf1 and 7#b7 such grant shall not be treated as described in subparagraph 7,a71 7,b71 or 7,c7 of section #be;,a7g77#b7 of such ,code4 7b7 ,definitions ,for purposes of this subsection1 the term qualified emergency financial aid grant means-- 7#a7 any emergency financial aid grant awarded by an institution of higher education under section #cejd of the ,,cares ,act1 7#b7 any emergency financial aid grant from an institution of higher education made with funds made available under section #ahjjd of the ,,cares ,act1 and 7#c7 any other emergency financial aid grant made to a student from a ,federal agency1 a ,state1 an ,indian tribe1 an institution of higher education1 or a scholarship-granting organization 7including a tribal organization1 as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4#ecjd77 for the purpose of providing financial relief to students enrolled at institutions of higher education in response to a qualifying emergency 7as defined in section #cejb7;a77#d7 of the ,,cares ,act74 7c7 ,limitation ,this section shall not apply to that portion of any amount received which represents payment for teaching1 research1 or other services required as a condition for receiving the qualified emergency financial aid grant4 7d7 ,effective date ,this section shall apply to qualified emergency financial aid grants made after ,march #bf1 #bjbj4 #bgh4 ,clarification of tax treatment of certain loan forgiveness and other business financial assistance 7a7 ,united ,states ,treasury program management authority ,for purposes of the ,internal ,revenue ,code of #aihf-- 7#a7 no amount shall be included in the gross income of a borrower by reason of forgiveness of indebtedness described in section #aaji7;d77#b77;,d7 of the ,,cares ,act1 7#b7 no deduction shall be denied1 no tax attribute shall be reduced1 and no basis increase shall be denied1 by reason of the exclusion from gross income provided by paragraph 7#a71 and 7#c7 in the case of a borrower that is a partnership or ,s corporation-- 7,a7 any amount excluded from income by reason of paragraph 7#a7 shall be treated as tax exempt income for purposes of sections #gje and #acff of the ,internal ,revenue ,code of #aihf1 and 7,b7 except as provided by the ,secretary of the ,treasury 7or the ,secretary's delegate71 any increase in the adjusted basis of a partner's interest in a partnership under section #gje of the ,internal ,revenue ,code of #aihf with respect to any amount described in subparagraph 7,a7 shall equal the partner's distributive share of deductions resulting from costs giving rise to forgiveness described in section #aaji7;d77#b77;,d7 of the ,,cares ,act4 7b7 ,emergency ,,eidl grants and targeted ,,eidl advances ,for purposes of the ,internal ,revenue ,code of #aihf-- 7#a7 any advance described in section #aaaj7;e7 of the ,,cares ,act or any funding under section #cca of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act shall not be included in the gross income of the person that receives such advance or funding1 7#b7 no deduction shall be denied1 no tax attribute shall be reduced1 and no basis increase shall be denied1 by reason of the exclusion from gross income provided by paragraph 7#a71 and 7#c7 in the case of a partnership or ,s corporation that receives such advance or funding-- 7,a7 any amount excluded from income by reason of paragraph 7#a7 shall be treated as tax exempt income for purposes of sections #gje and #acff of the ,internal ,revenue ,code of #aihf1 and 7,b7 the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall prescribe rules for determining a partner's distributive share of any amount described in subparagraph 7,a7 for purposes of section #gje of the ,internal ,revenue ,code of #aihf4 7c7 ,subsidy for certain loan payments ,for purposes of the ,internal ,revenue ,code of #aihf-- 7#a7 any payment described in section #aaab7;c7 of the ,,cares ,act shall not be included in the gross income of the person on whose behalf such payment is made1 7#b7 no deduction shall be denied1 no tax attribute shall be reduced1 and no basis increase shall be denied1 by reason of the exclusion from gross income provided by paragraph 7#a71 and 7#c7 in the case of a partnership or ,s corporation on whose behalf of a payment described in section #aaab7;c7 of the ,,cares ,act is made-- 7,a7 any amount excluded from income by reason of paragraph 7#a7 shall be treated as tax exempt income for purposes of sections #gje and #acff of the ,internal ,revenue ,code of #aihf1 and 7,b7 except as provided by the ,secretary of the ,treasury 7or the ,secretary's delegate71 any increase in the adjusted basis of a partner's interest in a partnership under section #gje of the ,internal ,revenue ,code of #aihf with respect to any amount described in subparagraph 7,a7 shall equal the sum of the partner's distributive share of deductions resulting from interest and fees described in section #aaab7;c7 of the ,,cares ,act and the partner's share1 as determined under section #geb of the ,internal ,revenue ,code of #aihf1 of principal described in section #aaab7;c7 of the ,,cares ,act4 7d7 ,grants for shuttered venue operators ,for purposes of the ,internal ,revenue ,code of #aihf-- 7#a7 any grant made under section #cbd of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act shall not be included in the gross income of the person that receives such grant1 7#b7 no deduction shall be denied1 no tax attribute shall be reduced1 and no basis increase shall be denied1 by reason of the exclusion from gross income provided by paragraph 7#a71 and 7#c7 in the case of a partnership or ,s corporation that receives such grant-- 7,a7 any amount excluded from income by reason of paragraph 7#a7 shall be treated as tax exempt income for purposes of sections #gje and #acff of the ,internal ,revenue ,code of #aihf1 and 7,b7 the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall prescribe rules for determining a partner's distributive share of any amount described in subparagraph 7,a7 for purposes of section #gje of the ,internal ,revenue ,code of #aihf4 7e7 ,effective dates 7#a7 ,in general ,except as otherwise provided in this subsection1 subsections 7a71 7b71 and 7c7 shall apply to taxable years ending after the date of the enactment of the ,,cares ,act4 7#b7 ,grants for shuttered venue operators2 targeted ,,eidl advances ,subsection 7d71 and so much of subsection 7b7 as relates to funding under section #cca of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act1 shall apply to taxable years ending after the date of the enactment of this ,act4 #bgi4 ,authority to waive certain information reporting requirements ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 may provide an exception from any requirement to file an information return otherwise required by chapter #fa of the ,internal ,revenue ,code of #aihf with respect to any amount excluded from gross income by reason of section #g;,a7i7 of the ,small ,business ,act or section #bgf7;b71 #bgg1 or #bgh of this subtitle4 #bhj4 ,application of special rules to money purchase pension plans 7a7 ,in general ,section #bbjb7;a77#f77;,b7 of the ,,cares ,act is amended by inserting 1 and1 in the case of a money purchase pension plan1 a coronavirus-related distribution which is an in-service withdrawal shall be treated as meeting the distribution rules of section #dja7;a7 of the ,internal ,revenue ,code of #aihf before the period4 7b7 ,effective date ,the amendment made by this section shall apply as if included in the enactment of section #bbjb of the ,,cares ,act4 #bha4 ,election to waive application of certain modifications to farming losses 7a7 ,in general ,section #bcjc of the ,,cares ,act is amended by adding at the end the following new subsection3 7e7 ,special rules with respect to farming losses 7#a7 ,election to disregard application of amendments made by subsections 7a7 and 7b7 7,a7 ,in general ,if a taxpayer who has a farming loss 7within the meaning of section #agb7;b77#a77;,b77ii7 of the ,internal ,revenue ,code of #aihf7 for any taxable year beginning in #bjah1 #bjai1 or #bjbj makes an election under this paragraph1 then-- 7i7 the amendments made by subsection 7a7 shall not apply to any taxable year beginning in #bjah1 #bjai1 or #bjbj1 and 7ii7 the amendments made by subsection 7b7 shall not apply to any net operating loss arising in any taxable year beginning in #bjah1 #bjai1 or #bjbj4 7,b7 ,election 7i7 ,in general ,except as provided in clause 7ii77,,ii71 an election under this paragraph shall be made in such manner as may be prescribed by the ,secretary4 ,such election1 once made1 shall be irrevocable4 7ii7 ,time for making election 7,i7 ,in general ,an election under this paragraph shall be made by the due date 7including extensions of time7 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 #bjbj4 7,,ii7 ,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 #bjbj which disregards the amendments made by subsections 7a7 and 7b71 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 7including extensions of time7 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 #bjbj4 7,c7 ,regulations ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall issue such regulations and other guidance as may be necessary to carry out the purposes of this paragraph1 including regulations and guidance relating to the application of the rules of section #agb7;a7 of the ,internal ,revenue ,code of #aihf 7as in effect before the date of the enactment of the ,,cares ,act7 to taxpayers making an election under this paragraph4 7#b7 ,revocation of election to waive carryback ,the last sentence of section #agb7;b77#c7 of the ,internal ,revenue ,code of #aihf and the last sentence of section #agb7;b77#a77;,b7 of such ,code shall not apply to any election-- 7,a7 which was made before the date of the enactment of the ,,covid-related ,tax ,relief ,act of #bjbj1 and 7,b7 which relates to the carryback period provided under section #agb7;b77#a77;,b7 of such ,code with respect to any net operating loss arising in taxable years beginning in #bjah or #bjai4 4 7b7 ,effective date ,the amendment made by this section shall take effect as if included in section #bcjc of the ,,cares ,act4 #bhb4 ,oversight and audit reporting ,section #aijaj7;a77#a7 of the ,,cares ,act is amended by striking and at the end of subparagraph 7,f71 by striking and at the end of subparagraph 7,g71 and by adding at the end the following new subparagraphs3 7,h7 the ,committee on ,finance of the ,senate2 and 7,i7 the ,committee on ,ways and ,means of the ,house of ,representatives2 and 4 #bhc4 ,disclosures to identify tax receivables not eligible for collection pursuant to qualified tax collection contracts 7a7 ,in general ,section #aajf of the ,social ,security ,act 7#db ,u4,s4,c4 #acjf7 is amended by adding at the end the following3 7g7 ,notwithstanding any other provision of this section1 the ,commissioner of ,social ,security shall enter into an agreement with the ,secretary of the ,treasury under which-- 7#a7 if the ,secretary provides the ,commissioner with the information described in section #fajc7k77#ae7 of the ,internal ,revenue ,code of #aihf with respect to any individual1 the ,commissioner shall indicate to the ,secretary as to whether such individual receives disability insurance benefits under section #bbc or supplemental security income benefits under title ,,xvi 7including ,state supplementary payments of the type referred to in section #afaf7;a7 or payments of the type described in section #bab7;a7 of ,public ,law #ic-ff72 7#b7 appropriate safeguards are included to assure that the indication described in paragraph 7#a7 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 #fcjf7;d77#c77;,e7 of the ,internal ,revenue ,code of #aihf2 and 7#c7 the ,secretary shall pay the ,commissioner of ,social ,security the full costs 7including systems and administrative costs7 of providing the indication described in paragraph 7#a74 4 7b7 ,authorization of disclosure by ,secretary of the ,treasury 7#a7 ,in general ,section #fajc7k7 is amended by adding at the end the following new paragraph3 7#ae7 ,disclosures to ,social ,security ,administration 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 7as defined in section #fcjf7;b771 the ,secretary may disclose the taxpayer identity and date of birth of such individual to officers1 employees1 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 #fcjf7;d77#c77;,e74 4 7#b7 ,conforming amendments related to safeguards 7,a7 ,section #fajc7;a77#c7 is amended by striking or 7#ad7 and inserting 7#ad71 or 7#ae74 7,b7 ,section #fajc7p77#d7 is amended-- 7i7 by striking 7k77#h71 7#aj7 or 7#aa7 both places it appears and inserting 7k77#h71 7#aj71 7#aa71 or 7#ae71 and 7ii7 by striking any other person described in subsection 7k77#aj7 each place it appears and inserting any other person described in subsection 7k77#aj7 or 7#ae74 7,c7 ,section #gbac7;a77#b7 is amended by striking 7k77#aj71 7#ac71 or 7#ad7 and inserting 7k77#aj71 7#ac71 7#ad71 or 7#ae74 7c7 ,effective date ,the amendments made by this section shall apply to disclosures made on or after the date of the enactment of this ,act4 #bhd4 ,modification of certain protections for taxpayer return information 7a7 ,amendments to the ,internal ,revenue ,code of #aihf 7#a7 ,in general ,subparagraph 7,d7 of section #fajc7l77#ac7 is amended-- 7,a7 by inserting at the end of clause 7iii7 the following new sentence3 ,under such terms and conditions as may be prescribed by the ,secretary1 after consultation with the ,department of ,education1 an institution of higher education described in subclause 7,i7 or a ,state higher education agency described in subclause 7,,ii7 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 application1 award1 and administration of such financial aid41 and 7,b7 by adding at the end the following3 7iv7 ,redisclosure to ,office of ,inspector ,general1 independent auditors1 and contractors ,any return information which is redisclosed under clause 7iii7-- 7,i7 may be further disclosed by persons described in subclauses 7,i71 7,,ii71 or 7,,iii7 of clause 7iii7 or persons designated in the last sentence of clause 7iii7 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 received1 and 7,,ii7 may be further disclosed by persons described in subclauses 7,i71 7,,ii71 or 7,,iii7 of clause 7iii7 to contractors of such entities1 but only to the extent necessary in carrying out the purposes described in such clause 7iii74 7v7 ,redisclosure to family members ,in addition to the purposes for which information is disclosed and used under subparagraphs 7,a7 and 7,c71 or redisclosed under clause 7iii71 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 7#a7 or 7#b7 of section #did7;a7 of the ,higher ,education ,act of #aife1 as the case may be1 for disclosure related to the income-contingent or income-based repayment plan under subparagraph 7,a7 or the eligibility for1 and amount of1 ,federal student financial aid described in subparagraph 7,c74 7vi7 ,redisclosure of ,,fafsa information ,return information received under subparagraph 7,c7 may be redisclosed in accordance with subsection 7c7 of section #did of the ,higher ,education ,act of #aife 7as in effect on the date of enactment of the ,,covid-related ,tax ,relief ,act of #bjbj7 to carry out the purposes specified in such subsection4 4 7#b7 ,conforming amendment ,subparagraph 7,f7 of section #fajc7l77#ac7 is amended by inserting 1 and any redisclosure authorized under clause 7iii71 7iv7 7v71 or 7vi7 of subparagraph 7,d71 after or 7,c74 7#c7 ,confidentiality of return information 7,a7 ,section #fajc7;a77#c71 as amended by section #ceaf7;a77#a7 of the ,,cares ,act1 is amended by striking 7#ac77;,a71 7#ac77;,b71 7#ac77;,c71 7#ac77;,d77i71 and inserting 7#ac7 7other than subparagraphs 7,d77v7 and 7,d77vi7 thereof714 7,b7 ,section #fajc7p77#c77;,a71 as amended by section #ceaf7;a77#b7 of such ,act1 is amended by striking 7#ac77;,a71 7#ac77;,b71 7#ac77;,c71 7#ac77;,d77i71 and inserting 7#ac77;,d77iv71 7#ac77;,d77v71 7#ac77;,d77vi74 7#d7 ,effective date ,the amendments made by this subsection shall apply to disclosures made after the date of the enactment of the ,,future ,act 7,public ,law #aaf-ia74 7b7 ,amendments to the ,higher ,education ,act of #aife 7#a7 ,in general ,section #did of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajih;h7a77 is amended-- 7,a7 in subsection 7a77#a7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting 1 including return information1 after financial information2 7ii7 in subparagraph 7,a7-- 7,i7 in clause 7i7-- 7aa7 by striking subparagraph 7,b71 the and inserting the following3 subparagraph 7,b7-- 7,i7 the 2 and 7bb7 by adding at the end the following3 7,,ii7 the return information of such individuals may be redisclosed pursuant to clauses 7iii71 7iv71 7v71 and 7vi7 of section #fajc7l77#ac77;,d7 of the ,internal ,revenue ,code of #aihf1 for the relevant purposes described in such section2 and 2 and 7,,ii7 in clause 7ii71 by striking such disclosure and inserting the disclosures described in subclauses 7,i7 and 7,,ii7 of clause 7i72 and 7iii7 in subparagraph 7,b71 by striking disclosure described in subparagraph 7,a77i7 and inserting disclosures described in subclauses 7,i7 and 7,,ii7 of subparagraph 7,a77i72 7,b7 in subsection 7a77#b77;,a77ii71 by striking affirmatively approve the disclosure described in paragraph 7#a77;,a77i7 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 7,i7 and 7,,ii7 of paragraph 7#a77;,a77i71 to the extent applicable1 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 disclosures2 and 7,c7 by adding at the end the following3 7c7 ,access to ,,fafsa information 7#a7 ,redisclosure of information ,the information in a complete1 unredacted ,student ,aid ,report 7including any return information disclosed under section #fajc7l77#ac7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #fajc7l77#ac777 with respect to an application described in subsection 7a77#a7 of an applicant for ,federal student financial aid-- 7,a7 upon request for such information by such applicant1 shall be provided to such applicant by-- 7i7 the ,secretary2 or 7ii7 in a case in which the ,secretary has requested that institutions of higher education carry out the requirements of this subparagraph1 an institution of higher education that has received such information2 and 7,b7 with the written consent by the applicant to an institution of higher education1 may be provided by such institution of higher education as is necessary to a scholarship granting organization 7including a tribal organization 7defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7771 or to an organization assisting the applicant in applying for and receiving ,federal1 ,state1 local1 or tribal assistance1 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 7defined in section #dgb7 at that institution4 7#b7 ,discussion of information ,a discussion of the information in an application described in subsection 7a77#a7 7including any return information disclosed under section #fajc7l77#ac7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #fajc7l77#ac77 of an applicant between an institution of higher education and the applicant may1 with the written consent of the applicant1 include an individual selected by the applicant 7such as an advisor7 to participate in such discussion4 7#c7 ,restriction on disclosing information ,a person receiving information under paragraph 7#a77;,b7 or 7#b7 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 of1 or request by1 the applicant4 7#d7 ,definitions ,in this subsection3 7,a7 ,student aid report ,the term ,student ,aid ,report has the meaning given the term in section #ffh4b of title #cd1 ,code of ,federal ,regulations 7or successor regulations74 7,b7 ,written consent ,the term written consent means a separate1 written document that is signed and dated 7which may include by electronic format7 by an applicant1 which-- 7i7 indicates that the information being disclosed includes return information disclosed under section #fajc7l77#ac7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #fajc7l77#ac77 with respect to the applicant2 7ii7 states the purpose for which the information is being disclosed2 and 7iii7 states that the information may only be used for the specific purpose and no other purposes4 7#e7 ,record keeping requirement ,an institution of higher education shall-- 7,a7 keep a record of each written consent made under this subsection for a period of at least #c years from the date of the student's last date of attendance at the institution2 and 7,b7 make each such record readily available for review by the ,secretary4 4 7#b7 ,conforming amendment ,section #did7;a77#c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajih;h7a77#c77 is amended by striking paragraph 7#a77;,a77i7 both places the term appears and inserting paragraph 7#a77;,a77i77,i74 #bhe4 #bjbj election to terminate transfer period for qualified transfers from pension plan for covering future retiree costs 7a7 ,in general ,section #dbj7;f7 is amended by adding at the end the following new paragraph3 7#g7 ,election to end transfer period 7,a7 ,in general ,in the case of an employer maintaining a plan which has made a qualified future transfer under this subsection1 such employer may1 not later than ,december #ca1 #bjba1 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 election4 7,b7 ,amounts transferred to plan on termination ,any assets transferred to a health benefits account1 or an applicable life insurance account1 in a qualified future transfer 7and any income allocable thereto7 which are not used as of the effective date of the election to terminate the transfer period with respect to such transfer under subparagraph 7,a71 shall be transferred out of the account to the transferor plan within a reasonable period of time4 ,the transfer required by this subparagraph shall be treated as an employer reversion for purposes of section #dihj 7other than subsection 7d7 thereof71 unless before the end of the #e-year period beginning after the original transfer period an equivalent amount is transferred back to such health benefits account1 or applicable life insurance account1 as the case may be4 ,any such transfer back pursuant to the preceding sentence may be made without regard to section #dja7;h77#a74 7,c7 ,minimum cost requirements continue ,the requirements of subsection 7c77#c7 and paragraph 7#b77;,d7 shall apply with respect to a qualified future transfer without regard to any election under subparagraph 7,a7 with respect to such transfer4 7,d7 ,modified maintenance of funded status during original transfer period ,the requirements of paragraph 7#b77;,b7 shall apply without regard to any such election1 and clause 7i7 thereof shall be applied by substituting #ajj percent for #abj percent during the original transfer period4 7,e7 ,continued maintenance of funding status after original transfer period 7i7 ,in general ,in the case of a plan with respect to which there is an excess described in paragraph 7#b77;,b77ii7 as of the valuation date of the plan year in the last year of the original transfer period1 paragraph 7#b77;,b7 shall apply for #e years after the original transfer period in the same manner as during a transfer period by substituting the applicable percentage for #abj percent in clause 7i7 thereof4 7ii7 ,applicable percentage ,for purposes of this subparagraph1 the applicable percentage shall be determined under the following table3 ,for the valuation date of the plan year in the following year after the original transfer period3,the applicable percentage is3 #ast#ajd percent #bnd#ajh percent #crd#aab percent #dth#aaf percent #eth#abj percent 7iii7 ,early termination of continued maintenance period when #abj percent funding reached ,if1 as of the valuation date of any plan year in the first #d years after the original transfer period with respect to a qualified future transfer1 there would be no excess determined under this subparagraph were the applicable percentage #abj percent1 then this subparagraph shall cease to apply with respect to the plan4 7,f7 ,original transfer period ,for purposes of this paragraph1 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 7,a74 4 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjai4 #bhf4 ,extension of credits for paid sick and family leave 7a7 ,in general ,sections #gjja7;g71 #gjjb7;e71 #gjjc7;g71 and #gjjd7;e7 of the ,families ,first ,coronavirus ,response ,act are each amended by striking ,december #ca1 #bjbj and inserting ,march #ca1 #bjba4 7b7 ,coordination with termination of mandate 7#a7 ,payroll credit for paid sick leave ,section #gjja7;c7 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-- 7#a7 which are required to be paid by reason of the ,emergency ,paid ,sick ,leave ,act1 or 7#b7 both-- 7,a7 which would be so required to be paid if such ,act were applied-- 7i7 by substituting ,march #ca1 #bjba for ,december #ca1 #bjbj in section #eaji thereof1 and 7ii7 without regard to section #eajb7;b77#c7 thereof1 and 7,b7 with respect to which all requirements of such ,act 7other than subsections 7a7 and 7b7 of section #eaje thereof1 and determined by substituting ,to be compliant with section #eajb1 an employer may not for ,it shall be unlawful for any employer to in section #eajd thereof7 which would apply if so required are satisfied4 4 7#b7 ,credit for sick leave of self-employed individuals ,section #gjjb7;b77#b7 of the ,families ,first ,coronavirus ,response ,act is amended to read as follows3 7#b7 either-- 7,a7 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 7other than himself or herself71 or 7,b7 would be so entitled if-- 7i7 such ,act were applied by substituting ,march #ca1 #bjba for ,december #ca1 #bjbj in section #eaji thereof1 and 7ii7 the individual were an employee of an employer 7other than himself or herself74 4 7#c7 ,payroll credit for paid family leave ,section #gjjc7;c7 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-- 7#a7 which are required to be paid by reason of the ,emergency ,family and ,medical ,leave ,expansion ,act 7including the amendments made by such ,act71 or 7#b7 both-- 7,a7 which would be so required to be paid if section #ajb7;a77#a77;,f7 of the ,family and ,medical ,leave ,act of #aiic1 as amended by the ,emergency ,family and ,medical ,leave ,expansion ,act1 were applied by substituting ,march #ca1 #bjba for ,december #ca1 #bjbj1 and 7,b7 with respect to which all requirements of the ,family and ,medical ,leave ,act of #aiic 7other than section #ajg thereof1 and determined by substituting ,to be compliant with section #ajb7;a77#a77;,f71 an employer may not for ,it shall be unlawful for any employer to each place it appears in subsection 7a7 of section #aje thereof1 by substituting made unlawful in this title or described in this section for made unlawful by this title in paragraph 7#b7 of such subsection1 and by substituting ,to be compliant with section #ajb7;a77#a77;,f71 an employer may not for ,it shall be unlawful for any person to in subsection 7b7 of such section7 which relate to such section #ajb7;a77#a77;,f71 and which would apply if so required1 are satisfied4 4 7#d7 ,credit for family leave of self-employed individuals ,section #gjjd7;b77#b7 of the ,families ,first ,coronavirus ,response ,act is amended to read as follows3 7#b7 either-- 7,a7 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 7other than himself or herself71 or 7,b7 would be so entitled if-- 7i7 section #ajb7;a77#a77;,f7 of the ,family and ,medical ,leave ,act of #aiic1 as amended by the ,emergency ,family and ,medical ,leave ,expansion ,act1 were applied by substituting ,march #ca1 #bjba for ,december #ca1 #bjbj1 and 7ii7 the individual were an employee of an employer 7other than himself or herself74 4 7#e7 ,coordination with certain employment taxes ,section #gjje7;a7 of the ,families ,first ,coronavirus ,response ,act is amended by inserting 7or1 in the case of wages paid after ,december #ca1 #bjbj1 and before ,april #a1 #bjba1 with respect to which a credit is allowed under section #gjja or #gjjc7 before shall not be considered4 7c7 ,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 relate4 #bhg4 ,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 7a7 ,credit for sick leave ,section #gjjb7;c7 of the ,families ,first ,coronavirus ,response ,act is amended by adding at the end the following new paragraph3 7#d7 ,election to use prior year net earnings from self-employment income ,in the case of an individual who elects 7at such time and in such manner as the ,secretary1 or the ,secretary's delegate1 may provide7 the application of this paragraph1 paragraph 7#b77;,a7 shall be applied by substituting the prior taxable year for the taxable year4 4 7b7 ,credit for family leave ,section #gjjd7;c7 of the ,families ,first ,coronavirus ,response ,act is amended by adding at the end the following new paragraph3 7#d7 ,election to use prior year net earnings from self-employment income ,in the case of an individual who elects 7at such time and in such manner as the ,secretary1 or the ,secretary's delegate1 may provide7 the application of this paragraph1 paragraph 7#b77;,a7 shall be applied by substituting the prior taxable year for the taxable year4 4 7c7 ,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 relate4 #bhh4 ,certain technical improvements to credits for paid sick and family leave 7a7 ,coordination with application of certain definitions 7#a7 ,in general ,sections #gjja7;c7 and #gjjc7;c7 of the ,families ,first ,coronavirus ,response ,act are each amended-- 7,a7 by inserting 1 determined without regard to paragraphs 7#a7 through 7#bb7 of section #caba7;b7 of such ,code after as defined in section #caba7;a7 of the ,internal ,revenue ,code of #aihf1 and 7,b7 by inserting 1 determined without regard to the sentence in paragraph 7#a7 thereof which begins ,such term does not include remuneration after as defined in section #cbca7;e7 of the ,internal ,revenue ,code4 7#b7 ,conforming amendments ,sections #gjja7;e77#c7 and #gjjc7;e77#c7 of the ,families ,first ,coronavirus ,response ,act are each amended by striking ,any term and inserting ,except as otherwise provided in this section1 any term4 7b7 ,coordination with exclusion from employment taxes ,sections #gjja7;c7 and #gjjc7;c7 of the ,families ,first ,coronavirus ,response ,act1 as amended by subsection 7a71 are each amended-- 7#a7 by inserting and section #gjje7;a7 of this ,act1 after determined without regard to paragraphs 7#a7 through 7#bb7 of section #caba7;b7 of such ,code1 and 7#b7 by inserting and without regard to section #gjje7;a7 of this ,act after which begins ,such term does not include remuneration4 7c7 ,clarification of applicable railroad retirement tax for paid leave credits ,sections #gjja7;e7 and #gjjc7;e7 of the ,families ,first ,coronavirus ,response ,act1 as amended by the preceding provisions of this ,act1 are each amended by adding at the end the following new paragraph3 7#d7 ,references to railroad retirement tax ,any reference in this section to the tax imposed by section #cbba7;a7 of the ,internal ,revenue ,code of #aihf shall be treated as a reference to so much of such tax as is attributable to the rate in effect under section #caaa7;a7 of such ,code4 4 7d7 ,clarification of treatment of paid leave for applicable railroad retirement tax ,section #gjje7;a7 of the ,families ,first ,coronavirus ,response ,act is amended by adding the following sentence at the end of such subsection3 ,any reference in this subsection to the tax imposed by section #cbba7;a7 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 #caaa7;a7 of such ,code44 7e7 ,clarification of applicable railroad retirement tax for hospital insurance tax credit ,section #gjje7;b77#a7 of the ,families ,first ,coronavirus ,response ,act is amended to read as follows3 7#a7 ,in ,general ,the credit allowed by section #gjja and the credit allowed by section #gjjc shall each be increased by the amount of the tax imposed by section #caaa7;b7 of the ,internal ,revenue ,code of #aihf and so much of the taxes imposed under section #cbba7;a7 of such ,code as are attributable to the rate in effect under section #caaa7;b7 of such ,code on qualified sick leave wages1 or qualified family leave wages1 for which credit is allowed under such section #gjja or #gjjc 7respectively74 4 7f7 ,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 relate4 ,,iii ,continuing the ,paycheck ,protection ,program and other small business support #cja4 ,short title ,this title may be cited as the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act4 #cjb4 ,definitions ,in this ,act3 7#a7 ,administration2 ,administrator ,the terms ,administration and ,administrator mean the ,small ,business ,administration and the ,administrator thereof1 respectively4 7#b7 ,small business concern ,the term small business concern has the meaning given the term in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 #cjc4 ,emergency rulemaking authority ,not later than #aj days after the date of enactment of this ,act1 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 #eec7;b7 of title #e1 ,united ,states ,code4 #cjd4 ,additional eligible expenses 7a7 ,allowable use of ,,ppp loan ,section #g7;a77#cf77;,f77i7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,f77i77 is amended-- 7#a7 in subclause 7,,vi71 by striking and at the end2 7#b7 in subclause 7,,vii71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7,,viii7 covered operations expenditures1 as defined in section #g;,a7a72 7,,ix7 covered property damage costs1 as defined in section #g;,a7a72 7,x7 covered supplier costs1 as defined in section #g;,a7a72 and 7,,xi7 covered worker protection expenditures1 as defined in section #g;,a7a74 4 7b7 ,loan forgiveness 7#a7 ,transfer of section to ,small ,business ,act 7,a7 ,in general ,section #aajf of the ,,cares ,act 7#ae ,u4,s4,c4 #ijje7 is redesignated as section #g;,a1 transferred to the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq471 and inserted so as to appear after section #g of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf74 7,b7 ,conforming amendments to transferred section ,section #g;,a of the ,small ,business ,act1 as redesignated and transferred by subparagraph 7,a7 of this paragraph1 is amended-- 7i7 in subsection 7a77#a71 by striking under paragraph 7#cf7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 as added by section #aajb and inserting under section #g7;a77#cf72 and 7ii7 in subsection 7c71 by striking of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 each place it appears4 7,c7 ,other conforming amendments 7i7 ,section #aaji7;d77#b77;,d7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijjh7;d77#b77;,d77 is amended by striking section #aajf of this ,act and inserting section #g;,a of the ,small ,business ,act4 7ii7 ,section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 is amended-- 7,i7 in subparagraph 7,k71 by striking section #aajf of the ,,cares ,act and inserting section #g;,a2 and 7,,ii7 in subparagraph 7,m7-- 7aa7 by striking section #aajf of the ,,cares ,act each place it appears and inserting section #g;,a2 and 7bb7 in clause 7v71 by striking section #aajf7;a7 of the ,,cares ,act and inserting section #g;,a7a74 7#b7 ,additional eligible expenses ,section #g;,a of the ,small ,business ,act1 as redesignated and transferred by paragraph 7#a7 of this subsection1 is amended-- 7,a7 in subsection 7a7-- 7i7 by redesignating paragraphs 7#f71 7#g71 and 7#h7 as paragraphs 7#aj71 7#aa71 and 7#ab71 respectively2 7ii7 by redesignating paragraph 7#e7 as paragraph 7#h72 7iii7 by redesignating paragraph 7#d7 as paragraph 7#f72 7iv7 by redesignating paragraph 7#c7 as paragraph 7#d72 7v7 by inserting after paragraph 7#b7 the following3 7#c7 the term covered operations expenditure means a payment for any business software or cloud computing service that facilitates business operations1 product or service delivery1 the processing1 payment1 or tracking of payroll expenses1 human resources1 sales and billing functions1 or accounting or tracking of supplies1 inventory1 records and expenses2 2 7vi7 by inserting after paragraph 7#d71 as so redesignated1 the following3 7#e7 the term covered property damage cost means a cost related to property damage and vandalism or looting due to public disturbances that occurred during #bjbj that was not covered by insurance or other compensation2 2 7vii7 by inserting after paragraph 7#f71 as so redesignated1 the following3 7#g7 the term covered supplier cost means an expenditure made by an entity to a supplier of goods for the supply of goods that-- 7,a7 are essential to the operations of the entity at the time at which the expenditure is made2 and 7,b7 is made pursuant to a contract1 order1 or purchase order-- 7i7 in effect at any time before the covered period with respect to the applicable covered loan2 or 7ii7 with respect to perishable goods1 in effect before or at any time during the covered period with respect to the applicable covered loan2 2 7viii7 by inserting after paragraph 7#h71 as so redesignated1 the following3 7#i7 the term covered worker protection expenditure-- 7,a7 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 ,services1 the ,centers for ,disease ,control1 or the ,occupational ,safety and ,health ,administration1 or any equivalent requirements established or guidance issued by a ,state or local government1 during the period beginning on ,march #a1 #bjbj and ending the date on which the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai7 expires related to the maintenance of standards for sanitation1 social distancing1 or any other worker or customer safety requirement related to ,,covid-#ai2 7,b7 may include-- 7i7 the purchase1 maintenance1 or renovation of assets that create or expand-- 7,i7 a drive-through window facility2 7,,ii7 an indoor1 outdoor1 or combined air or air pressure ventilation or filtration system2 7,,iii7 a physical barrier such as a sneeze guard2 7,,iv7 an expansion of additional indoor1 outdoor1 or combined business space2 7,v7 an onsite or offsite health screening capability2 or 7,,vi7 other assets relating to the compliance with the requirements or guidance described in subparagraph 7,a71 as determined by the ,administrator in consultation with the ,secretary of ,health and ,human ,services and the ,secretary of ,labor2 and 7ii7 the purchase of-- 7,i7 covered materials described in section #cbh4ajc7;a7 of title #dd1 ,code of ,federal ,regulations1 or any successor regulation2 7,,ii7 particulate filtering facepiece respirators approved by the ,national ,institute for ,occupational ,safety and ,health1 including those approved only for emergency use authorization2 or 7,,iii7 other kinds of personal protective equipment1 as determined by the ,administrator in consultation with the ,secretary of ,health and ,human ,services and the ,secretary of ,labor2 and 7,c7 does not include residential real property or intangible property2 2 and 7ix7 in paragraph 7#aa71 as so redesignated-- 7,i7 in subparagraph 7,c71 by striking and at the end2 7,,ii7 in subparagraph 7,d71 by striking and at the end2 and 7,,iii7 by adding at the end the following3 7,e7 covered operations expenditures2 7,f7 covered property damage costs2 7,g7 covered supplier costs2 and 7,h7 covered worker protection expenditures2 and 2 7,b7 in subsection 7b71 by adding at the end the following3 7#e7 ,any covered operations expenditure4 7#f7 ,any covered property damage cost4 7#g7 ,any covered supplier cost4 7#h7 ,any covered worker protection expenditure4 2 7,c7 in subsection 7d77#h71 by inserting any payment on any covered operations expenditure1 any payment on any covered property damage cost1 any payment on any covered supplier cost1 any payment on any covered worker protection expenditure1 after rent obligation12 and 7,d7 in subsection 7e7-- 7i7 in paragraph 7#b7-- 7,i7 by inserting purchase orders1 orders1 invoices1 before or other documents2 and 7,,ii7 by striking covered lease obligations1 and inserting covered rent obligations1 payments on covered operations expenditures1 payments on covered property damage costs1 payments on covered supplier costs1 payments on covered worker protection expenditures12 and 7ii7 in paragraph 7#c77;,b71 by inserting make payments on covered operations expenditures1 make payments on covered property damage costs1 make payments on covered supplier costs1 make payments on covered worker protection expenditures1 after rent obligation14 7c7 ,effective date2 applicability 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by subsections 7a7 and 7b7 shall be effective as if included in the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha7 and shall apply to any loan made pursuant to section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 before1 on1 or after the date of enactment of this ,act1 including forgiveness of such a loan4 7#b7 ,exclusion of loans already forgiven ,the amendments made by subsections 7a7 and 7b7 shall not apply to a loan made pursuant to section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 for which the borrower received forgiveness before the date of enactment of this ,act under section #aajf of the ,,cares ,act1 as in effect on the day before such date of enactment4 #cje4 ,hold harmless 7a7 ,in general ,subsection 7h7 of section #g;,a of the ,small ,business ,act1 as redesignated and transferred by section #cjd of this ,act1 is amended to read as follows3 7h7 ,hold harmless 7#a7 ,definition ,in this subsection1 the term initial or second draw ,,ppp loan means a covered loan or a loan under paragraph 7#cg7 of section #g7;a74 7#b7 ,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-- 7,a7 is submitted pursuant to all applicable statutory requirements1 regulations1 and guidance related to initial or second draw ,,ppp loan1 including under paragraph 7#cf7 or 7#cg7 of section #g7;a7 and under this section2 and 7,b7 attests that the applicant1 eligible recipient1 or eligible entity1 as applicable1 has accurately provided the certification or documentation to the lender in accordance with the statutory requirements1 regulations1 and guidance described in subparagraph 7,a74 7#c7 ,no enforcement action ,with respect to a lender that relies on a certification or documentation described in paragraph 7#b7 related to an initial or second draw ,,ppp loan1 an enforcement action may not be taken against the lender1 and the lender shall not be subject to any penalties relating to loan origination or forgiveness of the initial or second draw ,,ppp loan1 if-- 7,a7 the lender acts in good faith relating to loan origination or forgiveness of the initial or second draw ,,ppp loan based on that reliance2 and 7,b7 all other relevant ,federal1 ,state1 local1 and other statutory and regulatory requirements applicable to the lender are satisfied with respect to the initial or second draw ,,ppp loan4 4 7b7 ,effective date2 applicability ,the amendment made by subsection 7a7 shall be effective as if included in the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha7 and shall apply to any loan made pursuant to section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 before1 on1 or after the date of enactment of this ,act1 including forgiveness of such a loan4 #cjf4 ,selection of covered period for forgiveness ,section #g;,a of the ,small ,business ,act1 as redesignated and transferred by section #cjd of this ,act1 is amended-- 7,a7 by amending paragraph 7#d7 of subsection 7a71 as so redesignated by section #cjd7;b7 of this ,act1 to read as follows3 7#d7 the term covered period means the period-- 7,a7 beginning on the date of the origination of a covered loan2 and 7,b7 ending on a date selected by the eligible recipient of the covered loan that occurs during the period-- 7i7 beginning on the date that is #h weeks after such date of origination2 and 7ii7 ending on the date that is #bd weeks after such date of origination2 2 and 7#a7 by striking subsection 7l74 #cjg4 ,simplified forgiveness application 7a7 ,in general ,section #g;,a of the ,small ,business ,act1 as redesignated and transferred by section #cjd of this ,act1 and as amended by section #cjf of this ,act1 is amended-- 7#a7 in subsection 7e71 in the matter preceding paragraph 7#a71 by striking ,an eligible and inserting ,except as provided in subsection 7l71 an eligible2 7#b7 in subsection 7f71 by inserting or the certification required under subsection 7l71 as applicable after subsection 7e72 and 7#c7 by adding at the end the following3 7l7 ,simplified application 7#a7 ,covered loans up to #aej1jjj 7,a7 ,in general ,with respect to a covered loan made to an eligible recipient that is not more than #aej1jjj1 the covered loan amount shall be forgiven under this section if the eligible recipient-- 7i7 signs and submits to the lender a certification1 to be established by the ,administrator not later than #bd days after the date of enactment of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act1 which-- 7,i7 shall be not more than #a page in length2 and 7,,ii7 shall only require the eligible recipient to provide-- 7aa7 a description of the number of employees the eligible recipient was able to retain because of the covered loan2 7bb7 the estimated amount of the covered loan amount spent by the eligible recipient on payroll costs2 and 7cc7 the total loan value2 7ii7 attests that the eligible recipient has-- 7,i7 accurately provided the required certification2 and 7,,ii7 complied with the requirements under section #g7;a77#cf72 and 7iii7 retains records relevant to the form that prove compliance with such requirements-- 7,i7 with respect to employment records1 for the #d-year period following submission of the form2 and 7,,ii7 with respect to other records1 for the #c-year period following submission of the form4 7,b7 ,limitation on requiring additional materials ,an eligible recipient of a covered loan that is not more than #aej1jjj shall not1 at the time of the application for forgiveness1 be required to submit any application or documentation in addition to the certification and information required to substantiate forgiveness4 7,c7 ,records for other requirements ,nothing in subparagraph 7,a7 or 7,b7 shall be construed to exempt an eligible recipient from having to provide documentation independently to a lender to satisfy relevant ,federal1 ,state1 local1 or other statutory or regulatory requirements1 or in connection with an audit as authorized under subparagraph 7,e74 7,d7 ,demographic information ,the certification established by the ,administrator under subparagraph 7,a7 shall include a means by which an eligible recipient may1 at the discretion of the eligible recipient1 submit demographic information of the owner of the eligible recipient1 including the sex1 race1 ethnicity1 and veteran status of the owner4 7,e7 ,audit authority ,the ,administrator may-- 7i7 review and audit covered loans described in subparagraph 7,a72 7ii7 access any records described in subparagraph 7,a77iii72 and 7iii7 in the case of fraud1 ineligibility1 or other material noncompliance with applicable loan or loan forgiveness requirements1 modify-- 7,i7 the amount of a covered loan described in subparagraph 7,a72 or 7,,ii7 the loan forgiveness amount with respect to a covered loan described in subparagraph 7,a74 7#b7 ,covered loans of more than #aej1jjj 7,a7 ,in general ,with respect to a covered loan in an amount that is more than #aej1jjj1 the eligible recipient shall submit to the lender that is servicing the covered loan the documentation described in subsection 7e74 7,b7 ,demographic information ,the process for submitting the documentation described in subsection 7e7 shall include a means by which an eligible recipient may1 at the discretion of the eligible recipient1 submit demographic information of the owner of the eligible recipient1 including the sex1 race1 ethnicity1 and veteran status of the owner4 7#c7 ,forgiveness audit plan 7,a7 ,in general ,not later than #de days after the date of enactment of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act1 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-- 7i7 the policies and procedures of the ,administrator for conducting forgiveness reviews and audits of covered loans2 and 7ii7 the metrics that the ,administrator shall use to determine which covered loans will be audited4 7,b7 ,reports ,not later than #cj days after the date on which the ,administrator submits the audit plan required under subparagraph 7,a71 and each month thereafter1 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 subsection1 which shall include-- 7i7 the number of active reviews and audits2 7ii7 the number of reviews and audits that have been ongoing for more than #fj days2 and 7iii7 any substantial changes made to the audit plan submitted under subparagraph 7,a74 4 7b7 ,effective date2 applicability ,the amendments made by subsection 7a7 shall be effective as if included in the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha7 and shall apply to any loan made pursuant to section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 before1 on1 or after the date of enactment of this ,act1 including forgiveness of such a loan4 #cjh4 ,specific group insurance payments as payroll costs 7a7 ,in general ,section #g7;a77#cf77;,a77viii77,i77aa77,,ee7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,a77viii77,i77aa77,,ee77 is amended by inserting or group life1 disability1 vision1 or dental insurance before benefits4 7b7 ,effective date2 applicability ,the amendment made by subsection 7a7 shall be effective as if included in the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha7 and shall apply to any loan made pursuant to section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 before1 on1 or after the date of enactment of this ,act1 including forgiveness of such a loan4 #cji4 ,demographic information ,on and after the date of enactment of this ,act1 any loan origination application for a loan under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 as amended and added by this division1 shall include a means by which the applicant for the loan may1 at the discretion of the applicant1 submit demographic information of the owner of the recipient of the loan1 including the sex1 race1 ethnicity1 and veteran status of the owner4 #caj4 ,clarification of and additional limitations on eligibility 7a7 ,date in operation 7#a7 ,in general ,section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 is amended by adding at the end the following3 7,t7 ,requirement for date in operation ,a business or organization that was not in operation on ,february #ae1 #bjbj shall not be eligible for a loan under this paragraph4 4 7#b7 ,effective date2 applicability ,the amendment made by paragraph 7#a7 shall be effective as if included in the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha7 and shall apply to any loan made pursuant to section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 before1 on1 or after the date of enactment of this ,act1 including forgiveness of such a loan4 7b7 ,exclusion of entities receiving shuttered venue operator grants ,section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf771 as amended by subsection 7a7 of this section1 is amended by adding at the end the following3 7,u7 ,exclusion of entities receiving shuttered venue operator grants ,an eligible person or entity 7as defined under of section #bd of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act7 that receives a grant under such section #bd shall not be eligible for a loan under this paragraph4 4 #caa4 ,paycheck protection program second draw loans 7a7 ,in general ,section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 is amended by adding at the end the following3 7#cg7 ,paycheck protection program second draw loans 7,a7 ,definitions ,in this paragraph-- 7i7 the terms eligible self-employed individual1 housing cooperative1 nonprofit organization1 payroll costs1 seasonal employer1 and veterans organization have the meanings given those terms in paragraph 7#cf71 except that eligible entity shall be substituted for eligible recipient each place it appears in the definitions of those terms2 7ii7 the term covered loan means a loan made under this paragraph2 7iii7 the terms covered mortgage obligation1 covered operating expenditure1 covered property damage cost1 covered rent obligation1 covered supplier cost1 covered utility payment1 and covered worker protection expenditure have the meanings given those terms in section #g;,a7a72 7iv7 the term eligible entity-- 7,i7 means any business concern1 nonprofit organization1 housing cooperative1 veterans organization1 ,tribal business concern1 eligible self-employed individual1 sole proprietor1 independent contractor1 or small agricultural cooperative that-- 7aa7 employs not more than #cjj employees2 and 7bb7 7,,aa7 except as provided in subitems 7,,bb71 7,,cc71 and 7,,dd71 had gross receipts during the first1 second1 third1 or1 only with respect to an application submitted on or after ,january #a1 #bjba1 fourth quarter in #bjbj that demonstrate not less than a #be percent reduction from the gross receipts of the entity during the same quarter in #bjai2 7,,bb7 if the entity was not in business during the first or second quarter of #bjai1 but was in business during the third and fourth quarter of #bjai1 had gross receipts during the first1 second1 third1 or1 only with respect to an application submitted on or after ,january #a1 #bjba1 fourth quarter of #bjbj that demonstrate not less than a #be percent reduction from the gross receipts of the entity during the third or fourth quarter of #bjai2 7,,cc7 if the entity was not in business during the first1 second1 or third quarter of #bjai1 but was in business during the fourth quarter of #bjai1 had gross receipts during the first1 second1 third1 or1 only with respect to an application submitted on or after ,january #a1 #bjba1 fourth quarter of #bjbj that demonstrate not less than a #be percent reduction from the gross receipts of the entity during the fourth quarter of #bjai2 or 7,,dd7 if the entity was not in business during #bjai1 but was in operation on ,february #ae1 #bjbj1 had gross receipts during the second1 third1 or1 only with respect to an application submitted on or after ,january #a1 #bjba1 fourth quarter of #bjbj that demonstrate not less than a #be percent reduction from the gross receipts of the entity during the first quarter of #bjbj2 7,,ii7 includes a business concern or organization made eligible for a loan under paragraph 7#cf7 under clause 7iii77,,ii71 7iv77,,iv71 or 7vii7 of subparagraph 7,d7 of paragraph 7#cf7 and that meets the requirements described in items 7aa7 and 7bb7 of subclause 7,i72 and 7,,iii7 does not include-- 7aa7 any entity that is a type of business concern 7or would be1 if such entity were a business concern7 described in section #abj4aaj of title #ac1 ,code of ,federal ,regulations 7or in any successor regulation or other related guidance or rule that may be issued by the ,administrator7 other than a business concern described in subsection 7a7 or 7k7 of such section2 or 7bb7 any business concern or entity primarily engaged in political or lobbying activities1 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 documents2 7cc7 any business concern or entity-- 7,,aa7 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 ,kong1 or that has significant operations in the ,people's ,republic of ,china or the ,special ,administrative ,region of ,hong ,kong1 owns or holds1 directly or indirectly1 not less than #bj percent of the economic interest of the business concern or entity1 including as equity shares or a capital or profit interest in a limited liability company or partnership2 or 7,,bb7 that retains1 as a member of the board of directors of the business concern1 a person who is a resident of the ,people's ,republic of ,china2 7dd7 any person required to submit a registration statement under section #b of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #fab72 or 7ee7 an eligible person or entity 7as defined under section #bd of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act7 that receives a grant under such section #bd2 and 7v7 the term ,tribal business concern means a ,tribal business concern described in section #ca7;b77#b77;,c74 7,b7 ,loans ,except as otherwise provided in this paragraph1 the ,administrator may guarantee covered loans to eligible entities under the same terms1 conditions1 and processes as a loan made under paragraph 7#cf74 7,c7 ,maximum loan amount 7i7 ,in general ,except as otherwise provided in this subparagraph1 the maximum amount of a covered loan made to an eligible entity is the lesser of-- 7,i7 the product obtained by multiplying-- 7aa7 at the election of the eligible entity1 the average total monthly payment for payroll costs incurred or paid by the eligible entity during-- 7,,aa7 the #a-year period before the date on which the loan is made2 or 7,,bb7 calendar year #bjai2 by 7bb7 #b4e2 or 7,,ii7 #b1jjj1jjj4 7ii7 ,seasonal employers ,the maximum amount of a covered loan made to an eligible entity that is a seasonal employer is the lesser of-- 7,i7 the product obtained by multiplying-- 7aa7 at the election of the eligible entity1 the average total monthly payments for payroll costs incurred or paid by the eligible entity for any #ab-week period between ,february #ae1 #bjai and ,february #ae1 #bjbj2 by 7bb7 #b4e2 or 7,,ii7 #b1jjj1jjj4 7iii7 ,new entities ,the maximum amount of a covered loan made to an eligible entity that did not exist during the #a-year period preceding ,february #ae1 #bjbj is the lesser of-- 7,i7 the product obtained by multiplying-- 7aa7 the quotient obtained by dividing-- 7,,aa7 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 loan2 by 7,,bb7 the number of months in which those payroll costs were paid or incurred2 by 7bb7 #b4e2 or 7,,ii7 #b1jjj1jjj4 7iv7 ,,naics #gb 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 #gb at the time of disbursal is the lesser of-- 7,i7 the product obtained by multiplying-- 7aa7 at the election of the eligible entity1 the average total monthly payment for payroll costs incurred or paid by the eligible entity during-- 7,,aa7 the #a-year period before the date on which the loan is made2 or 7,,bb7 calendar year #bjai2 by 7bb7 #c4e2 or 7,,ii7 #b1jjj1jjj4 7,d7 ,business concerns with more than #a physical location 7i7 ,in general ,for a business concern with more than #a physical location1 the business concern shall be an eligible entity if the business concern would be eligible for a loan under paragraph 7#cf7 pursuant to clause 7iii7 of subparagraph 7,d7 of such paragraph1 as applied in accordance with clause 7ii7 of this subparagraph1 and meets the revenue reduction requirements described in item 7bb7 of subparagraph 7,a77iv77,i74 7ii7 ,size limit ,for purposes of applying clause 7i71 the ,administrator shall substitute not more than #cjj employees for not more than #ejj employees in paragraph 7#cf77;,d77iii74 7,e7 ,waiver of affiliation rules 7i7 ,in general ,the waiver described in paragraph 7#cf77;,d77iv7 shall apply for purposes of determining eligibility under this paragraph4 7ii7 ,size limit ,for purposes of applying clause 7i71 the ,administrator shall substitute not more than #cjj employees for not more than #ejj employees in subclause 7,i7 and 7,,iv7 of paragraph 7#cf77;,d77iv74 7,f7 ,loan number limitation ,an eligible entity may only receive #a covered loan4 7,g7 ,exception from certain certification requirements ,an eligible entity applying for a covered loan shall not be required to make the certification described in clause 7iii7 or 7iv7 of paragraph 7#cf77;,g74 7,h7 ,fee waiver ,with respect to a covered loan-- 7i7 in lieu of the fee otherwise applicable under paragraph 7#bc77;,a71 the ,administrator shall collect no fee2 and 7ii7 in lieu of the fee otherwise applicable under paragraph 7#ah77;,a71 the ,administrator shall collect no fee4 7,i7 ,gross receipts and simplified certification of revenue test 7i7 ,loans of up to #aej1jjj ,for a covered loan of not more than #aej1jjj1 the eligible entity-- 7,i7 may submit a certification attesting that the eligible entity meets the applicable revenue loss requirement under subparagraph 7,a77iv77,i77bb72 and 7,,ii7 if the eligible entity submits a certification under subclause 7,i71 shall1 on or before the date on which the eligible entity submits an application for forgiveness under subparagraph 7,j71 produce adequate documentation that the eligible entity met such revenue loss standard4 7ii7 ,for nonprofit and veterans organizations ,for purposes of calculating gross receipts under subparagraph 7,a77iv77,i77bb7 for an eligible entity that is a nonprofit organization1 a veterans organization1 or an organization described in subparagraph 7,a77iv77,,ii71 gross receipts means gross receipts within the meaning of section #fjcc of the ,internal ,revenue ,code of #aihf4 7,j7 ,loan forgiveness 7i7 ,definition of covered period ,in this subparagraph1 the term covered period has the meaning given that term in section #g;,a7a74 7ii7 ,forgiveness generally ,except as otherwise provided in this subparagraph1 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 7#cf7 of this section1 as described in section #g;,a4 7iii7 ,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 period3 7,i7 ,payroll costs1 excluding any payroll costs that are-- 7aa7 qualified wages1 as defined in subsection 7c77#c7 of section #bcja of the ,,cares ,act 7#bf ,u4,s4,c4 #caaa note71 taken into account in determining the credit allowed under such section2 or 7bb7 qualified wages taken into account in determining the credit allowed under subsection 7a7 or 7d7 of section #cjc of the ,taxpayer ,certainty and ,disaster ,relief ,act of #bjbj4 7,,ii7 ,any payment of interest on any covered mortgage obligation 7which shall not include any prepayment of or payment of principal on a covered mortgage obligation74 7,,iii7 ,any covered operations expenditure4 7,,iv7 ,any covered property damage cost4 7,v7 ,any payment on any covered rent obligation4 7,,vi7 ,any covered utility payment4 7,,vii7 ,any covered supplier cost4 7,,viii7 ,any covered worker protection expenditure4 7iv7 ,limitation on forgiveness for all eligible entities ,subject to any reductions under section #g;,a7d71 the forgiveness amount under this subparagraph shall be equal to the lesser of-- 7,i7 the amount described in clause 7ii72 and 7,,ii7 the amount equal to the quotient obtained by dividing-- 7aa7 the amount of the covered loan used for payroll costs during the covered period2 and 7bb7 #j4fj4 7v7 ,submission of materials for forgiveness ,for purposes of applying subsection 7l77#a7 of section #g;,a to a covered loan of not more than #aej1jjj under this paragraph1 an eligible entity may be required to provide1 at the time of the application for forgiveness1 documentation required to substantiate revenue loss in accordance with subparagraph 7,i74 7,k7 ,lender eligibility ,except as otherwise provided in this paragraph1 a lender approved to make loans under paragraph 7#cf7 may make covered loans under the same terms and conditions as in paragraph 7#cf74 7,l7 ,reimbursement for loan processing and servicing ,the ,administrator shall reimburse a lender authorized to make a covered loan-- 7i7 for a covered loan of not more than #ej1jjj1 in an amount equal to the lesser of-- 7,i7 #ej percent of the balance of the financing outstanding at the time of disbursement of the covered loan2 or 7,,ii7 #b1ejj2 7ii7 at a rate1 based on the balance of the financing outstanding at the time of disbursement of the covered loan1 of-- 7,i7 #e percent for a covered loan of more than #ej1jjj and not more than #cej1jjj2 and 7,,ii7 #c percent for a covered loan of more than #cej1jjj4 7,m7 ,publication of guidance ,not later than #aj days after the date of enactment of this paragraph1 the ,administrator shall issue guidance addressing barriers to accessing capital for minority1 underserved1 veteran1 and women-owned business concerns for the purpose of ensuring equitable access to covered loans4 7,n7 ,standard operating procedure ,the ,administrator shall1 to the maximum extent practicable1 allow a lender approved to make covered loans to use existing program guidance and standard operating procedures for loans made under this subsection4 7,o7 ,supplemental covered loans ,a covered loan under this paragraph may only be made to an eligible entity that-- 7i7 has received a loan under paragraph 7#cf72 and 7ii7 on or before the expected date on which the covered loan under this paragraph is disbursed to the eligible entity1 has used1 or will use1 the full amount of the loan received under paragraph 7#cf74 4 7b7 ,application of exemption based on employee availability 7#a7 ,in general ,section #g;,a7d7 of the ,small ,business ,act1 as redesignated and transferred by section #cjd of this ,act1 is amended-- 7,a7 in paragraph 7#e77;,b71 by inserting 7or1 with respect to a covered loan made on or after the date of enactment of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act1 not later than the last day of the covered period with respect to such covered loan7 after ,december #ca1 #bjbj each place it appears2 and 7,b7 in paragraph 7#g7-- 7i7 by inserting 7or1 with respect to a covered loan made on or after the date of enactment of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act1 ending on the last day of the covered period with respect to such covered loan7 after ,december #ca1 #bjbj the first and third places it appears2 and 7ii7 by inserting 7or1 with respect to a covered loan made on or after the date of enactment of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act1 on or before the last day of the covered period with respect to such covered loan7 after ,december #ca1 #bjbj the second place it appears4 7#b7 ,modification of dates ,the ,administrator and the ,secretary of the ,treasury may jointly1 by regulation1 modify any date in section #g;,a7d7 of the ,small ,business ,act1 as redesignated and transferred by section #cjd of this ,act1 other than a deadline established under an amendment made by paragraph 7#a71 in a manner consistent with the purposes of the ,paycheck ,protection ,program to help businesses retain workers and meet financial obligations4 7c7 ,eligible churches and religious organizations 7#a7 ,sense of congress ,it is the sense of ,congress that the interim final rule of the ,administration entitled ,business ,loan ,program ,temporary ,changes2 ,paycheck ,protection ,program 7#he ,fed4 ,reg4 #bjhag 7,april #ae1 #bjbj77 properly clarified the eligibility of churches and religious organizations for loans made under paragraph 7#cf7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a774 7#b7 ,applicability of prohibition ,the prohibition on eligibility established by section #abj4aaj7k7 of title #ac1 ,code of ,federal ,regulations1 or any successor regulation1 shall not apply to a loan under paragraph 7#cf7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a774 #cab4 ,increased ability for paycheck protection program borrowers to request an increase in loan amount due to updated regulations 7a7 ,definitions ,in this section-- 7#a7 the terms covered loan and eligible recipient have the meanings given those terms in #g7;a77#cf77;,a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,a772 and 7#b7 the term included covered loan means a covered loan for which1 as of the date of enactment of this ,act1 the borrower had not received forgiveness under section #aajf of the ,,cares ,act1 as in effect on the day before such date of enactment4 7b7 ,rules or guidance ,not later than #ag days after the date of enactment of this ,act1 and without regard to the notice requirements under section #eec7;b7 of title #e1 ,united ,states ,code1 the ,administrator shall issue rules or guidance to ensure that an eligible recipient of an included covered loan that returns 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-- 7#a7 in the case of an eligible recipient that returned all or part of an included covered loan1 the eligible recipient may reapply for a covered loan for an amount equal to the difference between the amount retained and the maximum amount applicable2 and 7#b7 in the case of an eligible recipient that did not accept the full amount of an included covered loan1 the eligible recipient may request a modification to increase the amount of the covered loan to the maximum amount applicable1 subject to the requirements of section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf774 7c7 ,interim final rules ,notwithstanding the interim final rule issued by the ,administration entitled ,business ,loan ,program ,temporary ,changes2 ,paycheck ,protection ,program--,loan ,increases 7#he ,fed4 ,reg4 #bihdb 7,may #ai1 #bjbj771 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-- 7#a7 the initial covered loan amount has been fully disbursed2 or 7#b7 the lender of the initial covered loan has submitted to the ,administration a ,form #aejb report related to the covered loan4 #cac4 ,calculation of maximum loan amount for farmers and ranchers under the paycheck protection program 7a7 ,in general ,section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf771 as amended by section #caj of this ,act1 is amended-- 7#a7 in subparagraph 7,e71 in the matter preceding clause 7i71 by striking ,during and inserting ,except as provided in subparagraph 7,v71 during2 and 7#b7 by adding at the end the following3 7,v7 ,calculation of maximum loan amount for farmers and ranchers 7i7 ,definition ,in this subparagraph1 the term covered recipient means an eligible recipient that-- 7,i7 operates as a sole proprietorship or as an independent contractor1 or is an eligible self-employed individual2 7,,ii7 reports farm income or expenses on a ,schedule ,f 7or any equivalent successor schedule72 and 7,,iii7 was in business as of ,february #ae1 #bjbj4 7ii7 ,no employees ,with respect to covered recipient without employees1 the maximum covered loan amount shall be the lesser of-- 7,i7 the sum of-- 7aa7 the product obtained by multiplying-- 7,,aa7 the gross income of the covered recipient in #bjai1 as reported on a ,schedule ,f 7or any equivalent successor schedule71 that is not more than #ajj1jjj1 divided by #ab2 and 7,,bb7 #b4e2 and 7bb7 the outstanding amount of a loan under subsection 7b77#b7 that was made during the period beginning on ,january #ca1 #bjbj and ending on ,april #c1 #bjbj that the borrower intends to refinance under the covered loan1 not including any amount of any advance under the loan that is not required to be repaid2 or 7,,ii7 #b1jjj1jjj4 7iii7 ,with employees ,with respect to a covered recipient with employees1 the maximum covered loan amount shall be calculated using the formula described in subparagraph 7,e71 except that the gross income of the covered recipient described in clause 7ii77,i77aa77,,aa7 of this subparagraph1 as divided by #ab1 shall be added to the sum calculated under subparagraph 7,e77i77,i74 7iv7 ,recalculation ,a lender that made a covered loan to a covered recipient before the date of enactment of this subparagraph may1 at the request of the covered recipient-- 7,i7 recalculate the maximum loan amount applicable to that covered loan based on the formula described in clause 7ii7 or 7iii71 as applicable1 if doing so would result in a larger covered loan amount2 and 7,,ii7 provide the covered recipient with additional covered loan amounts based on that recalculation4 4 7b7 ,effective date2 applicability 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by subsection 7a7 shall be effective as if included in the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha7 and shall apply to any loan made pursuant to section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 before1 on1 or after the date of enactment of this ,act1 including forgiveness of such a loan4 7#b7 ,exclusion of loans already forgiven ,the amendments made by subsection 7a7 shall not apply to a loan made pursuant to section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 for which the borrower received forgiveness before the date of enactment of this ,act under section #aajf of the ,,cares ,act1 as in effect on the day before such date of enactment4 #cad4 ,farm ,credit ,system institutions 7a7 ,definition of ,farm ,credit ,system institution ,in this section1 the term ,farm ,credit ,system institution-- 7#a7 means an institution of the ,farm ,credit ,system chartered under the ,farm ,credit ,act of #aiga 7#ab ,u4,s4,c4 #bjja et seq472 and 7#b7 does not include the ,federal ,agricultural ,mortgage ,corporation4 7b7 ,facilitation of participation in ,,ppp and second draw loans 7#a7 ,applicable rules ,solely with respect to loans under paragraphs 7#cf7 and 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 ,farm ,credit ,administration regulations and guidance issued as of ,july #ad1 #bjbj1 and compliance with such regulations and guidance1 shall be deemed functionally equivalent to requirements referenced in section #c7;a77iii77,,ii7 of the interim final rule of the ,administration entitled ,business ,loan ,program ,temporary ,changes2 ,paycheck ,protection ,program 7#he ,fed4 ,reg4 #bjhaa 7,april #ae1 #bjbj77 or any similar requirement referenced in that interim final rule in implementing such paragraph 7#cg74 7#b7 ,applicability of certain loan requirements ,for purposes of making loans under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 or forgiving those loans in accordance with section #g;,a of the ,small ,business ,act1 as redesignated and transferred by section #cjd of this ,act1 and subparagraph 7,j7 of such paragraph 7#cg71 sections #d4ac1 #d4ad1 and #d4ad;,a of the ,farm ,credit ,act of #aiga 7#ab ,u4,s4,c4 #baii1 #bbjb1 #bbjb;a7 7including regulations issued under those sections7 shall not apply4 7#c7 ,risk weight 7,a7 ,in general ,with respect to the application of ,farm ,credit ,administration capital requirements1 a loan described in subparagraph 7,b7-- 7i7 shall receive a risk weight of zero percent2 and 7ii7 shall not be included in the calculation of any applicable leverage ratio or other applicable capital ratio or calculation4 7,b7 ,loans described ,a loan referred to in subparagraph 7,a7 is-- 7i7 a loan made by a ,farm ,credit ,bank described in section #a4b7;a7 of the ,farm ,credit ,act of #aiga 7#ab ,u4,s4,c4 #bjjb7;a77 to a ,federal ,land ,bank ,association1 a ,production ,credit ,association1 or an agricultural credit association described in that section to make loans under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 or forgive those loans in accordance with section #g;,a of the ,small ,business ,act1 as redesignated and transferred by section #cjd of this ,act1 and subparagraph 7,j7 of such paragraph 7#cg72 or 7ii7 a loan made by a ,federal ,land ,bank ,association1 a ,production ,credit ,association1 an agricultural credit association1 or the bank for cooperatives described in section #a4b7;a7 of the ,farm ,credit ,act of #aiga 7#ab ,u4,s4,c4 #bjjb7;a77 under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a774 7c7 ,effective date2 applicability ,this section shall be effective as if included in the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha7 and shall apply to any loan made pursuant to section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 before1 on1 or after the date of enactment of this ,act1 including forgiveness of such a loan4 #cae4 ,definition of seasonal employer 7a7 ,,ppp loans ,section #g7;a77#cf77;,a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,a77 is amended-- 7#a7 in clause 7xi71 by striking and at the end2 7#b7 in clause 7xii71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7xiii7 the term seasonal employer means an eligible recipient that-- 7,i7 does not operate for more than #g months in any calendar year2 or 7,,ii7 during the preceding calendar year1 had gross receipts for any #f months of that year that were not more than #cc4cc percent of the gross receipts of the employer for the other #f months of that year2 4 7b7 ,loan forgiveness ,paragraph 7#ab7 of section #g;,a7a7 of the ,small ,business ,act1 as so redesignated and transferred by section #cjd of this ,act1 is amended to read as follows3 7#ab7 the terms payroll costs and seasonal employer have the meanings given those terms in section #g7;a77#cf74 4 7c7 ,effective date2 applicability ,the amendments made by subsections 7a7 and 7b7 shall be effective as if included in the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha7 and shall apply to any loan made pursuant to section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 before1 on1 or after the date of enactment of this ,act1 including forgiveness of such a loan4 #caf4 ,housing cooperatives ,section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 is amended-- 7#a7 in subparagraph 7,a71 as amended by section #cae7;a7 of this ,act1 by adding at the end the following3 7xiv7 the term housing cooperative means a cooperative housing corporation 7as defined in section #baf7;b7 of the ,internal ,revenue ,code of #aihf7 that employs not more than #cjj employees2 2 and 7#b7 in subparagraph 7,d7-- 7,a7 in clause 7i71 by inserting housing cooperative1 before veterans organization1 each place it appears2 and 7,b7 in clause 7vi71 by inserting 1 a housing cooperative1 before a veterans organization4 #cag4 ,eligibility of news organizations for loans under the ,paycheck ,protection ,program 7a7 ,eligibility of individual stations1 newspapers1 and public broadcasting organizations ,section #g7;a77#cf77;,d77iii7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,d77iii77 is amended-- 7#a7 by striking ,during the covered period and inserting the following3 7,i7 ,in general ,during the covered period 2 and 7#b7 by adding at the end the following 7,,ii7 ,eligibility of news organizations 7aa7 ,definition ,in this subclause1 the term included business concern means a business concern1 including any station which broadcasts pursuant to a license granted by the ,federal ,communications ,commission under title ,,iii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cja et seq47 without regard for whether such a station is a concern as defined in section #aba4aje of title #ac1 ,code of ,federal ,regulations1 or any successor thereto-- 7,,aa7 that employs not more than #ejj employees1 or the size standard established by the ,administrator for the ,north ,american ,industry ,classification ,system code applicable to the business concern1 per physical location of such business concern2 or 7,,bb7 any nonprofit organization or any organization otherwise subject to section #eaa7;a77#b77;,b7 of the ,internal ,revenue ,code of #aihf that is a public broadcasting entity 7as defined in section #cig7aa7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cig7aa7774 7bb7 ,eligibility ,during the covered period1 an included business concern shall be eligible to receive a covered loan if-- 7,,aa7 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 #eaaaaj or #eaea or1 with respect to a public broadcasting entity 7as defined in section #cig7aa7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cig7aa7771 has a trade or business that falls under such a code2 and 7,,bb7 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 information4 4 7b7 ,eligibility of affiliated entities ,section #g7;a77#cf77;,d77iv7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,d77iv77 is amended-- 7#a7 in subclause 7,,ii71 by striking and at the end2 7#b7 in subclause 7,,iii71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,,iv7 7aa7 any business concern 7including any station which broadcasts pursuant to a license granted by the ,federal ,communications ,commission under title ,,iii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cja et seq47 without regard for whether such a station is a concern as defined in section #aba4aje of title #ac1 ,code of ,federal ,regulations1 or any successor thereto7 that employs not more than #ejj employees1 or the size standard established by the ,administrator for the ,north ,american ,industry ,classification ,system code applicable to the business concern1 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 #eaaaaj or #eaea2 or 7bb7 any nonprofit organization that is assigned a ,north ,american ,industry ,classification ,system code beginning with #eaea4 4 7c7 ,application of prohibition on publicly traded companies ,clause 7viii7 of section #g7;a77#cf77;,d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,d71 as added by section #cdb of this ,act is amended-- 7#a7 by striking ,notwithstanding and inserting the following3 7,i7 ,in general ,subject to subclause 7,,ii71 and notwithstanding 2 and 7#b7 by adding at the end-- 7,,ii7 ,rule for affiliated entities ,with respect to a business concern made eligible by clause 7iii77,,ii7 or clause 7iv77,,iv7 of this subparagraph1 the ,administrator shall not consider whether any affiliated entity1 which for purposes of this subclause shall include any entity that owns or controls such business concern1 is an issuer4 4 #cah4 ,eligibility of #eja7;c77#f7 and destination marketing organizations for loans under the ,paycheck ,protection ,program ,section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 is amended-- 7#a7 in subparagraph 7,a71 as amended by section #caf of this ,act1 by adding at the end the following3 7xv7 the term destination marketing organization means a nonprofit entity that is-- 7,i7 an organization described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code2 or 7,,ii7 a ,state1 or a political subdivision of a ,state 7including any instrumentality of such entities7-- 7aa7 engaged in marketing and promoting communities and facilities to businesses and leisure travelers through a range of activities1 including-- 7,,aa7 assisting with the location of meeting and convention sites2 7,,bb7 providing travel information on area attractions1 lodging accommodations1 and restaurants2 7,,cc7 providing maps2 and 7,,dd7 organizing group tours of local historical1 recreational1 and cultural attractions2 or 7bb7 that is engaged in1 and derives the majority of the operating budget of the entity from revenue attributable to1 providing live events2 and 2 and 7#b7 in subparagraph 7,d71 as amended by section #caf of this ,act-- 7,a7 in clause 7v71 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 7iii77,,ii71 7iv77,,iv71 or 7vii71 after clause 7i77,i712 7,b7 in clause 7vi71 by inserting a business concern or organization made eligible for a loan under this paragraph under clause 7vii71 after a nonprofit organization12 and 7,c7 by adding at the end the following3 7vii7 ,eligibility for certain #eja7;c77#f7 organizations 7,i7 ,in general ,any organization that is described in section #eja7;c77#f7 of the ,internal ,revenue ,code and that is exempt from taxation under section #eja7;a7 of such ,code 7excluding professional sports leagues and organizations with the purpose of promoting or participating in a political campaign or other activity7 shall be eligible to receive a covered loan if-- 7aa7 the organization does not receive more than #ae percent of its receipts from lobbying activities2 7bb7 the lobbying activities of the organization do not comprise more than #ae percent of the total activities of the organization2 7cc7 the cost of the lobbying activities of the organization did not exceed #a1jjj1jjj during the most recent tax year of the organization that ended prior to ,february #ae1 #bjbj2 and 7dd7 the organization employs not more than #cjj employees4 7,,ii7 ,destination marketing organizations ,any destination marketing organization shall be eligible to receive a covered loan if-- 7aa7 the destination marketing organization does not receive more than #ae percent of its receipts from lobbying activities2 7bb7 the lobbying activities of the destination marketing organization do not comprise more than #ae percent of the total activities of the organization2 7cc7 the cost of the lobbying activities of the destination marketing organization did not exceed #a1jjj1jjj during the most recent tax year of the destination marketing organization that ended prior to ,february #ae1 #bjbj2 and 7dd7 the destination marketing organization employs not more than #cjj employees2 and 7ee7 the destination marketing organization-- 7,,aa7 is described in section #eja7;c7 of the ,internal ,revenue ,code and is exempt from taxation under section #eja7;a7 of such ,code2 or 7,,bb7 is a quasi-governmental entity or is a political subdivision of a ,state or local government1 including any instrumentality of those entities4 4 #cai4 ,prohibition on use of loan proceeds for lobbying activities ,section #g7;a77#cf77;,f7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,f77 is amended by adding at the end the following3 7vi7 ,prohibition ,none of the proceeds of a covered loan may be used for-- 7,i7 lobbying activities1 as defined in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb72 7,,ii7 lobbying expenditures related to a ,state or local election2 or 7,,iii7 expenditures designed to influence the enactment of legislation1 appropriations1 regulation1 administrative action1 or ,executive order proposed or pending before ,congress or any ,state government1 ,state legislature1 or local legislature or legislative body4 4 #cbj4 ,bankruptcy provisions 7a7 ,in general ,section #cfd of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 7#a7 ,the court1 after notice and a hearing1 may authorize a debtor in possession or a trustee that is authorized to operate the business of the debtor under section #aahc1 #aahd1 #abjc1 #abjd1 or #acjd of this title to obtain a loan under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 and such loan shall be treated as a debt to the extent the loan is not forgiven in accordance with section #g;,a of the ,small ,business ,act or subparagraph 7,j7 of such paragraph 7#cg71 as applicable1 with priority equal to a claim of the kind specified in subsection 7c77#a7 of this section4 7#b7 ,the trustee may incur debt described in paragraph 7#a7 notwithstanding any provision in a contract1 prior order authorizing the trustee to incur debt under this section1 prior order authorizing the trustee to use cash collateral under section #cfc1 or applicable law that prohibits the debtor from incurring additional debt4 7#c7 ,the court shall hold a hearing within #g days after the filing and service of the motion to obtain a loan described in paragraph 7#a74 ,notwithstanding the ,federal ,rules of ,bankruptcy ,procedure1 at such hearing1 the court may grant relief on a final basis4 4 7b7 ,allowance of administrative expenses ,section #ejc7;b7 of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#h77;,b71 by striking and at the end2 7#b7 in paragraph 7#i71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#aj7 any debt incurred under section #cfd7;g77#a7 of this title4 4 7c7 ,confirmation of plan for reorganization ,section #aaia of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,special provision related to ,,covid-#ai pandemic ,notwithstanding section #aabi7;a77#i77;,a7 of this title and subsection 7e7 of this section1 a plan that provides for payment of a claim of a kind specified in section #ejc7;b77#aj7 of this title may be confirmed under subsection 7b7 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 claim4 4 7d7 ,confirmation of plan for family farmers and fishermen ,section #abbe of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,notwithstanding section #abbb7;a77#b7 of this title and subsection 7b77#a7 of this section1 a plan that provides for payment of a claim of a kind specified in section #ejc7;b77#aj7 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 claim4 4 7e7 ,confirmation of plan for individuals ,section #acbe of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,notwithstanding section #acbb7;a77#b7 of this title and subsection 7b77#a7 of this section1 a plan that provides for payment of a claim of a kind specified in section #ejc7;b77#aj7 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 claim4 4 7f7 ,effective date2 ,sunset 7#a7 ,effective date ,the amendments made by subsections 7a7 through 7e7 shall-- 7,a7 take effect on the date on which the ,administrator submits to the ,director of the ,executive ,office for ,united ,states ,trustees a written determination that1 subject to satisfying any other eligibility requirements1 any debtor in possession or trustee that is authorized to operate the business of the debtor under section #aahc1 #aahd1 #abjc1 #abjd1 or #acjd of title #aa1 ,united ,states ,code1 would be eligible for a loan under paragraphs 7#cf7 and 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a772 and 7,b7 apply to any case pending on or commenced on or after the date described in subparagraph 7,a74 7#b7 ,sunset 7,a7 ,in general ,if the amendments made by subsections 7a7 through 7e7 take effect under paragraph 7#a71 effective on the date that is #b years after the date of enactment of this ,act-- 7i7 section #cfd of title #aa1 ,united ,states ,code1 is amended by striking subsection 7g72 7ii7 section #ejc7;b7 of title #aa1 ,united ,states ,code1 is amended-- 7,i7 in paragraph 7#h77;,b71 by adding and at the end2 7,,ii7 in paragraph 7#i71 by striking 2 and at the end and inserting a period2 and 7,,iii7 by striking paragraph 7#aj72 7iii7 section #aaia of title #aa1 ,united ,states ,code1 is amended by striking subsection 7f72 7iv7 section #abbe of title #aa1 ,united ,states ,code1 is amended by striking subsection 7d72 and 7v7 section #acbe of title #aa1 ,united ,states ,code1 is amended by striking subsection 7d74 7,b7 ,applicability ,notwithstanding the amendments made by subparagraph 7,a7 of this paragraph1 if the amendments made by subsections 7a7 through 7e7 take effect under paragraph 7#a7 of this subsection1 such amendments shall apply to any case under title #aa1 ,united ,states ,code1 commenced before the date that is #b years after the date of enactment of this ,act4 #cba4 ,oversight 7a7 ,compliance with oversight requirements 7#a7 ,in general ,except as provided in paragraph 7#b71 on and after the date of enactment of this ,act1 the ,administrator shall comply with any data or information requests or inquiries made by the ,comptroller ,general of the ,united ,states not later than #ae days 7or such later date as the ,comptroller ,general may specify7 after receiving the request or inquiry4 7#b7 ,exception ,if the ,administrator is unable to comply with a request or inquiry described in paragraph 7#a7 before the applicable date described in that paragraph1 the ,administrator shall1 before such applicable date1 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 inquiry4 7b7 ,testimony ,not later than the date that is #abj days after the date of enactment of this ,act1 and not less than twice each year thereafter until the date that is #b years after the date of enactment of this ,act1 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 ,act4 #cbb4 ,conflicts of interest 7a7 ,definitions ,in this section3 7#a7 ,controlling interest ,the term controlling interest means owning1 controlling1 or holding not less than #bj percent1 by vote or value1 of the outstanding amount of any class of equity interest in an entity4 7#b7 ,covered entity 7,a7 ,definition ,the term covered entity means an entity in which a covered individual directly or indirectly holds a controlling interest4 7,b7 ,treatment of securities ,for the purpose of determining whether an entity is a covered entity1 the securities owned1 controlled1 or held by #b or more individuals who are related as described in paragraph 7#c77;,b7 shall be aggregated4 7#c7 ,covered individual ,the term covered individual means-- 7,a7 the ,president1 the ,vice ,president1 the head of an ,executive department1 or a ,member of ,congress2 and 7,b7 the spouse1 as determined under applicable common law1 of an individual described in subparagraph 7,a74 7#d7 ,executive department ,the term ,executive department has the meaning given the term in section #aja of title #e1 ,united ,states ,code4 7#e7 ,member of congress ,the term ,member of ,congress means a ,member of the ,senate or ,house of ,representatives1 a ,delegate to the ,house of ,representatives1 and the ,resident ,commissioner from ,puerto ,rico4 7#f7 ,equity interest ,the term equity interest means-- 7,a7 a share in an entity1 without regard to whether the share is-- 7i7 transferable2 or 7ii7 classified as stock or anything similar2 7,b7 a capital or profit interest in a limited liability company or partnership2 or 7,c7 a warrant or right1 other than a right to convert1 to purchase1 sell1 or subscribe to a share or interest described in subparagraph 7,a7 or 7,b71 respectively4 7b7 ,requirement for disclosure regarding existing loans ,for any loan under paragraph 7#cf7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 made to a covered entity before the date of enactment of this ,act-- 7#a7 if1 before the date of enactment of this ,act1 the covered entity submitted an application for forgiveness under section #aajf of the ,,cares ,act 7#ae ,u4,s4,c4 #ijje7 7as such section was in effect on the day before the date of enactment of this ,act7 with respect to such loan1 not later than #cj days after the date of enactment of this ,act1 the principal executive officer1 or individual performing a similar function1 of the covered entity shall disclose to the ,administrator that the entity is a covered entity2 and 7#b7 if1 on or after the date of enactment of this ,act1 the covered entity submits an application for forgiveness under section #g;,a of the ,small ,business ,act1 as redesignated and transferred by section #cjd of this ,act1 with respect to such loan1 not later than #cj days after submitting the application1 the principal executive officer1 or individual performing a similar function1 of the covered entity shall disclose to the ,administrator that the entity is a covered entity4 7c7 ,ban on new loans ,on and after the date of enactment of this ,act1 a loan under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 as added and amended by this ,act1 may not be made to a covered entity4 #cbc4 ,commitment authority and appropriations 7a7 ,commitment authority ,section #aajb7;b7 of the ,,cares ,act 7,public ,law #aaf-acf7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the paragraph heading1 by inserting and second draw after ,,ppp2 7,b7 by striking ,august #h1 #bjbj and inserting ,march #ca1 #bjba2 7,c7 by striking paragraph 7#cf7 and inserting paragraphs 7#cf7 and 7#cg72 and 7,d7 by striking #fei1jjj1jjj1jjj and inserting #hjf1dej1jjj1jjj2 and 7#b7 by adding at the end the following3 7#c7 #bjba #g7;a7 loan program level and funding ,notwithstanding the amount authorized under the heading ,small ,business ,administration--,business ,loans ,program ,accountunder the ,financial ,services and ,general ,government ,appropriations ,act1 #bjba for commitments for general business loans authorized under paragraphs 7#a7 through 7#ce7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 commitments for general business loans authorized under paragraphs 7#a7 through 7#ce7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 shall not exceed #ge1jjj1jjj1jjj 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 #cj1 #bjba4 4 7b7 ,clarification of secondary market cap ,section #aajg7;b7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijjf7;b77 is amended by inserting with respect to loans under any paragraph of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 before shall not exceed4 7c7 ,rescission ,with respect to unobligated balances under the heading ,small ,business ,administration--,business ,loans ,program ,account1 ,,cares ,act as of the day before the date of enactment of this ,act1 #adf1ejj1jjj1jjj shall be rescinded and deposited into the general fund of the ,treasury4 7d7 ,direct appropriations 7#a7 ,new direct appropriations for ,,ppp loans1 second draw loans1 and the ,,mbda ,there is appropriated1 out of amounts in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjba1 to remain available until expended1 for additional amounts-- 7,a7 #bhd1dej1jjj1jjj under the heading ,small ,business ,administration--,business ,loans ,program ,account1 ,,cares ,act1 for the cost of guaranteed loans as authorized under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 as amended and added by this ,act1 including the cost of any modifications to any loans guaranteed under such paragraph 7#cf7 that were approved on or before ,august #h1 #bjbj1 of which-- 7i7 not less than #ae1jjj1jjj1jjj shall be for guaranteeing loans under such paragraph 7#cf7 or 7#cg7 made by community financial institutions1 as defined in section #g7;a77#cf77;,a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,a772 7ii7 not less than #ae1jjj1jjj1jjj shall be for guaranteeing loans under such paragraph 7#cf7 or 7#cg7 made by-- 7,i7 insured depository institutions 7as defined in section #c of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac77 with consolidated assets of less than #aj1jjj1jjj1jjj2 7,,ii7 credit unions 7as defined in section #g7;a77#cf77;,a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,a777 with consolidated assets of less than #aj1jjj1jjj1jjj2 or 7,,iii7 institutions of the ,farm ,credit ,system chartered under the ,farm ,credit ,act of #aiga 7#ab ,u4,s4,c4 #bjja et seq47 with consolidated assets of less than #aj1jjj1jjj1jjj 7not including the ,federal ,agricultural ,mortgage ,corporation72 7iii7 not less than #ae1jjj1jjj1jjj shall be for guaranteeing loans under paragraph 7#cf7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 as amended by this ,act1 that are-- 7,i7 made to eligible recipients with not more than #aj employees2 or 7,,ii7 in an amount that is not more than #bej1jjj and made to an eligible recipient that is located in a neighborhood that is a low-income neighborhood or a moderate-income neighborhood1 for the purposes of the ,community ,reinvestment ,act of #aigg 7#ab ,u4,s4,c4 #bija et seq472 7iv7 not less than #ce1jjj1jjj1jjj shall be for guaranteeing loans under paragraph 7#cf7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 as amended by this ,act1 to eligible recipients that have not previously received a loan under such paragraph 7#cf72 and 7v7 not less than #be1jjj1jjj1jjj shall be for guaranteeing loans under paragraph 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 as added by this ,act1 that are-- 7,i7 made to eligible entities with not more than #aj employees2 or 7,,ii7 in an amount that is not more than #bej1jjj and made to an eligible entity that is located in a neighborhood that is a low-income neighborhood or a moderate-income neighborhood1 for the purposes of the ,community ,reinvestment ,act of #aigg 7#ab ,u4,s4,c4 #bija et seq472 7,b7 #be1jjj1jjj under the heading ,department of ,commerce--,minority ,business ,development ,agency for the ,minority ,business ,development ,centers ,program1 including ,specialty ,centers1 for necessary expenses1 including any cost sharing requirements that may exist1 for assisting minority business enterprises to prevent1 prepare for1 and respond to coronavirus1 including identifying and accessing local1 ,state1 and ,federal government assistance related to such virus2 7,c7 #ej1jjj1jjj under the heading ,small ,business ,administration--,salaries and ,expenses for the cost of carrying out reviews and audits of loans under subsection 7l7 of section #g;,a of the ,small ,business ,act1 as redesignated1 transferred1 and amended by this ,act2 7,d7 #bj1jjj1jjj1jjj under the heading ,small ,business ,administration--,targeted ,,eidl ,advance to carry out section #cca of this ,act1 of which #bj1jjj1jjj shall be made available to the ,inspector ,general of the ,small ,business ,administration to prevent waste1 fraud1 and abuse with respect to funding made available under that section2 7,e7 #eg1jjj1jjj for the program established under section #g7m7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7m77 of which-- 7i7 #ej1jjj1jjj shall be to provide technical assistance grants under such section #g7m7 under the heading ,small ,business ,administration--,entrepreneurial ,development ,programs2 and 7ii7 #g1jjj1jjj shall be to provide direct loans under such section #g7m7 under the heading ,small ,business ,administration--,business ,loans ,program ,account2 7,f7 #a1iah1jjj1jjj under the heading ,small ,business ,administration--,business ,loans ,program ,account for the cost of guaranteed loans as authorized by paragraphs 7#a7 through 7#ce7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 including the cost of carrying out sections #cbf1 #cbg1 and #cbh of this ,act2 7,g7 #c1ejj1jjj1jjj under the heading ,small ,business ,administration--,business ,loans ,program ,account1 ,,cares ,act for carrying out section #cbe of this ,act2 and 7,h7 #ae1jjj1jjj1jjj under the heading ,small ,business ,administration--,shuttered ,venue ,operators to carry out section #cbd of this ,act4 7#b7 ,modification of set-asides 7,a7 ,in general ,notwithstanding paragraph 7#a77;,a71 if the ,administrator makes the determination described in subparagraph 7,b7 of this paragraph1 the ,administrator may reduce the amount of any allocation under paragraph 7#a77;,a7 to be such amount as the ,administrator may determine necessary4 7,b7 ,requirements for determination ,the determination described in this subparagraph is a determination by the ,administrator that-- 7i7 is not made earlier than #be days after the date of enactment of this ,act2 7ii7 it is not reasonably expected that a type of entity described in paragraph 7#a77;,a7 will make1 or receive1 as applicable1 the minimum amount of loans necessary to meet the applicable allocation under paragraph7#a77;,a72 and 7iii7 it is reasonably expected that the total amount of loans guaranteed under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 as amended and added by this ,act1 will equal substantially all of the amount permitted by available funds by ,march #ca1 #bjba4 7#c7 ,appropriations for the ,office of ,inspector ,general 7,a7 ,in general ,effective on the date of enactment of this ,act1 the remaining unobligated balances of funds from amounts made available for ,small ,business ,administration--,office of ,inspector ,general under section #aajg7;a77#c7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijjf7;a77#c771 are hereby rescinded4 7,b7 ,funding 7i7 ,in general ,there is appropriated1 for an additional amount1 for the fiscal year ending ,september #cj1 #bjba1 out of amounts in the ,treasury not otherwise appropriated1 an amount equal to the amount rescinded under subparagraph 7,a71 to remain available until expended1 under the heading ,small ,business ,administration--,office of ,inspector ,general4 7ii7 ,use of funds ,the amounts made available under clause 7i7 shall be available for the same purposes1 in addition to other funds as may be available for such purposes1 and under the same authorities as the amounts made available under section #aajg7;a77#c7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijjf7;a77#c774 #cbd4 ,grants for shuttered venue operators 7a7 ,definitions ,in this section3 7#a7 ,eligible person or entity 7,a7 ,in general ,the term eligible person or entity means a live venue operator or promoter1 theatrical producer1 or live performing arts organization operator1 a relevant museum operator1 a motion picture theatre operator1 or a talent representative that meets the following requirements3 7i7 ,the live venue operator or promoter1 theatrical producer1 or live performing arts organization operator1 the relevant museum operator1 the motion picture theatre operator1 or the talent representative-- 7,i7 was fully operational as a live venue operator or promoter1 theatrical producer1 or live performing arts organization operator1 a relevant museum operator1 a motion picture theatre operator1 or a talent representative on ,february #bi1 #bjbj2 and 7,,ii7 has gross earned revenue during the first1 second1 third1 or1 only with respect to an application submitted on or after ,january #a1 #bjba1 fourth quarter in #bjbj that demonstrates not less than a #be percent reduction from the gross earned revenue of the live venue operator or promoter1 theatrical producer1 or live performing arts organization operator1 the relevant museum operator1 the motion picture theatre operator1 or the talent representative during the same quarter in #bjai4 7ii7 ,as of the date of the grant under this section-- 7,i7 the live venue operator or promoter1 theatrical producer1 or live performing arts organization operator is or intends to resume organizing1 promoting1 producing1 managing1 or hosting future live events described in paragraph 7#c77;,a77i72 7,,ii7 the motion picture theatre operator is open or intends to reopen for the primary purpose of public exhibition of motion pictures2 7,,iii7 the relevant museum operator is open or intends to reopen2 or 7,,iv7 the talent representative is representing or managing artists and entertainers4 7iii7 ,the venues at which the live venue operator or promoter1 theatrical producer1 or live performing arts organization operator promotes1 produces1 manages1 or hosts events described in paragraph 7#c77;,a77i7 or the artists and entertainers represented or managed by the talent representative perform have the following characteristics3 7,i7 ,a defined performance and audience space4 7,,ii7 ,mixing equipment1 a public address system1 and a lighting rig4 7,,iii7 ,engages #a or more individuals to carry out not less than #b of the following roles3 7aa7 ,a sound engineer4 7bb7 ,a booker4 7cc7 ,a promoter4 7dd7 ,a stage manager4 7ee7 ,security personnel4 7ff7 ,a box office manager4 7,,iv7 ,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 tips1 except for fundraisers or similar charitable events4 7,v7 ,for a venue owned or operated by a nonprofit entity that produces free events1 the events are produced and managed primarily by paid employees1 not by volunteers4 7,,vi7 ,performances are marketed through listings in printed or electronic publications1 on websites1 by mass email1 or on social media4 7iv7 ,a motion picture theatre or motion picture theatres operated by the motion picture theatre operator have the following characteristics3 7,i7 ,at least #a auditorium that includes a motion picture screen and fixed audience seating4 7,,ii7 ,a projection booth or space containing not less than #a motion picture projector4 7,,iii7 ,a paid ticket charge to attend exhibition of motion pictures4 7,,iv7 ,motion picture exhibitions are marketed through showtime listings in printed or electronic publications1 on websites1 by mass mail1 or on social media4 7v7 ,the relevant museum or relevant museums for which the relevant museum operator is seeking a grant under this section have the following characteristics3 7,i7 ,serving as a relevant museum as its principal business activity4 7,,ii7 ,indoor exhibition spaces that are a component of the principal business activity and which have been subjected to pandemic-related occupancy restrictions4 7,,iii7 ,at least #a auditorium1 theater1 or performance or lecture hall with fixed audience seating and regular programming4 7vi7 7,i7 ,the live venue operator or promoter1 theatrical producer1 or live performing arts organization operator1 the relevant museum operator1 the motion picture theatre operator1 or the talent representative does not have1 or is not majority owned or controlled by an entity with1 any of the following characteristics3 7aa7 ,being an issuer1 the securities of which are listed on a national securities exchange4 7bb7 ,receiving more than #aj percent of gross revenue from ,federal funding during #bjai1 excluding amounts received by the live venue operator or promoter1 theatrical producer1 or live performing arts organization operator1 the relevant museum operator1 the motion picture theatre operator1 or the talent representative under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq474 7,,ii7 ,the live venue operator or promoter1 theatrical producer1 or live performing arts organization operator1 the relevant museum operator1 the motion picture theatre operator1 or the talent representative does not have1 or is not majority owned or controlled by an entity with1 more than #b of the following characteristics3 7aa7 ,owning or operating venues1 relevant museums1 motion picture theatres1 or talent agencies or talent management companies in more than #a country4 7bb7 ,owning or operating venues1 relevant museums1 motion picture theatres1 or talent agencies or talent management companies in more than #aj ,states4 7cc7 ,employing more than #ejj employees as of ,february #bi1 #bjbj1 determined on a full-time equivalent basis in accordance with subparagraph 7,c74 7,,iii7 ,the live venue operator or promoter1 theatrical producer1 or live performing arts organization operator1 the relevant museum operator1 the motion picture theatre operator1 or the talent representative has not received1 on or after the date of enactment of this ,act1 a loan guaranteed under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 as amended and added by this division4 7,,iv7 ,for purposes of applying the characteristics described in subclauses 7,i71 7,,ii71 and 7,,iii7 to an entity owned by a ,state or a political subdivision of a ,state1 the relevant entity-- 7aa7 shall be the live venue operator or promoter1 theatrical producer1 or live performing arts organization operator1 the relevant museum operator1 the motion picture theatre operator1 or the talent representative2 and 7bb7 shall not include entities of the ,state or political subdivision other than the live venue operator or promoter1 theatrical producer1 or live performing arts organization operator1 the relevant museum operator1 the motion picture theatre operator1 or the talent representative4 7,b7 ,exclusion ,the term eligible person or entity shall not include a live venue operator or promoter1 theatrical producer1 or live performing arts organization operator1 a relevant museum operator1 a motion picture theatre operator1 or a talent representative that-- 7i7 presents live performances of a prurient sexual nature2 or 7ii7 derives1 directly or indirectly1 more than de minimis gross revenue through the sale of products or services1 or the presentation of any depictions or displays1 of a prurient sexual nature4 7,c7 ,calculation of full-time employees ,for purposes of determining the number of full-time equivalent employees under subparagraph 7,a77vi77,,ii77cc7 of this paragraph and under paragraph 7#b77;,e7-- 7i7 any employee working not fewer than #cj hours per week shall be considered a full-time employee2 and 7ii7 any employee working not fewer than #aj hours and fewer than #cj hours per week shall be counted as one-half of a full-time employee4 7,d7 ,multiple business entities ,each business entity of an eligible person or entity that also meets the requirements under subparagraph 7,a7 and that is not described in subparagraph 7,b7 shall be treated by the ,administrator as an independent1 non-affiliated entity for the purposes of this section4 7#b7 ,exchange2 issuer2 security ,the terms exchange1 issuer1 and security have the meanings given those terms in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a774 7#c7 ,live venue operator or promoter1 theatrical producer1 or live performing arts organization operator ,the term live venue operator or promoter1 theatrical producer1 or live performing arts organization operator-- 7,a7 means-- 7i7 an individual or entity-- 7,i7 that1 as a principal business activity1 organizes1 promotes1 produces1 manages1 or hosts live concerts1 comedy shows1 theatrical productions1 or other events by performing artists for which-- 7aa7 a cover charge through ticketing or front door entrance fee is applied2 and 7bb7 performers are paid in an amount that is based on a percentage of sales1 a guarantee 7in writing or standard contract71 or another mutually beneficial formal agreement2 and 7,,ii7 for which not less than #gj percent of the earned revenue of the individual or entity is generated through1 to the extent related to a live event described in subclause 7,i71 cover charges or ticket sales1 production fees or production reimbursements1 nonprofit educational initiatives1 or the sale of event beverages1 food1 or merchandise2 or 7ii7 an individual or entity that1 as a principal business activity1 makes available for purchase by the public an average of not less than #fj days before the date of the event tickets to events-- 7,i7 described in clause 7i77,i72 and 7,,ii7 for which performers are paid in an amount that is based on a percentage of sales1 a guarantee 7in writing or standard contract71 or another mutually beneficial formal agreement2 and 7,b7 includes an individual or entity described in subparagraph 7,a7 that-- 7i7 operates for profit2 7ii7 is a nonprofit organization2 7iii7 is government-owned2 or 7iv7 is a corporation1 limited liability company1 or partnership or operated as a sole proprietorship4 7#d7 ,motion picture theatre operator ,the term motion picture theatre operator means an individual or entity that-- 7,a7 as the principal business activity of the individual or entity1 owns or operates at least #a place of public accommodation for the purpose of motion picture exhibition for a fee2 and 7,b7 includes an individual or entity described in subparagraph 7,a7 that-- 7i7 operates for profit2 7ii7 is a nonprofit organization2 7iii7 is government-owned2 or 7iv7 is a corporation1 limited liability company1 or partnership or operated as a sole proprietorship4 7#e7 ,national securities exchange ,the term national securities exchange means an exchange registered as a national securities exchange under section #f of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;f74 7#f7 ,nonprofit ,the term nonprofit1 with respect to an organization1 means that the organization is exempt from taxation under section #eja7;a7 of the ,internal ,revenue ,code of #aihf4 7#g7 ,relevant museum ,the term relevant museum-- 7,a7 has the meaning given the term museum in section #bgc of the ,museum and ,library ,services ,act 7#bj ,u4,s4,c4 #iagb72 and 7,b7 shall not include any entity that is organized as a for-profit entity4 7#h7 ,seasonal employer ,the term seasonal employer has the meaning given that term in subparagraph 7,a7 of section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 as amended by this ,act4 7#i7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 and 7,d7 any other territory or possession of the ,united ,states4 7#aj7 ,talent representative ,the term talent representative-- 7,a7 means an agent or manager that-- 7i7 as not less than #gj percent of the operations of the agent or manager1 is engaged in representing or managing artists and entertainers2 7ii7 books or represents musicians1 comedians1 actors1 or similar performing artists primarily at live events in venues or at festivals2 and 7iii7 represents performers described in clause 7ii7 that are paid in an amount that is based on the number of tickets sold1 or a similar basis2 and 7,b7 includes an agent or manager described in subparagraph 7,a7 that-- 7i7 operates for profit2 7ii7 is a nonprofit organization2 7iii7 is government-owned2 or 7iv7 is a corporation1 limited liability company1 or partnership or operated as a sole proprietorship4 7b7 ,authority 7#a7 ,in general 7,a7 ,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 section4 7,b7 ,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 entity4 7#b7 ,initial grants 7,a7 ,in general ,the ,administrator may make initial grants to eligible persons or entities in accordance with this section4 7,b7 ,initial priorities for awarding grants 7i7 ,first priority in awarding grants ,during the initial #ad-;day period during which the ,administrator awards grants under this paragraph1 the ,administrator shall only award grants to an eligible person or entity with revenue1 during the period beginning on ,april #a1 #bjbj and ending on ,december #ca1 #bjbj1 that is not more than #aj percent of the revenue of the eligible person or entity during the period beginning on ,april #a1 #bjai and ending on ,december #ca1 #bjai1 due to the ,,covid-#ai pandemic4 7ii7 ,second priority in awarding grants ,during the #ad-;day period immediately following the #ad-;day period described in clause 7i71 the ,administrator shall only award grants to an eligible person or entity with revenue1 during the period beginning on ,april #a1 #bjbj and ending on ,december #ca1 #bjbj1 that is not more than #cj percent of the revenue of the eligible person or entity during the period beginning on ,april #a1 #bjai and ending on ,december #ca1 #bjai1 due to the ,,covid-#ai pandemic4 7iii7 ,determination of revenue ,for purposes of clauses 7i7 and 7ii7-- 7,i7 any amounts received by an eligible person or entity under the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha7 or an amendment made by the ,,cares ,act shall not be counted as revenue of an eligible person or entity2 7,,ii7 the ,administrator shall use an accrual method of accounting for determining revenue2 and 7,,iii7 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 ,january1 ,february1 and ,march are excluded from the calculation of year-over-year revenues4 7iv7 ,limit on use of amounts for priority applicants ,the ,administrator may use not more than #hj percent of the amounts appropriated under section #cbc7;d77#a77;,h7 of this ,act to carry out this section to make initial grants under this paragraph to eligible persons or entities described in clause 7i7 or 7ii7 of this subparagraph that apply for a grant under this paragraph during the initial #bh-;day period during which the ,administrator awards grants under this paragraph4 7,c7 ,grants after priority periods ,after the end of the initial #bh-;day period during which the ,administrator awards grants under this paragraph1 the ,administrator may award an initial grant to any eligible person or entity4 7,d7 ,limits on number of initial grants to affiliates ,not more than #e 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 paragraph4 7,e7 ,set-aside for small employers 7i7 ,in general ,subject to clause 7ii71 not less than #b1jjj1jjj1jjj of the total amount of grants made available under this paragraph shall be awarded to eligible persons or entities which employ not more than #ej full-time employees1 determined in accordance with subsection 7a77#a77;,c74 7ii7 ,time limit ,clause 7i7 shall not apply on and after the date that is #fj days after the ,administrator begins awarding grants under this section and1 on and after such date1 amounts available for grants under this section may be used for grants under this section to any eligible person or entity4 7#c7 ,supplemental grants 7,a7 ,in general ,subject to subparagraph 7,b71 the ,administrator may make a supplemental grant in accordance with this section to an eligible person or entity that receives a grant under paragraph 7#b7 if1 as of ,april #a1 #bjba1 the revenues of the eligible person or entity for the most recent calendar quarter are not more than #cj percent of the revenues of the eligible person or entity for the corresponding calendar quarter during #bjai due to the ,,covid-#ai pandemic4 7,b7 ,processing timely initial grant applications first ,the ,administrator may not award a supplemental grant under subparagraph 7,a7 until the ,administrator has completed processing 7including determining whether to award a grant7 each application for an initial grant under paragraph 7#b7 that is submitted by an eligible person or entity on or before the date that is #fj days after the date on which the ,administrator begins accepting such applications4 7#d7 ,certification ,an eligible person or entity applying for a grant under this section that is an eligible business described in the matter preceding subclause 7,i7 of section #djjc7;c77#c77;,d77i7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijdb7;c77#c77;,d77i771 shall make a good-faith certification described in subclauses 7,,ix7 and 7,x7 of such section4 7c7 ,amount 7#a7 ,initial grants 7,a7 ,in general ,a grant under subsection 7b77#b7 shall be in the amount equal to the lesser of-- 7i7 7,i7 for an eligible person or entity that was in operation on ,january #a1 #bjai1 the amount equal to #de percent of the gross earned revenue of the eligible person or entity during #bjai2 or 7,,ii7 for an eligible person or entity that began operations after ,january #a1 #bjai1 the amount equal to the product obtained by multiplying-- 7aa7 the average monthly gross earned revenue for each full month during which the eligible person or entity was in operation during #bjai2 by 7bb7 #f2 or 7ii7 #aj1jjj1jjj4 7,b7 ,application to relevant museum operators ,a relevant museum operator may not receive grants under subsection 7b77#b7 in a total amount that is more than #aj1jjj1jjj with respect to all relevant museums operated by the relevant museum operator4 7#b7 ,supplemental grants ,a grant under subsection 7b77#c7 shall be in the amount equal to #ej percent of the grant received by the eligible person or entity under subsection 7b77#b74 7#c7 ,overall maximums ,the total amount of grants received under paragraphs 7#b7 and 7#c7 of subsection 7b7 by an eligible person or entity shall be not more than #aj1jjj1jjj4 7d7 ,use of funds 7#a7 ,timing 7,a7 ,expenses incurred 7i7 ,in general ,except as provided in clause 7ii71 amounts received under a grant under this section may be used for costs incurred during the period beginning on ,march #a1 #bjbj1 and ending on ,december #ca1 #bjba4 7ii7 ,extension for supplemental grants ,if an eligible person or entity receives a grant under subsection 7b77#c71 amounts received under either grant under this section may be used for costs incurred during the period beginning on ,march #a1 #bjbj1 and ending on ,june #cj1 #bjbb4 7,b7 ,expenditure 7i7 ,in general ,except as provided in clause 7ii71 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 #a year after the date of disbursement of the grant4 7ii7 ,extension for supplemental grants ,if an eligible person or entity receives a grant under subsection 7b77#c71 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 #ah months after the date of disbursement to the eligible person or entity of the grant under subsection 7b77#b74 7#b7 ,allowable expenses 7,a7 ,definitions ,in this paragraph-- 7i7 the terms covered mortgage obligation1 covered rent obligation1 covered utility payment1 and covered worker protection expenditure have the meanings given those terms in section #g;,a7a7 of the ,small ,business ,act1 as redesignated1 transferred1 and amended by this ,act2 and 7ii7 the term payroll costs has the meaning given that term in section #g7;a77#cf77;,a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,a74 7,b7 ,expenses ,an eligible person or entity may use amounts received under a grant under this section for-- 7i7 payroll costs2 7ii7 payments on any covered rent obligation2 7iii7 any covered utility payment2 7iv7 scheduled payments of interest or principal on any covered mortgage obligation 7which shall not include any prepayment of principal on a covered mortgage obligation72 7v7 scheduled payments of interest or principal on any indebtedness or debt instrument 7which shall not include any prepayment of principal7 incurred in the ordinary course of business that is a liability of the eligible person or entity and was incurred prior to ,february #ae1 #bjbj2 7vi7 covered worker protection expenditures2 7vii7 payments made to independent contractors1 as reported on ,form-#ajii ,,misc1 not to exceed a total of #ajj1jjj in annual compensation for any individual employee of an independent contractor2 and 7viii7 other ordinary and necessary business expenses1 including-- 7,i7 maintenance expenses2 7,,ii7 administrative costs1 including fees and licensing costs2 7,,iii7 ,state and local taxes and fees2 7,,iv7 operating leases in effect as of ,february #ae1 #bjbj2 7,v7 payments required for insurance on any insurance policy2 and 7,,vi7 advertising1 production transportation1 and capital expenditures related to producing a theatrical or live performing arts production1 concert1 exhibition1 or comedy show1 except that a grant under this section may not be used primarily for such expenditures4 7#c7 ,prohibited expenses ,an eligible person or entity may not use amounts received under a grant under this section-- 7,a7 to purchase real estate2 7,b7 for payments of interest or principal on loans originated after ,february #ae1 #bjbj2 7,c7 to invest or re-lend funds2 7,d7 for contributions or expenditures to1 or on behalf of1 any political party1 party committee1 or candidate for elective office2 or 7,e7 for any other use as may be prohibited by the ,administrator4 7e7 ,increased oversight of shuttered venue operator grants ,the ,administrator shall increase oversight of eligible persons and entities receiving grants under this section1 which may include the following3 7#a7 ,documentation ,additional documentation requirements that are consistent with the eligibility and other requirements under this section1 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-- 7,a7 with respect to employment records1 for the #d-year period following receipt of the grant2 and 7,b7 with respect to other records1 for the #c-year period following receipt of the grant4 7#b7 ,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 ,administrator1 including that the ,administrator may-- 7,a7 review and audit grants under this section2 and 7,b7 in the case of fraud or other material noncompliance with respect to a grant under this section-- 7i7 require repayment of misspent funds2 or 7ii7 pursue legal action to collect funds4 7f7 ,shuttered venue oversight and audit plan 7#a7 ,in general ,not later than #de days after the date of enactment of this ,act1 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-- 7,a7 the policies and procedures of the ,administrator for conducting oversight and audits of grants under this section2 and 7,b7 the metrics that the ,administrator shall use to determine which grants under this section will be audited pursuant to subsection 7e74 7#b7 ,reports ,not later than #fj days after the date of enactment of this ,act1 and each month thereafter until the date that is #a year after the date on which all amounts made available under section #cbc7;d77#a77;,h7 of this ,act have been expended1 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 subsection1 which shall include-- 7,a7 the total number of initial grants approved and disbursed2 7,b7 the total amount of grants received by each eligible person or entity1 including any supplemental grants2 7,c7 the number of active investigations and audits of grants under this section2 7,d7 the number of completed reviews and audits of grants under this section1 including a description of any findings of fraud or other material noncompliance4 7,e7 any substantial changes made to the oversight and audit plan submitted under paragraph 7#a74 #cbe4 ,extension of the debt relief program 7a7 ,in general ,section #aaab of the ,,cares ,act 7#ae ,u4,s4,c4 #ijaa7 is amended-- 7#a7 in subsection 7c7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,subject to the other provisions of this section1 the ,administrator shall pay the principal1 interest1 and any associated fees that are owed on a covered loan in a regular servicing status1 without regard to the date on which the covered loan is fully disbursed1 and subject to availability of funds1 as follows3 7,a7 ,with respect to a covered loan made before the date of enactment of this ,act and not on deferment1 the ,administrator shall make those payments as follows3 7i7 ,the ,administrator shall make those payments for the #f-month period beginning with the next payment due on the covered loan4 7ii7 ,in addition to the payments under clause 7i7-- 7,i7 with respect to a covered loan other than a covered loan described in paragraph 7#a77;,a77i7 or 7#b7 of subsection 7a71 the ,administrator shall make those payments for-- 7aa7 the #c-month period beginning with the first payment due on the covered loan on or after ,february #a1 #bjba2 and 7bb7 an additional #e-month period immediately following the end of the #c-month period provided under item 7aa7 if the covered loan is made to a borrower that1 according to records of the ,administration1 is assigned a ,north ,american ,industry ,classification ,system code beginning with #fa1 #ga1 #gb1 #bac1 #cae1 #ddh1 #dea1 #dha1 #dhe1 #dhg1 #eaa1 #eab1 #eae1 #ecb1 or #hab2 and 7,,ii7 with respect to a covered loan described in paragraph 7#a77;,a77i7 or 7#b7 of subsection 7a71 the ,administrator shall make those payments for the #h-month period beginning with the first payment due on the covered loan on or after ,february #a1 #bjba4 7,b7 ,with respect to a covered loan made before the date of enactment of this ,act and on deferment1 the ,administrator shall make those payments as follows3 7i7 ,the ,administrator shall make those payments for the #f-month period beginning with the next payment due on the covered loan after the deferment period4 7ii7 ,in addition to the payments under clause 7i7-- 7,i7 with respect to a covered loan other than a covered loan described in paragraph 7#a77;,a77i7 or 7#b7 of subsection 7a71 the ,administrator shall make those payments for-- 7aa7 the #c-month period 7beginning on or after ,february #a1 #bjba7 beginning with the later of-- 7,,aa7 the next payment due on the covered loan after the deferment period2 or 7,,bb7 the first month after the ,administrator has completed the payments under clause 7i72 and 7bb7 an additional #e-month period immediately following the end of the #c-month period provided under item 7aa7 if the covered loan is made to a borrower that1 according to records of the ,administration1 is assigned a ,north ,american ,industry ,classification ,system code beginning with #fa1 #ga1 #gb1 #bac1 #cae1 #ddh1 #dea1 #dha1 #dhe1 #dhg1 #eaa1 #eab1 #eae1 #ecb1 or #hab2 and 7,,ii7 with respect to a loan described in paragraph 7#a77;,a77i7 or 7#b7 of subsection 7a71 the #h-month period 7beginning on or after ,february #a1 #bjba7 beginning with the later of-- 7aa7 the next payment due on the covered loan after the deferment period2 or 7bb7 the first month after the payments under clause 7i7 are complete4 7,c7 ,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 #f months after such date of enactment1 for the #f-month period beginning with the first payment due on the covered loan4 7,d7 ,with respect to a covered loan approved during the period beginning on ,february #a1 #bjba1 and ending on ,september #cj1 #bjba1 for the #f-month period beginning with the first payment due on the covered loan4 2 and 7,b7 by adding at the end the following3 7#d7 ,limitation 7,a7 ,in general ,no single monthly payment of principal1 interest1 and associated fees made by the ,administrator under subparagraph 7,a77ii71 7,b77ii71 or 7,d7 of paragraph 7#a7 with respect to a covered loan may be in a total amount that is more than #i1jjj4 7,b7 ,treatment of additional amounts owed ,if1 for a month1 the total amount of principal1 interest1 and associated fees that are owed on a covered loan for which the ,administration makes payments under paragraph 7#a7 is more than #i1jjj the ,administrator may require the lender with respect to the covered loan to add the amount by which those costs exceed #i1jjj for that month as interest to be paid by the borrower with respect to the covered loan at the end of the loan period4 7#e7 ,additional provisions for new loans ,with respect to a loan described in paragraph 7#a77;,c7-- 7,a7 the ,administrator may further extend the period described in paragraph 7#a77;,c7 if there are sufficient funds to continue those payments2 and 7,b7 during the underwriting process1 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 loan4 7#f7 ,eligibility ,eligibility for a covered loan to receive such payments of principal1 interest1 and any associated fees under this subsection shall be based on the date on which the covered loan is approved by the ,administration4 7#g7 ,authority to revise extensions 7,a7 ,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 7#a74 7,b7 ,plan ,if the ,administrator determines under subparagraph 7,a7 that the amounts made available to make payments under this subsection are insufficient1 the ,administrator shall-- 7i7 develop a plan to proportionally reduce the number of months provided for each period described in paragraph 7#a71 while ensuring all amounts made available to make payments under this subsection are fully expended2 and 7ii7 before taking action under the plan developed under clause 7i71 submit to ,congress a report regarding the plan1 which shall include the data that informs the plan4 7#h7 ,additional requirements ,with respect to the payments made under this subsection-- 7,a7 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 7#a72 and 7,b7 the ,administrator shall1 with respect to a covered loan1 make all payments with respect to the covered loan under paragraph 7#a7 not later than the #aeth day of the applicable month4 7#i7 ,rule of construction ,except as provided in paragraph 7#d71 nothing in this subsection may be construed to preclude a borrower from receiving full payments of principal1 interest1 and any associated fees authorized under this subsection with respect to a covered loan4 2 7#b7 by redesignating subsection 7f7 as subsection 7i72 and 7#c7 by inserting after subsection 7e7 the following3 7f7 ,eligibility for new loans ,for each individual lending program under this section1 the ,administrator may establish a minimum loan maturity period1 taking into consideration the normal underwriting requirements for each such program1 with the goal of preventing abuse under the program4 7g7 ,limitation on assistance ,a borrower may not receive assistance under subsection 7c7 for more than #a covered loan of the borrower described in paragraph 7#a77;,c7 of that subsection4 7h7 ,reporting and outreach 7#a7 ,updated information 7,a7 ,in general ,not later than #ad days after the date of enactment of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act1 the ,administrator shall make publicly available information regarding the modifications to the assistance provided under this section under the amendments made by such ,act4 7,b7 ,guidance ,not later than #ba days after the date of enactment of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 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 ,act4 7#b7 ,publication of list ,not later than ,march #a1 #bjba1 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 borrower1 based on the records of the ,administration1 to assist the lenders in identifying which borrowers qualify for an extension of payments under subsection 7c74 7#c7 ,education and outreach ,the ,administrator shall provide education1 outreach1 and communication to lenders1 borrowers1 district offices1 and resource partners of the ,administration in order to ensure full and proper compliance with this section1 encourage broad participation with respect to covered loans that have not yet been approved by the ,administrator1 and help lenders transition borrowers from subsidy payments under this section directly to a deferral when suitable for the borrower4 7#d7 ,notification ,not later than #cj days after the date of enactment of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act1 the ,administrator shall mail a letter to each borrower of a covered loan that includes-- 7,a7 an overview of assistance provided under this section2 7,b7 the rights of the borrower to receive that assistance2 7,c7 how to seek recourse with the ,administrator or the lender of the covered loan if the borrower has not received that assistance2 and 7,d7 the rights of the borrower to request a loan deferral from a lender1 and guidance on how to do successfully transition directly to a loan deferral once subsidy payments under this section are concluded4 7#e7 ,monthly reporting ,not later than the #aeth of each month beginning after the date of enactment of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act1 the ,administrator shall submit to ,congress a report on assistance provided under this section1 which shall include-- 7,a7 monthly and cumulative data on payments made under this section as of the date of the report1 including a breakdown by-- 7i7 the number of participating borrowers2 7ii7 the volume of payments made for each type of covered loan2 and 7iii7 the volume of payments made for covered loans made before the date of enactment of this ,act and loans made after such date of enactment2 7,b7 the names of any lenders of covered loans that have not submitted information on the covered loans to the ,administrator during the preceding month2 and 7,c7 an update on the education and outreach activities of the ,administration carried out under paragraph 7#c74 4 7b7 ,effective date2 applicability ,the amendments made by subsection 7a7 shall be effective as if included in the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha74 #cbf4 ,modifications to #g7;a7 loan programs 7a7 #g7;a7 loan guarantees 7#a7 ,in general ,section #g7;a77#b77;,a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#b77;,a77 is amended by striking 71 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 ,administration71 such participation by the ,administration shall be equal to #ij percent of the balance of the financing outstanding at the time of disbursement of the loan44 7#b7 ,prospective repeal ,effective ,october #a1 #bjba1 section #g7;a77#b77;,a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#b77;,a771 as amended by paragraph 7#a71 is amended to read as follows3 7,a7 ,in general ,except as provided in subparagraphs 7,b71 7,d71 7,e71 and 7,f71 in an agreement to participate in a loan on a deferred basis under this subsection 7including a loan made under the ,preferred ,lenders ,program71 such participation by the ,administration shall be equal to-- 7i7 #ge percent of the balance of the financing outstanding at the time of disbursement of the loan1 if such balance exceeds #aej1jjj2 or 7ii7 #he percent of the balance of the financing outstanding at the time of disbursement of the loan1 if such balance is less than or equal to #aej1jjj4 4 7b7 ,express loans 7#a7 ,loan amount ,section #aajb7;c77#b7 of the ,,cares ,act 7,public ,law #aaf-acf2 #ae ,u4,s4,c4 #fcf note7 is amended to read as follows3 7#b7 ,prospective repeal ,effective on ,october #a1 #bjba1 section #g7;a77#ca77;,d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#ca77;,d77 is amended by striking #a1jjj1jjj and inserting #ejj1jjj4 4 7#b7 ,guarantee rates 7,a7 ,temporary modification ,section #g7;a77#ca77;,a77iv7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#ca77;,a77iv77 is amended by striking with a guaranty rate of not more than #ej percent4 and inserting the following3 with a guarantee rate-- 7,i7 for a loan in an amount less than or equal to #cej1jjj1 of not more than #ge percent2 and 7,,ii7 for a loan in an amount greater than #cej1jjj1 of not more than #ej percent4 4 7,b7 ,prospective repeal ,effective ,october #a1 #bjba1 section #g7;a77#ca77;,a77iv7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#ca77;iv771 as amended by subparagraph 7,a71 is amended by striking guarantee rate and all that follows through the period at the end and inserting guarantee rate of not more than #ej percent44 #cbg4 ,temporary fee reductions 7a7 ,administrative fee waiver 7#a7 ,in general ,during the period beginning on the date of enactment of this ,act and ending on ,september #cj1 #bjba1 and to the extent that the cost of such elimination or reduction of fees is offset by appropriations1 with respect to each loan guaranteed under section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 7including a recipient of assistance under the ,community ,advantage ,pilot ,program of the ,administration7 for which an application is approved or pending approval on or after the date of enactment of this ,act1 the ,administrator shall-- 7,a7 in lieu of the fee otherwise applicable under section #g7;a77#bc77;,a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#bc77;,a771 collect no fee or reduce fees to the maximum extent possible2 and 7,b7 in lieu of the fee otherwise applicable under section #g7;a77#ah77;,a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#ah77;,a771 collect no fee or reduce fees to the maximum extent possible4 7#b7 ,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 7#a71 the ,administrator shall-- 7,a7 first use any amounts provided to eliminate or reduce fees paid by small business borrowers under clauses 7i7 through 7iii7 of section #g7;a77#ah77;,a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#ah77;,a771 to the maximum extent possible2 and 7,b7 then use any amounts provided to eliminate or reduce fees under #g7;a77#bc77;,a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#bc77;,a774 7b7 ,temporary fee elimination for the #ejd loan program 7#a7 ,in general ,during the period beginning on the date of enactment of this ,act and ending on ,september #cj1 #bjba1 and to the extent the cost of such elimination in fees is offset by appropriations1 with respect to each project or loan guaranteed by the ,administrator pursuant to title ,v of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fie et seq47 for which an application is approved or pending approval on or after the date of enactment of this ,act-- 7,a7 the ,administrator shall1 in lieu of the fee otherwise applicable under section #ejc7;d77#b7 of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fig7;d77#b771 collect no fee2 and 7,b7 a development company shall1 in lieu of the processing fee under section #abj4iga7;a77#a7 of title #ac1 ,code of ,federal ,regulations 7relating to fees paid by borrowers71 or any successor regulation1 collect no fee4 7#b7 ,reimbursement for waived fees 7,a7 ,in general ,to the extent that the cost of such payments is offset by appropriations1 the ,administrator shall reimburse each development company that does not collect a processing fee pursuant to paragraph 7#a77;,b74 7,b7 ,amount ,the payment to a development company under clause 7i7 shall be in an amount equal to #a4e percent of the net debenture proceeds for which the development company does not collect a processing fee pursuant to paragraph 7#a77;,b74 #cbh4 ,low-interest refinancing 7a7 ,low-,interest refinancing under the local development business loan program 7#a7 ,repeal ,section #eba7;a7 of title ,v of division ,e of the ,consolidated ,appropriations ,act1 #bjaf 7#ae ,u4,s4,c4 #fif note7 is repealed4 7#b7 ,refinancing ,section #ejb7g7 of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fif7g77 is amended-- 7,a7 in subparagraph 7,b71 in the matter preceding clause 7i71 by striking #ej and inserting #ajj2 and 7,b7 by adding at the end the following3 7,c7 ,refinancing not involving expansions 7i7 ,definitions ,in this subparagraph-- 7,i7 the term borrower means a small business concern that submits an application to a development company for financing under this subparagraph2 7,,ii7 the term eligible fixed asset means tangible property relating to which the ,administrator may provide financing under this section2 and 7,,iii7 the term qualified debt means indebtedness-- 7aa7 that was incurred not less than #f months before the date of the application for assistance under this subparagraph2 7bb7 that is a commercial loan2 7cc7 the proceeds of which were used to acquire an eligible fixed asset2 7dd7 that was incurred for the benefit of the small business concern2 and 7ee7 that is collateralized by eligible fixed assets4 7ii7 ,authority ,a project that does not involve the expansion of a small business concern may include the refinancing of qualified debt if-- 7,i7 the amount of the financing is not more than #ij percent of the value of the collateral for the financing1 except that1 if the appraised value of the eligible fixed assets serving as collateral for the financing is less than the amount equal to #abe percent of the amount of the financing1 the borrower may provide additional cash or other collateral to eliminate any deficiency2 7,,ii7 the borrower has been in operation for all of the #b-year period ending on the date the loan application is submitted2 and 7,,iii7 for a financing for which the ,administrator determines there will be an additional cost attributable to the refinancing of the qualified debt1 the borrower agrees to pay a fee in an amount equal to the anticipated additional cost4 7iii7 ,financing for business expenses 7,i7 ,financing for business expenses ,the ,administrator may provide financing to a borrower that receives financing that includes a refinancing of qualified debt under clause 7ii71 in addition to the refinancing under clause 7ii71 to be used solely for the payment of business expenses4 7,,ii7 ,application for financing ,an application for financing under subclause 7,i7 shall include-- 7aa7 a specific description of the expenses for which the additional financing is requested2 and 7bb7 an itemization of the amount of each expense4 7,,iii7 ,condition on additional financing ,a borrower may not use any part of the financing under this clause for non-business purposes4 7iv7 ,loans based on jobs 7,i7 ,job creation and retention goals 7aa7 ,in general ,the ,administrator may provide financing under this subparagraph for a borrower that meets the job creation goals under subsection 7d7 or 7e7 of section #eja4 7bb7 ,alternate job retention goal ,the ,administrator may provide financing under this subparagraph to a borrower that does not meet the goals described in item 7aa7 in an amount that is not more than the product obtained by multiplying the number of employees of the borrower by #ge1jjj4 7,,ii7 ,number of employees ,for purposes of subclause 7,i71 the number of employees of a borrower is equal to the sum of-- 7aa7 the number of full-time employees of the borrower on the date on which the borrower applies for a loan under this subparagraph2 and 7bb7 the product obtained by multiplying-- 7,,aa7 the number of part-time employees of the borrower on the date on which the borrower applies for a loan under this subparagraph1 by 7,,bb7 the quotient obtained by dividing the average number of hours each part time employee of the borrower works each week by #dj4 7v7 ,total amount of loans ,the ,administrator may provide not more than a total of #g1ejj1jjj1jjj of financing under this subparagraph for each fiscal year4 4 7b7 ,express loan authority for accredited lenders 7#a7 ,in general ,section #ejg of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fig;d7 is amended by striking subsection 7e7 and inserting the following3 7e7 ,express loan authority ,a local development company designated as an accredited lender in accordance with subsection 7b7-- 7#a7 may-- 7,a7 approve1 authorize1 close1 and service covered loans that are funded with proceeds of a debenture issued by the company2 and 7,b7 authorize the guarantee of a debenture described in subparagraph 7,a72 and 7#b7 with respect to a covered loan1 shall be subject to final approval as to eligibility of any guarantee by the ,administration pursuant to section #ejc7;a71 but such final approval shall not include review of decisions by the lender involving creditworthiness1 loan closing1 or compliance with legal requirements imposed by law or regulation4 7f7 ,definitions ,in this section-- 7#a7 the term accredited lender certified company means a certified development company that meets the requirements under subsection 7b71 including a certified development company that the ,administration has designated as an accredited lender under that subsection2 7#b7 the term covered loan-- 7,a7 means a loan made under section #ejb in an amount that is not more than #ejj1jjj2 and 7,b7 does not include a loan made to a borrower that is in an industry that has a high rate of default1 as annually determined by the ,administrator and reported in rules of the ,administration2 and 7#c7 the term qualified ,state or local development company has the meaning given the term in section #ejc7;e74 4 7#b7 ,prospective repeal ,effective on ,september #cj1 #bjbc1 section #ejg of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fig;d71 as amended by paragraph 7#a71 is amended by striking subsections 7e7 and 7f7 and inserting the following3 7e7 ,definition ,in this section1 the term qualified ,state or local development company has the meaning given the term in section #ejc7;e74 4 7c7 ,refinancing ,senior ,project ,debt ,during the #a-year period beginning on the date of enactment of this ,act1 a development company described in title ,v of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fie et seq47 is authorized to allow the refinancing of a senior loan on an existing project in an amount that1 when combined with the outstanding balance on the development company loan1 is not more than #ij percent of the total loan to value4 ,proceeds of such refinancing can be used to support business operating expenses4 #cbi4 ,recovery assistance under the microloan program 7a7 ,loans to intermediaries 7#a7 ,in general ,section #g7m7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7m77 is amended-- 7,a7 in paragraph 7#c77;,c7-- 7i7 by striking and #f1jjj1jjj and inserting #aj1jjj1jjj 7in the aggregate72 and 7ii7 by inserting before the period at the end the following3 1 and #d1ejj1jjj in any of those remaining years2 7,b7 in paragraph 7#d7-- 7i7 in subparagraph 7,a71 by striking subparagraph 7,c7 each place that term appears and inserting subparagraphs 7,c7 and 7,g72 7ii7 in subparagraph 7,c71 by amending clause 7i7 to read as follows3 7i7 ,in general ,in addition to grants made under subparagraph 7,a7 or 7,g71 each intermediary shall be eligible to receive a grant equal to #e percent of the total outstanding balance of loans made to the intermediary under this subsection if-- 7,i7 the intermediary provides not less than #be percent of its loans to small business concerns located in or owned by #a or more residents of an economically distressed area2 or 7,,ii7 the intermediary has a portfolio of loans made under this subsection-- 7aa7 that averages not more than #aj1jjj during the period of the intermediary's participation in the program2 or 7bb7 of which not less than #be percent is serving rural areas during the period of the intermediary's participation in the program4 2 and 7iii7 by adding at the end the following3 7,g7 ,grant amounts based on appropriations ,in any fiscal year in which the amount appropriated to make grants under subparagraph 7,a7 is sufficient to provide to each intermediary that receives a loan under paragraph 7#a77;,b77i7 a grant of not less than #be percent of the total outstanding balance of loans made to the intermediary under this subsection1 the ,administration shall make a grant under subparagraph 7,a7 to each intermediary of not less than #be percent and not more than #cj percent of that total outstanding balance for the intermediary4 2 and 7,c7 in paragraph 7#aa7-- 7i7 in subparagraph 7,c77ii71 by striking all after the semicolon and inserting and2 and 7ii7 by striking all after subparagraph 7,c7 and inserting the following3 7,d7 the term economically distressed area1 as used in paragraph 7#d71 means a county or equivalent division of local government of a ,state in which the small business concern is located1 in which1 according to the most recent data available from the ,bureau of the ,census1 ,department of ,commerce1 not less than #dj percent of residents have an annual income that is at or below the poverty level4 4 7#b7 ,prospective amendment ,effective on ,october #a1 #bjba1 section #g7m77#c77;,c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7m77#c77;,c771 as amended by paragraph 7#a77;,a71 is amended-- 7,a7 by striking #aj1jjj1jjj and by inserting #g1jjj1jjj2 and 7,b7 by striking #d1ejj1jjj and inserting #c1jjj1jjj4 7b7 ,temporary waiver of technical assistance grants matching requirements and flexibility on pre- and post-,loan assistance ,during the period beginning on the date of enactment of this ,act and ending on ,september #cj1 #bjba1 the ,administration shall waive-- 7#a7 the requirement to contribute non-,federal funds under section #g7m77#d77;,b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7m77#d77;,b772 and 7#b7 the limitation on amounts allowed to be expended to provide information and technical assistance under clause 7i7 of section #g7m77#d77;,e7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7m77#d77;,e77 and enter into third party contracts for the provision of technical assistance under clause 7ii7 of such section #g7m77#d77;,e74 7c7 ,temporary duration of loans to borrowers 7#a7 ,in general ,during the period beginning on the date of enactment of this ,act and ending on ,september #cj1 #bjba1 the duration of a loan made by an eligible intermediary under section #g7m7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7m77-- 7,a7 to an existing borrower may be extended to not more than #h years2 and 7,b7 to a new borrower may be not more than #h years4 7#b7 ,reversion ,on and after ,october #a1 #bjba1 the duration of a loan made by an eligible intermediary to a borrower under section #g7m7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7m77 shall be #g years or such other amount established by the ,administrator4 7d7 ,funding ,section #bj of the ,small ,business ,act 7#ae ,u4,s4,c4 #fca note7 is amended by adding at the end the following3 7h7 ,microloan program ,for each of fiscal years #bjba through #bjbe1 the ,administration is authorized to make-- 7#a7 #hj1jjj1jjj in technical assistance grants1 as provided in section #g7m72 and 7#b7 #aaj1jjj1jjj in direct loans1 as provided in section #g7m74 4 7e7 ,authorization of appropriations ,in addition to amounts provided under the ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-ic2 #acc ,stat4 #bcag7 for the program established under section #g7m7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7m77 and amounts provided for fiscal year #bjba for that program1 there is authorized to be appropriated for fiscal year #bjba1 to remain available until expended-- 7#a7 #ej1jjj1jjj to provide technical assistance grants under such section #g7m72 and 7#b7 #g1jjj1jjj to provide direct loans under such section #g7m74 #ccj4 ,extension of participation in #h7;a7 program 7a7 ,in general ,the ,administrator shall ensure that a small business concern participating in the program established under section #h7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;a77 on or before ,september #i1 #bjbj1 may elect to extend such participation by a period of #a year1 regardless of whether the small business concern previously elected to suspend participation in the program pursuant to guidance of the ,administrator4 7b7 ,emergency rulemaking authority ,not later than #ae days after the date of enactment of this ,act1 the ,administrator shall issue regulations to carry out this section without regard to the notice requirements under section #eec7;b7 of title #e1 ,united ,states ,code4 #cca4 ,targeted ,,eidl advance for small business continuity1 adaptation1 and resiliency 7a7 ,definitions ,in this section3 7#a7 ,agricultural enterprise ,the term agricultural enterprise has the meaning given the term in section #ah7;b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdg7;b774 7#b7 ,covered entity ,the term covered entity-- 7,a7 means an eligible entity that-- 7i7 applies for a loan under section #g7;b77#b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;b77#b77 during the covered period1 including before the date of enactment of this ,act2 7ii7 is located in a low-income community2 7iii7 has suffered an economic loss of greater than #cj percent2 and 7iv7 employs not more than #cjj employees2 and 7,b7 except with respect to an entity included under section #abc4cjj7;c7 of title #ac1 ,code of ,federal ,regulations1 or any successor regulation1 does not include an agricultural enterprise4 7#c7 ,covered period ,the term covered period has the meaning given the term in section #aaaj7;a77#a7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijji7;a77#a771 as amended by section #ccb of this ,act4 7#d7 ,economic loss ,the term economic loss means1 with respect to a covered entity-- 7,a7 the amount by which the gross receipts of the covered entity declined during an #h-week period between ,march #b1 #bjbj1 and ,december #ca1 #bjba1 relative to a comparable #h-week period immediately preceding ,march #b1 #bjbj1 or during #bjai2 or 7,b7 if the covered entity is a seasonal business concern1 such other amount determined appropriate by the ,administrator4 7#e7 ,eligible entity ,the term eligible entity means an entity that1 during the covered period1 is eligible for a loan made under section #g7;b77#b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;b77#b771 as described in section #aaaj7;b7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijji7;b774 7#f7 ,low-income community ,the term low-income community has the meaning given the term in section #de;,d7e7 of the ,internal ,revenue ,code of #aihf4 7b7 ,entitlement to full amount 7#a7 ,in general ,subject to paragraph 7#b71 a covered entity1 after submitting a request to the ,administrator that the ,administrator verifies under subsection 7c71 shall receive a total of #aj1jjj under section #aaaj7;e7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijji7;e771 without regard to whether-- 7,a7 the applicable loan for which the covered entity applies or applied under section #g7;b77#b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;b77#b77 is or was approved2 7,b7 the covered entity accepts or accepted the offer of the ,administrator with respect to an approved loan described in subparagraph 7,a72 or 7,c7 the covered entity has previously received a loan under section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf774 7#b7 ,effect of previously received amounts 7,a7 ,in general ,with respect to a covered entity that received an emergency grant under section #aaaj7;e7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijji7;e77 before the date of enactment of this ,act1 the amount of the payment that the covered entity shall receive under this subsection 7after satisfaction of the procedures required under subparagraph 7,b77 shall be the difference between #aj1jjj and the amount of that previously received grant4 7,b7 ,procedures ,if the ,administrator receives a request under paragraph 7#a7 from a covered entity described in subparagraph 7,a7 of this paragraph1 the ,administrator shall1 not later than #ba days after the date on which the ,administrator receives the request-- 7i7 perform the verification required under subsection 7c72 7ii7 if the ,administrator1 under subsection 7c71 verifies that the entity is a covered entity1 provide to the covered entity a payment in the amount described in subparagraph 7,a72 and 7iii7 with respect to a covered entity that the ,administrator determines is not entitled to a payment under this section1 provide the covered entity with a notification explaining why the ,administrator reached that determination4 7,c7 ,rule of construction ,nothing in this paragraph may be construed to require any entity that received an emergency grant under section #aaaj7;e7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijji7;e77 before the date of enactment of this ,act to repay any amount of that grant4 7c7 ,verification ,in carrying out this section1 the ,administrator shall require any information1 including any tax records1 from an entity submitting a request under subsection 7b7 that the ,administrator determines to be necessary to verify that the entity is a covered entity1 without regard to whether the entity has previously submitted such information to the ,administrator4 7d7 ,order of processing ,the ,administrator shall process and approve requests for payments under subsection 7b7 in the order that the ,administrator receives the requests1 except that the ,administrator shall give-- 7#a7 first priority to covered entities described in subsection 7b77#b77;,a72 and 7#b7 second priority to covered entities that have not received emergency grants under section #aaaj7;e7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijji7;e771 as of the date on which the ,administrator receives such a request1 because of the unavailability of funding to carry out such section #aaaj7;e74 7e7 ,applicability ,in addition to any other restriction imposed under this section1 any eligibility restriction applicable to a loan made under section #g7;b77#b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;b77#b771 including any restriction under section #abc4cjj or #abc4cja of title #ac1 ,code of ,federal ,regulations1 or any successor regulation1 shall apply with respect to funding provided under this section4 7f7 ,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 7ii71 7iii71 and 7iv7 of subsection 7a77#b77;,a73 7#a7 ,each entity that received an emergency grant under section #aaaj7;e7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijji7;e77 before the date of enactment of this ,act4 7#b7 ,each entity that1 before the date of enactment of this ,act-- 7,a7 applied for a loan under section #g7;b77#b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;b77#b772 and 7,b7 did not receive an emergency grant under section #aaaj7;e7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijji7;e77 because of the unavailability of funding to carry out such section #aaaj7;e74 7g7 ,administration ,in carrying out this section1 the ,administrator may rely on loan officers and other personnel of the ,office of ,disaster ,assistance of the ,administration and other resources of the ,administration1 including contractors of the ,administration4 7h7 ,authorization of appropriations ,there are authorized to be appropriated to the ,administrator #bj1jjj1jjj1jjj to carry out this section-- 7#a7 which shall remain available through ,december #ca1 #bjba2 and 7#b7 of which #bj1jjj1jjj is authorized to be appropriated to the ,inspector ,general of the ,administration to prevent waste1 fraud1 and abuse with respect to funding provided under this section4 #ccb4 ,emergency ,,eidl grants ,section #aaaj of the ,,cares ,act 7#ae ,u4,s4,c4 #ijji7 is amended-- 7#a7 in subsection 7a77#a71 by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjba2 7#b7 in subsection 7d71 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 approve an applicant-- 7,a7 based solely on the credit score of the applicant2 or 7,b7 by using alternative appropriate methods to determine an applicant's ability to repay2 and 7#b7 use information from the ,department of the ,treasury to confirm that-- 7,a7 an applicant is eligible to receive such a loan2 or 7,b7 the information contained in an application for such a loan is accurate4 2 and 7#c7 in subsection 7e7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,during the covered period and inserting the following3 7,a7 ,advances ,during the covered period 2 7ii7 in subparagraph 7,a71 as so designated1 by striking within #c days after the ,administrator receives an application from such applicant2 and 7iii7 by adding at the end the following3 7,b7 ,timing ,with respect to each request submitted to the ,administrator under subparagraph 7,a71 the ,administrator shall1 not later than #ba days after the date on which the ,administrator receives the request-- 7i7 verify whether the entity is an entity that is eligible for a loan made under section #g7;b77#b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;b77#b77 during the covered period1 as described in subsection 7b72 7ii7 if the ,administrator1 under clause 7i71 verifies that the entity submitting the request is an entity that is eligible1 as described in that clause1 provide the advance requested by the entity2 and 7iii7 with respect to an entity that the ,administrator determines is not entitled to receive an advance under this subsection1 provide the entity with a notification explaining why the ,administrator reached that determination4 2 7,b7 in paragraph 7#g71 by striking #bj1jjj1jjj1jjj and inserting #dj1jjj1jjj1jjj2 and 7,c7 in paragraph 7#h71 by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjba4 #ccc4 ,repeal of ,,eidl ,advance ,deduction 7a7 ,definitions ,in this section-- 7#a7 the term covered entity means an entity that receives an advance under section #aaaj7;e7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijji7;e771 including an entity that received such an advance before the date of enactment of this ,act2 and 7#b7 the term covered period has the meaning given the term in section #aaaj7;a77#a7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijji7;a77#a771 as amended by section #ccb of this ,act4 7b7 ,sense of ,congress ,it is the sense of ,congress that borrowers of loans made under section #g7;b77#b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;b77#b77 in response to ,,covid-#ai during the covered period should be made whole1 without regard to whether those borrowers are eligible for forgiveness with respect to those loans4 7c7 ,repeal ,section #aaaj7;e77#f7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijji7;e77#f77 is repealed4 7d7 ,effective date2 applicability ,the amendment made by subsection 7c7 shall be effective as if included in the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha74 7e7 ,rulemaking 7#a7 ,in general ,not later than #ae days after the date of enactment of this ,act1 the ,administrator shall issue rules that ensure the equal treatment of all covered entities with respect to the amendment made by subsection 7c71 which shall include consideration of covered entities that1 before the date of enactment of this ,act1 completed the loan forgiveness process described in section #aaaj7;e77#f7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijji7;e77#f771 as in effect before that date of enactment4 7#b7 ,notice and comment ,the notice and comment requirements under section #eec of title #e1 ,united ,states ,code1 shall not apply with respect to the rules issued under paragraph 7#a74 #ccd4 ,flexibility in deferral of payments of #g7;a7 loans ,section #g7;a77#g7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#g77 is amended-- 7#a7 by striking ,the ,administration and inserting 7,a7 ,in general4--,the ,administrator2 7#b7 in subparagraph 7,a71 as so designated1 by inserting and interest after principal2 and 7#c7 by adding at the end the following3 7,b7 ,deferral requirements ,with respect to a deferral provided under this paragraph1 the ,administrator may allow lenders under this subsection-- 7i7 to provide full payment deferment relief 7including payment of principal and interest7 for a period of not more than #a year2 and 7ii7 to provide an additional deferment period if the borrower provides documentation justifying such additional deferment4 7,c7 ,secondary market 7i7 ,in general ,except as provided in clause 7ii71 if an investor declines to approve a deferral or additional deferment requested by a lender under subparagraph 7,b71 the ,administrator shall exercise the authority to purchase the loan so that the borrower may receive full payment deferment relief 7including payment of principal and interest7 or an additional deferment as described in subparagraph 7,b74 7ii7 ,exception ,if1 in a fiscal year1 the ,administrator determines that the cost of implementing clause 7i7 is greater than zero1 the ,administrator shall not implement that clause4 4 #cce4 ,documentation required for certain eligible recipients 7a7 ,in general ,section #g7;a77#cf77;,d77ii77,,ii7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,d77ii77,,ii77 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 ,secretary1 to establish the applicant as eligible44 7b7 ,effective date2 applicability ,the amendment made by subsection 7a7 shall be effective as if included in the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha7 and shall apply to any loan made pursuant to section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 before1 on1 or after the date of enactment of this ,act1 including forgiveness of such a loan4 #ccf4 ,election of #ab-week period by seasonal employers 7a7 ,in general ,section #g7;a77#cf77;,e77i77,i77aa77,,aa7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,e77i77,i77aa77,,aa77 is amended by striking 1 in the case of an applicant and all that follows through ,june #cj1 #bjai and inserting the following3 an applicant that is a seasonal employer shall use the average total monthly payments for payroll for any #ab-week period selected by the seasonal employer between ,february #ae1 #bjai1 and ,february #ae1 #bjbj4 7b7 ,effective date2 applicability 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendment made by subsection 7a7 shall be effective as if included in the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha7 and shall apply to any loan made pursuant to section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 before1 on1 or after the date of enactment of this ,act1 including forgiveness of such a loan4 7#b7 ,exclusion of loans already forgiven ,the amendment made by subsection 7a7 shall not apply to a loan made pursuant to section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 for which the borrower received forgiveness before the date of enactment of this ,act under section #aajf of the ,,cares ,act1 as in effect on the day before such date of enactment4 #ccg4 ,inclusion of certain refinancing in nonrecourse requirements 7a7 ,in general ,section #g7;a77#cf77;,f77v7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,f77v77 is amended by striking clause 7i7 and inserting clause 7i7 or 7iv74 7b7 ,effective date2 applicability ,the amendment made by subsection 7a7 shall be effective as if included in the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha7 and shall apply to any loan made pursuant to section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 before1 on1 or after the date of enactment of this ,act1 including forgiveness of such a loan4 #cch4 ,application of certain terms through life of covered loan 7a7 ,in general ,section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 is amended-- 7#a7 in subparagraph 7,h71 in the matter preceding clause 7i71 by striking ,during the covered period1 with and inserting ,with2 7#b7 in subparagraph 7,j71 in the matter preceding clause 7i71 by striking ,during the covered period1 with and inserting ,with2 and 7#c7 in subparagraph 7,m7-- 7,a7 in clause 7ii71 in the matter preceding subclause 7,i71 by striking ,during the covered period1 the and inserting ,the2 and 7,b7 in clause 7iii71 by striking ,during the covered period1 with and inserting ,with4 7b7 ,effective date2 applicability ,the amendments made by subsection 7a7 shall be effective as if included in the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha7 and shall apply to any loan made pursuant to section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 before1 on1 or after the date of enactment of this ,act1 including forgiveness of such a loan4 #cci4 ,interest calculation on covered loans 7a7 ,definitions ,in this section1 the terms covered loan and eligible recipient have the meanings given the terms in section #g7;a77#cf77;,a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,a774 7b7 ,calculation ,section #g7;a77#cf77,l7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77,l77 is amended by inserting 1 calculated on a non-compounding1 non-adjustable basis after #d percent4 7c7 ,applicability ,the amendment made by subsection 7b7 may apply with respect to a covered loan made before the date of enactment of this ,act1 upon the agreement of the lender and the eligible recipient with respect to the covered loan4 #cdj4 ,reimbursement for processing 7a7 ,reimbursement ,section #g7;a77#cf77,p7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77,p77 is amended-- 7#a7 by amending clause 7i7 to read as follows3 7i7 ,in general ,the ,administrator shall reimburse a lender authorized to make a covered loan as follows3 7,i7 ,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 ,businesses1 ,nonprofits1 and ,venues ,act1 the ,administrator shall reimburse such a lender at a rate1 based on the balance of the financing outstanding at the time of disbursement of the covered loan1 of-- 7aa7 #e percent for loans of not more than #cej1jjj2 7bb7 #c percent for loans of more than #cej1jjj and less than #b1jjj1jjj2 and 7cc7 #a percent for loans of not less than #b1jjj1jjj4 7,,ii7 ,with respect to a covered loan made on or after the date of enactment of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act1 the ,administrator shall reimburse such a lender-- 7aa7 for a covered loan of not more than #ej1jjj1 in an amount equal to the lesser of-- 7,,aa7 #ej percent of the balance of the financing outstanding at the time of disbursement of the covered loan2 or 7,,bb7 #b1ejj2 and 7bb7 at a rate1 based on the balance of the financing outstanding at the time of disbursement of the covered loan1 of-- 7,,aa7 #e percent for a covered loan of more than #ej1jjj and not more than #cej1jjj2 7,,bb7 #c percent for a covered loan of more than #cej1jjj and less than #b1jjj1jjj2 and 7,,cc7 #a percent for a covered loan of not less than #b1jjj1jjj4 2 and 7#b7 by amending clause 7iii7 to read as follows3 7iii7 ,timing ,a reimbursement described in clause 7i7 shall be made not later than #e 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 loan4 4 7b7 ,fee limits 7#a7 ,in general ,section #g7;a77#cf77,p77ii7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77,p77ii77 is amended by adding at the end the following3 ,if an eligible recipient has knowingly retained an agent1 such fees shall be paid by the eligible recipient and may not be paid out of the proceeds of a covered loan4 ,a lender shall only be responsible for paying fees to an agent for services for which the lender directly contracts with the agent44 7#b7 ,effective date2 applicability ,the amendment made by paragraph 7#a7 shall be effective as if included in the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha7 and shall apply to any loan made pursuant to section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 before1 on1 or after the date of enactment of this ,act1 including forgiveness of such a loan4 #cda4 ,duplication requirements for economic injury disaster loan recipients ,section #g7;a77#cf77,q7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77,q77 is amended by striking during the period beginning on ,january #ca1 #bjbj1 and ending on the date on which covered loans are made available4 #cdb4 ,prohibition of eligibility for publicly-traded companies ,section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 is amended-- 7#a7 in subparagraph 7,a71 as amended by section #cah of this ,act1 by adding at the end the following3 7xvi7 the terms exchange1 issuer1 and security have the meanings given those terms in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a774 2 and 7#b7 in subparagraph 7,d71 as amended by section #cah of this ,act by adding at the end the following3 7viii7 ,ineligibility of publicly-traded entities ,notwithstanding any other provision of this paragraph1 on and after the date of enactment of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act1 an entity that is an issuer1 the securities of which are listed on an exchange registered as a national securities exchange under section #f of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;f71 shall be ineligible to receive a covered loan under this paragraph4 4 #cdc4 ,covered period for new paragraph 7#cf7 loans 7a7 ,in general ,section #g7;a77#cf77;,a77iii7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,a77iii77 is amended by striking ,december #ca1 #bjbj and inserting ,march #ca1 #bjba4 7b7 ,effective date2 applicability ,the amendment made by subsection 7a7 shall be effective as if included in the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha7 and shall apply to any loan made pursuant to section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 before1 on1 or after the date of enactment of this ,act1 including forgiveness of such a loan4 #cdd4 ,applicable periods for proration ,section #g7;a77#cf77;,a77viii7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,a77viii77 is amended-- 7#a7 in subclause 7,i77bb71 by striking in #a year1 as prorated for the covered period and inserting on an annualized basis1 as prorated for the period during which the payments are made or the obligation to make the payments is incurred2 and 7#b7 in subclause 7,,ii7-- 7,a7 in item 7aa71 by striking an annual salary of #ajj1jjj1 as prorated for the covered period and inserting #ajj1jjj on an annualized basis1 as prorated for the period during which the compensation is paid or the obligation to pay the compensation is incurred2 and 7,b7 in item 7bb71 by striking covered and inserting applicable4 #cde4 ,extension of waiver of matching funds requirement under the women's business center program 7a7 ,in general ,section #aaje of the ,,cares ,act 7#ae ,u4,s4,c4 #ijjd7 is amended by striking the #c-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 #cj1 #bjba4 7b7 ,effective date2 applicability ,the amendment made by subsection 7a7 shall be effective as if included in the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha74 #cdf4 ,clarification of use of ,,cares ,act funds for small business development centers 7a7 ,in general ,section #aajc7;b77#c77;,a7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijjb7;b77#c77;,a77 is amended-- 7#a7 by striking ,the ,administration and inserting the following3 7i7 ,in general ,the ,administration 2 and 7#b7 by adding at the end the following3 7ii7 ,clarification of use ,awards made under clause 7i7 shall be in addition to1 and separate from1 any amounts appropriated to make grants under section #ba7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdh7;a77 and such an award may be used to complement and support such a grant1 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 7#b74 4 7b7 ,effective date2 applicability ,the amendments made by subsection 7a7 shall be effective as if included in the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha74 #cdg4 ,,gao report ,not later than #abj days after the date of enactment of this ,act1 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 #bjbj1 the purpose of which was for administrative expenses4 #cdh4 ,effective date2 applicability ,except as otherwise provided in this ,act1 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 ,act4 ,,iv ,transportation ,a ,airline ,worker ,support ,extension #dja4 ,definitions ,unless otherwise specified1 the definitions in section #djajb7;a7 of title #di1 ,united ,states ,code1 shall apply to this subtitle1 except that in this subtitle-- 7#a7 the term catering functions means preparation1 assembly1 or both1 of food1 beverages1 provisions and related supplies for delivery1 and the delivery of such items1 directly to aircraft or to a location on or near airport property for subsequent delivery to aircraft2 7#b7 the term contractor means-- 7,a7 a person that performs1 under contract with a passenger air carrier conducting operations under part #aba of title #ad1 ,code of ,federal ,regulations-- 7i7 catering functions2 or 7ii7 functions on the property of an airport that are directly related to the air transportation of persons1 property1 or mail1 including1 but not limited to1 the loading and unloading of property on aircraft1 assistance to passengers under part #chb of title #ad1 ,code of ,federal ,regulations1 security1 airport ticketing and check-in functions1 ground-handling of aircraft1 or aircraft cleaning and sanitization functions and waste removal2 or 7,b7 a subcontractor that performs such functions2 7#c7 the term employee means an individual1 other than a corporate officer1 who is employed by an air carrier or a contractor2 7#d7 the term recall means the dispatch of a notice by a passenger air carrier or a contractor1 via mail1 courier1 or electronic mail1 to an involuntarily furloughed employee notifying the employee that-- 7,a7 the employee must1 within a specified period of time1 elect either-- 7i7 to return to employment or bypass return to employment1 in accordance with an applicable collective bargaining agreement or1 in the absence of a collective bargaining agreement1 company policy2 or 7ii7 to permanently separate from employment with the passenger air carrier or contractor2 and 7,b7 failure to respond within such time period specified shall be considered an election under subparagraph 7,a77ii72 7#e7 the term returning employee means an involuntarily furloughed employee who has elected to return to employment pursuant to a recall notice2 and 7#f7 the term ,secretary means the ,secretary of the ,treasury4 #djb4 ,pandemic relief for aviation workers 7a7 ,financial assistance for employee wages1 salaries1 and benefits ,notwithstanding any other provision of law1 to preserve aviation jobs and compensate air carrier industry workers1 the ,secretary shall provide financial assistance that shall exclusively be used for the continuation of payment of employee wages1 salaries1 and benefits to-- 7#a7 passenger air carriers1 in an aggregate amount up to #ae1jjj1jjj1jjj2 and 7#b7 contractors1 in an aggregate amount up to #a1jjj1jjj1jjj4 7b7 ,administrative expenses ,notwithstanding any other provision of law1 the ,secretary may use funds made available under section #daab7;b7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijgb7;b77 for costs and administrative expenses associated with providing financial assistance under this subtitle4 #djc4 ,procedures for providing payroll support 7a7 ,awardable amounts ,the ,secretary shall provide financial assistance under this subtitle-- 7#a7 to a passenger air carrier required to file reports pursuant to part #bda of title #ad1 ,code of ,federal ,regulations1 as of ,march #bg1 #bjbj1 in an amount equal to-- 7,a7 the amount such air carrier was approved to receive 7without taking into account any pro rata reduction7 under section #daac of the ,,cares ,act 7#ae ,u4,s4,c4 #ijgc72 or 7,b7 at the request of such air carrier1 or in the event such air carrier did not receive assistance under section #daac of the ,,cares ,act 7#ae ,u4,s4,c4 #ijgc71 the amount of the salaries and benefits reported by the air carrier to the ,department of ,transportation pursuant to such part #bda1 for the period from ,october #a1 #bjai1 through ,march #ca1 #bjbj2 7#b7 to a passenger air carrier that was not required to transmit reports under such part #bda1 as of ,march #bg1 #bjbj1 in an amount equal to-- 7,a7 the amount such air carrier was approved to receive 7without taking into account any pro rata reduction7 under section #daac of the ,,cares ,act 7#ae ,u4,s4,c4 #ijgc71 plus an additional #ae percent of such amount2 7,b7 at the request of such air carrier1 provided such air carrier received assistance under section #daac of the ,,cares ,act 7#ae ,u4,s4,c4 #ijgc71 the sum of-- 7i7 the amount that such air carrier certifies1 using sworn financial statements or other appropriate data1 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 #bda1 if such air carrier was required to transmit such information during the period from ,april #a1 #bjai1 through ,september #cj1 #bjai2 and 7ii7 an additional amount equal to the difference between the amount certified under clause 7i7 and the amount the air carrier received under section #daac of the ,,cares ,act 7#ae ,u4,s4,c4 #ijgc72 or 7,c7 in the event such air carrier did not receive assistance under section #daac of the ,,cares ,act 7#ae ,u4,s4,c4 #ijgc71 an amount that such an air carrier certifies1 using sworn financial statements or other appropriate data1 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 #bda1 if such air carrier was required to transmit such information during the period from ,october #a1 #bjai1 through ,march #ca1 #bjbj2 and 7#c7 to a contractor in an amount equal to-- 7,a7 the amount such contractor was approved to receive 7without taking into account any pro rata reduction7 under section #daac of the ,,cares ,act 7#ae ,u4,s4,c4 #ijgc72 or 7,b7 in the event such contractor did not receive assistance under section #daac of the ,,cares ,act 7#ae ,u4,s4,c4 #ijgc71 an amount that the contractor certifies1 using sworn financial statements or other appropriate data1 as the amount of wages1 salaries1 benefits1 and other compensation that such contractor paid the employees of such contractor during the period from ,october #a1 #bjai1 through ,march #ca1 #bjbj4 7b7 ,deadlines and procedures 7#a7 ,in general 7,a7 ,forms2 terms and conditions ,financial assistance provided to a passenger air carrier or contractor under this subtitle shall-- 7i7 be1 to the maximum extent practicable1 in the same form and on the same terms and conditions 7including 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 #djd71 as agreed to by the ,secretary and the recipient for assistance received under section #daac of the ,,cares ,act 7#ae ,u4,s4,c4 #ijgc71 except if inconsistent with this subtitle2 or 7ii7 in the event such a passenger air carrier or a contractor did not receive assistance under section #daac of the ,,cares ,act 7#ae ,u4,s4,c4 #ijgc71 be1 to the maximum extent practicable1 in the same form and on the same terms and conditions 7including 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 #djd71 as agreed to by the ,secretary and similarly situated recipients of assistance under such section #daac4 7,b7 ,procedures ,the ,secretary shall1 to the maximum extent practicable1 publish streamlined and expedited procedures not later than #e days after the date of enactment of this subtitle for passenger air carriers and contractors to submit requests for financial assistance under this subtitle4 7#b7 ,deadline for immediate payroll assistance ,not later than #aj days after the date of enactment of this subtitle1 the ,secretary shall make initial payments to passenger air carriers and contractors that submit requests for financial assistance approved by the ,secretary4 7#c7 ,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 7#b74 7c7 ,pro rata reductions ,the ,secretary shall have the authority to reduce1 on a pro rata basis1 the amounts due to passenger air carriers and contractors under subsection 7a7 in order to address any shortfall in assistance that would otherwise be provided under such subsection4 7d7 ,audits ,the ,inspector ,general of the ,department of the ,treasury shall audit certifications made under subsection 7a74 #djd4 ,required assurances 7a7 ,in general ,to be eligible for financial assistance under this subtitle1 a passenger air carrier or a contractor shall enter into an agreement with the ,secretary1 or otherwise certify in such form and manner as the ,secretary shall prescribe1 that the passenger air carrier or contractor shall-- 7#a7 refrain from conducting involuntary furloughs or reducing pay rates and benefits until-- 7,a7 with respect to passenger air carriers1 ,march #ca1 #bjba2 or 7,b7 with respect to contractors1 ,march #ca1 #bjba1 or the date on which the contractor expends such financial assistance1 whichever is later2 7#b7 ensure that neither the passenger air carrier or contractor nor any affiliate of the passenger air carrier or contractor may1 in any transaction1 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-- 7,a7 with respect to passenger air carriers1 ,march #ca1 #bjbb2 or 7,b7 with respect to contractors1 ,march #ca1 #bjbb1 or the date on which the contractor expends such financial assistance1 whichever is later2 7#c7 ensure that the passenger air carrier or contractor shall not pay dividends1 or make other capital distributions1 with respect to common stock 7or equivalent interest7 of the air carrier or contractor through-- 7,a7 with respect to passenger air carriers1 ,march #ca1 #bjbb2 or 7,b7 with respect to contractors1 ,march #ca1 #bjbb1 or the date on which the contractor expends such financial assistance1 whichever is later2 and 7#d7 meet the requirements of sections #dje and #djf4 7b7 ,recalls of employees ,an agreement or certification under this section shall require a passenger air carrier or contractor to perform the following actions3 7#a7 ,in the case of a passenger air carrier or contractor that received financial assistance under title ,,iv of the ,,cares ,act-- 7,a7 recall 7as defined in section #dja71 not later than #gb hours after executing such agreement or certification1 any employees involuntarily furloughed by such passenger air carrier or contractor between ,october #a1 #bjbj1 and the date such passenger air carrier or contractor enters into an agreement with the ,secretary with respect to financial assistance under this subtitle2 7,b7 compensate returning employees for lost pay and benefits 7offset by any amounts received by the employee from a passenger air carrier or contractor as a result of the employee's furlough1 including1 but not limited to1 furlough pay1 severance pay1 or separation pay7 between-- 7i7 in the case of a passenger air carrier1 ,december #a1 #bjbj1 and the date on which such passenger air carrier enters into an agreement with the ,secretary with respect to financial assistance under this subtitle2 or 7ii7 in the case of a contractor1 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 subtitle2 and 7,c7 restore the rights and protections for such returning employees as if such employees had not been involuntarily furloughed4 7#b7 ,in the case of a passenger air carrier or contractor that did not receive financial assistance under title ,,iv of the ,,cares ,act to-- 7,a7 recall 7as defined in section #dja71 within #gb hours after executing such agreement or certification1 any employees involuntarily furloughed by such passenger air carrier or contractor between ,march #bg1 #bjbj1 and the date such passenger air carrier or contractor enters into an agreement with the ,secretary for financial assistance under this subtitle2 7,b7 compensate returning employees under this paragraph for lost pay and benefits 7offset by any amounts received by the employee from a passenger air carrier or contractor as a result of the employee's furlough1 including1 but not limited to1 furlough pay1 severance pay1 or separation pay7 between-- 7i7 in the case of a passenger air carrier1 ,december #a1 #bjbj1 and the date such passenger air carrier enters into an agreement with the ,secretary for financial assistance under this subtitle2 or 7ii7 in the case of a contractor1 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 subtitle2 and 7,c7 restore the rights and protections for such returning employees as if such employees had not been involuntarily furloughed4 #dje4 ,protection of collective bargaining agreements 7a7 ,in general ,neither the ,secretary1 nor any other actor1 department1 or agency of the ,federal ,government1 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 7#de ,u4,s4,c4 #aea et seq47 or the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq471 regarding pay or other terms and conditions of employment4 7b7 ,passenger air carrier period of effect ,with respect to any passenger air carrier to which financial assistance is provided under this subtitle1 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 #ca1 #bjba4 7c7 ,contractor period of effect ,with respect to any contractor to which financial assistance is provided under this subtitle1 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 #ca1 #bjba1 or until the date on which all funds are expended1 whichever is later4 #djf4 ,limitation on certain employee compensation 7a7 ,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 that1 during the #b-year period beginning ,october #a1 #bjbj1 and ending ,october #a1 #bjbb-- 7#a7 no officer or employee of the passenger air carrier or contractor whose total compensation exceeded #dbe1jjj in calendar year #bjai 7other than an employee whose compensation is determined through an existing collective bargaining agreement entered into prior to the date of enactment of this subtitle7 will receive from the passenger air carrier or contractor-- 7,a7 total compensation that exceeds1 during any #ab consecutive months of such #b-year period1 the total compensation received by the officer or employee from the passenger air carrier or contractor in calendar year #bjai2 or 7,b7 severance pay or other benefits upon termination of employment with the passenger air carrier or contractor which exceeds twice the maximum total compensation received by the officer or employee from the passenger air carrier or contractor in calendar year #bjai2 and 7#b7 no officer or employee of the passenger air carrier or contractor whose total compensation exceeded #c1jjj1jjj in calendar year #bjai may receive during any #ab consecutive months of such period total compensation in excess of the sum of-- 7,a7 #c1jjj1jjj2 and 7,b7 #ej percent of the excess over #c1jjj1jjj of the total compensation received by the officer or employee from the passenger air carrier or contractor in calendar year #bjai4 7b7 ,total compensation defined ,in this section1 the term total compensation includes salary1 bonuses1 awards of stock1 and other financial benefits provided by a passenger air carrier or contractor to an officer or employee of the passenger air carrier or contractor4 #djg4 ,minimum air service guarantees 7a7 ,in general ,the ,secretary of ,transportation is authorized to require1 to the extent reasonable and practicable1 an air carrier provided financial assistance under this subtitle to maintain scheduled air transportation1 as the ,secretary of ,transportation determines necessary1 to ensure services to any point served by that air carrier before ,march #a1 #bjbj4 7b7 ,required considerations ,when considering whether to exercise the authority provided by this section1 the ,secretary of ,transportation shall take into consideration the air transportation needs of small and remote communities1 the need to maintain well-functioning health care supply chains1 including medical devices and supplies1 and pharmaceutical supply chains4 7c7 ,sunset ,the authority provided under this section shall terminate on ,march #a1 #bjbb1 and any requirements issued by the ,secretary of ,transportation under this section shall cease to apply after that date4 7d7 ,sense of congress ,it is the sense of ,congress that1 when implementing this section1 the ,secretary of ,transportation should take into consideration the following3 7#a7 ,a number of airports and communities have lost air service as a result of consolidated operations by covered air carriers1 as permitted by the ,department of ,transportation1 including smaller airports that are located near larger airports4 7#b7 ,airports covering common points1 as determined by the ,department of ,transportation1 do not align with the grouping commonly used by many air carriers1 other ,federal agencies1 and distribution channels used by consumers to purchase air travel4 7#c7 ,the demographic1 geographic1 economic1 and other characteristics of an area and affected communities when determining whether consolidated operations at a single airport effectively serve the needs of the point4 7#d7 ,maintaining a robust air transportation system1 including maintaining air service to airports throughout the ,united ,states1 plays an important role in the effective distribution of a coronavirus vaccine4 7#e7 ,the objections from community respondents on whether a specific airport should or should not be included in a consolidated point1 including those objections noting the importance of the required considerations set forth in subsection 7b74 #djh4 ,taxpayer protection 7a7 ,,cares ,act assistance recipients ,with respect to a recipient of financial assistance under section #daac of the ,,cares ,act 7#ae ,u4,s4,c4 #ijgc7 that receives financial assistance under this subtitle1 the ,secretary may receive warrants1 options1 preferred stock1 debt securities1 notes1 or other financial instruments issued by such recipient that are1 to the maximum extent practicable1 in the same form and amount1 and under the same terms and conditions1 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 subtitle4 7b7 ,other applicants ,with respect to a recipient of financial assistance under this subtitle that did not receive financial assistance under section #daac of the ,,cares ,act 7#ae ,u4,s4,c4 #ijgc71 the ,secretary may receive warrants1 options1 preferred stock1 debt securities1 notes1 or other financial instruments issued by such recipient in a form and amount that are1 to the maximum extent practicable1 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 subtitle4 #dji4 ,reports 7a7 ,report ,not later than ,may #a1 #bjba1 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 ,commerce1 ,science1 and ,transportation and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate a report on the financial assistance provided to passenger air carriers and contractors under this subtitle1 that includes-- 7#a7 a description of any financial assistance provided to passenger air carriers under this subtitle2 7#b7 any audits of passenger air carriers or contractors receiving financial assistance under this subtitle2 7#c7 any reports filed by passenger air carriers or contractors receiving financial assistance under this subtitle2 7#d7 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 assistance2 and 7#e7 information relating to any clawback of any financial assistance provided to passenger air carriers or contractors under this subtitle4 7b7 ,internet updates ,the ,secretary shall update the website of the ,department of the ,treasury1 at minimum1 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 assistance1 the identification of any applicant that applied for financial assistance under this subtitle1 and the date of application for such assistance4 7c7 ,supplemental update ,not later than the last day of the #a-year period following the date of enactment of this subtitle1 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 ,commerce1 ,science1 and ,transportation and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 the report submitted under subsection 7a74 7d7 ,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 #eeb of title #e1 ,united ,states ,code4 #daj4 ,coordination ,in implementing this subtitle1 the ,secretary shall coordinate with the ,secretary of ,transportation4 #daa4 ,funding ,there is appropriated1 out of amounts in the ,treasury not otherwise appropriated1 #af1jjj1jjj1jjj to carry out this subtitle1 to remain available until expended4 #dab4 ,,cares ,act amendments 7a7 ,continued application of required assurances ,section #daad of the ,,cares ,act 7#ae ,u4,s4,c4 #ijgd7 is amended by adding at the end the following new subsections3 7c7 ,continued application 7#a7 ,in general ,if1 after the date of enactment of this subsection1 a contractor expends any funds made available pursuant to section #daab and distributed pursuant to section #daac1 the assurances in paragraphs 7#a7 through 7#c7 of subsection 7a7 shall continue to apply until the dates included in such paragraphs1 or the date on which the contractor fully expends such financial assistance1 whichever is later4 7#b7 ,special rule ,not later than ,april #e1 #bjba1 each contractor described in section #daaa7c77;,a77i7 that has received funds pursuant to such section #daab shall report to the ,secretary on the amount of such funds that the contractor has expended through ,march #ca1 #bjba4 ,if the contractor has expended an amount that is less than #ajj percent of the total amount of funds the contractor received under such section1 the ,secretary shall initiate an action to recover any funds that remain unexpended as of ,april #cj1 #bjba4 7d7 ,recall of employees 7#a7 ,in general ,subject to paragraph 7#b71 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 benefits1 between ,march #bg1 #bjbj1 and the date on which the contractor entered into an agreement with the ,secretary related to financial assistance under this subtitle1 shall recall 7as defined in section #daaa7 employees who were involuntarily furloughed during such period by not later than ,january #d1 #bjba4 7#b7 ,waiver ,the ,secretary of the ,treasury shall waive the requirement under paragraph 7#a7 for a contractor to recall employees if the contractor certifies that the contractor has or will have insufficient remaining financial assistance provided under this subtitle to keep recalled employees employed for more than two weeks upon returning to work4 7#c7 ,audits ,the ,inspector ,general of the ,department of the ,treasury shall audit certifications made under paragraph 7#b74 4 7b7 ,definition of recall ,section #daaa of the ,,cares ,act 7#ae ,u4,s4,c4 #ijga7 is amended-- 7#a7 in paragraph 7#d7 by striking and at the end2 7#b7 by redesignating paragraph 7#e7 as paragraph 7#f72 and 7#c7 by inserting after paragraph 7#d7 the following3 7#e7 the term recall means the dispatch of a notice by a contractor1 via mail1 courier1 or electronic mail1 to an involuntarily furloughed employee notifying the employee that-- 7,a7 the employee must1 within a specified period of time that is not less than #ad days1 elect either-- 7i7 to return to employment or bypass return to employment in accordance with an applicable collective bargaining agreement or1 in the absence of a collective bargaining agreement1 company policy2 or 7ii7 to permanently separate from employment with the contractor2 and 7,b7 failure to respond within such time period specified will be deemed to be an election under subparagraph 7,a77ii72 and 4 7c7 ,definition of businesses critical to maintaining national security ,section #djjb of the ,,cares ,act 7#ae ,u4,s4,c4 #ijda7 is amended by adding at the end the following3 7#aa7 ,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 products1 civil or defense1 including those that design1 integrate1 assemble1 supply1 maintain1 and repair such products1 and other businesses involved in aerospace-related manufacturing or production as further defined by the ,secretary1 in consultation with the ,secretary of ,defense and the ,secretary of ,transportation4 ,for purposes of the preceding sentence1 aerospace-related products include1 but are not limited to1 components1 parts1 or systems of aircraft1 aircraft engines1 or appliances for inclusion in an aircraft1 aircraft engine1 or appliance4 4 ,b ,coronavirus ,economic ,relief for ,transportation ,services ,act #dbj4 ,short title ,this subtitle may be cited as the ,coronavirus ,economic ,relief for ,transportation ,services ,act4 #dba4 ,assistance for providers of transportation services affected by ,,covid-#ai 7a7 ,definitions ,in this section3 7#a7 ,covered period ,the term covered period1 with respect to a provider of transportation services1 means the period-- 7,a7 beginning on the date of enactment of this ,act2 and 7,b7 ending on the later of-- 7i7 ,march #ca1 #bjba2 or 7ii7 the date on which all funds provided to the provider of transportation services under subsection 7c7 are expended4 7#b7 ,,covid-#ai ,the term ,,covid-#ai means the ,coronavirus ,disease #bjai4 7#c7 ,payroll costs 7,a7 ,in general ,the term payroll costs means-- 7i7 any payment to an employee of compensation in the form of-- 7,i7 salary1 wage1 commission1 or similar compensation2 7,,ii7 payment of a cash tip or an equivalent2 7,,iii7 payment for vacation1 parental1 family1 medical1 or sick leave2 7,,iv7 payment required for the provision of group health care or other group insurance benefits1 including insurance premiums2 7,v7 payment of a retirement benefit2 7,,vi7 payment of a ,state or local tax assessed on employees with respect to compensation2 or 7,,vii7 paid administrative leave2 and 7ii7 any payment of compensation to1 or income of1 a sole proprietor or independent contractor-- 7,i7 that is-- 7aa7 a wage2 7bb7 a commission2 7cc7 income2 7dd7 net earnings from self-employment2 or 7ee7 similar compensation2 and 7,,ii7 in an amount equal to not more than #ajj1jjj during #a calendar year1 as prorated for the covered period4 7,b7 ,exclusions ,the term payroll costs does not include-- 7i7 any compensation of an individual employee in excess of an annual salary of #ajj1jjj1 as prorated for the covered period2 7ii7 any tax imposed or withheld under chapter #ba1 #bb1 or #bd of the ,internal ,revenue ,code of #aihf during the covered period2 7iii7 any compensation of an employee whose principal place of residence is outside the ,united ,states2 7iv7 any qualified sick leave wages for which a credit is allowed under section #gjja of the ,families ,first ,coronavirus ,response ,act 7#bf ,u4,s4,c4 #caaa note2 ,public ,law #aaf-abg72 7v7 any qualified family leave wages for which a credit is allowed under section #gjjc of that ,act 7#bf ,u4,s4,c4 #caaa note2 ,public ,law #aaf-abg72 or 7vi7 any bonus1 raise in excess of inflation1 or other form of additional employee compensation4 7#d7 ,provider of transportation services ,the term provider of transportation services means an entity that-- 7,a7 is established or organized-- 7i7 in the ,united ,states2 or 7ii7 pursuant to ,federal law2 7,b7 has significant operations1 and a majority of employees based1 in the ,united ,states2 7,c7 was in operation on ,march #a1 #bjbj2 and 7,d7 is the operator of-- 7i7 a vessel of the ,united ,states 7as defined in section #aaf of title #df1 ,united ,states ,code7 that is-- 7,i7 a passenger vessel 7as defined in section #baja of that title7 carrying fewer than #b1djj passengers2 7,,ii7 a small passenger vessel 7as defined in section #baja of that title72 or 7,,iii7 a vessel providing pilotage services and regulated by a ,state in accordance with chapter #he of that title2 7ii7 a company providing transportation services using a bus characterized by an elevated passenger deck located over a baggage compartment 7commonly known as an over-the-road bus71 including local and intercity fixed-route service1 commuter service1 and charter or tour service 7including tour or excursion service that includes features in addition to bus transportation1 such as meals1 lodging1 admission to points of interest or special attractions1 or the services of a guide72 7iii7 a company providing transportation services using a school bus 7as defined in section #ega4c of title #di1 ,code of ,federal ,regulations 7or successor regulations772 or 7iv7 any other passenger transportation service company subject to regulation by the ,department of ,transportation as the ,secretary1 in consultation with the ,secretary of ,transportation1 determines to be appropriate4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury4 7b7 ,funding ,out of any funds in the ,treasury not otherwise appropriated1 there are appropriated to provide grants to eligible providers of transportation services under this section1 #b1jjj1jjj1jjj for fiscal year #bjba1 to remain available until expended4 7c7 ,provision of assistance 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,transportation1 shall use the amounts made available under subsection 7b7 to provide grants to eligible providers of transportation services described in paragraph 7#b7 that certify to the ,secretary that the providers of transportation services have experienced a revenue loss of #be percent or more1 on an annual basis1 as a direct or indirect result of ,,covid-#ai4 7#b7 ,description of eligible providers of transportation services 7,a7 ,in general ,an eligible provider of transportation services referred to in paragraph 7#a7 is-- 7i7 a provider of transportation services that1 on ,march #a1 #bjbj-- 7,i7 had #ejj or fewer full-time1 part-time1 or temporary employees2 and 7,,ii7 was not a subsidiary1 parent1 or affiliate of any other entity with a combined total workforce of more than #ejj full-time1 part-time1 or temporary employees2 or 7ii7 a provider of transportation services that-- 7,i7 on ,march #a1 #bjbj1 had more than #ejj full-time1 part-time1 or temporary employees2 and 7,,ii7 has not received assistance under paragraph 7#a71 7#b71 or 7#c7 of section #djjc7;b71 or subtitle ,b of title ,,iv of division ,a1 of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha74 7,b7 ,scope of eligibility for certain companies 7i7 ,in general ,a provider of transportation services that has entered into or maintains a contract or agreement described in clause 7ii7 shall not be determined to be ineligible for assistance under this subsection on the basis of that contract or agreement1 subject to clause 7iv74 7ii7 ,contract or agreement described ,a contract or agreement referred to in clause 7i7 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 7division ,b of ,public ,law #aaf-acf2 #acd ,stat4 #eje74 7iii7 ,adjustment of assistance ,the ,secretary may reduce the amount of assistance available under this subsection to a provider of transportation services described in clause 7i7 based on the amount of funds provided under this section or the ,emergency ,appropriations for ,coronavirus ,health ,response and ,agency ,operations 7division ,b of ,public ,law #aaf-acf2 #acd ,stat4 #eje7 that have supported a contract or agreement described in clause 7ii7 to which the provider of transportation services is a party4 7iv7 ,notice requirement ,a provider of transportation services that has entered into or maintains a contract or agreement described in clause 7ii71 and that applies for assistance under this subsection1 shall submit to the ,secretary a notice describing the contract or agreement1 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 7division ,b of ,public ,law #aaf-acf2 #acd ,stat4 #eje74 7#c7 ,amount 7,a7 ,factors for consideration ,in determining the amount of assistance to be provided to an eligible provider of transportation services under this subsection1 the ,secretary shall take into consideration information provided by the provider of transportation services1 including-- 7i7 the amount of debt owed by the provider of transportation services on major equipment1 if any2 7ii7 other sources of ,federal assistance provided to the provider of transportation services1 if any2 and 7iii7 such other information as the ,secretary may require4 7,b7 ,limitations 7i7 ,award ,the ,secretary shall ensure that the amount of assistance provided to a provider of transportation services under this subsection1 when combined with any other ,federal assistance provided in response to ,,covid-#ai under the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha71 the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci2 #acd ,stat4 #fbj71 or any other provision of law1 does not exceed the total amount of revenue earned by the provider of transportation services during calendar year #bjai4 7ii7 ,certification ,a provider of transportation services seeking assistance under this subsection shall submit to the ,secretary-- 7,i7 documentation describing the total amount of revenue earned by the provider of transportation services during calendar year #bjai2 and 7,,ii7 a certification that the amount of assistance sought under this subsection1 when combined with any other ,federal assistance described in clause 7i71 does not exceed the total amount of revenue earned by the provider of transportation services during calendar year #bjai4 7#d7 ,form of assistance ,the amounts made available under subsection 7b7 shall be provided to eligible providers of transportation services in the form of grants4 7#e7 ,equal access ,the ,secretary shall ensure equal access to the assistance provided under this section to eligible providers of transportation services that are small1 minority-owned1 and women-owned businesses4 7#f7 ,conditions of receipt ,as a condition of receipt of assistance under this subsection1 the ,secretary shall require that a provider of transportation services shall agree-- 7,a7 subject to paragraph 7#g7-- 7i7 to commence using the funds1 on a priority basis and to the extent the funds are available1 to maintain through the applicable covered period1 expenditures on payroll costs for all employees as of the date of enactment of this ,act1 after making any adjustments required for-- 7,i7 retirement2 or 7,,ii7 voluntary employee separation2 7ii7 not to impose1 during the covered period-- 7,i7 any involuntary furlough2 or 7,,ii7 any reduction in pay rates or benefits for nonexecutive employees2 and 7iii7 to recall or rehire any employees laid off1 furloughed1 or terminated after ,march #bg1 #bjbj1 to the extent warranted by increased service levels2 7,b7 to return to the ,secretary any funds received under this subsection that are not used by the provider of transportation services by the date that is #a year after the date of receipt of the funds2 and 7,c7 to examine the anticipated expenditure of the funds by the provider of transportation services for the purposes described in subparagraph 7,a7 not less frequently than once every #ij days after the date of receipt of the funds4 7#g7 ,ramp-up period ,the requirement described in paragraph 7#f77;,a77iii7 shall not apply to a provider of transportation services until the later of-- 7,a7 the date that is #cj days after the date of receipt of the funds2 and 7,b7 the date that is #ij days after the date of enactment of this ,act4 7#h7 ,additional conditions of certain receipts 7,a7 ,prioritization of payroll costs ,as a condition of receipt of a grant under this subsection1 the ,secretary shall require that1 except as provided in subparagraph 7,b71 a provider of transportation services shall agree to use an amount equal to not less than #fj percent of the funds on payroll costs of the provider of transportation services4 7,b7 ,exception ,subparagraph 7,a7 shall not apply to a provider of transportation services if the provider of transportation services certifies to the ,secretary that1 after making any adjustments required for retirement or voluntary employee separation-- 7i7 each nonseasonal employee on the payroll of the provider of transportation services on ,january #a1 #bjbj-- 7,i7 if laid off1 furloughed1 or terminated by the provider of transportation services as described in paragraph 7#f77;,a77iii71 is rehired1 or has been offered rehire1 by the provider of transportation services2 and 7,,ii7 if rehired under clause 7i7 or subject to a reduction in salary before the date of receipt by the provider of transportation services of assistance under this subsection1 receives not less than #ajj percent of the previous salary of the employee2 7ii7 the provider of transportation services-- 7,i7 is staffed at a level of full-time equivalent1 seasonal employees1 on a monthly basis1 that is greater than or equivalent to the level at which the provider of transportation services was staffed with full-time equivalent1 seasonal employees on a monthly basis during calendar year #bjai2 7,,ii7 is offering priority in rehiring to seasonal employees that were laid off1 furloughed1 terminated1 or not offered rehire in calendar year #bjbj1 as the provider of transportation services achieves staffing at the level described in subclause 7,i72 and 7,,iii7 offers any seasonal employee rehired under subclause 7,,ii7 or subject to a reduction in salary before the date of receipt by the provider of transportation services of assistance under this subsection not less than #ajj percent of the previous salary of the employee2 and 7iii7 the provider of transportation services will fully cover1 through the applicable covered period1 all payroll costs associated with the staffing requirements described in clauses 7i7 and 7ii74 7#i7 ,forms2 terms and conditions ,a grant provided under this section shall be in such form1 subject to such terms and conditions1 and contain such covenants1 representations1 warranties1 and requirements 7including requirements for audits7 as the ,secretary determines to be appropriate in accordance with this section4 7d7 ,eligible activities 7#a7 ,in general ,subject to the priority described in subsection 7c77#f77;,a71 a provider of transportation services shall use assistance provided under subsection 7c7 only for-- 7,a7 the payment of payroll costs2 7,b7 the acquisition of services1 equipment1 including personal protective equipment1 and other measures needed to protect workers and customers from ,,covid-#ai2 7,c7 continued operations and maintenance during the applicable covered period of existing capital equipment and facilities-- 7i7 including rent1 leases1 insurance1 and interest on regularly scheduled debt service2 but 7ii7 not including any prepayment of1 or payment of principal on1 a debt obligation1 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-#ai pandemic2 or 7,d7 the compensation of returning employees for lost pay and benefits during the ,,covid-#ai pandemic1 subject to subsection 7e74 7#b7 ,eligibility ,the use of assistance provided under subsection 7c7 for the compensation of returning employees under paragraph 7#a77;,d7 shall be counted toward the required amount of grants to be used on payroll costs under subsection 7c77#f77;,a74 7e7 ,compensation of returning employees ,notwithstanding any other provision of law1 any compensation provided to a returning employee under subsection 7d77#a77;,d7-- 7#a7 shall be offset by-- 7,a7 any amounts received by the employee from the provider of transportation services as a result of the layoff1 furlough1 or termination of the employee or any failure to hire the employee for seasonal employment during calendar year #bjbj1 including-- 7i7 furlough pay2 7ii7 severance pay2 or 7iii7 separation pay2 and 7,b7 any amounts the employee received from unemployment insurance2 and 7#b7 shall not-- 7,a7 be considered an overpayment for purposes of any ,state or ,federal unemployment law2 or 7,b7 be subject to any overpayment recovery efforts by a ,state agency 7as defined in section #bje of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7,u4,s4,c4 #ccjd note774 7f7 ,administrative provisions 7#a7 ,in general ,the ,secretary may take such actions as the ,secretary determines to be necessary to carry out this section1 including-- 7,a7 using direct hiring authority to hire employees to administer this section2 7,b7 entering into contracts1 including contracts for services authorized by this section2 and 7,c7 issuing such regulations and other guidance as may be necessary or appropriate to carry out the purposes of this section4 7#b7 ,administrative expenses ,of the funds made available under this section1 not more than #ej1jjj1jjj may be used by the ,secretary for administrative expenses to carry out this section4 7#c7 ,availability for obligation ,the funds made available under this section shall remain available for obligation until the date that is #c years after the date of enactment of this ,act4 ,c ,motor ,carrier ,safety ,grant ,relief ,act of #bjbj #ddj4 ,short title ,this subtitle may be cited as the ,motor ,carrier ,safety ,grant ,relief ,act of #bjbj4 #dda4 ,relief for recipients of financial assistance awards from the ,federal ,motor ,carrier ,safety ,administration 7a7 ,definition of secretary ,in this section1 the term ,secretary means the ,secretary of ,transportation4 7b7 ,relief for recipients of financial assistance awarded for fiscal years #bjai and #bjbj 7#a7 ,in general ,notwithstanding any provision of chapter #caa of title #di1 ,united ,states ,code 7including any applicable period of availability under section #caajd7;f7 of that title71 and any regulations promulgated under that chapter and subject to paragraph 7#b71 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 7,a7 through 7,e7 shall be-- 7,a7 for a grant made under section #caajb of that title 7other than subsection 7l7 of that section7-- 7i7 the fiscal year in which the ,secretary approves the financial assistance agreement with respect to the grant2 and 7ii7 the following #b fiscal years2 7,b7 for a grant made or a cooperative agreement entered into under section #caajb7l77#b7 of that title-- 7i7 the fiscal year in which the ,secretary approves the financial assistance agreement with respect to the grant or cooperative agreement2 and 7ii7 the following #c fiscal years2 7,c7 for a grant made under section #caajb7l77#c7 of that title-- 7i7 the fiscal year in which the ,secretary approves the financial assistance agreement with respect to the grant2 and 7ii7 the following #e fiscal years2 7,d7 for a grant made under section #caajc of that title-- 7i7 the fiscal year in which the ,secretary approves the financial assistance agreement with respect to the grant2 and 7ii7 the following #b fiscal years2 and 7,e7 for a grant made or a cooperative agreement entered into under section #cacac of that title-- 7i7 the year in which the ,secretary approves the financial assistance agreement with respect to the grant or cooperative agreement2 and 7ii7 the following #e fiscal years4 7#b7 ,applicability 7,a7 ,amounts awarded for fiscal years #bjai and #bjbj ,the periods of availability described in paragraph 7#a7 shall apply only-- 7i7 to amounts awarded for fiscal year #bjai or #bjbj under a grant or cooperative agreement described in subparagraphs 7,a7 through 7,e7 of that paragraph2 and 7ii7 for the purpose of expanding the period of availability during which the recipient may expend the amounts described in clause 7i74 7,b7 ,amounts awarded for other years ,the periods of availability described in paragraph 7#a7 shall not apply to any amounts awarded under a grant or cooperative agreement described in subparagraphs 7,a7 through 7,e7 of that paragraph for any fiscal year other than fiscal year #bjai or #bjbj1 and those amounts shall be subject to the period of availability otherwise applicable to those amounts under ,federal law4 ,d ,extension of waiver authority #ddb4 ,extension of waiver authority ,notwithstanding any other provision of law1 in fiscal year #bjba1 the ,secretary of ,transportation may exercise the authority provided by section #bbjje of division ,b of the ,,cares ,act 7#bc ,u4,s4,c4 #dja note2 ,public ,law #aaf-acf74 ,v ,banking ,a ,emergency rental assistance #eja4 ,emergency rental assistance 7a7 ,appropriation 7#a7 ,in general ,out of any money in the ,treasury of the ,united ,states not otherwise appropriated1 there are appropriated for making payments to eligible grantees under this section1 #be1jjj1jjj1jjj for fiscal year #bjba4 7#b7 ,reservation of funds for the territories and tribal communities ,of the amount appropriated under paragraph 7#a71 the ,secretary shall reserve-- 7,a7 #djj1jjj1jjj of such amount for making payments under this section to the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 and ,american ,samoa2 and 7,b7 #hjj1jjj1jjj of such amount for making payments under this section to eligible grantees described in subparagraphs 7,c7 and 7,d7 of subsection 7k77#b72 and 7,c7 #ae1jjj1jjj for administrative expenses of the ,secretary described in subsection 7h74 7b7 ,payments for rental assistance 7#a7 ,allocation and payments to states and units of local government 7,a7 ,in general ,the amount appropriated under paragraph 7#a7 of subsection 7a7 that remains after the application of paragraph 7#b7 of such subsection shall be allocated and paid to eligible grantees described in subparagraph 7,b7 in the same manner as the amount appropriated under subsection 7a77#a7 of section #fja of the ,social ,security ,act 7#db ,u4,s4,c4 #hja7 is allocated and paid to ,states and units of local government under subsections 7b7 and 7c7 of such section1 and shall be subject to the same requirements1 except that-- 7i7 the deadline for payments under section #fja7;b77#a7 of such ,act shall1 for purposes of payments under this section1 be deemed to be not later than #cj days after the date of enactment of this section2 7ii7 the amount referred to in paragraph 7#c7 of section #fja7;c7 of such ,act shall be deemed to be the amount appropriated under paragraph 7#a7 of subsection 7a7 of this ,act that remains after the application of paragraph 7#b7 of such subsection2 7iii7 section #fja7;c7 of the ,social ,security ,act shall be applied-- 7,i7 by substituting #a of the #ej ,states or the ,district of ,columbia for #a of the #ej ,states each place it appears2 7,,ii7 in paragraph 7#b77;,a71 by substituting #bjj1jjj1jjj for #a1bej1jjj1jjj2 7,,iii7 in paragraph 7#b77;,b71 by substituting each of the #ej ,states and ,district of ,columbia for each of the #ej ,states2 7,,iv7 in paragraph 7#d71 by substituting excluding the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 and ,american ,samoa for excluding the ,district of ,columbia and territories specified in subsection 7a77#b77;,a72 and 7,v7 without regard to paragraph 7#f72 7iv7 section #fja7;d7 of such ,act shall not apply to such payments2 and 7v7 section #fja7;e7 shall be applied -- 7,i7 by substituting under section #eja of subtitle ,a of title ,v of division ,n of the ,consolidated ,appropriations ,act1 #bjba for under this section2 and 7,,ii7 by substituting local government elects to receive funds from the ,secretary under section #eja of subtitle ,a of title ,v of division ,n of the ,consolidated ,appropriations ,act1 #bjba 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 7d74 7,b7 ,eligible grantees described ,the eligible grantees described in this subparagraph are the following3 7i7 ,a ,state that is #a of the #ej ,states or the ,district of ,columbia4 7ii7 ,a unit of local government located in a ,state described in clause 7i74 7#b7 ,allocation and payments to tribal communities 7,a7 ,in general ,from the amount reserved under subsection 7a77#b77;,b71 the ,secretary shall-- 7i7 pay the amount equal to #j4c percent of such amount to the ,department of ,hawaiian ,home ,lands2 and 7ii7 subject to subparagraph 7,b71 from the remainder of such amount1 allocate and pay to each ,indian tribe 7or1 if applicable1 the tribally designated housing entity of an ,indian tribe7 that was eligible for a grant under title ,i of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7,,nahasda7 7#be ,u4,s4,c4 #daaa et seq47 for fiscal year #bjbj an amount that bears the same proportion to the such remainder as the amount each such ,indian tribe 7or entity7 was eligible to receive for such fiscal year from the amount appropriated under paragraph 7#a7 under the heading ,native american programs under the heading ,public and ,indian ,housing of title ,,ii of division ,h of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id7 to carry out the ,native ,american ,housing ,block ,grants program bears to the amount appropriated under such paragraph for such fiscal year1 provided the ,secretary shall be authorized to allocate1 in an equitable manner as determined by the ,secretary1 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 #bjbj1 including by establishing a minimum amount of payments to such ,indian tribe1 provided such ,indian tribe notifies the ,secretary not later than #cj days after the date of enactment of this ,act that it intends to receive allocations and payments under this section4 7,b7 ,pro rata adjustment2 distribution of declined funds 7i7 ,pro rata adjustments ,the ,secretary shall make pro rata reductions in the amounts of the allocations determined under clause 7ii7 of subparagraph 7,a7 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 clause4 7ii7 ,distribution of declined funds ,if the ,secretary determines as of #cj days after the date of enactment of this ,act that an entity described in clause 7ii7 of subparagraph 7,a7 has declined to receive its full allocation under such clause then1 not later than #ae days after such date1 the ,secretary shall redistribute1 on a pro rata basis1 such allocation among the other entities described in such clause that have not declined to receive their allocations4 7#c7 ,allocations and payments to territories 7,a7 ,in general ,from the amount reserved under subsection 7a77#b77;,a71 subject to subparagraph 7,b71 the ,secretary shall allocate and pay to each eligible grantee described in subparagraph 7,c7 an amount equal to the product of-- 7i7 the amount so reserved2 and 7ii7 each such eligible grantee's share of the combined total population of all such eligible grantees1 as determined by the ,secretary4 7,b7 ,allocation adjustment 7i7 ,requirement ,the sum of the amounts allocated under subparagraph 7,a7 to all of the eligible grantees described in clause 7ii7 of subparagraph 7,c7 shall not be less than the amount equal to #j4c percent of the amount appropriated under subsection 7a77#a74 7ii7 ,reduction ,the ,secretary shall reduce the amount of the allocation determined under subparagraph 7,a7 for the eligible grantee described in clause 7i7 of subparagraph 7,c7 as necessary to meet the requirement of clause 7i74 7,c7 ,eligible grantees described ,the eligible grantees described in this subparagraph are-- 7i7 the ,commonwealth of ,puerto ,rico2 and 7ii7 the ,united ,states ,virgin ,islands1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 and ,american ,samoa4 7c7 ,use of funds 7#a7 ,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 households4 7#b7 ,financial assistance 7,a7 ,in general ,not less than #ij 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 households1 including the payment of 7i7 rent2 7ii7 rental arrears2 7iii7 utilities and home energy costs2 7iv7 utilities and home energy costs arrears2 and 7v7 other expenses related to housing incurred due1 directly or indirectly1 to the novel coronavirus disease 7,,covid-#ai7 outbreak1 as defined by the ,secretary4 ,such assistance shall be provided for a period not to exceed #ab months except that grantees may provide assistance for an additional #c months only if necessary to ensure housing stability for a household subject to the availability of funds4 7,b7 ,limitation on assistance for prospective rent payments 7i7 ,in general ,subject to the exception in clause 7ii71 an eligible grantee shall not provide an eligible household with financial assistance for prospective rent payments for more than #c months based on any application by or on behalf of the household4 7ii7 ,exception ,for any eligible household described in clause 7i71 such household may receive financial assistance for prospective rent payments for additional months3 7,i7 subject to the availability of remaining funds currently allocated to the eligible grantee1 and 7,,ii7 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 7,a74 7iii7 ,further limitation ,to the extent that applicants have rental arrears1 grantees may not make commitments for prospective rent payments unless they have also provided assistance to reduce an eligible household's rental arrears4 7,c7 ,distribution of financial assistance 7i7 ,payments 7,i7 ,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 section1 an eligible grantee shall make payments to a lessor or utility provider on behalf of the eligible household1 except that1 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 grantee1 the grantee may make such payments directly to the eligible household for the purpose of making payments to the lessor or utility provider4 7,,ii7 ,rule of construction ,nothing in this section shall be construed to invalidate any otherwise legitimate grounds for eviction4 7ii7 ,documentation ,for any payments made by an eligible grantee to a lessor or utility provider on behalf of an eligible household1 the eligible grantee shall provide documentation of such payments to such household4 7#c7 ,housing stability services ,not more than #aj 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 7,,covid-#ai7 outbreak1 as defined by the ,secretary1 intended to help keep households stably housed4 7#d7 ,prioritization of assistance 7,a7 ,in reviewing applications for financial assistance and housing stability services to eligible households from a payment made under this section1 an eligible grantee shall prioritize consideration of the applications of an eligible household that satisfies any of the following conditions3 7i7 ,the income of the household does not exceed #ej percent of the area median income for the household4 7ii7 #a or more individuals within the household are unemployed as of the date of the application for assistance and have not been employed for the #ij-;day period preceding such date4 7,b7 ,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 section1 including to eligible households in which #a 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-#ai public health emergency4 7#e7 ,administrative costs 7,a7 ,in general ,not more than #aj 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 7#b7 and 7#c71 respectively1 including for data collection and reporting requirements related to such funds4 7,b7 ,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 7,a74 7d7 ,reallocation of unused funds ,beginning on ,september #cj1 #bjba1 the ,secretary shall recapture excess funds1 as determined by the ,secretary1 not obligated by a grantee for the purposes described under subsection 7c7 and the ,secretary shall reallocate and repay such amounts to eligible grantees who1 at the time of such reallocation1 have obligated at least #fe percent of the amount originally allocated and paid to such grantee under subsection 7b77#a71 only for the allowable uses described under subsection 7c74 ,the amount of any such reallocation shall be determined based on demonstrated need within a grantee's jurisdiction1 as determined by the ,secretary4 7e7 ,availability 7#a7 ,in general ,funds provided to an eligible grantee under a payment made under this section shall remain available through ,december #ca1 #bjba4 7#b7 ,extension for funds provided pursuant to a reallocation of unused funds ,for funds reallocated to an eligible grantee pursuant to subsection 7d71 an eligible grantee may request1 subject to the approval of the ,secretary1 a #ij-;day extension of the deadline established in paragraph 7#a74 7f7 ,application for assistance by landlords and owners 7#a7 ,in general ,subject to paragraph 7#b71 nothing in this section shall preclude a landlord or owner of a residential dwelling from-- 7,a7 assisting a renter of such dwelling in applying for assistance from a payment made under this section2 or 7,b7 applying for such assistance on behalf of a renter of such dwelling4 7#b7 ,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-- 7,a7 the landlord must obtain the signature of the tenant on such application1 which may be documented electronically2 7,b7 documentation of such application shall be provided to the tenant by the landlord2 and 7,c7 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 owner4 7g7 ,reporting requirements 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,housing and ,urban ,development1 shall provide public reports not less frequently than quarterly regarding the use of funds made available under this section1 which shall include1 with respect to each eligible grantee under this section1 both for the past quarter and over the period for which such funds are available-- 7,a7 the number of eligible households that receive assistance from such payments2 7,b7 the acceptance rate of applicants for assistance2 7,c7 the type or types of assistance provided to each eligible household2 7,d7 the average amount of funding provided per eligible household receiving assistance2 7,e7 household income level1 with such information disaggregated for households with income that-- 7i7 does not exceed #cj percent of the area median income for the household2 7ii7 exceeds #cj percent but does not exceed #ej percent of the area median income for the household2 and 7iii7 exceeds #ej percent but does not exceed #hj percent of area median income for the household2 and 7,f7 the average number of monthly rental or utility payments that were covered by the funding amount that a household received1 as applicable4 7#b7 ,disaggregation ,each report under this subsection shall disaggregate the information relating to households provided under subparagraphs 7,a7 through 7,f7 of paragraph 7#a7 by the gender1 race1 and ethnicity of the primary applicant for assistance in such households4 7#c7 ,alternative reporting requirements for certain grantees ,the ,secretary may establish alternative reporting requirements for grantees described in subsection 7b77#b74 7#d7 ,privacy requirements 7,a7 ,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 7#a7 that-- 7i7 include appropriate measures to ensure that the privacy of the individuals and households is protected2 7ii7 provide that the information1 including any personally identifiable information1 is collected and used only for the purpose of submitting reports under paragraph 7#a72 and 7iii7 provide confidentiality protections for data collected about any individuals who are survivors of intimate partner violence1 sexual assault1 or stalking4 7,b7 ,statistical research 7i7 ,in general ,the ,secretary-- 7,i7 may provide full and unredacted information provided under subparagraphs 7,a7 through 7,f7 of paragraph 7#a71 including personally identifiable information1 for statistical research purposes in accordance with existing law2 and 7,,ii7 may collect and make available for statistical research1 at the census tract level1 information collected under subparagraph 7,a74 7ii7 ,application of privacy requirements ,a recipient of information under clause 7i7 shall establish for such information the data privacy and security requirements described in subparagraph 7,a74 7#e7 ,nonapplication of the paperwork reduction act ,subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code1 shall not apply to the collection of information for the reporting or research requirements specified in this subsection4 7h7 ,administrative expenses of the secretary ,of the funds appropriated pursuant to subsection 7a71 not more than #ae1jjj1jjj may be used for administrative expenses of the ,secretary in administering this section1 including technical assistance to grantees in order to facilitate effective use of funds provided under this section4 7i7 ,inspector ,general ,oversight2 ,recoupment 7#a7 ,oversight authority ,the ,inspector ,general of the ,department of the ,treasury shall conduct monitoring and oversight of the receipt1 disbursement1 and use of funds made available under this section4 7#b7 ,recoupment ,if the ,inspector ,general of the ,department of the ,treasury determines that a ,state1 ,tribal government1 or unit of local government has failed to comply with subsection 7c71 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 ,government4 ,amounts recovered under this subsection shall be deposited into the general fund of the ,treasury4 7#c7 ,appropriation ,out of any money in the ,treasury of the ,united ,states not otherwise appropriated1 there are appropriated to the ,office of the ,inspector ,general of the ,department of the ,treasury1 #f1ejj1jjj to carry out oversight and recoupment activities under this subsection4 ,amounts appropriated under the preceding sentence shall remain available until expended4 7#d7 ,authority of inspector general ,nothing in this subsection shall be construed to diminish the authority of any ,inspector ,general1 including such authority as provided in the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 7j7 ,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 assistance1 or the amount or extent of benefits or assistance1 under any ,federal program or under any ,state or local program financed in whole or in part with ,federal funds4 7k7 ,definitions ,in this section3 7#a7 ,area median income ,the term area median income means1 with respect to a household1 the median income for the area in which the household is located1 as determined by the ,secretary of ,housing and ,urban ,development4 7#b7 ,eligible grantee ,the term eligible grantee means any of the following3 7,a7 ,a ,state 7as defined in section #fja7;g77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #hja7;g77#d774 7,b7 ,a unit of local government 7as defined in paragraph 7#e774 7,c7 ,an ,indian tribe or its tribally designated housing entity 7as such terms are defined in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc77 that was eligible to receive a grant under title ,i of such ,act 7#be ,u4,s4,c4 #daaa et seq47 for fiscal year #bjbj from the amount appropriated under paragraph 7#a7 under the heading ,native american programs under the heading ,public and ,indian ,housing of title ,,ii of division ,h of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id7 to carry out the ,native ,american ,housing ,block ,grants program4 ,for the avoidance of doubt1 the term ,indian tribe shall include ,alaska native corporations established pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq474 7,d7 ,the ,department of ,hawaiian ,homelands4 7#c7 ,eligible household 7,a7 ,in general ,the term eligible household means a household of #a or more individuals who are obligated to pay rent on a residential dwelling and with respect to which the eligible grantee involved determines-- 7i7 that #a or more individuals within the household has 7,i7 qualified for unemployment benefits or 7,,ii7 experienced a reduction in household income1 incurred significant costs1 or experienced other financial hardship due1 directly or indirectly1 to the novel coronavirus disease 7,,covid-#ai7 outbreak1 which the applicant shall attest in writing2 7ii7 that #a or more individuals within the household can demonstrate a risk of experiencing homelessness or housing instability1 which may include-- 7,i7 a past due utility or rent notice or eviction notice2 7,,ii7 unsafe or unhealthy living conditions2 or 7,,iii7 any other evidence of such risk1 as determined by the eligible grantee involved2 and 7iii7 the household has a household income that is not more than #hj percent of the area median income for the household4 7,b7 ,exception ,to the extent feasible1 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 household4 7,c7 ,income determination 7i7 ,in determining the income of a household for purposes of determining such household's eligibility for assistance from a payment made under this section 7including for purposes of subsection 7c77#d771 the eligible grantee involved shall consider either 7,i7 the household's total income for calendar year #bjbj1 or 7,,ii7 subject to clause 7ii71 sufficient confirmation1 as determined by the ,secretary1 of the household's monthly income at the time of application for such assistance4 7ii7 ,in the case of income determined under subclause 7,,ii71 the eligible grantee shall be required to re-determine the eligibility of a household's income after each such period of #c months for which the household receives assistance from a payment made under this section4 7#d7 ,inspector ,general ,the term ,inspector ,general means the ,inspector ,general of the ,department of the ,treasury4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury4 7#f7 ,unit of local government ,the term unit of local government has the meaning given such term in paragraph 7#b7 of section #fja7;g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #hja7;g771 except that1 in applying such term for purposes of this section1 such paragraph shall be applied by substituting #bjj1jjj for #ejj1jjj4 7l7 ,termination of program ,the authority of an eligible grantee to make new obligations to provide payments under subsection 7c7 shall terminate on the date established in subsection 7e7 for that eligible grantee4 ,amounts not expended in accordance with this section shall revert to the ,department of the ,treasury4 #ejb4 ,extension of eviction moratorium ,the order issued by the ,centers for ,disease ,control and ,prevention under section #cfa of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfd71 entitled ,temporary ,halt in ,residential ,evictions ,to ,prevent the ,further ,spread of ,,covid-#ai 7#he ,fed4 ,reg4 #eebib 7,september #d1 #bjbj7 is extended through ,january #ca1 #bjba1 notwithstanding the effective dates specified in such ,order4 ,b ,community development investment #ebj4 ,purpose ,the purpose of this subtitle is to establish emergency programs to revitalize and provide long-term financial products and service availability for1 and provide investments in1 low- and moderate-income and minority communities that have disproportionately suffered from the impacts of the ,,covid-#ai pandemic4 #eba4 ,considerations2 requirements for creditors 7a7 ,in general ,in exercising the authorities under this subtitle and the amendments made by this subtitle1 the ,secretary of the ,treasury shall take into consideration increasing the availability of affordable credit for consumers1 small businesses1 and nonprofit organizations1 including for projects supporting affordable housing1 community-serving real estate1 and other projects1 that provide direct benefits to low- and moderate-income communities1 low-income and underserved individuals1 and minorities1 that have disproportionately suffered from the health and economic impacts of the ,,covid-#ai pandemic4 7b7 ,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 lending4 #ebb4 ,capital investments for neighborhoods disproportionately impacted by the ,,covid-#ai pandemic 7a7 ,in general ,the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgja et seq47 is amended by inserting after section #ajd 7#ab ,u4,s4,c4 #dgjc7 the following3 #ajd;,a4 ,capital investments for neighborhoods disproportionately impacted by the ,,covid-#ai pandemic 7a7 ,definitions ,in this section-- 7#a7 the term bank holding company has the meaning given the term in section #b of the ,bank ,holding ,company ,act of #aief 7#ab ,u4,s4,c4 #ahda72 7#b7 the term eligible institution means any low- and moderate-income community financial institution that is eligible to participate in the ,program2 7#c7 the term ,emergency ,capital ,investment ,fund means the ,emergency ,capital ,investment ,fund established under subsection 7b72 7#d7 the term low- and moderate-income community financial institution means any financial institution that is-- 7,a7 7i7 a community development financial institution2 or 7ii7 a minority depository institution2 and 7,b7 7i7 an insured depository institution that is not controlled by a bank holding company or savings and loan holding company that is also an eligible institution2 7ii7 a bank holding company2 7iii7 a savings and loan holding company2 or 7iv7 a federally insured credit union2 7#e7 the term minority means any ,black ,american1 ,native ,american1 ,hispanic ,american1 ,asian ,american1 ,native ,alaskan1 ,native ,hawaiian1 or ,pacific ,islander2 7#f7 the term minority depository institution means an entity that is-- 7,a7 a minority depository institution1 as defined in section #cjh of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note72 or 7,b7 considered to be a minority depository institution by-- 7i7 the appropriate ,federal banking agency2 or 7ii7 the ,national ,credit ,union ,administration1 in the case of an insured credit union2 or 7,c7 listed in the ,federal ,deposit ,insurance ,corporation's ,minority ,depository ,institutions ,list published for the ,third ,quarter #bjbj4 7#g7 the term ,program means the ,emergency ,capital ,investment ,program established under subsection 7b72 7#h7 the term savings and loan holding company has the meaning given the term under section #aj7;a7 of the ,home ,owners' ,loan ,act 7#ab ,u4,s4,c4 #adfg;a7a772 and 7#i7 the ,secretary means the ,secretary of the ,treasury4 7b7 ,establishment 7#a7 ,fund established ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,emergency ,capital ,investment ,fund1 which shall be administered by the ,secretary4 7#b7 ,program authorized ,the ,secretary is authorized to establish an emergency program known as the ,emergency ,capital ,investment ,program to support the efforts of low- and moderate-income community financial institutions to1 among other things1 provide loans1 grants1 and forbearance for small businesses1 minority-owned businesses1 and consumers1 especially in low-income and underserved communities1 including persistent poverty counties1 that may be disproportionately impacted by the economic effects of the ,,covid-#ai pandemic1 by providing direct and indirect capital investments in low- and moderate-income community financial institutions consistent with this section4 7c7 ,purchases 7#a7 ,in general ,subject to paragraph 7#b71 the ,emergency ,capital ,investment ,fund shall be available to the ,secretary1 without further appropriation or fiscal year limitation1 for the costs of purchases 7including commitments to purchase71 and modifications of such purchases1 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 section4 7#b7 ,purchase limit ,the aggregate amount of purchases pursuant to paragraph 7#a7 may not exceed #i1jjj1jjj1jjj4 7d7 ,application 7#a7 ,acceptance ,the ,secretary shall begin accepting applications for capital investments under the ,program not later than the end of the #cj-;day period beginning on the date of enactment of this section4 7#b7 ,consultation with regulators ,for each eligible institution that applies to receive a capital investment under the ,program1 the ,secretary shall consult with the appropriate ,federal banking agency or the ,national ,credit ,union ,administration1 as applicable1 to determine whether the eligible institution may receive such capital investment4 7#c7 ,eligibility 7,a7 ,in general ,only low- and moderate-income community financial institutions shall be eligible to participate in the ,program4 7,b7 ,additional criteria ,the ,secretary may establish additional criteria for participation by an institution in the ,program1 as the ,secretary may determine appropriate in furtherance of the goals of the ,program4 7#d7 ,requirement to provide an emergency investment lending plan for communities that may be disproportionately impacted by the economic effects of the ,,covid-#ai pandemic 7,a7 ,in general ,at the time that an applicant submits an application to the ,secretary for a capital investment under the ,program1 the applicant shall provide the ,secretary1 along with the appropriate ,federal banking agency or the ,national ,credit ,union ,administration1 as applicable1 an investment and lending plan that-- 7i7 demonstrates that not less than #cj percent of the lending of the applicant over the past #b fiscal years was made directly to low- and moderate income borrowers1 to borrowers that create direct benefits for low- and moderate-income populations1 to other targeted populations as defined by the ,fund1 or any combination thereof1 as measured by the total number and dollar amount of loans2 7ii7 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-#ai1 which includes the needs of small businesses1 consumers1 nonprofit organizations1 community development1 and other projects providing direct benefits to low- and moderate-income communities1 low-income individuals1 and minorities within the minority1 rural1 and urban low-income and underserved areas served by the applicant2 7iii7 includes a plan to provide community outreach and communication1 where appropriate2 7iv7 includes details on how the applicant plans to expand or maintain significant lending or investment activity in low- or moderate-income minority communities1 especially those that may be disproportionately impacted by ,,covid-#ai to historically disadvantaged borrowers1 and to minorities that have significant unmet capital or financial services needs4 7,b7 ,documentation ,in the case of an applicant that is certified as a community development financial institution as of the date of enactment of this subsection1 for purposes of subparagraph 7,a77i71 the ,secretary may rely on documentation submitted by the applicant to the ,fund as part of certification compliance reporting4 7#e7 ,incentives to increase lending and provide affordable credit 7,a7 ,issuance and purchase of preferred stock ,an eligible institution that the ,secretary approves for participation in the ,program may issue to the ,secretary1 and the ,secretary may purchase from such institution1 preferred stock that-- 7i7 provides that the preferred stock will-- 7,i7 be repaid not later than the end of the #aj-year period beginning on the date of the capital investment under the ,program2 or 7,,ii7 at the end of such #aj-year period1 be subject to such additional terms as the ,secretary shall prescribe1 which shall include a requirement that the stock shall carry the highest dividend or interest rate payable2 and 7ii7 provides that the term and condition described under clause 7i7 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 7i74 7,b7 ,alternative financial instruments ,if the ,secretary determines that an institution cannot feasibly issue preferred stock as provided under subparagraph 7,a71 such institution may issue to the ,secretary1 and the ,secretary may purchase from such institution1 a subordinated debt instrument whose terms are1 to the extent possible1 consistent with requirements under the ,program applicable to the terms of preferred stock issued by institutions participating in the ,program1 with such adjustments as the ,secretary determines appropriate1 including by taking into account the tax treatment of payments made with respect to securities issued by such eligible institution4 7#f7 ,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 following3 7,a7 ,no dividends1 interest or other similar required payments shall have a rate exceeding #b percent per annum for the first #aj years4 7,b7 ,the annual required payment rate of dividends1 interest1 or other similar payments of a low- and moderate-income community financial institution shall be adjusted downward as follows1 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 #cj1 #bjbj3 7i7 ,no dividends1 interest1 or other similar payments shall be due within the first #bd-month period after the capital investment by the ,secretary4 7ii7 ,if the amount of lending by the institution within minority1 rural1 and urban low-income and underserved communities and to low- and moderate-income borrowers has increased in amount between #bjj percent and #djj percent of the amount of the capital investment1 the annual payment rate shall not exceed #a4be percent per annum4 7iii7 ,if the amount of lending by the institution within minority1 rural1 and urban low-income and underserved communities and to low- and moderate-income borrowers has increased by more than #djj percent of the capital investment1 the annual payment rate shall not exceed #j4e percent per annum4 7#g7 ,contingency of payments based on certain financial criteria 7,a7 ,deferral ,any annual payments under this section shall be deferred in any quarter or payment period if any of the following is true3 7i7 ,the low- and moderate-income community institution fails to meet the ,tier #a capital ratio or similar ratio as determined by the ,secretary4 7ii7 ,the low- and moderate-income community financial institution fails to achieve positive net income for the quarter or payment period4 7iii7 ,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 notice1 in a form reasonably satisfactory to the ,secretary1 of such determination and the basis thereof4 7,b7 ,testing during next payment period ,any annual payment that is deferred under this section shall-- 7i7 be tested against the metrics described in subparagraph 7,a7 at the beginning of the next payment period2 and 7ii7 continue to be deferred until the metrics described in that subparagraph are no longer applicable4 7#h7 ,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 ,government4 7e7 ,restrictions 7#a7 ,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 7or comparable amount7 that is-- 7,a7 not more than #bej1jjj1jjj2 and 7,b7 7i7 not more than #g4e percent of total assets for an institution with assets of more than #b1jjj1jjj1jjj2 7ii7 not more than #ae percent of total assets for an institution with assets of not less than #ejj1jjj1jjj and not more than #b1jjj1jjj1jjj2 and 7iii7 not more than #bb4e percent of total assets for an institution with assets of less than #ejj1jjj1jjj4 7#b7 ,set-asides ,of the amounts made available under subsection 7c77#b71 not less than #d1jjj1jjj1jjj shall be made available for eligible institutions with total assets of not more than #b1jjj1jjj1jjj that timely apply to receive a capital investment under the ,program1 of which not less than #b1jjj1jjj1jjj shall be made available for eligible institutions with total assets of less than #ejj1jjj1jjj that timely apply to receive a capital investment under the ,program4 7#c7 ,holding of instruments ,holding any instrument of a low- and moderate-income community financial institution described in paragraph 7#a7 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 business4 7#d7 ,sale of interest 7,a7 ,in general ,with respect to a capital investment made into a low- and moderate-income community financial institution under this section1 the ,secretary-- 7i7 prior to any sale of such capital investment to a third party1 shall provide the low- and moderate-income 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 party2 7ii7 shall not sell more than #be percent of the outstanding equity interests of any institution to a single third party without the consent of such institution1 which may not be unreasonably withheld2 and 7iii7 with the permission of the institution1 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 institution4 7,b7 ,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 ,government1 including under the ,program or through the ,fund4 7#e7 ,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 ,program4 7f7 ,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 #a capital treatment4 7g7 ,outreach to minority communities ,the ,secretary shall require low- and moderate-income community financial institutions receiving capital investments under the ,program to provide community outreach and communication1 where appropriate1 describing the availability and application process of receiving loans made possible by the ,program through organizations1 trade associations1 and individuals that represent or work within or are members of minority communities4 7h7 ,restrictions 7#a7 ,in general ,not later than the end of the #cj-;day period beginning on the date of enactment of this section1 the ,secretary shall issue rules setting restrictions on executive compensation1 share buybacks1 and dividend payments for recipients of capital investments under the ,program4 7#b7 ,conflicts of interest 7,a7 ,definitions ,in this paragraph3 7i7 ,controlling interest ,the term controlling interest means owning1 controlling1 or holding not less than #bj percent1 by vote or value1 of the outstanding amount of any class of equity interest in an entity4 7ii7 ,covered entity ,the term covered entity means an entity in which a covered individual directly or indirectly holds a controlling interest4 ,for the purpose of determining whether an entity is a covered entity1 the securities owned1 controlled1 or held by #b or more individuals who are related as described in clause 7iii77,,ii7 shall be aggregated4 7iii7 ,covered individual ,the term covered individual means-- 7,i7 the ,president1 the ,vice ,president1 the head of an ,executive department1 or a ,member of ,congress2 and 7,,ii7 the spouse1 child1 son-in-law1 or daughter-in-law1 as determined under applicable common law1 of an individual described in subclause 7i74 7iv7 ,executive department ,the term ,executive department has the meaning given the term in section #aja of title #e1 ,united ,states ,code4 7v7 ,member of congress ,the term member of ,congress means a member of the ,senate or ,house of ,representatives1 a ,delegate to the ,house of ,representatives1 and the ,resident ,commissioner from ,puerto ,rico4 7vi7 ,equity interest ,the term equity interest means-- 7,i7 a share in an entity1 without regard to whether the share is-- 7aa7 transferable2 or 7bb7 classified as stock or anything similar2 7,,ii7 a capital or profit interest in a limited liability company or partnership2 or 7,,iii7 a warrant or right1 other than a right to convert1 to purchase1 sell1 or subscribe to a share or interest described in subclause 7,i7 or 7,,ii71 respectively4 7,b7 ,prohibition ,notwithstanding any other provision of this section1 no covered entity may be eligible for any investment made under the ,program4 7,c7 ,requirement ,the principal executive officer and the principal financial officer1 or individuals performing similar functions1 of an entity seeking to receive an investment made under the ,program shall1 before that investment is approved1 certify to the ,secretary and the appropriate ,federal banking agency or the ,national ,credit ,union ,administration1 as applicable1 that the entity is eligible to receive the investment1 including that the entity is not a covered entity4 7i7 ,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 ,administration1 as applicable1 or is subject to a formal enforcement action with its primary ,federal regulator that addresses unsafe or unsound lending practices4 7j7 ,termination of investment authority 7#a7 ,in general ,the authority to make new capital investments in low- and moderate-income community financial institutions1 including commitments to purchase preferred stock or other instruments1 provided under the ,program shall terminate on the date that is #f months after the date on which the national emergency concerning the novel coronavirus disease 7,,covid-#ai7 outbreak declared by the ,president on ,march #ac1 #bjbj under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 terminates4 7#b7 ,rule of construction ,nothing in this subsection may be construed to limit any other authority of the ,secretary not described in paragraph 7#a74 7k7 ,collection of data ,notwithstanding the ,equal ,credit ,opportunity ,act 7#ae ,u4,s4,c4 #afia et seq47-- 7#a7 any low- and moderate-income community financial institution may collect data described in section #gja7;a77#a7 of that ,act 7#ae ,u4,s4,c4 #afia7;a77#a77 from borrowers and applicants for credit for the sole purpose and exclusive use of monitoring compliance under the plan required under subsection 7d77#d72 and 7#b7 a low- and moderate-income community financial institution that collects the data described in paragraph 7#a7 shall not be subject to adverse action related to that collection by the ,bureau of ,consumer ,financial ,protection or any other ,federal agency4 7l7 ,deposit of funds ,all funds received by the ,secretary in connection with purchases made pursuant this section1 including interest payments1 dividend payments1 and proceeds from the sale of any financial instrument1 shall be deposited into the ,fund and used to provide financial and technical assistance pursuant to section #ajh1 except that subsection 7e7 of that section shall be waived4 7m7 ,direct appropriation ,there is appropriated1 out of amounts in the ,treasury not otherwise appropriated1 for fiscal year #bjba1 #i1jjj1jjj1jjj1 to remain available until expended and to be deposited in the ,emergency ,capital ,investment ,fund1 to carry out this section4 7n7 ,administrative expenses ,funds appropriated pursuant to subsection 7m7 may be used for administrative expenses1 including the costs of modifying such investments1 and reasonable costs of administering the ,program of making1 holding1 managing1 and selling the capital investments4 7o7 ,administrative provisions ,the ,secretary may take such actions as the ,secretary determines necessary to carry out the authorities in this section1 including the following3 7#a7 ,the ,secretary may use the services of any agency or instrumentality of the ,united ,states or component thereof on a reimbursable basis1 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 agency1 instrumentality1 or component4 7#b7 ,the ,secretary may enter into contracts1 including contracts for services authorized by section #caji of title #e1 ,united ,states ,code4 7#c7 ,the ,secretary may designate any bank1 savings association1 trust company1 security broker or dealer1 asset manager1 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 required4 ,the ,secretary shall have authority to amend existing agreements with financial agents to perform reasonable duties related to this section4 7#d7 ,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 section4 7#e7 ,the ,secretary may manage any assets purchased under this section1 including revenues and portfolio risks therefrom4 7#f7 ,the ,secretary may sell1 dispose of1 transfer1 exchange or enter into securities loans1 repurchase transactions1 or other financial transactions in regard to1 any preferred stock or other financial instrument or asset purchased or acquired under this section1 upon terms and conditions and at a price determined by the ,secretary4 7#g7 ,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 section4 7#h7 ,the ,secretary may establish and use vehicles to purchase1 hold1 and sell preferred stock or other financial instruments and issue obligations4 7#i7 ,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 section4 7#aj7 ,the ,secretary is authorized to use direct hiring authority to hire employees to administer this section4 4 7b7 ,technical and conforming amendment ,the table of contents in section #a7;b7 of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid is amended by inserting after the item relating to section #ajd the following3 #ajd;,a4 ,capital investments for neighborhoods disproportionately impacted by the ,,covid-#ai pandemic4 4 #ebc4 ,emergency support for ,c,d,f,is and communities responding to the ,,covid-#ai pandemic 7a7 ,direct appropriation ,there is appropriated1 out of amounts in the ,treasury not otherwise appropriated1 for the fiscal year #bjba1 #c1jjj1jjj1jjj under the heading ,department of ,treasury--,community ,development ,financial ,institutions ,fund ,program ,account1 ,emergency ,support to carry out this section1 of which-- 7#a7 up to #a1bej1jjj1jjj1 shall remain available until ,september #cj1 #bjba1 to support1 prepare for1 and respond to the economic impact of the coronavirus1 provided that the ,fund shall-- 7,a7 provide grants funded under this paragraph using a formula that takes into account criteria such as certification status1 financial and compliance performance1 portfolio and balance sheet strength1 a diversity of ,,cdfi business model types1 and program capacity1 of which not less than #be1jjj1jjj may be for grants to benefit ,native ,american1 ,native ,hawaiian1 and ,alaska ,native communities2 and 7,b7 make funds available under this paragraph not later than #fj days after the date of enactment of this ,act2 and 7#b7 up to #a1gej1jjj1jjj1 shall remain available until expended1 to provide grants to ,c,d,f,is to respond to the economic impact of the ,,covid-#ai pandemic-- 7,a7 to expand lending1 grant making1 or investment activity in low- or moderate-income minority communities and to minorities that have significant unmet capital or financial services needs2 7,b7 using criteria such as certification status1 financial and compliance performance1 portfolio and balance sheet strength1 a diversity of ,,cdfi business model types1 status as a minority lending institution1 and program capacity1 as well as experience making loans and investments to those areas and populations identified in this paragraph2 and 7,c7 of which up to #a1bjj1jjj1jjj1 shall be for providing financial assistance1 technical assistance1 awards1 training and outreach programs to recipients that are minority lending institutions4 7b7 ,administrative expenses ,funds appropriated pursuant to subsection 7a7 may be used for administrative expenses1 including administration of ,fund programs and the ,new ,markets ,tax ,credit ,program under section #de;,d of the ,internal ,revenue ,code of #aihf4 7c7 ,definitions ,in this section3 7#a7 ,,cdfi ,the term ,,cdfi means a community development financial institution1 as defined in section #ajc of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjb74 7#b7 ,fund ,the term ,fund means the ,community ,development ,financial ,institutions ,fund established under section #ajd7;a7 of the ,community ,development ,banking and ,financial ,institutions ,act of #aiid 7#ab ,u4,s4,c4 #dgjc7;a774 7#c7 ,minority ,the term minority means any ,black ,american1 ,hispanic ,american1 ,asian ,american1 ,native ,american1 ,native ,alaskan1 ,native ,hawaiian1 or ,pacific ,islander4 7#d7 ,minority lending institution ,the term minority lending institution means a ,,cdfi-- 7,a7 with respect to which a majority of both the number dollar volume of arm's-length1 on-balance sheet financial products of the ,,cdfi are directed at minorities or majority minority census tracts or equivalents2 and 7,b7 that-- 7i7 is a minority depository institution1 as defined in section #cjh7;b7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #adfc note71 or otherwise considered to be a minority depository institution by the appropriate ,federal banking agency1 as defined in section #c of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac71 or by the ,national ,credit ,union ,administration1 as applicable2 or 7ii7 meets standards for accountability to minority populations as determined by the ,administrator4 7d7 ,collection of data ,with respect to a ,,cdfi that receives funds under this section1 notwithstanding the ,equal ,credit ,opportunity ,act 7#ae ,u4,s4,c4 #afia et seq47-- 7#a7 the ,,cdfi may collect data described in section #gja7;a77#a7 of that ,act 7#ae ,u4,s4,c4 #afia7;a77#a77 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 served2 and 7#b7 the ,,cdfi that collects the data described in paragraph 7#a7 shall not be subject to adverse action related to that collection by the ,bureau of ,consumer ,financial ,protection or any other ,federal agency4 #ebd4 ,inspector ,general oversight 7a7 ,in general ,the ,inspector ,general of the ,department of the ,treasury shall conduct1 supervise1 and coordinate audits and investigations of any program established under this subtitle or the amendments made by this subtitle4 7b7 ,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 ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,secretary of the ,treasury not less frequently than #b times per year a report relating to the oversight provided by the ,office of the ,inspector ,general1 including any recommendations for improvements to the programs described in subsection 7a74 #ebe4 ,study and report with respect to impact of programs on low- and moderate-income and minority communities 7a7 ,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 moderate-income and minority communities4 7b7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of the ,treasury shall submit to the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate a report on the results of the study conducted pursuant to subsection 7a71 which shall include1 to the extent possible1 the results of the study disaggregated by ethnic group4 7c7 ,information provided to the secretary ,eligible institutions that participate in any of the programs described in subsection 7a7 shall provide the ,secretary of the ,treasury with such information as the ,secretary may require to carry out the study required by this section4 ,c ,miscellaneous #edj4 ,extensions of temporary relief and emergency authorities 7a7 ,in general ,title ,,iv of the ,,cares ,act 7#ae ,u4,s4,c4 #ijda et seq47 is amended-- 7#a7 in section #djad7;b7 7#ae ,u4,s4,c4 #ijeb7;b77-- 7,a7 in paragraph 7#a71 by inserting the first day of the fiscal year of the insured depository institution1 bank holding company1 or any affiliate thereof that begins after before the date2 and 7,b7 in paragraph 7#b71 by striking ,december #ca1 #bjbj and inserting ,january #a1 #bjbb2 and 7#b7 in section #djaf7;b77#b71 by striking #bjbj and inserting #bjba4 7b7 ,temporary credit union provisions ,section #cjg7;a77#d77;,a7 of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #agie;f7a77#d77;,a77 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjba4 #eda4 ,extension of temporary relief from troubled debt restructurings and insurer clarification ,section #djac of the ,,cares ,act 7#ae ,u4,s4,c4 #ijea7 is amended-- 7#a7 by inserting 1 including an insurance company1 after institution each place the term appears2 7#b7 in subsection 7a77#a71 by striking ,december #ca1 #bjbj and inserting ,january #a1 #bjbb2 7#c7 in subsection 7b77#a77;,b71 by inserting under ,united ,states ,generally ,accepted ,accounting ,principles after purposes2 and 7#d7 in subsection 7d77#a71 by inserting 1 including insurance companies1 after institutions4 #edb4 ,healthcare operating loss loans 7a7 ,definitions ,in this section3 7#a7 ,operating loss ,the term operating loss has the meaning given the term in section #bbc7;d7 of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agaen7d774 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7b7 ,authorization to provide mortgage insurance ,notwithstanding any other provision of law1 for fiscal years #bjbj and #bjba1 in addition to the authority provided to insure operating loss loans under section #bbc7;d7 of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agaen7d771 the ,secretary may insure or enter into commitments to ensure mortgages under such section #bbc7;d7 with respect to healthcare facilities-- 7#a7 insured under section #bcb or section #bdb of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agaew1 #agaez-#g72 7#b7 that were financially sound immediately prior to the ,president's ,march #ac1 #bjbj ,proclamation on ,declaring a ,national ,emergency ,concerning the ,novel ,coronavirus ,disease 7,,covid-#ai7 ,outbreak2 7#c7 that have exhausted all other forms of assistance2 and 7#d7 subject to-- 7,a7 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 #bjbj and #bjba2 and 7,b7 the underwriting parameters and other terms and conditions that the ,secretary determines appropriate through guidance4 7c7 ,amount of loan ,after all other realized or reasonably anticipated assistance 7including reimbursements1 loans1 or other payments from other ,federal sources7 are taken into account1 a loan insured under subsection 7b7 shall be in an amount not exceeding the lesser of-- 7#a7 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 #ac1 #bjbj ,proclamation on ,declaring a ,national ,emergency ,concerning the ,novel ,coronavirus ,disease 7,,covid-#ai7 ,outbreak2 or 7#b7 the amount expected to be needed to cover the sum of-- 7,a7 #a year of principal and interest payments for the existing loans of the healthcare facility insured by the ,secretary2 7,b7 #a year of principal and interest payments for the loan pursuant to this section2 7,c7 #a year of mortgage insurance premiums for the loans described in subparagraphs 7,a7 and 7,b72 7,d7 #a year of monthly deposits to reserve accounts required by the ,secretary for the loans described in subparagraphs 7,a7 and 7,b72 7,e7 #a year of property taxes and insurance for the healthcare facility2 and 7,f7 transaction costs1 including legal fees1 for the loans described in subparagraphs 7,a7 and 7,b74 ,,vi ,labor provisions #fja4 ,job ,corps ,flexibilities 7a7 ,enrollment ,during the period beginning on the date of enactment of this ,act and ending when all qualifying emergencies have expired1 notwithstanding any other provision of law1 the requirements described in sections #ade7;a77#b77;,a7 and #aeb7;b77#b77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caie7;a77#b77;,a71 #cbjb7;b77#b77;,b77 shall be applicable only for enrollees in the ,job ,corps-- 7#a7 participating on-site at a ,job ,corps center2 or 7#b7 returning to on-site participation at a ,job ,corps center after participating in distance learning4 7b7 ,eligibility ,during a qualifying emergency or the #a-year period immediately following the expiration of the qualifying emergency1 an individual who would be older than the age of #bd on the date the individual enrolls in the ,job ,corps is eligible to enroll in the ,job ,corps1 notwithstanding section #add7;a77#a77;,a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caid7;a77#a77;,a771 as long as-- 7#a7 the individual applies for enrollment by the date that is #f months after the date of enactment of this ,act1 and is not older than age #bd on the date of application2 and 7#b7 the individual attains the age of #be during the qualifying emergency or the #a-year period immediately following the expiration of the qualifying emergency4 7c7 ,qualifying emergency defined ,in this section1 the term qualifying emergency has the meaning given the term in section #cejb7;a77#d7 of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf74 ,,vii ,nutrition and ,agriculture ,relief ,a ,nutrition #a ,supplemental ,nutrition ,assistance ,program #gja4 ,definitions ,in this chapter-- 7#a7 ,covid-#ai public health emergency ,the term ,,covid-#ai public health emergency means a public health emergency declared or renewed by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 based on an outbreak of coronavirus disease #bjai 7,,covid-#ai74 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#c7 ,supplemental nutrition assistance program ,the term supplemental nutrition assistance program has the meaning given such term in section #c7t7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab7t774 7#d7 ,,snap ,the term ,,snap refers to the supplemental nutrition assistance program4 #gjb4 ,supplemental nutrition assistance program 7a7 ,value of benefits ,notwithstanding any other provision of law1 beginning on ,january #a1 #bjba1 and for each subsequent month through ,june #cj1 #bjba1 the value of benefits determined under section #h7;a7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #ae #bjag7;a77 shall be calculated using #aae percent of the ,june #bjbj value of the thrifty food plan 7as defined in section #c of such ,act 7#g ,u4,s4,c4 #bjab77 if the value of the benefits would be greater under that calculation than in the absence of this subsection4 7b7 ,requirements for the secretary ,in carrying out this section1 the ,secretary shall-- 7#a7 consider the benefit increases described in subsection 7a7 to be a mass change2 7#b7 require a simple process for ,states to notify households of the increase in benefits2 7#c7 consider section #af7;c77#c77;,a7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbe7;c77#c77;,a77 to apply to any errors in the implementation of this section without regard to the #abj-;day limit described in that section2 and 7#d7 disregard the additional amount of benefits that a household receives as a result of this section in determining the amount of overissuances under section #ac of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjbb74 7c7 ,administrative expenses 7#a7 ,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 #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 during the ,,covid-#ai public health emergency1 the ,secretary shall make available #ajj1jjj1jjj for fiscal year #bjba4 7#b7 ,timing ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary shall make available to ,states amounts for fiscal year #bjba under paragraph 7#a74 7#c7 ,allocation of funds ,funds described in paragraph 7#a7 shall be made available as grants to ,state agencies for fiscal year #bjba as follows3 7,a7 #ge percent of the amounts available for fiscal year #bjba 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 #ab-month period for which data are available1 adjusted by the ,secretary 7as of the date of the enactment of this ,act7 for participation in disaster programs under section #e7;h7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjad7;h772 and 7,b7 #be percent of the amounts available for fiscal year #bjba 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 #ab-month period for which data are available1 adjusted by the ,secretary 7as of the date of the enactment of this ,act7 for participation in disaster programs under section #e7;h7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjad7;h774 7d7 ,certain exclusions from snap income ,a ,federal pandemic unemployment compensation payment made to an individual under section #bajd of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf7 shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following #i months1 for the purpose of determining eligibility of such individual or any other individual for benefits or assistance1 or the amount of benefits or assistance1 under any programs authorized under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 7e7 ,provisions for impacted students 7#a7 ,in general ,notwithstanding any other provision of law1 not later than #bj days after the date of the enactment of this ,act1 eligibility for supplemental nutrition assistance program benefits shall not be limited under section #f7;e7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae7;e77 for an individual who-- 7,a7 is enrolled at least half-time in an institution of higher education2 and 7,b7 7i7 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 education2 or 7ii7 in the current academic year1 has an expected family contribution of #j as determined in accordance with part ,f of title ,,iv of the ,higher ,education ,act of #aie 7#bj ,u4,s4,c4 #ajhgkk et4 seq474 7#b7 ,sunset 7,a7 ,initial applications ,the eligibility standards authorized under paragraph 7#a7 shall be in effect for initial applications for the supplemental nutrition assistance program until #cj days after the ,,covid-#ai public health emergency is lifted4 7,b7 ,recertifications ,the eligibility standards authorized under paragraph 7#a7 shall be in effect until the first recertification of a household beginning no earlier than #cj days after the ,,covid-#ai public health emergency is lifted4 7#c7 ,guidance 7,a7 ,in general ,not later than #aj days after the date of enactment of this ,act1 the ,secretary shall issue guidance to ,state agencies on the temporary student eligibility requirements established under this subsection4 7,b7 ,coordination with the ,department of ,education ,the ,secretary of ,education1 in consultation with the ,secretary of ,agriculture and institutions of higher education1 shall carry out activities to inform applicants for ,federal student financial aid under the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 and students at institutions of higher education of the temporary student eligibility requirements established under this subsection4 7f7 ,report ,not later than ,july #ca1 #bjba1 the ,secretary shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 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 7a74 7g7 ,limitation on quality control waivers ,section #dfjc7;a77#b7 of the ,continuing ,appropriations ,act1 #bjba and ,other ,extensions ,act 7,public ,law #aaf-aei7 is amended by striking ,september #cj1 #bjba and inserting ,june #cj1 #bjba4 7h7 ,funding ,there are hereby appropriated to the ,secretary1 out of any money not otherwise appropriated1 such sums as may be necessary to carry out this section4 #gjc4 ,additional assistance for ,,snap online purchasing and technology improvements 7a7 ,resources for ,,snap online purchasing ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall provide-- 7#a7 additional support for the ,food and ,nutrition ,service to conduct end-to-end testing in the online production environment2 and 7#b7 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 purchasing4 7b7 ,snap online purchasing assistance for direct-marketing farmers and farmers' markets ,the ,secretary1 on a competitive basis1 shall enter into cooperative agreements with1 or provide grants to1 not more than #e eligible entities to build out functionality1 and provide assistance to direct-marketing farmers and farmers' markets to accept ,,snap benefits through online transactions4 7#a7 ,selection priority ,the ,secretary shall prioritize eligible entities with experience building online purchasing platforms for technology solutions for farmers' markets and direct-marketing farmers4 7#b7 ,definition of eligible entity ,in this subsection1 the term eligible entity means a nonprofit entity with experience building online purchasing platforms or technology solutions1 or with experience working with commercial entities that have experience building online purchasing platforms or technology solutions4 7c7 ,issuance ,innovation and ,technology ,improvement ,support ,the ,secretary shall-- 7#a7 review technological developments1 including developments related to security and privacy1 surrounding mobile payment technology1 to support the mobile technologies demonstration projects and the use of mobile technologies authorized under section #g7k77#ad7 of the ,food and ,nutrition ,act of #bjjh2 and 7#b7 test methods to modernize electronic benefit transfer technology for the purpose of improving the security and integrity of the electronic benefits transfer system4 7d7 ,report ,not later than ,january #ca1 #bjbb1 and annually thereafter until all funds provided under subsection 7e7 have been expended1 the ,secretary shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report that includes-- 7#a7 a description of the activities conducted under subsections 7a71 7b71 and 7c72 7#b7 a description of any grants1 cooperative agreements1 or contracts awarded under this section2 7#c7 an analysis of the technological developments surrounding mobile payment technology2 and 7#d7 a summary of ,,ebt modernization testing results under subsection 7c77#b74 7e7 ,funding 7#a7 ,appropriations ,there is hereby appropriated to the ,secretary1 out of any money in the ,treasury not otherwise appropriated1 #e1jjj1jjj to be available until expended to carry out this section4 7#b7 ,use of funds ,with respect to the funds appropriated under paragraph 7#a71 the ,secretary shall use-- 7,a7 not more than #a1jjj1jjj for purposes described in subsection 7a72 and 7,b7 not more than #a1jjj1jjj for purposes described in subsection 7b74 #gjd4 ,nutrition ,assistance ,programs ,in addition to amounts otherwise made available1 #fad1jjj1jjj1 to remain available through ,september #cj1 #bjba1 shall be available for the ,secretary of ,agriculture to provide grants to the ,commonwealth of the ,northern ,mariana ,islands1 ,puerto ,rico1 and ,american ,samoa for nutrition assistance in response to a ,,covid-#ai public health emergency1 of which #ad1jjj1jjj shall be available for the ,commonwealth of the ,northern ,mariana ,islands4 #b ,commodity ,distribution ,programs #gaa4 ,emergency ,food ,assistance ,program ,for an additional amount for the ,commodity ,assistance ,program for the emergency food assistance program as authorized by section #bg7;a7 of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjcf7;a77 and section #bjd7;a77#a7 of the ,emergency ,food ,assistance ,act of #aihc 7#g ,u4,s4,c4 #gejh7;a77#a771 #djj1jjj1jjj1 to remain available through ,september #cj1 #bjba3 ,provided1 ,that of the funds made available in this section1 the ,secretary may use up to #bj percent for costs associated with the distribution of commodities4 #gab4 ,commodity ,supplemental ,assistance ,program ,in addition to amounts otherwise made available1 #ac1jjj1jjj1 to remain available through ,september #cj1 #bjba1 shall be available for the ,secretary of ,agriculture for the ,commodity ,supplemental ,food ,program as authorized by section #d7;a7 of the ,agriculture and ,consumer ,protection ,act of #aigc 7#g ,u4,s4,c4 #fab;c note73 ,provided1 ,that of the funds made available in this section1 up to #bj percent shall be available for ,state administrative expenses4 #c ,child ,nutrition #gba4 ,assistance for children in child care ,section #aaja of the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg2 #g ,u4,s4,c4 #bjaa note7 is amended-- 7#a7 in subsection 7f71 by amending paragraph 7#b7 to read as follows3 7#b7 ,simplifying assumptions for school year #bjbj-bjba ,for purposes of this section1 a ,state agency may develop and use simplifying assumptions 7including a ,state or local public health ordinance developed in response to ,,covid-#ai7 and the best feasibly available data to determine the status of a school or covered child care facility as opened1 closed1 or operating with a reduced number of days or hours1 establish ,state or regionally-based benefits levels1 identify eligible children and children eligible for assistance under subsection 7h71 and establish eligibility periods for eligible children and children eligible for assistance under subsection 7h74 2 and 7#b7 in subsection 7h7-- 7,a7 in paragraph 7#a71 by inserting or the area of a child's residence after schools in the area of a covered child care facility2 7,b7 in paragraph 7#b71 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 #e consecutive days before the period at the end2 and 7,c7 by adding at the end the following3 7#d7 ,deemed population ,for purposes of an approved ,state agency plan described in paragraph 7#a7 or an approved amendment to such a plan described in such paragraph1 the ,secretary of ,agriculture shall deem any child who has not attained the age of #f as a child who is enrolled in a covered child care facility4 2 and 7#c7 in subsection 7j71 by inserting for ,state agencies1 other agencies of the ,state1 local units1 and schools after administrative expenses4 #gbb4 ,emergency costs for child nutrition programs during ,,covid-#ai pandemic 7a7 ,use of certain appropriations to cover emergency operational costs under school meal programs 7#a7 ,in general 7,a7 ,required allotments ,notwithstanding any other provision of law1 the ,secretary shall allocate to each ,state that participates in the reimbursement program under paragraph 7#c7 such amounts as may be necessary to carry out reimbursements under such paragraph for each reimbursement month1 including1 subject to paragraph 7#e77;,b71 administrative expenses necessary to make such reimbursements4 7,b7 ,guidance with respect to program ,not later than #cj days after the date of the enactment of this section1 the ,secretary shall issue guidance with respect to the reimbursement program under paragraph 7#c74 7#b7 ,reimbursement program application ,to participate in the reimbursement program under paragraph 7#c71 not later than #cj days after the date described in paragraph 7#a77;,b71 a ,state shall submit an application to the ,secretary that includes a plan to calculate and disburse reimbursements under the reimbursement program under paragraph 7#c74 7#c7 ,reimbursement program ,subject to paragraphs 7#d7 and 7#e77;,d71 using the amounts allocated under paragraph 7#a77;,a71 a ,state participating in the reimbursement program under this paragraph shall make reimbursements for emergency operational costs for each reimbursement month as follows3 7,a7 ,for each new school food authority in the ,state for the reimbursement month1 an amount equal to #ee percent of the amount equal to-- 7i7 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 period2 minus 7ii7 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 month4 7,b7 ,for each school food authority not described in subparagraph 7,a7 in the ,state for the reimbursement month1 an amount equal to #ee percent of-- 7i7 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 month2 minus 7ii7 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 month4 7#d7 ,special rules relating to reimbursement calculation 7,a7 ,effect of negative number ,if a subtraction performed under subparagraph 7,a7 or 7,b7 of paragraph 7#c7 results in a negative number1 the reimbursement amount calculated under such subparagraph shall equal zero4 7,b7 ,special treatment of ,march1 #bjbj ,in the case of a reimbursement under subparagraph 7,a7 or 7,b7 of paragraph 7#c7 for the reimbursement month of ,march1 #bjbj1 the reimbursement amount shall be equal to the amount determined under such a subparagraph for such month1 divided by #b4 7#e7 ,treatment of funds 7,a7 ,availability ,funds allocated to a ,state under paragraph 7#a77;,a7 shall remain available until ,september #cj1 #bjba4 7,b7 ,administrative expenses ,a ,state may reserve not more than #a percent of the funds allocated under paragraph 7#a77;,a7 for administrative expenses to carry out this subsection4 7,c7 ,unexpended balance ,on ,march #ca1 #bjbb1 any amounts allocated to a ,state under paragraph 7#a77;,a7 or reimbursed to a school food authority or new school food authority under paragraph 7#c7 that are unexpended by such ,state1 school food authority1 or new school food authority shall revert to the ,secretary4 7,d7 ,limitation on use of funds ,funds allocated to a ,state under paragraph 7#a77;,a7 may only be made available to a school food authority or new school food authority that-- 7i7 submits a claim to such ,state for meals1 supplements1 or administrative costs with respect to a month occurring during the period beginning ,september #a1 #bjbj and ending ,december #ca1 #bjbj2 or 7ii7 provides an assurance to such ,state that the school food authority or new school food authority will submit a claim to such ,state for meals1 supplements1 or administrative costs with respect to a month occurring during the first full semester 7or equivalent term7 after the conclusion of the public health emergency1 as determined by such ,state4 7#f7 ,reports ,each ,state that carries out a reimbursement program under paragraph 7#c7 shall1 not later than ,march #ca1 #bjbb1 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 ,state4 7b7 ,use of certain appropriations to cover child and adult care food program child care operational emergency costs during ,,covid-#ai pandemic 7#a7 ,in general 7,a7 ,required allotments ,notwithstanding any other provision of law1 the ,secretary shall allocate to each ,state that participates in the reimbursement program under paragraph 7#c7 such amounts as may be necessary to carry out reimbursements under such paragraph for each reimbursement month1 including1 subject to paragraph 7#e77;,c71 administrative expenses necessary to make such reimbursements4 7,b7 ,guidance with respect to program ,not later than #cj days after the date of the enactment of this section1 the ,secretary shall issue guidance with respect to the reimbursement program under paragraph 7#c74 7#b7 ,reimbursement program application ,to participate in the reimbursement program under paragraph 7#c71 not later than #cj days after the date described in paragraph 7#a77;,b71 a ,state shall submit an application to the ,secretary that includes a plan to calculate and disburse reimbursements under the reimbursement program under paragraph 7#c74 7#c7 ,reimbursement amount ,subject to paragraphs 7#d7 and 7#e77;,e71 using the amounts allocated under paragraph 7#a77;,a71 a ,state participating in the reimbursement program under this paragraph shall make reimbursements for child care operational emergency costs for each reimbursement month as follows3 7,a7 ,for each new covered institution in the ,state for the reimbursement month1 an amount equal to #ee percent of-- 7i7 the average monthly amount such new covered institution was reimbursed under subsection 7c7 and subsection 7f7 of section #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7 for meals and supplements served by such new covered institution during the alternate period2 minus 7ii7 the amount such new covered institution was reimbursed under such section for meals and supplements served by such new covered institution during such reimbursement month4 7,b7 ,for each covered institution not described in subparagraph 7,a7 in the ,state for the reimbursement month1 an amount equal to #ee percent of-- 7i7 the amount such covered institution was reimbursed under subsection 7c7 and subsection 7f7 of section #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7 for meals and supplements served by such covered institution during the month beginning one year before such reimbursement month2 minus 7ii7 the amount such covered institution was reimbursed under such section for meals and supplements served by such covered institution during such reimbursement month4 7,c7 ,for each new sponsoring organization of a family or group day care home in the ,state for the reimbursement month1 an amount equal to #ee percent of-- 7i7 the average monthly amount such new sponsoring organization of a family or group day care home was reimbursed under section #ag7;f77#c77;,b7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7;f77#c77;,b77 for administrative funds for the alternate period2 minus 7ii7 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 month4 7,d7 ,for each sponsoring organization of a family or group day care home not described in subparagraph 7,c7 in the ,state for the reimbursement month1 an amount equal to #ee percent of-- 7i7 the amount such sponsoring organization of a family or group day care home was reimbursed under section #ag7;f77#c77;,b7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7;f77#c77;,b77 for administrative funds for the month beginning one year before such reimbursement month2 minus 7ii7 the amount such sponsoring organization of a family or group day care home was reimbursed under such section for administrative funds for such reimbursement month4 7#d7 ,special rules relating to reimbursement calculation 7,a7 ,effect of negative number ,if a subtraction performed under subparagraph 7,a71 7,b71 7,c71 or 7,d7 of paragraph 7#c7 results in a negative number1 the reimbursement amount calculated under such subparagraph shall equal zero4 7,b7 ,special treatment of ,march1 #bjbj ,in the case of a reimbursement under subparagraph 7,a71 7,b71 7,c71 or 7,d7 of paragraph 7#c7 for the reimbursement month of ,march1 #bjbj1 the reimbursement amount shall be equal to the amount determined under such a subparagraph for such month1 divided by #b4 7#e7 ,treatment of funds 7,a7 ,availability ,funds allocated to a ,state under paragraph 7#a77;,a7 shall remain available until ,september #cj1 #bjba4 7,b7 ,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 7,a7 or 7,b7 of paragraph 7#c71 such unaffiliated center shall provide to such sponsoring organization an amount of such funds as agreed to by the sponsoring organization and the unaffiliated center1 except such amount may not be greater be than #ae percent of such funds4 7,c7 ,administrative expenses ,a ,state may reserve not more than #a percent of the funds allocated under paragraph 7#a77;,a7 for administrative expenses to carry out this subsection4 7,d7 ,unexpended balance ,on ,march #ca1 #bjbb1 any amounts allocated to a ,state under paragraph 7#a77;,a7 or reimbursed to a new covered institution1 covered institution1 new sponsoring organization of a family or group day care home1 or sponsoring organization of a family or group day care home that are unexpended by such ,state1 new covered institution1 covered institution1 new sponsoring organization of a family or group day care home1 or sponsoring organization of a family or group day care home1 shall revert to the ,secretary4 7,e7 ,limitation on use of funds ,funds allocated to a ,state under paragraph 7#a77;,a7 may only be made available to a new covered institution1 covered institution1 new sponsoring organization of a family or group day care home1 or sponsoring organization of a family or group day care home that-- 7i7 submits a claim to such ,state for meals1 supplements1 or administrative costs with respect to a month occurring during the period beginning ,september #a1 #bjbj and ending ,december #ca1 #bjbj2 or 7ii7 provides an assurance to such ,state that the new covered institution1 covered institution1 new sponsoring organization of a family or group day care home1 or sponsoring organization of a family or group day care home will submit a claim to such ,state for meals1 supplements1 or administrative costs with respect to a month occurring within #ij days after the conclusion of the public health emergency4 7#f7 ,reports ,each ,state that carries out a reimbursement program under paragraph 7#c7 shall1 not later than ,march #ca1 #bjbb1 submit a report to the ,secretary that includes a summary of the use of such funds by the ,state and each new covered institution1 covered institution1 new sponsoring organization of a family or group day care home1 or sponsoring organization of a family or group day care home4 7c7 ,funding ,there are appropriated to the ,secretary1 out of any funds in the ,treasury not otherwise appropriated1 such sums as are necessary to carry out this section4 7d7 ,definitions ,in this section3 7#a7 ,alternate period ,the term alternate period means the period beginning ,january #a1 #bjbj and ending ,february #bi1 #bjbj4 7#b7 ,emergency operational costs ,the term emergency operational costs means the costs incurred by a school food authority or new school food authority-- 7,a7 during a public health emergency2 7,b7 that are related to the ongoing operation1 modified operation1 or temporary suspension of operation 7including administrative costs7 of such school food authority or new school food authority2 and 7,c7 except as provided under subsection 7a71 that are not reimbursed under a ,federal grant4 7#c7 ,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 #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7 incurred by a new covered institution1 covered institution1 new sponsoring organization of a family or group day care home1 or sponsoring organization of a family or group day care home-- 7,a7 during a public health emergency2 7,b7 that are related to the ongoing operation1 modified operation1 or temporary suspension of operation 7including administrative costs7 of such new covered institution1 covered institution1 new sponsoring organization of a family or group day care home1 sponsoring organization of a family or group day care home1 or sponsoring organization of an unaffiliated center2 and 7,c7 except as provided under subsection 7b71 that are not reimbursed under a ,federal grant4 7#d7 ,covered institution ,the term covered institution means-- 7,a7 an institution 7as defined in section #ag7;a77#b7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7;a77#b7772 and 7,b7 a family or group day care home4 7#e7 ,new covered institution ,the term new covered institution means a covered institution for which no reimbursements were made for meals and supplements under section #ag7;c7 or 7f7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7 with respect to the previous reimbursement period4 7#f7 ,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 period4 7#g7 ,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 #ag7;f77#c77;,b7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff7;f77#c77;,b77 for the previous reimbursement period4 7#h7 ,previous reimbursement period ,the term previous reimbursement period means the period beginning ,march #a1 #bjai and ending ,june #cj1 #bjai4 7#i7 ,public health emergency ,the term public health emergency means a public health emergency declared pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 resulting from the ,,covid-#ai pandemic or any renewal of such declaration pursuant to such section #cai4 7#aj7 ,reimbursement month ,the term reimbursement month means ,march #bjbj1 ,april #bjbj1 ,may #bjbj1 and ,june #bjbj4 7#aa7 ,reimbursement sections ,the term reimbursement sections means-- 7,a7 section #d7;b71 section #aa7;a77#b71 section #ac1 and section #ag;,a7c7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agec7;b72 #db ,u4,s4,c4 #agei;a7a77#b72 #db ,u4,s4,c4 #agfa2 #db ,u4,s4,c4 #agff;a7c772 and 7,b7 section #d of the ,child ,nutrition ,act 7#db ,u4,s4,c4 #aggc74 7#ab7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#ac7 ,state ,the term ,state has the meaning given such term in section #ab7;d77#h7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7;d77#h774 #gbc4 ,task force on supplemental foods delivery in the special supplemental nutrition program 7a7 ,establishment of task force ,not later than #ij days after the date of the enactment of this section1 the ,secretary shall establish a task force on supplemental foods delivery in the special supplemental nutrition program 7in this section referred to as the ,task ,force74 7b7 ,membership 7#a7 ,composition ,the ,task ,force shall be composed of at least #a member but not more than #c members appointed by the ,secretary from each of the following3 7,a7 ,retailers of supplemental foods4 7,b7 ,representatives of ,state agencies4 7,c7 ,representatives of ,indian ,state agencies4 7,d7 ,representatives of local agencies4 7,e7 ,technology companies with experience maintaining the special supplemental nutrition program information systems and technology1 including management information systems or electronic benefit transfer services4 7,f7 ,manufacturers of supplemental foods1 including infant formula4 7,g7 ,participants in the special supplemental nutrition program from diverse locations4 7,h7 ,other organizations that have experience with and knowledge of the special supplemental nutrition program4 7#b7 ,limitation on membership ,the ,task ,force shall be composed of not more than #bj members4 7c7 ,duties 7#a7 ,study ,the ,task ,force shall study measures to streamline the redemption of supplemental foods benefits that promote convenience1 safety1 and equitable access to supplemental foods1 including infant formula1 for participants in the special supplemental nutrition program1 including-- 7,a7 online and telephonic ordering and curbside pickup of1 and payment for1 supplemental foods2 7,b7 online and telephonic purchasing of supplemental foods2 7,c7 home delivery of supplemental foods2 7,d7 self checkout for purchases of supplemental foods2 and 7,e7 other measures that limit or eliminate consumer presence in a physical store4 7#b7 ,report by ,task ,force ,not later than ,september #cj1 #bjba1 the ,task ,force shall submit to the ,secretary a report that includes-- 7,a7 the results of the study required under paragraph 7#a72 and 7,b7 recommendations with respect to such results4 7#c7 ,report by ,secretary ,not later than #de days after receiving the report required under paragraph 7#b71 the ,secretary shall-- 7,a7 submit to ,congress a report that includes-- 7i7 a plan with respect to carrying out the recommendations received by the ,secretary in such report under paragraph 7#b72 and 7ii7 an assessment of whether legislative changes are necessary to carry out such plan2 and 7,b7 notify the ,task ,force of the submission of the report required under subparagraph 7,a74 7#d7 ,publication ,the ,secretary shall make publicly available on the website of the ,department of ,agriculture-- 7,a7 the report received by the ,secretary under paragraph 7#b72 and 7,b7 the report submitted by the ,secretary under paragraph 7#c77;,a74 7d7 ,termination ,the ,task ,force shall terminate on the date the ,secretary submits the report required under paragraph 7#c77;,a74 7e7 ,nonapplicability of ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,task ,force4 7f7 ,definitions ,in this section3 7#a7 ,local agency ,the term local agency has the meaning given the term in section #ag7;b7 of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf7;b774 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#c7 ,special supplemental nutrition program ,the term special supplemental nutrition program means the special supplemental nutrition program under section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf74 7#d7 ,state agency ,the term ,state agency has the meaning given the term in section #ag7;b7 of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf7;b774 7#e7 ,supplemental foods ,the term supplemental foods has the meaning given the term in section #ag7;b7 of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf7;b774 #d ,other ,matters #gca4 ,aging and disability services programs ,for an additional amount for nutrition services under the ,older ,americans ,act of #aife1 #age1jjj1jjj3 ,provided1 ,that of the amount made available under this heading in this ,act1 #afh1jjj1jjj shall be for subparts #a and #b of part ,c of title ,,iii of such ,act and #g1jjj1jjj shall be for nutrition services under title ,,vi of such ,act3 ,provided further1 ,that ,state matching requirements under sections #cjd7;d77#a77;,d7 and #cji7;b77#b7 of such ,act shall not apply to funds made available under this heading4 #gcb4 ,nutrition services under ,older ,americans ,act 7a7 ,nutrition services transfer criteria ,with respect to funds appropriated under paragraph 7#a7 or 7#b7 of section #cjc7;b7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjbc7;b77 received by a ,state for fiscal year #bjba1 the ,secretary shall allow a ,state agency or an area agency on aging1 without prior approval1 to transfer not more than #ajj percent of the funds received1 notwithstanding the limitation on transfer authority provided in subparagraph 7,a7 of section #cjh7;b77#d7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjbh7;b77#d77 and without regard to subparagraph 7,b7 of such section1 by the ,state agency or area agency on aging1 respectively1 and attributable to funds appropriated under paragraph 7#a7 or 7#b7 of section #cjc7;b7 of such ,act1 between subpart #a and subpart #b of part ,c 7#db ,u4,s4,c4 #cjcj;d-#b et seq47 for such use as the ,state agency or area agency on aging1 respectively1 considers appropriate to meet the needs of the ,state or area served4 7b7 ,home-delivered nutrition services waiver ,for purposes of determining eligibility for the delivery of nutrition services under section #ccg of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcj;g71 with funds received by a ,state under the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #bjja et seq47 for fiscal #bjba1 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 illness4 7c7 ,dietary guidelines waiver ,to facilitate implementation of subparts #a and #b of part ,c of title ,,iii of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjcj;d-#b et seq471 with funds received by a ,state for fiscal year #bjba1 the ,assistant ,secretary for ,aging may waive1 but continue to make every effort practicable to encourage the restoration of1 the applicable requirements for meals provided under such subparts comply with the requirements of clauses 7i7 and 7ii7 of section #cci7b77;,a7 of such ,act 7#db ,u4,s4,c4 #cjcj;g-#ba7b77;,a774 ,b ,agriculture #a ,agricultural ,programs #gea4 ,office of the ,secretary ,there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 for an additional amount for the ,office of the ,secretary1 #aa1ahg1ejj1jjj1 to remain available until expended1 to prevent1 prepare for1 and respond to coronavirus by providing support for agricultural producers1 growers1 and processors impacted by coronavirus1 including producers and growers of specialty crops1 non-specialty crops1 dairy1 livestock1 and poultry1 producers that supply local food systems1 including farmers markets1 restaurants1 and schools1 and growers who produce livestock or poultry under a contract for another entity3 ,provided1 ,that from the amounts provided in this section1 the ,secretary of ,agriculture shall make supplemental payments to producers of price trigger crops for the #bjbj crop year under section #i4bjb of title #g1 ,code of ,federal ,regulations1 on eligible acres of the crop1 in an amount equal to #bj per eligible acre3 ,provided further1 ,that from the amounts provided in this section1 the ,secretary of ,agriculture shall make supplemental payments to producers of flat-rate crops for the #bjbj crop year under section #i4bjb of title #g1 ,code of ,federal ,regulations1 on eligible acres of the crop1 in an amount equal to #bj per eligible acre3 ,provided further1 ,that for the purposes of determining the amount of eligible sales under section #i4bjb7;i7 of title #g1 ,code of ,federal ,regulations1 the ,secretary of ,agriculture shall also include indemnities received under crop insurance under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq47 and payments made or calculated under the noninsured crop disaster assistance program established by section #aif of the ,federal ,agriculture ,improvement and ,reform ,act of #aiif 7#g ,u4,s4,c4 #gccc7 and the wildfire and hurricane indemnity plus program under subpart ,o of part #gfj of title #g1 ,code of ,federal ,regulations3 ,provided further1 ,that for the purposes of determining the amount of eligible sales under section #i4bjb7;i7 of title #g1 ,code of ,federal ,regulations1 the ,secretary of ,agriculture may allow producers to substitute #bjah sales for such commodities for #bjai sales3 ,provided further1 ,that from the amounts provided in this section1 the ,secretary of ,agriculture shall make payments to producers of livestock or poultry 7not including any packer 7as defined in section #bja of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aia77 or live poultry dealer 7as defined in section #b7;a7 of that ,act 7#g ,u4,s4,c4 #ahb7;a7777 for losses of livestock or poultry depopulated before the date of enactment of this ,act due to insufficient processing access1 based on #hj percent of the fair market value of any livestock or poultry so depopulated1 and for the cost of such depopulation 7other than costs for which the producer has been compensated under the environmental quality incentives program under subchapter ,a of chapter #d of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa et seq4773 ,provided further1 ,that in determining the cost of depopulation under the preceding proviso1 the ,secretary of ,agriculture may take into consideration whether a producer has been compensated for the costs of such depopulation by any ,state program3 ,provided further1 ,that from the amounts provided in this section1 the ,secretary of ,agriculture shall make payments to producers of cattle described in paragraphs 7#b71 7#c71 and 7#d7 of section #i4ajb7;i7 of title #g1 ,code of ,federal ,regulations1 in an amount equal to the product obtained by multiplying the number of such cattle in inventory during the time period specified in paragraph 7c77#b7 of that section by #ej percent of the payment rate calculated by subtracting the applicable ,,ccc payment rate specified in paragraph 7h7 of that section and the applicable payment rate specified in section #i4bjb7;c7 of that title from the applicable ,,cares ,act payment rate specified in section #i4ajb7;h7 of that title3 ,provided further1 ,that from the amounts provided in this section1 the ,secretary of ,agriculture shall make payments to producers of cattle described in paragraphs 7#a7 and 7#e7 of section #i4ajb7;i7 of title #g1 ,code of ,federal ,regulations1 in an amount equal to the product obtained by multiplying the number of such cattle in inventory during the time period specified in paragraph 7c77#b7 of that section by #be percent of the payment rate calculated by subtracting the applicable ,,ccc payment rate specified in paragraph 7h7 of that section and the applicable payment rate specified in section #i4bjb7;c7 of that title 7if applicable7 from the applicable ,,cares ,act payment rate specified in section #i4ajb7;h7 of that title3 ,provided further1 ,that from the amounts provided in this section1 the ,secretary of ,agriculture shall use not more than #a1jjj1jjj1jjj to make payments to contract growers of livestock and poultry to cover not more than #hj percent of revenue losses1 as determined by the ,secretary of ,agriculture1 for the period beginning on ,january #a1 #bjbj1 and ending on the date of enactment of this ,act3 ,provided further1 ,that from the amounts provided in this section1 the ,secretary of ,agriculture shall use not less than #bj1jjj1jjj to improve and maintain animal disease prevention and response capacity3 ,provided further1 ,that from the amounts provided in this section1 the ,secretary of ,agriculture shall make payments to domestic users of upland cotton and extra-long staple cotton for the period beginning on ,march #a1 #bjbj1 and ending on ,december #ca1 #bjbj1 in an amount equal to the product obtained by multiplying #aj by the product obtained by multiplying #f cents per pound by the average monthly consumption of the domestic user for the period beginning on ,january #a1 #bjag1 and ending on ,december #ca1 #bjai3 ,provided further1 ,that notwithstanding paragraph 7e7 of section #i4g of title #g1 ,code of ,federal ,regulations 7or any successor regulation71 and subject to the availability of funds1 taking into account the requirements of the other provisos in this section1 for purposes of providing assistance under subparts ,b and ,c of part #i of that title1 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 entity1 except that such assistance shall not exceed the calculated gross payment or #hj percent of the loss1 as determined by the ,secretary of ,agriculture1 of any entity or persons1 and that for the purposes of determining income derived from farming1 ranching1 and forestry under paragraph 7d7 of that section1 the ,secretary of ,agriculture shall broadly consider income derived from agricultural sales 7including gains71 agricultural services1 the sale of agricultural real estate1 and prior year net operating loss carryforward as such income3 ,provided further1 ,that from the amounts provided in this section1 the ,secretary of ,agriculture may provide support to processors for losses of crops due to insufficient processing access3 ,provided further1 ,that the ,secretary of ,agriculture may extend the term of a marketing assistance loan authorized by section #abja of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #ijca71 notwithstanding section #abjc7;b7 of that ,act 7#g ,u4,s4,c4 #ijcc7;b771 for any loan commodity to #ab months3 ,provided further1 ,that the authority provided by the previous proviso shall expire on ,september #cj1 #bjba3 ,provided further1 ,that from the amounts provided in this section1 the ,secretary of ,agriculture shall use not less than #a1ejj1jjj1jjj to purchase food and agricultural products1 including seafood1 to purchase and distribute agricultural products 7including fresh produce1 dairy1 and meat products7 to individuals in need1 including through delivery to nonprofit organizations that can receive1 store1 and distribute food items1 and for grants and loans to small or midsized food processors or distributors1 seafood processing facilities and processing vessels1 farmers markets1 producers1 or other organizations to respond to coronavirus1 including for measures to protect workers against the ,coronavirus ,disease #bjai 7,,covid-#ai73 ,provided further1 ,that not later than #cj days after the date of enactment of this ,act and prior to issuing solicitations for contracts under the previous proviso1 the ,secretary of ,agriculture shall conduct a preliminary review of actions necessary to improve ,,covid-#ai-related food purchasing1 including reviewing coordination1 specifications1 quality1 and fairness of purchases1 including the distribution of purchased commodities1 including the fairness of food distribution1 such as whether rural communities received adequate support1 the degree to which transportation costs were sufficient to reach all areas1 whether food safety was adequate in the distribution of food1 and the degree to which local purchases of food were made3 ,provided further1 ,that from the amounts provided in this section1 the ,secretary of ,agriculture may use not more than #bjj1jjj1jjj to provide relief to timber harvesting and timber hauling businesses that have1 as a result of the ,,covid-#ai pandemic1 experienced a loss of not less than #aj percent in gross revenue during the period beginning on ,january #a1 #bjbj1 and ending on ,december #a1 #bjbj1 as compared to the gross revenue of that timber harvesting or hauling business during the same period in #bjai3 ,provided further1 ,that in making direct support payments in this section1 the ,secretary of ,agriculture may take into account price differentiation factors for each commodity based on specialized varieties1 local markets1 and farm practices1 such as certified organic farms 7as defined in section #bajc of the ,organic ,foods ,production ,act of #aiij 7#g ,u4,s4,c4 #fejb773 ,provided further1 ,that using amounts provided in this section1 the ,secretary of ,agriculture may make payments to producers of advanced biofuel1 biomass-based diesel1 cellulosic biofuel1 conventional biofuel1 or renewable fuel 7as such terms are defined in section #baa7o77#a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a777 produced in the ,united ,states1 for unexpected market losses as a result of ,,covid-#ai3 ,provided further1 ,that the ,secretary of ,agriculture may make recourse loans available to dairy product processors1 packagers1 or merchandisers impacted by ,,covid-#ai3 ,provided further1 ,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 ,act4 #geb4 ,specialty crop block grants ,due to the impacts of ,,covid-#ai on specialty crops1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 for ,specialty ,crop ,block ,grants under section #aja of the ,specialty ,crops ,competitiveness ,act of #bjjd 7#g ,u4,s4,c4 #afba note2 ,public ,law #ajh-dfe71 #ajj1jjj1jjj1 to remain available until expended4 #gec4 ,local agriculture market program ,due to the impacts that ,,covid-#ai has had on many local agriculture markets1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 for the ,local ,agriculture ,market ,program established under section #baj;,a of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afbg;c71 #ajj1jjj1jjj1 to remain available until expended3 ,provided1 ,that notwithstanding any other provision of law1 the ,secretary of ,agriculture may reduce the amount of matching funds otherwise required under that section #baj;,a to an amount not greater than #aj 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 #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai 7or any renewal of that declaration73 ,provided further1 ,that such match may be an in-kind contribution4 #ged4 ,farming opportunities training and outreach program ,due to the impacts of ,,covid-#ai on certain producers1 there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 for the ,farming ,opportunities ,training and ,outreach ,program under section #beja of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi71 #ge1jjj1jjj1 to remain available until expended3 ,provided1 ,that notwithstanding any other provision of law1 the ,secretary of ,agriculture may reduce the amount of matching funds otherwise required under that section #beja to an amount not greater than #aj 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 #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai 7or any renewal of that declaration73 ,provided further1 ,that such match may be an in-kind contribution3 ,provided further1 ,that the ,secretary of ,agriculture may waive any maximum grant amount otherwise applicable to grants provided using such amounts4 #gee4 ,gus ,schumacher ,nutrition ,incentive ,program ,there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 for the ,gus ,schumacher ,nutrition ,incentive ,program under section #ddje of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #geag71 #ge1jjj1jjj1 to remain available until expended3 ,provided1 ,that notwithstanding any other provision of law1 the ,secretary of ,agriculture may reduce the amount of matching funds otherwise required under that section #ddje to an amount not greater than #aj 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 #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai 7or any renewal of that declaration73 ,provided further1 ,that such match may be an in-kind contribution3 ,provided further1 ,that the ,secretary of ,agriculture may waive any maximum grant amount otherwise applicable to grants provided under this section3 ,provided further1 ,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 ,act4 #gef4 ,research ,there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #bj1jjj1jjj for fiscal year #bjba and each fiscal year thereafter for the ,agricultural ,research ,service to address gaps in nutrition research at the critical intersections of responsive agriculture1 quality food production1 and human nutrition and health4 #b ,support for ,dairy1 ,livestock1 and ,farm ,stress #gfj4 ,definitions ,in this chapter3 7#a7 ,the term ,,covid-#ai means the disease caused by ,,sars-,co,v-#b1 or any viral strain mutating therefrom with pandemic potential4 7#b7 ,the term ,,covid-#ai public health emergency means the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai 7or any renewal of that declaration74 7#c7 ,the term ,secretary means the ,secretary of ,agriculture4 #gfa4 ,supplemental dairy margin coverage payments 7a7 ,in general ,the ,secretary shall provide supplemental dairy margin coverage payments to participating eligible dairy operations described in subsection 7b77#a7 whenever the average actual dairy production margin 7as defined in section #adja of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #ijea77 for a month is less than the coverage level threshold selected by such eligible dairy operation under section #adjf of that ,act 7#g ,u4,s4,c4 #ijef74 7b7 ,eligible dairy operation described 7#a7 ,in general ,an eligible dairy operation described in this subsection is a dairy operation that-- 7,a7 is located in the ,united ,states2 and 7,b7 during a calendar year in which such dairy operation is a participating dairy operation 7as defined in section #adja of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #ijea771 has a production history established under the dairy margin coverage program under section #adje of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #ijee7 of less than #e1jjj1jjj pounds1 as determined in accordance with subsection 7c7 of such section #adje4 7#b7 ,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 7as defined in section #adja of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #ijea774 7c7 ,supplemental production history calculation 7#a7 ,in general ,for purposes of determining the supplemental production history of an eligible dairy operation under this section1 such dairy operation's supplemental production history shall be equal to #ge percent of the amount described in paragraph 7#b7 with respect to such dairy operation4 7#b7 ,amount ,the amount referred to in paragraph 7#a7 is1 with respect to an eligible dairy operation1 the amount equal to-- 7,a7 the production volume of such dairy operation for the #bjai milk marketing year2 minus 7,b7 the dairy margin coverage production history of such dairy operation established under section #adje of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #ijee74 7d7 ,coverage percentage 7#a7 ,in general ,for purposes of calculating payments to be issued under this section during a calendar year1 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 #adjf of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #ijef74 7#b7 #e million pound limitation 7,a7 ,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 #e1jjj1jjj pounds4 7,b7 ,determination of amount ,in calculating the total covered production history of an eligible dairy operation under subparagraph 7,a71 the ,secretary shall multiply the coverage percentage selected by such operation under section #adjf of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #ijef7 by the sum of-- 7i7 the supplemental production history calculated under subsection 7c7 with respect to such dairy operation2 and 7ii7 the dairy margin coverage production history described in subsection 7c77#b77;,b7 with respect to such dairy operation4 7e7 ,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-- 7#a7 the ,tier ,i premium cost calculated with respect to such dairy operation for such year under section #adjg7;b7 of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #ijeg7;b772 by 7#b7 the supplemental production history with respect to such dairy operation calculated under subsection 7c7 7such that total covered production history does not exceed #e1jjj1jjj pounds74 7f7 ,regulations ,not later than #de days after the date of the enactment of this section1 the ,secretary shall issue regulations to carry out this section4 7g7 ,prohibition with respect to dairy margin coverage enrollment 7#a7 ,in general ,the ,secretary may not reopen or otherwise provide a special enrollment for dairy margin coverage 7as defined in section #adja of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #ijea77 for purposes of establishing eligibility for supplemental dairy margin coverage payments under this section4 7#b7 ,clarification with respect to supplemental dairy margin coverage payments ,the ,secretary may open a special enrollment for supplemental dairy margin coverage under this section4 7h7 ,application for calendar year #bjba ,the ,secretary shall make payments under this section to eligible dairy operations described in subsection 7b77#a7 for months after and including ,january1 #bjba4 7i7 ,sunset ,the authority to make payments under this section shall terminate on ,december #ca1 #bjbc4 7j7 ,funding ,there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 to carry out this section such sums as necessary1 to remain available until the date specified in subsection 7i74 #gfb4 ,dairy donation program 7a7 ,definitions ,in this section3 7#a7 ,eligible dairy organization ,the term eligible dairy organization has the meaning given the term in section #adca7;a7 of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #ijga7;a774 7#b7 ,eligible dairy product ,the term eligible dairy product means a product primarily made from milk1 including fluid milk1 that is produced and processed in the ,united ,states4 7#c7 ,eligible distributor ,the term eligible distributor means a public or private nonprofit organization that distributes donated eligible dairy products to recipient individuals and families4 7#d7 ,eligible partnership ,the term eligible partnership means a partnership between an eligible dairy organization and an eligible distributor4 7b7 ,establishment and purposes ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall establish and administer a dairy donation program for the purposes of-- 7#a7 facilitating the timely donation of eligible dairy products2 and 7#b7 preventing and minimizing food waste4 7c7 ,donation and distribution plans 7#a7 ,in general ,to be eligible to receive reimbursement under subsection 7d71 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 donation1 processing1 transportation1 temporary storage1 and distribution of eligible dairy products4 7#b7 ,review and approval 7,a7 ,in general ,not later than #ae business days after receiving a plan described in paragraph 7#a71 the ,secretary shall-- 7i7 review that plan2 and 7ii7 issue an approval or disapproval of that plan4 7,b7 ,emergency and disaster-related prioritization 7i7 ,in general ,in receiving and reviewing a donation and distribution plan submitted under paragraph 7#a71 the ,secretary shall determine whether an emergency or disaster was a substantial factor in the submission1 including-- 7,i7 a declared or renewed public health emergency under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d72 and 7,,ii7 a disaster designated by the ,secretary4 7ii7 ,priority review ,on making an affirmative determination under clause 7i7 with respect to a donation and distribution plan submitted under paragraph 7#a71 the ,secretary shall give priority to the approval or disapproval of that plan4 7d7 ,reimbursement 7#a7 ,in general ,on receipt of appropriate documentation under paragraph 7#c71 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 7c77#b77;,a77ii7 at a rate equal to the product obtained by multiplying-- 7,a7 the current reimbursement price described in paragraph 7#b72 and 7,b7 the volume of milk required to make the donated eligible dairy product4 7#b7 ,reimbursement price ,the ,secretary-- 7,a7 shall set the reimbursement price referred to in paragraph 7#a77;,a7 at a value that shall-- 7i7 be representative of the cost of the milk required to make the donated eligible dairy product2 7ii7 be between the lowest and highest of the class ,i1 ,,ii1 ,,iii1 or ,,iv milk prices on the date of the production of the eligible dairy product2 7iii7 be sufficient to avoid food waste2 and 7iv7 not interfere with the commercial marketing of milk or dairy products2 7,b7 may set appropriate reimbursement prices under subparagraph 7,a7 for different eligible dairy products by class and region for the purpose of-- 7i7 encouraging the donation of surplus eligible dairy products2 7ii7 facilitating the orderly marketing of milk2 7iii7 reducing volatility relating to significant market disruptions2 7iv7 maintaining traditional price relationships between classes of milk2 or 7v7 stabilizing on-farm milk prices4 7#c7 ,documentation 7,a7 ,in general ,an eligible dairy organization shall submit to the ,secretary such documentation as the ,secretary may require to demonstrate-- 7i7 the production of the eligible dairy product2 and 7ii7 the donation of the eligible dairy product to an eligible distributor4 7,b7 ,verification ,the ,secretary may verify the accuracy of documentation submitted under subparagraph 7,a74 7#d7 ,retroactive reimbursement ,in providing reimbursements under paragraph 7#a71 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 7c77#b77;,a77ii74 7#e7 ,emergency and disaster-related prioritization ,in providing reimbursements under paragraph 7#a71 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 7c77#b77;,b77i74 7e7 ,prohibition on resale of products 7#a7 ,in general ,an eligible distributor that receives eligible dairy products donated under this section may not sell the eligible dairy products into commercial markets4 7#b7 ,prohibition on future participation ,an eligible distributor that the ,secretary determines has violated paragraph 7#a7 shall not be eligible for any future participation in the program established under this section4 7f7 ,reviews ,the ,secretary shall conduct appropriate reviews or audits to ensure the integrity of the program established under this section4 7g7 ,publication of donation activity ,the ,secretary1 acting through the ,administrator of the ,agricultural ,marketing ,service1 shall publish on the publicly accessible website of the ,agricultural ,marketing ,service periodic reports describing donation activity under this section4 7h7 ,supplemental reimbursements 7#a7 ,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 #adca of the ,agricultural ,act of #bjad 7#g ,u4,s4,c4 #ijga7 during the period beginning on ,january #a1 #bjbj1 and ending on the date on which amounts made available under subsection 7i7 are no longer available4 7#b7 ,reimbursement calculation ,a supplemental reimbursement described in paragraph 7#a7 shall be an amount equal to-- 7,a7 the reimbursement calculated under subsection 7d72 minus 7,b7 the reimbursement under the milk donation program described in paragraph 7#a74 7i7 ,funding ,out of any amounts of the ,treasury not otherwise appropriated1 there is appropriated to the ,secretary to carry out this section #djj1jjj1jjj1 to remain available until expended4 #gfc4 ,establishment of trust for benefit of unpaid cash sellers of livestock ,the ,packers and ,stockyards ,act1 #aiba1 is amended by inserting after section #cag 7#g ,u4,s4,c4 #bag;a7 the following new section3 #cah4 ,statutory trust established2 dealer 7a7 ,establishment 7#a7 ,in general ,all livestock purchased by a dealer in cash sales and all inventories of1 or receivables or proceeds from1 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 sellers4 7#b7 ,exemption ,any dealer whose average annual purchases of livestock do not exceed #ajj1jjj shall be exempt from the provisions of this section4 7#c7 ,effect of dishonored instruments ,for purposes of determining full payment under paragraph 7#a71 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 dishonored4 7b7 ,preservation of trust ,an unpaid cash seller shall lose the benefit of a trust under subsection 7a7 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-- 7#a7 within #cj days of the final date for making a payment under section #dji in the event that a payment instrument has not been received2 or 7#b7 within #ae business days after the date on which the seller receives notice that the payment instrument promptly presented for payment has been dishonored4 7c7 ,notice to lien holders ,when a dealer receives notice under subsection 7b7 of the unpaid cash seller's intent to preserve the benefits of the trust1 the dealer shall1 within #ae business days1 give notice to all persons who have recorded a security interest in1 or lien on1 the livestock held in such trust4 7d7 ,cash ,sales ,defined ,for the purpose of this section1 a cash sale means a sale in which the seller does not expressly extend credit to the buyer4 7e7 ,purchase of livestock subject to trust 7#a7 ,in general ,a person purchasing livestock subject to a dealer trust shall receive good title to the livestock if the person receives the livestock-- 7,a7 in exchange for payment of new value2 and 7,b7 in good faith without notice that the transfer is a breach of trust4 7#b7 ,dishonored payment instrument ,payment shall not be considered to have been made if a payment instrument given in exchange for the livestock is dishonored4 7#c7 ,transfer in satisfaction of antecedent debt ,a transfer of livestock subject to a dealer trust is not for value if the transfer is in satisfaction of an antecedent debt or to a secured party pursuant to a security agreement4 7f7 ,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 sellers1 the ,secretary shall do one or more of the following-- 7#a7 appoint an independent trustee to carry out the duties required by this section1 preserve trust assets1 and enforce the trust2 7#b7 serve as independent trustee1 preserve trust assets1 and enforce the trust2 or 7#c7 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 section1 preserve trust assets1 and to enforce the trust4 ,attorneys employed by the ,secretary may1 with the approval of the ,attorney ,general1 represent the ,secretary in any such suit4 ,nothing herein shall preclude unpaid sellers from filing suit to preserve or enforce the trust4 4 #gfd4 ,grants for improvements to meat and poultry facilities to allow for interstate shipment 7a7 ,in general ,the ,secretary shall make grants to meat and poultry slaughter and processing facilities described in subsection 7b7 7including such facilities operating under ,state inspection or such facilities that are exempt from ,federal inspection7 to assist such facilities with respect to costs incurred in making improvements to such facilities and carrying out other planning activities necessary-- 7#a7 to obtain a ,federal grant of inspection under the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq47 or the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dea et seq471 as applicable2 or 7#b7 to operate as a ,state-inspected facility that is compliant with-- 7,a7 the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq47 under the cooperative interstate shipment program established under section #eja of that ,act 7#ba ,u4,s4,c4 #fhc72 or 7,b7 the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dea et seq47 under the cooperative interstate shipment program established under section #ca of that ,act 7#ba ,u4,s4,c4 #dgb74 7b7 ,eligible facilities ,to be eligible for a grant under this section1 a meat or poultry slaughter or processing facility shall be-- 7#a7 in operation as of the date on which the facility submits to the ,secretary an application for the grant2 and 7#b7 seeking-- 7,a7 to obtain a ,federal grant of inspection described in subsection 7a77#a72 or 7,b7 to be eligible for inspection under a cooperative interstate shipment program described in subparagraph 7,a7 or 7,b71 as applicable1 of subsection 7a77#b71 in a ,state that participates in that program4 7c7 ,eligible activities ,a facility that receives a grant under this section may use the grant amount for-- 7#a7 the modernization or expansion of existing facilities2 7#b7 the modernization of equipment2 7#c7 compliance with packaging and labeling requirements under applicable law2 7#d7 compliance with safety requirements under applicable law2 7#e7 the development of processes to ensure food safety2 and 7#f7 such other purposes as the ,secretary determines to be appropriate4 7d7 ,grant requirements 7#a7 ,amount ,the amount of a grant under this section shall not exceed #bjj1jjj4 7#b7 ,condition ,as a condition of receiving a grant under this section1 a grant recipient shall agree that the grant recipient shall make a payment 7or payments7 to the ,secretary in an amount equal to the amount of the grant if the recipient1 within #cf months of receiving such grant-- 7,a7 as applicable-- 7i7 is not subject to inspection under the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq47 or the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dea et seq471 as applicable2 or 7ii7 is not eligible for inspection under a cooperative interstate shipment program described in subparagraph 7,a7 or 7,b71 as applicable1 of subsection 7a77#b72 or 7,b7 is not making a good faith effort to be subject to such inspection or to be eligible under such a cooperative interstate shipment program1 as applicable4 7#c7 ,matching funds 7,a7 ,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 grant4 7,b7 ,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 #bjba4 7e7 ,reports 7#a7 ,reports on grants made ,beginning not later than #a year after the date on which the first grant is awarded under this section1 and continuing annually thereafter through the year that is #aj years after the date on which the final grant is awarded under this section1 the ,secretary shall submit to the ,committee on ,agriculture and the ,committee on ,appropriations of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry and the ,committee on ,appropriations of the ,senate a report on grants made under this section1 including-- 7,a7 any facilities that used a grant awarded under this section to carry out eligible activities described in subsection 7c7 during the year covered by the report2 and 7,b7 the operational status of facilities that were awarded grants under this section4 7#b7 ,report on the ,cooperative ,interstate ,shipment ,program ,beginning not later than #a year after the date of the enactment of this section1 the ,secretary shall submit to the ,committee on ,agriculture and the ,committee on ,appropriations of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry and the ,committee on ,appropriations of the ,senate a report describing any recommendations1 developed in consultation with all ,states1 for possible improvements to the cooperative interstate shipment programs under section #eja of the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fhc7 and section #ca of the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dgb74 7f7 ,funding ,of the funds of the ,treasury not otherwise appropriated1 there is appropriated to carry out this section #fj1jjj1jjj for the period of fiscal years #bjba through #bjbc1 to remain available until expended4 #gfe4 ,meat and poultry processing study and report 7a7 ,study and report on financial assistance availability 7#a7 ,study required ,the ,secretary shall conduct a study on the availability and effectiveness of-- 7,a7 ,federal loan programs1 ,federal loan guarantee programs1 and grant programs for which-- 7i7 facilities that slaughter or otherwise process meat and poultry in the ,united ,states1 which are in operation and subject to inspection under the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq47 or the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dea et seq471 as of the date of the enactment of this section1 and 7ii7 entities seeking to establish such a facility in the ,united ,states1 may be eligible2 and 7,b7 ,federal grant programs intended to support-- 7i7 business activities relating to increasing the slaughter or processing capacity in the ,united ,states2 and 7ii7 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 ,states4 7#b7 ,report to congress ,not later than #fj days after the date of the enactment of this section1 the ,secretary1 in consultation with applicable ,federal agencies1 shall submit a report to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate that includes the results of the study required under paragraph 7#a74 7#c7 ,publication ,not later than #ij days after the date of the enactment of this section1 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 program1 loan guarantee program1 and grant program identified under paragraph 7#a74 7b7 ,funding ,there is appropriated1 out of the funds of the ,treasury not otherwise appropriated1 #b1jjj1jjj to carry out this section4 #gff4 ,support for farm stress programs 7a7 ,in general ,the ,secretary shall make grants to ,state departments of agriculture 7or such equivalent department7 to expand or sustain stress assistance programs for individuals who are engaged in farming1 ranching1 and other agriculture-related occupations1 including-- 7#a7 programs that meet the criteria specified in section #gebb7;b77#a7 of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7#g ,u4,s4,c4 #eicf7;b77#a772 and 7#b7 any ,state initiatives carried out as of the date of the enactment of this ,act that provide stress assistance for such individuals4 7b7 ,grant timing and amount ,in making grants under subsection 7a71 not later than #fj days after the date of the enactment of this ,act and subject to subsection 7c71 the ,secretary shall-- 7#a7 make awards to ,states submitting ,state plans that meet the criteria specified in paragraph 7#a7 of such subsection within the time period specified by the ,secretary2 and 7#b7 of the amounts made available under subsection 7f71 allocate among such ,states1 an amount to be determined by the ,secretary1 which in no case may exceed #ejj1jjj for each ,state4 7c7 ,state plan 7#a7 ,in general ,a ,state department of agriculture seeking a grant under subsection 7a7 shall submit to the ,secretary a ,state plan to expand or sustain stress assistance programs described in that subsection that includes-- 7,a7 a description of each activity and the estimated amount of funding to support each program and activity carried out through such a program2 7,b7 an estimated timeline for the operation of each such program and activity2 7,c7 the total amount of funding sought2 and 7,d7 an assurance that the ,state department of agriculture will comply with the reporting requirement under subsection 7e74 7#b7 ,guidance ,not later than #bj days after the date of the enactment of this ,act1 the ,secretary shall issue guidance for ,states with respect to the submission of a ,state plan under paragraph 7#a7 and the allocation criteria under subsection 7b74 7#c7 ,reallocation ,if1 after the first grants are awarded pursuant to allocation under subsection 7b71 any funds made available under subsection 7f7 to carry out this subsection remain unobligated1 the ,secretary shall-- 7,a7 inform ,states that submit plans as described in subsection 7b71 of such availability2 and 7,b7 reallocate such funds among such ,states1 as the ,secretary determines to be appropriate and equitable4 7d7 ,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 7a7 that are operated by-- 7#a7 ,indian tribes 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd772 7#b7 ,state cooperative extension services2 and 7#c7 nongovernmental organizations4 7e7 ,reporting ,not later than #ahj days after the ,,covid-#ai public health emergency ends1 each ,state receiving additional grants under subsection 7b7 shall submit a report to the ,secretary describing-- 7#a7 the activities conducted using such funds2 7#b7 the amount of funds used to support each such activity2 and 7#c7 the estimated number of individuals served by each such activity4 7f7 ,funding ,out of the funds of the ,treasury not otherwise appropriated1 there is appropriated to carry out this section #bh1jjj1jjj1 to remain available until expended4 7g7 ,state defined ,in this section1 the term ,state means-- 7#a7 a ,state2 7#b7 the ,district of ,columbia2 7#c7 the ,commonwealth of ,puerto ,rico2 and 7#d7 any other territory or possession of the ,united ,states4 ,,viii ,united ,states ,postal ,service #hja4 ,,covid-#ai funding for the ,united ,states ,postal ,service ,section #fjja of the ,,cares ,act 7#ci ,u4,s4,c4 #aja note2 ,public ,law #aaf-acf7 is amended-- 7#a7 in the section heading1 by striking borrowing authority and inserting funding2 7#b7 by redesignating subsection 7c7 as subsection 7d72 and 7#c7 by inserting after subsection 7b7 the following3 7c7 ,no repayment required ,notwithstanding any other provision of law1 including subsection 7b7 of this section1 or any agreement entered into between the ,secretary of the ,treasury and the ,postal ,service under that subsection1 the ,postal ,service shall not be required to repay the amounts borrowed under that subsection4 4 #hjb4 ,temporary acceptance of certain low-risk postal shipments ,section #cdc7;a77#c77,k77vii7 of the ,trade ,act of #bjjb 7#ai ,u4,s4,c4 #adae7;a77#c77,k77vii77 is amended-- 7#a7 in subclause 7,i71 by striking subclause 7,,ii7 and inserting subclause 7,,ii7 or 7,,iii72 and 7#b7 by adding at the end the following3 7,,iii7 ,notwithstanding subclause 7,i71 during the period beginning on ,january #a1 #bjba1 through ,march #ae1 #bjba1 the ,postmaster ,general may accept a shipment without transmission of the information described in paragraphs 7#a7 and 7#b7 if the ,commissioner determines1 or concurs with the determination of the ,postmaster ,general1 that the shipment presents a low risk of violating any relevant ,united ,states statutes or regulations1 including statutes or regulations relating to the importation of controlled substances such as fentanyl and other synthetic opioids4 4 ,,ix ,broadband ,internet ,access ,service #ija4 ,amendments to the ,secure and ,trusted ,communications ,network ,reimbursement ,program ,the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afja et seq47 is amended-- 7#a7 in section #d 7#dg ,u4,s4,c4 #afjc7-- 7,a7 in subsection 7b77#a71 by striking #b1jjj1jjj and inserting #aj1jjj1jjj2 7,b7 in subsection 7c7-- 7i7 in paragraph 7#a77;,a7-- 7,i7 in the matter preceding clause 7i71 by striking before2 7,,ii7 by amending clause 7i7 to read as follows3 7i7 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 7,,fcc #ai-aba2 ,,wc ,docket ,no4 #ah-hi2 adopted ,november #bb1 #bjai7 7in this section referred to as the ,report and ,order72 or 2 and 7,,iii7 by amending clause 7ii7 to read as follows3 7ii7 as determined to be covered by both the process of the ,report and ,order and the ,designation ,orders of the ,commission on ,june #cj1 #bjbj 7,,da #bj-fij2 ,,ps ,docket ,no4 #ai-cea2 adopted ,june #cj1 #bjbj7 7,,da #bj-fia2 ,,ps ,docket ,no4 #ai-ceb2 adopted ,june #cj1 #bjbj7 7in this section collectively referred to as the ,designation ,orders72 2 and 7ii7 in paragraph 7#b77;,a71 by amending clauses 7i7 and 7ii7 to read as follows3 7i7 publication of the ,report and ,order2 or 7ii7 in the case of covered communications equipment that only became covered pursuant to the ,designation ,orders1 ,june #cj1 #bjbj2 or 2 7,c7 in subsection 7d77#e7-- 7i7 in subparagraph 7,a71 by striking ,the ,commission and inserting ,subject to subparagraph 7,c71 the ,commission2 and 7ii7 by adding at the end the following3 7,c7 ,priority for allocation ,on and after the date of enactment of this subparagraph1 the ,commission shall allocate sufficient reimbursement funds-- 7i7 first1 to approved applicants that have #b1jjj1jjj or fewer customers1 for removal and replacement of covered communications equipment1 as defined in section #i or as designated by the process set forth in the ,report and ,order2 7ii7 after funds have been allocated to all applicants described in clause 7i71 to approved applicants that are accredited public or private non-commercial educational institutions providing their own facilities-based educational broadband service1 as defined in section #bg4d of title #dg1 ,code of ,federal ,regulations1 or any successor regulation1 for removal and replacement of covered communications equipment1 as defined in section #i or as designated by the process set forth in the ,report and ,order2 and 7iii7 after funds have been allocated to all applicants described in clause 7ii71 to any remaining approved applicants determined to be eligible for reimbursement under the ,program4 2 and 7,d7 by adding at the end the following3 7k7 ,limitation ,in carrying out this section1 the ,commission may not expend more than #a1ijj1jjj1jjj4 2 and 7#b7 in section #i 7#dg ,u4,s4,c4 #afjh71 by amending paragraph 7#aj7 to read as follows3 7#aj7 ,provider of advanced communications service ,the term provider of advanced communications service-- 7,a7 means a person who provides advanced communications service to ,united ,states customers2 and 7,b7 includes-- 7i7 accredited public or private noncommercial educational institutions1 providing their own facilities-based educational broadband service1 as defined in section #bg4d of title #dg1 ,code of ,federal ,regulations1 or any successor regulation2 and 7ii7 health care providers and libraries providing advanced communications service4 4 #ijb4 ,connecting ,minority ,communities 7a7 ,definitions ,in this section3 7#a7 ,anchor community 7,a7 ,in general ,the term anchor community means any area that-- 7i7 except as provided in subparagraph 7,b71 is not more than #ae miles from a historically ,black college or university1 a ,tribal ,college or ,university1 or a ,minority-serving institution2 and 7ii7 has an estimated median annual household income of not more than #bej percent of the poverty line1 as that term is defined in section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b774 7,b7 ,certain ,tribal ,colleges or ,universities ,with respect to a ,tribal ,college or ,university that is located on land held in trust by the ,united ,states1 the ,assistant ,secretary1 in consultation with the ,secretary of the ,interior1 may establish a different maximum distance for the purposes of subparagraph 7,a77i7 if the ,assistant ,secretary is able to ensure that1 in establishing that different maximum distance1 each anchor community that is established as a result of that action is statistically comparable to other anchor communities described in subparagraph 7,a74 7#b7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#c7 ,broadband internet access service ,the term broadband internet access service has the meaning given the term in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#d7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#e7 ,connected device ,the term connected device means a laptop computer1 tablet computer1 or similar device that is capable of connecting to broadband internet access service4 7#f7 ,director ,the term ,director means the ,director of the ,office4 7#g7 ,eligible equipment ,the term eligible equipment means-- 7,a7 a ,wi-,fi hotspot2 7,b7 a modem2 7,c7 a router2 7,d7 a device that combines a modem and router2 7,e7 a connected device2 or 7,f7 any other equipment used to provide access to broadband internet access service4 7#h7 ,eligible recipient ,the term eligible recipient means-- 7,a7 a historically ,black college or university2 7,b7 a ,tribal ,college or ,university2 7,c7 a ,minority-serving institution2 or 7,d7 a consortium that is led by a historically ,black college or university1 a ,tribal ,college or ,university1 or a ,minority-serving institution and that also includes-- 7i7 a minority business enterprise2 or 7ii7 an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code4 7#i7 ,historically ,black college or university ,the term historically ,black college or university has the meaning given the term part ,b institution in section #cbb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfa74 7#aj7 ,minority-serving institution ,the term ,minority-serving institution means any of the following3 7,a7 ,an ,alaska ,native-serving institution1 as that term is defined in section #cag7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;d7b774 7,b7 ,a ,native ,hawaiian-serving institution1 as that term is defined in section #cag7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;d7b774 7,c7 ,a ,hispanic-serving institution1 as that term is defined in section #ejb7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aaja;a7a774 7,d7 ,a ,predominantly ,black institution1 as that term is defined in section #cga7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7c774 7,e7 ,an ,asian ,american and ,native ,american ,pacific ,islander-serving institution1 as that term is defined in section #cbj7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;g7b774 7,f7 ,a ,native ,american-serving1 nontribal institution1 as that term is defined in section #cai7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;f7b774 7#aa7 ,minority business enterprise ,the term minority business enterprise has the meaning given the term in section #adjj4b of title #ae1 ,code of ,federal ,regulations1 or any successor regulation4 7#ab7 ,office ,the term ,office means the ,office of ,minority ,broadband ,initiatives established pursuant to subsection 7b77#a74 7#ac7 ,pilot program ,the term ,pilot ,program means the ,connecting ,minority ,communities ,pilot ,program established under the rules promulgated by the ,assistant ,secretary under subsection 7c77#a74 7#ad7 ,tribal ,college or ,university ,the term ,tribal ,college or ,university has the meaning given the term in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b774 7#ae7 ,wi-,fi ,the term ,wi-,fi means a wireless networking protocol based on ,institute of ,electrical and ,electronics ,engineers standard #hjb4aa1 or any successor standard4 7#af7 ,wi-,fi hotspot ,the term ,wi-,fi hotspot means a device that is capable of-- 7,a7 receiving broadband internet access service2 and 7,b7 sharing broadband internet access service with another device through the use of ,wi-,fi4 7b7 ,office of ,minority ,broadband ,initiatives 7#a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,assistant ,secretary shall establish within the ,national ,telecommunications and ,information ,administration the ,office of ,minority ,broadband ,initiatives4 7#b7 ,director ,the ,office shall be headed by the ,director of the ,office of ,minority ,broadband ,initiatives1 who shall be appointed by the ,assistant ,secretary4 7#c7 ,duties ,the ,office1 acting through the ,director1 shall-- 7,a7 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 communities2 7,b7 collaborate with ,state1 local1 and ,tribal governments1 historically ,black colleges or universities1 ,tribal ,colleges or ,universities1 ,minority-serving institutions1 and stakeholders in the communications1 education1 business1 and technology fields to-- 7i7 promote-- 7,i7 initiatives relating to broadband internet access service connectivity for anchor communities2 and 7,,ii7 digital opportunities for anchor communities2 7ii7 develop recommendations to promote the rapid1 expanded deployment of broadband internet access service to unserved historically ,black colleges or universities1 ,tribal ,colleges or ,universities1 ,minority-serving institutions1 and anchor communities1 including to-- 7,i7 students1 faculty1 and staff of historically ,black colleges or universities1 ,tribal ,colleges or ,universities1 and ,minority-serving institutions2 and 7,,ii7 senior citizens and veterans who live in anchor communities2 7iii7 promote activities that would accelerate the adoption of broadband internet access service 7including any associated equipment or personnel necessary to access and use that service1 such as modems1 routers1 devices that combine a modem and a router1 ,wi-,fi hotspots1 and connected devices7-- 7,i7 by students1 faculty1 and staff of historically ,black colleges or universities1 ,tribal ,colleges or ,universities1 and ,minority-serving institutions2 and 7,,ii7 within anchor communities2 7iv7 upon request1 provide assistance to historically ,black colleges or universities1 ,tribal ,colleges or ,universities1 ,minority-serving institutions1 and leaders from anchor communities with respect to navigating ,federal programs dealing with broadband internet access service2 7v7 promote digital literacy skills1 including by providing opportunities for virtual or in-person digital literacy training and education2 7vi7 promote professional development opportunity partnerships between industry and historically ,black colleges or universities1 ,tribal ,colleges or ,universities1 and ,minority-serving institutions to help ensure that information technology personnel and students of historically ,black colleges or universities1 ,tribal ,colleges or ,universities1 and ,minority-serving institutions have the skills needed to work with new and emerging technologies with respect to broadband internet access service2 and 7vii7 explore how to leverage investment in infrastructure with respect to broadband internet access service to-- 7,i7 expand connectivity with respect to that service in anchor communities and by students1 faculty1 and staff of historically ,black colleges or universities1 ,tribal ,colleges or ,universities1 and ,minority-serving institutions2 7,,ii7 encourage investment in communities that have been designated as qualified opportunity zones under section #adjj,z-#a of the ,internal ,revenue ,code of #aihf2 and 7,,iii7 serve as a catalyst for adoption of that service1 so as to promote job growth and economic development and deployment of advanced technologies2 and 7,c7 assume any functions carried out under the ,minority ,broadband ,initiative of the ,national ,telecommunications and ,information ,administration1 as of the day before the date of enactment of this ,act4 7#d7 ,reports 7,a7 ,in general ,not later than #a year after the date on which the ,assistant ,secretary establishes the ,office under paragraph 7#a71 and annually thereafter1 the ,assistant ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that-- 7i7 for the year covered by the report1 details the work of the ,office in expanding access to fixed and mobile broadband internet access service-- 7,i7 at historically ,black colleges or universities1 ,tribal ,colleges or ,universities1 and ,minority-serving institutions1 including by expanding that access to students1 faculty1 and staff of historically ,black colleges or universities1 ,tribal ,colleges or ,universities1 and ,minority-serving institutions2 and 7,,ii7 within anchor communities2 and 7ii7 identifies barriers to providing access to broadband internet access service-- 7,i7 at historically ,black colleges or universities1 ,tribal ,colleges or ,universities1 and ,minority-serving institutions1 including to students1 faculty1 and staff of historically ,black colleges or universities1 ,tribal ,colleges or ,universities1 and ,minority-serving institutions2 and 7,,ii7 within anchor communities4 7,b7 ,public availability ,not later than #cj days after the date on which the ,assistant ,secretary submits a report under subparagraph 7,a71 the ,assistant ,secretary shall1 to the extent feasible1 make that report publicly available4 7c7 ,connecting ,minority ,communities ,pilot ,program 7#a7 ,rules required 7,a7 ,in general ,not later than #de days after the date of enactment of this ,act1 the ,assistant ,secretary shall promulgate rules establishing the ,connecting ,minority ,communities ,pilot ,program1 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 equipment1 or to hire and train information technology personnel-- 7i7 in the case of an eligible recipient described in subparagraph 7,a71 7,b71 or 7,c7 of subsection 7a77#h71 to facilitate educational instruction and learning1 including through remote instruction2 7ii7 in the case of an eligible recipient described in subsection 7a77#h77;,d77i71 to operate the minority business enterprise2 or 7iii7 in the case of an eligible recipient described in subsection 7a77#h77;,d77ii71 to operate the organization4 7,b7 ,content ,the rules promulgated under subparagraph 7,a7 shall-- 7i7 establish a method for identifying which eligible recipients in anchor communities have the greatest unmet financial needs2 7ii7 ensure that grants under the ,pilot ,program are made-- 7,i7 to eligible recipients identified under the method established under clause 7i72 and 7,,ii7 in a manner that best achieves the purposes of the ,pilot ,program2 7iii7 require that an eligible recipient described in subparagraph 7,a71 7,b71 or 7,c7 of subsection 7a77#h7 that receives a grant to provide broadband internet access service or eligible equipment to students prioritizes students who-- 7,i7 are eligible to receive a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a72 7,,ii7 are recipients of any other need-based financial aid from the ,federal ,government1 a ,state1 or that eligible recipient2 7,,iii7 are qualifying low-income consumers for the purposes of the program carried out under subpart ,e of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor regulations2 7,,iv7 are low-income individuals1 as that term is defined in section #cab7;g7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajeh7;g772 or 7,v7 have been approved to receive unemployment insurance benefits under any ,federal or ,state law since ,march #a1 #bjbj2 7iv7 provide that a recipient of a grant under the ,pilot ,program-- 7,i7 shall use eligible equipment for a purpose that the recipient considers to be appropriate1 subject to any restriction provided in those rules 7or any successor rules72 7,,ii7 if the recipient lends1 or otherwise provides1 eligible equipment to students or patrons1 shall prioritize lending or providing to such individuals that the recipient believes do not have access to that equipment1 subject to any restriction provided in those rules 7or any successor rules72 and 7,,iii7 may not sell or otherwise transfer eligible equipment in exchange for any thing 7including a service7 of value2 7v7 include audit requirements that-- 7,i7 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 ,program2 and 7,,ii7 prevent waste1 fraud1 and abuse in the operation of the ,pilot ,program2 7vi7 provide that not less than #dj percent of the amount of the grants made under the ,pilot ,program are made to ,historically ,black colleges or universities2 and 7vii7 provide that not less than #bj percent of the amount of the grants made under the ,pilot ,program are made to eligible recipients described in subparagraphs 7,a71 7,b71 and 7,c7 of subsection 7a77#h7 to provide broadband internet access service or eligible equipment to students of those eligible recipients4 7#b7 ,fund 7,a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,connecting ,minority ,communities ,fund4 7,b7 ,use of fund ,amounts in the ,connecting ,minority ,communities ,fund established under subparagraph 7,a7 shall be available to the ,assistant ,secretary to provide support under the rules promulgated under paragraph 7#a74 7#c7 ,interagency coordination ,when making grants under the ,pilot ,program1 the ,assistant ,secretary shall coordinate with other ,federal agencies1 including the ,commission1 the ,national ,science ,foundation1 and the ,department of ,education1 to ensure the efficient expenditure of ,federal funds1 including by preventing multiple expenditures of ,federal funds for the same purpose4 7#d7 ,audits 7,a7 ,in general ,for each of fiscal years #bjba and #bjbb1 the ,inspector ,general of the ,department of ,commerce shall conduct an audit of the ,pilot ,program according to the requirements established under paragraph 7#a77;,b77v74 7,b7 ,report ,after completing each audit conducted under subparagraph 7,a71 the ,inspector ,general of the ,department of ,commerce shall submit to the ,committee on ,commerce1 ,science1 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 audit4 7#e7 ,direct appropriation ,there is appropriated1 out of amounts in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjba1 to remain available until expended1 #bhe1jjj1jjj to the ,connecting ,minority ,communities ,fund established under paragraph 7#b74 7#f7 ,termination ,except with respect to the report required under paragraph 7#g7 and the authority of the ,secretary of ,commerce and the ,inspector ,general of the ,department of ,commerce described in paragraph 7#h71 the ,pilot ,program1 including all reporting requirements under this section1 shall terminate on the date on which the amounts made available to carry out the ,pilot ,program are fully expended4 7#g7 ,report ,not later than #ij days after the date on which the ,pilot ,program terminates under paragraph 7#f71 the ,assistant ,secretary1 after consulting with eligible recipients that received grants under the ,pilot ,program1 shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that-- 7,a7 describes the manner in which the ,pilot ,program was carried out2 7,b7 identifies each eligible recipient that received a grant under the ,pilot ,program2 and 7,c7 contains information regarding the effectiveness of the ,pilot ,program1 including lessons learned in carrying out the ,pilot ,program and recommendations for future action4 7#h7 ,savings provision ,the termination of the ,pilot ,program under paragraph 7#f7 shall not limit1 alter1 or affect the ability of the ,secretary of ,commerce or the ,inspector ,general of the ,department of ,commerce to-- 7,a7 investigate waste1 fraud1 and abuse with respect to the ,pilot ,program2 or 7,b7 recover funds that are misused under the ,pilot ,program4 #ijc4 ,,fcc ,,covid-#ai ,telehealth ,program 7a7 ,definitions ,in this section-- 7#a7 the term appropriate congressional committees means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,b7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7#b7 the term ,commission means the ,federal ,communications ,commission2 and 7#c7 the term ,,covid-#ai ,telehealth ,program or ,program means the ,,covid-#ai ,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 7,public ,law #aaf-acf2 #acd ,stat4 #eca74 7b7 ,additional appropriation ,out of amounts in the ,treasury not otherwise appropriated1 there is appropriated #bdi1iej1jjj in additional funds for the ,,covid-#ai ,telehealth ,program1 of which #ej1jjj shall be transferred by the ,commission to the ,inspector ,general of the ,commission for oversight of the ,,covid-#ai ,telehealth ,program4 7c7 ,administrative provisions 7#a7 ,evaluation of ,applications 7,a7 ,public notice ,not later than #aj days after the date of enactment of this ,act1 the ,commission shall issue a ,public ,notice establishing a #aj-;day period during which the ,commission will seek comments on-- 7i7 the metrics the ,commission should use to evaluate applications for funding under this section2 and 7ii7 how the ,commission should treat applications filed during the funding rounds for awards from the ,,covid-#ai ,telehealth ,program using amounts appropriated under the ,,cares ,act 7,public ,law #aaf-cf2 #acd ,stat4 #bha74 7,b7 ,congressional notice ,after the end of the comment period under subparagraph 7,a71 and not later than #ae days before the ,commission first commits funds under this section1 the ,commission shall provide notice to the appropriate congressional committees of the metrics the ,commission plans to use to evaluate applications for those funds4 7#b7 ,equitable distribution ,to the extent feasible1 the ,commission shall ensure1 in providing assistance under the ,,covid-#ai ,telehealth ,program from amounts made available under subsection 7b71 that not less than #a applicant in each of the #ej ,states and the ,district of ,columbia has received funding from the ,program since the inception of the ,program1 unless there is no such applicant eligible for such assistance in a ,state or in the ,district of ,columbia1 as the case may be4 7#c7 ,previous applicants ,the ,commission shall allow an applicant who filed an application during the funding rounds for awards from the ,,covid-#ai ,telehealth ,program using amounts appropriated under the ,,cares ,act 7,public ,law #aaf-cf2 #acd ,stat4 #bha7 the opportunity to update or amend that application as necessary4 7#d7 ,information ,to the extent feasible1 the ,commission shall provide each applicant for funding from the ,,covid-#ai ,telehealth ,program1 if requested1 with-- 7,a7 information on the status of the application2 and 7,b7 a rationale for the final funding decision for the application1 after making that decision4 7#e7 ,denial ,if the ,commission chooses to deny an application for funding from the ,,covid-#ai ,telehealth ,program1 the ,commission shall-- 7,a7 issue notice to the applicant of the intent of the ,commission to deny the application and the grounds for that decision2 7,b7 provide the applicant with #aj days to submit any supplementary information that the applicant determines relevant2 and 7,c7 consider any supplementary information submitted under subparagraph 7,b7 in making any final decision with respect to the application4 7d7 ,report to ,congress ,not later than #ij days after the date of enactment of this ,act1 and every #cj days thereafter until all funds made available under this section have been expended1 the ,commission shall submit to the appropriate congressional committees a report on the distribution of funds appropriated for the ,,covid-#ai ,telehealth ,program under the ,,cares ,act 7,public ,law #aaf-cf2 #acd ,stat4 #bha7 or under this section1 which shall include-- 7#a7 non-identifiable and aggregated data on deficient and rejected applications2 7#b7 non-identifiable and aggregated data on applications for which no award determination was made2 7#c7 information on the total number of applicants2 7#d7 information on the total dollar amount of requests for awards made under this section2 and 7#e7 information on applicant outreach and technical assistance4 7e7 ,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 #ce of title #dd1 ,united ,states ,code 7commonly referred to as the ,paperwork ,reduction ,act74 #ijd4 ,benefit for broadband service during emergency period relating to ,,covid-#ai 7a7 ,definitions ,in this section3 7#a7 ,broadband internet access service ,the term broadband internet access service has the meaning given such term in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#b7 ,broadband provider ,the term broadband provider means a provider of broadband internet access service4 7#c7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#d7 ,connected device ,the term connected device means a laptop or desktop computer or a tablet4 7#e7 ,designated as an eligible telecommunications carrier ,the term designated as an eligible telecommunications carrier1 with respect to a broadband provider1 means the broadband provider is designated as an eligible telecommunications carrier under section #bad7;e7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bad7;e774 7#f7 ,eligible household ,the term eligible household means1 regardless of whether the household or any member of the household receives support under subpart ,e of part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 and regardless of whether any member of the household has any past or present arrearages with a broadband provider1 a household in which-- 7,a7 at least one member of the household meets the qualifications in subsection 7a7 or 7b7 of section #ed4dji of title #dg1 ,code of ,federal ,regulations 7or any successor regulation72 7,b7 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 ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 or the school breakfast program under section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc72 7,c7 at least one member of the household has experienced a substantial loss of income since ,february #bi1 #bjbj1 that is documented by layoff or furlough notice1 application for unemployment insurance benefits1 or similar documentation or that is otherwise verifiable through the ,national ,verifier or ,national ,lifeline ,accountability ,database2 7,d7 at least one member of the household has received a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7 in the current award year1 if such award is verifiable through the ,national ,verifier or ,national ,lifeline ,accountability ,database or the participating provider verifies eligibility under subsection 7a77#b77;,b72 or 7,e7 at least one member of the household meets the eligibility criteria for a participating provider's existing low-income or ,,covid-#ai program1 subject to the requirements of subsection 7a77#b77;,b7 and any other eligibility requirements the ,commission may consider necessary for the public interest4 7#g7 ,emergency broadband benefit ,the term emergency broadband benefit means a monthly discount for an eligible household applied to the actual amount charged to such household1 which shall be no more than the standard rate for an internet service offering and associated equipment1 in an amount equal to such amount charged1 but not more than #ej1 or1 if an internet service offering is provided to an eligible household on ,tribal land1 not more than #ge4 7#h7 ,emergency period ,the term emergency period means the period that-- 7,a7 begins on the date of the enactment of this ,act2 and 7,b7 ends on the date that is #f months after the date on which the determination by the ,secretary of ,health and ,human ,services pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 that a public health emergency exists as a result of ,,covid-#ai1 including any renewal thereof1 terminates4 7#i7 ,internet service offering ,the term internet service offering means1 with respect to a broadband provider1 broadband internet access service provided by such provider to a household1 offered in the same manner1 and on the same terms1 as described in any of such provider's offerings for broadband internet access service to such household1 as on ,december #a1 #bjbj4 7#aj7 ,national lifeline accountability database ,the term ,national ,lifeline ,accountability ,database has the meaning given such term in section #ed4djj of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7#aa7 ,national verifier ,the term ,national ,verifier has the meaning given such term in section #ed4djj of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#ab7 ,participating provider ,the term participating provider means a broadband provider that-- 7,a7 7i7 is designated as an eligible telecommunications carrier2 or 7ii7 meets requirements established by the ,commission for participation in the ,emergency ,broadband ,benefit ,program and is approved by the ,commission under subsection 7d77#b72 and 7,b7 elects to participate in the ,emergency ,broadband ,benefit ,program4 7#ac7 ,standard rate ,the term standard rate means the monthly retail rate for the applicable tier of broadband internet access service as of ,december #a1 #bjbj1 excluding any taxes or other governmental fees4 7b7 ,emergency ,broadband ,benefit ,program 7#a7 ,establishment ,the ,commission shall establish a program1 to be known as the ,emergency ,broadband ,benefit ,program1 under which the ,commission shall1 in accordance with this section1 reimburse1 using funds from the ,emergency ,broadband ,connectivity ,fund established in subsection 7i71 a participating provider for an emergency broadband benefit1 or an emergency broadband benefit and a connected device1 provided to an eligible household during the emergency period4 7#b7 ,verification of eligibility ,to verify whether a household is an eligible household1 a participating provider shall-- 7,a7 use the ,national ,verifier or ,national ,lifeline ,accountability ,database2 7,b7 rely upon an alternative verification process of the participating provider1 if-- 7i7 the participating provider submits information as required by the ,commission regarding the alternative verification process prior to seeking reimbursement2 and 7ii7 not later than #g days after receiving the information required under clause 7i71 the ,commission-- 7,i7 determines that the alternative verification process will be sufficient to avoid waste1 fraud1 and abuse2 and 7,,ii7 notifies the participating provider of the determination under subclause 7,i72 or 7,c7 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 7a77#f77;,b74 7#c7 ,use of national verifier and national lifeline accountability database ,the ,commission shall-- 7,a7 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 household1 without regard to whether a participating provider is designated as an eligible telecommunications carrier2 and 7,b7 ensure that the ,national ,verifier and ,national ,lifeline ,accountability ,database approve an eligible household to receive the emergency broadband benefit not later than #b days after the date of the submission of information necessary to determine if such household is an eligible household4 7#d7 ,reimbursement ,from the ,emergency ,broadband ,connectivity ,fund established in subsection 7i71 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 period4 7#e7 ,reimbursement for connected device ,a participating provider that1 during the emergency period1 in addition to providing the emergency broadband benefit to an eligible household1 supplies such household with a connected device may be reimbursed up to #ajj from the ,emergency ,broadband ,connectivity ,fund established in subsection 7i7 for such connected device1 if the charge to such eligible household is more than #aj but less than #ej for such connected device1 except that a participating provider may receive reimbursement for no more than #a connected device per eligible household4 7#f7 ,certification required ,to receive a reimbursement under paragraph 7#d7 or 7#e71 a participating provider shall certify to the ,commission the following3 7,a7 ,that the amount for which the participating provider is seeking reimbursement from the ,emergency ,broadband ,connectivity ,fund established in subsection 7i7 for providing an internet service offering to an eligible household is not more than the standard rate4 7,b7 ,that each eligible household for which the participating provider is seeking reimbursement for providing an internet service offering discounted by the emergency broadband benefit-- 7i7 has not been and will not be charged-- 7,i7 for such offering1 if the standard rate for such offering is less than or equal to the amount of the emergency broadband benefit for such household2 or 7,,ii7 more for such offering than the difference between the standard rate for such offering and the amount of the emergency broadband benefit for such household2 7ii7 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 contract2 7iii7 was not1 after the date of the enactment of this ,act1 subject to a mandatory waiting period for such internet service offering based on having previously received broadband internet access service from such participating provider2 and 7iv7 will otherwise be subject to the participating provider's generally applicable terms and conditions as applied to other customers4 7,c7 ,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 #aj or less or #ej or more for such device4 7,d7 ,a description of the process used by the participating provider to verify that a household is an eligible household1 if the provider elects an alternative verification process under paragraph 7#b77;,b71 and that such verification process was designed to avoid waste1 fraud1 and abuse4 7#g7 ,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 waste1 fraud1 and abuse in the ,emergency ,broadband ,benefit ,program4 ,a finding of waste1 fraud1 or abuse or an improper payment 7as such term is defined in section #b7;d7 of the ,improper ,payments ,information ,act of #bjjb 7#ca ,u4,s4,c4 #ccba note77 identified by the ,commission or the ,inspector ,general of the ,commission shall include the following3 7,a7 ,the name of the participating provider4 7,b7 ,the amount of funding made available from the ,emergency ,broadband ,connectivity ,fund to the participating provider4 7,c7 ,the amount of funding determined to be an improper payment to a participating provider4 7,d7 ,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 offering4 7,e7 ,whether1 in the case of a connected device1 such device1 or the value thereof1 has been recovered4 7,f7 ,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 household4 7,g7 ,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 7a77#f7 were deceased4 7#h7 ,random audit required ,not later than #a year after the date of the enactment of this ,act1 the ,inspector ,general of the ,commission shall conduct an audit of a representative sample of participating providers receiving reimbursements under the ,emergency ,broadband ,benefit ,program4 7#i7 ,notification of audit findings ,not later than #g days after a finding made by the ,commission under the requirements of paragraph 7#g71 the ,commission shall notify the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate with any information described in such paragraph that the ,commission has obtained4 7#aj7 ,expiration of program ,at the conclusion of the ,emergency ,broadband ,benefit ,program1 any participating eligible households shall be subject to a participating provider's generally applicable terms and conditions4 7c7 ,regulations required 7#a7 ,in general ,not later than #fj days after the date of the enactment of this ,act1 the ,commission shall promulgate regulations to implement this section4 7#b7 ,comment periods ,as part of the rulemaking under paragraph 7#a71 the ,commission shall-- 7,a7 provide a #bj-;day public comment period that begins not later than #e days after the date of the enactment of this ,act2 7,b7 provide a #bj-;day public reply comment period that immediately follows the period under subparagraph 7,a72 and 7,c7 during the comment periods under subparagraphs 7,a7 and 7,b71 seek comment on-- 7i7 the provision of assistance from the ,emergency ,broadband ,connectivity ,fund established in subsection 7i7 consistent with this section2 and 7ii7 other related matters4 7d7 ,eligibility of providers 7#a7 ,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 provider4 7#b7 ,expedited approval process 7,a7 ,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 ,program4 7,b7 ,exception ,notwithstanding subparagraph 7,a71 the ,commission shall automatically approve as a participating provider a broadband provider that has an established program as of ,april #a1 #bjbj1 that is widely available and offers internet service offerings to eligible households and maintains verification processes that are sufficient to avoid fraud1 waste1 and abuse4 7e7 ,rule of construction ,nothing in this section shall affect the collection1 distribution1 or administration of the ,lifeline ,assistance ,program governed by the rules set forth in subpart ,e of part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7f7 ,part #ed regulations ,nothing in this section shall be construed to prevent the ,commission from providing that the regulations in part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor regulation1 shall apply in whole or in part to the ,emergency ,broadband ,benefit ,program1 shall not apply in whole or in part to such ,program1 or shall be modified in whole or in part for purposes of application to such ,program4 7g7 ,enforcement ,a violation of this section or a regulation promulgated under this section shall be treated as a violation of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 or a regulation promulgated under such ,act4 ,the ,commission shall enforce this section and the regulations promulgated under this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,communications ,act of #aicd were incorporated into and made a part of this section4 7h7 ,exemptions 7#a7 ,certain rulemaking requirements ,section #eec of title #e1 ,united ,states ,code1 shall not apply to a regulation promulgated under subsection 7c7 or a rulemaking proceeding to promulgate such a regulation4 7#b7 ,paperwork reduction act requirements ,a collection of information conducted or sponsored under the regulations required by subsection 7c7 shall not constitute a collection of information for the purposes of subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code 7commonly referred to as the ,paperwork ,reduction ,act74 7i7 ,emergency broadband connectivity fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,emergency ,broadband ,connectivity ,fund4 7#b7 ,appropriation ,there is appropriated to the ,emergency ,broadband ,connectivity ,fund1 out of any money in the ,treasury not otherwise appropriated1 #c1bjj1jjj1jjj for fiscal year #bjba1 to remain available until expended4 7#c7 ,use of funds ,amounts in the ,emergency ,broadband ,connectivity ,fund shall be available to the ,commission for reimbursements to participating providers under this section1 and the ,commission may use not more than #b percent of such amounts to administer the ,emergency ,broadband ,benefit ,program4 7#d7 ,relationship to universal service contributions ,reimbursements provided under this section shall be provided from amounts made available under this subsection and not from contributions under section #bed7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;d774 7#e7 ,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 ,program1 including developing and processing reimbursements and distributing funds to participating providers4 7j7 ,safe harbor ,the ,commission may not enforce a violation of this section under section #eja1 #ejb1 or #ejc of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #eja2 #ejb2 #ejc71 or any rules of the ,commission promulgated under such sections of such ,act1 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 7b77#b74 #ije4 ,grants for broadband connectivity 7a7 ,definitions ,in this section3 7#a7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#b7 ,broadband or broadband service ,the term broadband or broadband service has the meaning given the term broadband internet access service in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#c7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#d7 ,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 area4 7#e7 ,covered partnership ,the term covered partnership means a partnership between-- 7,a7 a ,state1 or #a or more political subdivisions of a ,state2 and 7,b7 a provider of fixed broadband service4 7#f7 ,department ,the term ,department means the ,department of ,commerce4 7#g7 ,eligible service area ,the term eligible service area means a census block in which broadband service is not available at #a or more households or businesses in the census block1 as determined by the ,assistant ,secretary on the basis of-- 7,a7 the maps created under section #hjb7;c77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fdb7;c77#a772 or 7,b7 if the maps described in subparagraph 7,a7 are not available1 the most recent information available to the ,assistant ,secretary1 including information provided by the ,commission4 7#h7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,tribal ,government2 7,b7 a ,tribal ,college or ,university2 7,c7 the ,department of ,hawaiian ,home ,lands on behalf of the ,native ,hawaiian ,community1 including ,native ,hawaiian ,education ,programs2 7,d7 a ,tribal organization2 or 7,e7 a ,native ,corporation4 7#i7 ,native ,corporation ,the term ,native ,corporation has the meaning given the term in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb74 7#aj7 ,native ,hawaiian ,the term ,native ,hawaiian has the meaning given the term in section #hja of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dbba74 7#aa7 ,qualifying broadband service ,the term qualifying broadband service means broadband service with-- 7,a7 a download speed of not less than #be megabits per second2 7,b7 an upload speed of not less than #c megabits per second2 and 7,c7 a latency sufficient to support real-time1 interactive applications4 7#ab7 ,tribal ,government ,the term ,tribal ,government means the governing body of any ,indian or ,alaska ,native ,tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually recognized 7including parenthetically7 in the list published most recently as of the date of enactment of this ,act pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7#ac7 ,tribal land ,the term ,tribal land means-- 7,a7 any land located within the boundaries of-- 7i7 an ,indian reservation1 pueblo1 or rancheria2 or 7ii7 a former reservation within ,oklahoma2 7,b7 any land not located within the boundaries of an ,indian reservation1 pueblo1 or rancheria1 the title to which is held-- 7i7 in trust by the ,united ,states for the benefit of an ,indian ,tribe or an individual ,indian2 7ii7 by an ,indian ,tribe or an individual ,indian1 subject to restriction against alienation under laws of the ,united ,states2 or 7iii7 by a dependent ,indian community2 7,c7 any land located within a region established pursuant to section #g7;a7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjf7;a772 7,d7 ,hawaiian ,home ,lands1 as defined in section #hja of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dbba72 or 7,e7 those areas or communities designated by the ,assistant ,secretary of ,indian ,affairs of the ,department of the ,interior that are near1 adjacent1 or contiguous to reservations where financial assistance and social service programs are provided to ,indians because of their status as ,indians4 7#ad7 ,unserved ,the term unserved1 with respect to a household1 means-- 7,a7 the household lacks access to qualifying broadband service2 and 7,b7 no broadband provider has been selected to receive1 or is otherwise receiving1 ,federal or ,state funding subject to enforceable build out commitments to deploy qualifying broadband service in the specific area where the household is located by dates certain1 even if such service is not yet available1 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 program4 7b7 ,direct appropriation ,there is appropriated to the ,assistant ,secretary1 out of amounts in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjba1 to remain available until expended-- 7#a7 #a1jjj1jjj1jjj for grants under subsection 7c72 and 7#b7 #cjj1jjj1jjj for grants under subsection 7d74 7c7 ,tribal broadband connectivity program 7#a7 ,tribal broadband connectivity grants ,the ,assistant ,secretary shall use the funds made available under subsection 7b77#a7 to implement a program to make grants to eligible entities to expand access to and adoption of-- 7,a7 broadband service on ,tribal land2 or 7,b7 remote learning1 telework1 or telehealth resources during the ,,covid-#ai pandemic4 7#b7 ,grants ,from the amounts appropriated under subsection 7b77#a71 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 funding4 7#c7 ,allocations 7,a7 ,equitable distribution ,the amounts appropriated under subsection 7b77#a7 shall be made available to eligible entities on an equitable basis1 and not less than #c percent of those amounts shall be made available for the benefit of ,native ,hawaiians4 7,b7 ,administrative expenses of ,assistant ,secretary ,the ,assistant ,secretary may use not more than #b percent of amounts appropriated under subsection 7b77#a7 for administrative purposes1 including the provision of technical assistance to ,tribal ,governments to help those ,governments take advantage of the program established under this subsection4 7#d7 ,use of grant funds 7,a7 ,commitment deadline 7i7 ,in general ,not later than #ahj days after receiving grant funds under this subsection1 an eligible entity shall commit the funds in accordance with the approved application of the entity4 7ii7 ,reversion of funds ,any grant funds not committed by an eligible entity by the deadline under clause 7i7 shall revert to the general fund of the ,treasury4 7,b7 ,expenditure deadline 7i7 ,in general ,not later than #a year after receiving grant funds under this subsection1 an eligible entity shall expend the grant funds4 7ii7 ,extensions for infrastructure projects ,the ,assistant ,secretary may extend the period under clause 7i7 for an eligible entity that proposes to use the grant funds for construction of broadband infrastructure if the eligible entity certifies that-- 7,i7 the eligible entity has a plan for use of the grant funds2 7,,ii7 the construction project is underway2 or 7,,iii7 extenuating circumstances require an extension of time to allow the project to be completed4 7iii7 ,reversion of funds ,any grant funds not expended by an eligible entity by the deadline under clause 7i7 shall be made available to other eligible entities for the purposes provided in this subsection4 7#e7 ,eligible uses ,an eligible entity may use grant funds made available under this subsection for-- 7,a7 broadband infrastructure deployment1 including support for the establishment of carrier-neutral submarine cable landing stations2 7,b7 affordable broadband programs1 including-- 7i7 providing free or reduced-cost broadband service2 and 7ii7 preventing disconnection of existing broadband service2 7,c7 distance learning2 7,d7 telehealth2 7,e7 digital inclusion efforts2 and 7,f7 broadband adoption activities4 7#f7 ,administrative expenses of eligible entities ,an eligible entity may use not more than #b percent of grant funds received under this subsection for administrative purposes4 7#g7 ,subgrantees 7,a7 ,in general ,an eligible entity may enter into a contract with a subgrantee1 including a non-,tribal entity1 as part of its use of grant funds pursuant to this subsection4 7,b7 ,requirements ,an eligible entity that enters into a contract with a subgrantee for use of grant funds received under this subsection shall-- 7i7 before entering into the contract1 after a reasonable investigation1 make a determination that the subgrantee-- 7,i7 is capable of carrying out the project for which grant funds will be provided in a competent manner in compliance with all applicable laws2 7,,ii7 has the financial capacity to meet the obligations of the project and the requirements of this subsection2 and 7,,iii7 has the technical and operational capability to carry out the project2 and 7ii7 stipulate in the contract reasonable provisions for recovery of funds for nonperformance4 7#h7 ,broadband infrastructure deployment ,in using grant funds received under this subsection for new construction of broadband infrastructure1 an eligible entity shall prioritize projects that deploy broadband infrastructure to unserved households4 7d7 ,broadband infrastructure program 7#a7 ,broadband infrastructure deployment grants ,the ,assistant ,secretary shall use the funds made available under subsection 7b77#b7 to implement a program under which the ,assistant ,secretary makes grants on a competitive basis to covered partnerships for covered broadband projects4 7#b7 ,mapping 7,a7 ,data from ,commission ,not less frequently than annually1 the ,commission shall1 through the process established under section #hjb7;b77#g77 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fdb7;b77#g771 provide the ,assistant ,secretary any data collected by the ,commission pursuant to title ,,viii of that ,act 7#dg ,u4,s4,c4 #fda et seq474 7,b7 ,use by ,assistant ,secretary ,the ,assistant ,secretary shall rely on the data provided under subparagraph 7,a7 in carrying out this subsection to the greatest extent practicable4 7#c7 ,eligibility requirements ,to be eligible for a grant under this subsection1 a covered partnership shall submit an application at such time1 in such manner1 and containing such information as the ,assistant ,secretary may require1 which application shall1 at a minimum1 include a description of-- 7,a7 the covered partnership2 7,b7 the covered broadband project to be funded by the grant1 including-- 7i7 the speed or speeds at which the covered partnership plans to offer broadband service2 and 7ii7 the cost of the project2 7,c7 the area to be served by the covered broadband project 7in this paragraph referred to as the proposed service area72 7,d7 any support provided to the provider of broadband service that is part of the covered partnership through-- 7i7 any grant1 loan1 or loan guarantee provided by a ,state to the provider of broadband service for the deployment of broadband service in the proposed service area2 7ii7 any grant1 loan1 or loan guarantee with respect to the proposed service area provided by the ,secretary of ,agriculture-- 7,i7 under title ,,vi of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iej;bb et seq471 including-- 7aa7 any program to provide grants1 loans1 or loan guarantees under sections #fja through #fjc of that ,act 7#g ,u4,s4,c4 #iej;bb et seq472 and 7bb7 the ,community ,connect ,grant ,program established under section #fjd of that ,act 7#g ,u4,s4,c4 #iej;bb-#c72 or 7,,ii7 the broadband loan and grant pilot program known as the ,rural e,connectivity ,pilot ,program or the ,re,connect ,program authorized under section #ggi of division ,a of the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada2 #acb ,stat4 #cdh72 7iii7 any high-cost universal service support provided under section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed72 7iv7 any grant provided under section #fjja of the ,american ,recovery and ,reinvestment ,act of #bjji 7#dg ,u4,s4,c4 #acje72 7v7 amounts made available for the ,education ,stabilization ,fund under the heading ,department of ,education in title ,,viii of division ,b of the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #efd72 or 7vi7 any other grant1 loan1 or loan guarantee provided by the ,federal ,government for the provision of broadband service4 7#d7 ,priority ,in awarding grants under this subsection1 the ,assistant ,secretary shall give priority to applications for covered broadband projects as follows1 in decreasing order of priority3 7,a7 ,covered broadband projects designed to provide broadband service to the greatest number of households in an eligible service area4 7,b7 ,covered broadband projects designed to provide broadband service in an eligible service area that is wholly within any area other than-- 7i7 a county1 city1 or town that has a population of more than #ej1jjj inhabitants2 and 7ii7 the urbanized area contiguous and adjacent to a city or town described in clause 7i74 7,c7 ,covered broadband projects that are the most cost-effective1 prioritizing such projects in areas that are the most rural4 7,d7 ,covered broadband projects designed to provide broadband service with a download speed of not less than #ajj megabits per second and an upload speed of not less than #bj megabits per second4 7,e7 ,any other covered broadband project that meets the requirements of this subsection4 7#e7 ,expenditure deadline 7,a7 ,in general ,not later than #a year after receiving grant funds under this subsection1 a covered partnership shall expend the grant funds4 7,b7 ,extensions ,the ,assistant ,secretary may extend the period under subparagraph 7,a7 for a covered partnership that proposes to use the grant funds for construction of broadband infrastructure if the covered partnership certifies that-- 7i7 the covered partnership has a plan for use of the grant funds2 7ii7 the construction project is underway2 or 7iii7 extenuating circumstances require an extension of time to allow the project to be completed4 7,c7 ,reversion of funds ,any grant funds not expended by an covered partnership by the deadline under subparagraph 7,a7 shall be made available to other covered partnerships for the purposes provided in this subsection4 7#f7 ,grant conditions 7,a7 ,prohibitions ,as a condition of receiving a grant under this subsection1 the ,assistant ,secretary shall prohibit a provider of broadband service that is part of a covered partnership receiving the grant-- 7i7 from using the grant amounts to repay1 or make any other payment relating to1 a loan made by any public or private lender2 7ii7 from using grant amounts as collateral for a loan made by any public or private lender2 and 7iii7 from using more than #ej1jjj of the grant amounts to pay for the preparation of the grant4 7,b7 ,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 #bad7;e7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bad7;e77 to be eligible to receive a grant under this subsection or as a condition of receiving a grant under this subsection4 7e7 ,implementation 7#a7 ,requirements2 outreach ,not earlier than #cj days1 and not later than #fj days1 after the date of enactment of this ,act1 the ,assistant ,secretary shall-- 7,a7 issue a notice inviting eligible entities and covered partnerships to submit applications for grants under this section1 which shall contain details about how awarding decisions will be made2 and 7,b7 outline-- 7i7 the requirements for applications for grants under this section2 and 7ii7 the allowed uses of grant funds awarded under this section4 7#b7 ,applications 7,a7 ,submission ,during the #ij-;day period beginning on the date on which the ,assistant ,secretary issues the notice under paragraph 7#a71 an eligible entity or covered partnership may submit an application for a grant under this section4 7,b7 ,processing 7i7 ,in general ,not later than #ij days after receiving an application under subparagraph 7,a71 the ,assistant ,secretary shall approve or deny the application4 7ii7 ,denial ,the ,assistant ,secretary may deny an application submitted under subparagraph 7,a7 only if-- 7,i7 the ,assistant ,secretary provides the applicant an opportunity to cure any defects in the application2 and 7,,ii7 after receiving the opportunity under subclause 7,i71 the applicant still fails to meet the requirements of this section4 7,c7 ,single application ,an eligible entity or covered partnership may submit only #a application under this paragraph4 7,d7 ,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 funds4 7,e7 ,allocation of funds ,not later than #ad days after approving an application for a grant under this paragraph1 the ,assistant ,secretary shall allocate the grant funds to the eligible entity or covered partnership4 7,f7 ,treatment of unallocated funds 7i7 ,in general ,if an eligible entity or covered partnership does not submit an application by the deadline under subparagraph 7,a71 or the ,assistant ,secretary does not approve an application submitted by an eligible entity or a covered partnership under that subparagraph1 the ,assistant ,secretary shall make the amounts allocated for1 as applicable-- 7,i7 the eligible entity under subsection 7c7 available to other eligible entities on an equitable basis2 or 7,,ii7 the covered partnership under subsection 7d7 to other covered partnerships4 7ii7 ,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 7i74 7#c7 ,transparency1 accountability1 and oversight required ,in implementing this section1 the ,assistant ,secretary shall adopt measures1 including audit requirements1 to-- 7,a7 ensure sufficient transparency1 accountability1 and oversight to provide the public with information regarding the award and use of grant funds under this section2 7,b7 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 section2 and 7,c7 deter waste1 fraud1 and abuse of grant funds4 7#d7 ,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 7as defined in section #i of the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afjh774 7#e7 ,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 section1 the ,assistant ,secretary shall recover the amount of funds that were so expended4 7f7 ,reporting 7#a7 ,eligible entities and covered partnerships 7,a7 ,annual report ,not later than #a year after receiving grant funds under this section1 and annually thereafter until the funds have been expended1 an eligible entity or covered partnership shall submit to the ,assistant ,secretary a report1 with respect to the #a-year period immediately preceding the report date1 that-- 7i7 describes how the eligible entity or covered partnership expended the funds2 7ii7 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 ,secretary1 including-- 7,i7 a description of each service provided with the grant funds2 and 7,,ii7 the number of locations or geographic areas at which broadband service was provided using the grant funds2 and 7iii7 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 provided4 7,b7 ,provision of information to ,,fcc and ,,usda ,the ,assistant ,secretary shall provide the information collected under subparagraph 7,a7 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 agencies4 7,c7 ,transmission of reports to ,congress ,not later than #e days after receiving a report from an eligible entity under subparagraph 7,a71 the ,assistant ,secretary shall transmit the report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#b7 ,inspector ,general and ,,gao ,not later than #f months after the date on which the first grant is awarded under this section1 and every #f months thereafter until all of the grant funds awarded under this section are expended1 the ,inspector ,general of the ,department and the ,comptroller ,general of the ,united ,states shall each submit to the ,committee on ,commerce1 ,science1 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 #f-month period4 ,each such report shall include recommendations to address waste1 fraud1 and abuse1 if any4 7g7 ,impact on other ,federal broadband programs ,the use of grant funds received under this section by an eligible entity1 covered partnership1 or subgrantee shall not impact the eligibility of1 or otherwise disadvantage1 the eligible entity1 covered partnership1 or subgrantee with respect to participation in any other ,federal broadband program4 #ijf4 ,appropriations for ,federal ,communications ,commission activities ,there is appropriated to the ,federal ,communications ,commission1 out of amounts in the ,treasury not otherwise appropriated1 for fiscal year #bjba1 to remain available until expended-- 7#a7 #fe1jjj1jjj to carry out title ,,viii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fda et seq472 and 7#b7 #a1ijj1jjj1jjj to carry out the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afja et seq471 of which #a1hie1jjj1jjj shall be used to carry out the program established under section #d of that ,act 7#dg ,u4,s4,c4 #afjc74 ,x ,miscellaneous #ajja4 ,coronavirus ,relief ,fund extension ,section #fja7;d77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #hja7;d77#c77 is amended by striking #8#8,december #cj1 #bjbj'' and inserting #8#8,december #ca1 #bjba''4 #ajjb4 ,contractor ,pay ,section #cfaj of division ,a of the ,,cares ,act 7,public ,law #aaf-acf7 shall be applied by substituting ,march #ca1 #bjba for ,september #cj1 #bjbj4 #ajjc4 ,rescissions 7a7 ,exchange stabilization fund 7#a7 ,immediate rescission ,of the unobligated balances made available under section #djbg of the ,,cares ,act 7#ae ,u4,s4,c4 #ijfa71 #dbi1jjj1jjj1jjj shall be permanently rescinded on the date of enactment of this ,act4 7#b7 ,subsequent rescission of remaining funds 7,a7 ,in general ,except as provided in subparagraph 7,c71 any remaining unobligated balances made available under section #djbg of the ,,cares ,act 7#ae ,u4,s4,c4 #ijfa7 shall be permanently rescinded on ,january #i1 #bjba4 7,b7 ,applicability ,notwithstanding the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa et seq47 or any other provision of law1 the rescission in subparagraph 7,a7 shall apply to-- 7i7 the obligated but not disbursed credit subsidy cost of all loans1 loan guarantees1 and other investments that the ,secretary of the ,treasury has made or committed to make under section #djjc7;b77#d7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijdb7;b77#d772 and 7ii7 the obligated and disbursed credit subsidy cost of all loans1 loan guarantees1 and other investments that-- 7,i7 the ,secretary of the ,treasury has made or committed to make under section #djjc7;b77#d7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijdb7;b77#d772 and 7,,ii7 are not needed to meet the commitments1 as of ,january #i1 #bjba1 of the programs and facilities established under section #ac7c7 of the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #cdc7c77 in which the ,secretary of the ,treasury has made or committed to make a loan1 loan guarantee1 or other investment using funds appropriated under section #djbg of the ,,cares ,act 7#ae ,u4,s4,c4 #ijfa74 7,c7 ,exceptions 7i7 ,administrative expenses ,the #ajj1jjj1jjj made available under section #djjc7;f7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijdb7;f77 to pay costs and administrative expenses-- 7,i7 shall not be rescinded under this paragraph2 and 7,,ii7 shall be used exclusively for the specific purposes described in that section4 7ii7 ,special inspector general for pandemic recovery ,the #be1jjj1jjj made available under section #djah7;g7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijec7;g77 for the ,special ,inspector ,general for ,pandemic ,recovery-- 7,i7 shall not be rescinded under this paragraph2 and 7,,ii7 shall be used exclusively for the specific purposes described in that section4 7iii7 ,congressional oversight commission ,of the amounts made available under section #djbg of the ,,cares ,act 7#ae ,u4,s4,c4 #ijfa7 for the ,congressional ,oversight ,commission established under section #djbj of that ,act 7#ae ,u4,s4,c4 #ijee71 #e1jjj1jjj-- 7,i7 shall not be rescinded under this paragraph2 and 7,,ii7 shall be used exclusively for the expenses of the ,congressional ,oversight ,commission set forth in section #djbj7;g77#b7 of that ,act4 7b7 ,loans1 loan guarantees1 and other investments 7#a7 ,in general ,effective on ,january #i1 #bjba1 section #djjc of the ,,cares ,act 7#ae ,u4,s4,c4 #ijdb7 is amended-- 7,a7 in subsection 7a71 by striking #ejj1jjj1jjj1jjj and inserting #j2 and 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a71 by striking #be1jjj1jjj1jjj and inserting #j2 7ii7 in paragraph 7#b71 by striking #d1jjj1jjj1jjj and inserting #j2 7iii7 in paragraph 7#c71 by striking #ag1jjj1jjj1jjj and inserting #j2 and 7iv7 in paragraph 7#d71 in the matter preceding subparagraph 7,a71 by striking #ded1jjj1jjj1jjj and inserting #j4 7#b7 ,rule of construction ,the amendments made under paragraph 7#a7 shall not be construed to affect obligations incurred by the ,department of the ,treasury before ,january #a1 #bjba4 #ajjd4 ,emergency relief and taxpayer protections ,section #djjc7;e7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijdb7;e77 is amended1 in the matter preceding paragraph 7#a71 by striking ,amounts and inserting ,notwithstanding any other provision of law1 amounts4 #ajje4 ,termination of authority ,section #djbi of the ,,cares ,act 7#ae ,u4,s4,c4 #ijfc7 is amended-- 7#a7 in subsection 7a71 by striking new2 7#b7 in subsection 7b77#a71 in the matter preceding subparagraph 7,a71 by striking 1 loan guarantee1 or other investment and inserting or loan guarantee made under paragraph 7#a71 7#b71 or 7#c7 of section #djjc7;b72 and 7#c7 by adding at the end the following3 7c7 ,federal reserve programs or facilities 7#a7 ,in general ,after ,december #ca1 #bjbj1 the ,board of ,governors of the ,federal ,reserve ,system and the ,federal ,reserve banks shall not make any loan1 purchase any obligation1 asset1 security1 or other interest1 or make any extension of credit through any program or facility established under section #ac7c7 of the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #cdc7c77 in which the ,secretary made a loan1 loan guarantee1 or other investment pursuant to section #djjc7;b77#d71 other than a loan submitted1 on or before ,december #ad1 #bjbj1 to the ,main ,street ,lending ,program's lender portal for the sale of a participation interest in such loan1 provided that the ,main ,street ,lending ,program purchases a participation interest in such loan on or before ,january #h1 #bjba 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 loan4 7#b7 ,no modification ,after ,december #ca1 #bjbj1 the ,board of ,governors of the ,federal ,reserve ,system and the ,federal ,reserve banks-- 7,a7 shall not modify the terms and conditions of any program or facility established under section #ac7c7 of the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #cdc7c77 in which the ,secretary made a loan1 loan guarantee1 or other investment pursuant to section #djjc7;b77#d71 including by authorizing transfer of such funds to a new program or facility established under section #ac7c7 of the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #cdc7c772 and 7,b7 may modify or restructure a loan1 obligation1 asset1 security1 other interest1 or extension of credit made or purchased through any such program or facility provided that-- 7i7 the loan1 obligation1 asset1 security1 other interest1 or extension of credit is an eligible asset or for an eligible business1 including an eligible nonprofit organization1 each as defined by such program or facility2 and 7ii7 the modification or restructuring relates to an eligible asset or single and specific eligible business1 including an eligible nonprofit organization1 each as defined by such program or facility2 and 7iii7 the modification or restructuring is necessary to minimize costs to taxpayers that could arise from a default on the loan1 obligation1 asset1 security1 other interest1 or extension of credit4 7#c7 ,use of funds 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary is permitted to use the fund established under section #ecjb of title #ca1 ,united ,states ,code1 for any purpose permitted under that section4 7,b7 ,exception ,the fund established under section #ecjb of title #ca1 ,united ,states ,code1 shall not be available for any program or facility established under section #ac7c7 of the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #cdc7c77 that is the same as any such program or facility in which the ,secretary made an investment pursuant to section #djjc7;b77#d71 except the ,term ,asset-,backed ,securities ,loan ,facility4 4 #ajjf4 ,rule of construction ,except as expressly set forth in paragraphs 7#a7 and 7#b7 of subsection 7c7 of section #djbi of the ,,cares ,act1 as added by this ,act1 nothing in this ,act shall be construed to modify or limit the authority of the ,board of ,governors of the ,federal ,reserve ,system under section #ac7c7 of the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #cdc7c77 as of the day before the date of enactment of the ,,cares ,act 7,public ,law #aaf-acf74 ,o ,extensions and technical corrections ,i ,immigration ,extensions #aja4 ,section #dja7;b7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 shall be applied by substituting ,september #cj1 #bjba for ,september #cj1 #bjae4 #ajb4 ,subclauses 7,,ii7 and 7,,iii7 of section #aja7;a77#bg77;,c77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,c77ii77 shall be applied by substituting ,september #cj1 #bjba for ,september #cj1 #bjae4 #ajc4 ,section #bbj7;c7 of the ,immigration and ,nationality ,technical ,corrections ,act of #aiid 7#h ,u4,s4,c4 #aahb note7 shall be applied by substituting ,september #cj1 #bjba for ,september #cj1 #bjae4 #ajd4 ,section #faj7;b7 of the ,departments of ,commerce1 ,justice1 and ,state1 the ,judiciary1 and ,related ,agencies ,appropriations ,act1 #aiic 7#h ,u4,s4,c4 #aaec note7 shall be applied by substituting ,june #cj1 #bjba for ,september #cj1 #bjae4 #aje4 ,notwithstanding the numerical limitation set forth in section #bad7;g77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g77#a77;,b771 the ,secretary of ,homeland ,security1 after consultation with the ,secretary of ,labor1 and upon the determination that the needs of ,american businesses cannot be satisfied in fiscal year #bjba with ,united ,states workers who are willing1 qualified1 and able to perform temporary nonagricultural labor1 may increase the total number of aliens who may receive a visa under section #aja7;a77#ae77;,h77ii77b7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77b77 in such fiscal year above such limitation by not more than the highest number of ,h-#b;,b nonimmigrants who participated in the ,h-#b;,b returning worker program in any fiscal year in which returning workers were exempt from such numerical limitation4 ,,ii ,commission on ,black ,men and ,boys ,corrections #bja4 ,technical corrections to the ,commission on the ,social ,status of ,black ,men and ,boys ,act ,section #b7;b77#c7 of the ,commission on the ,social ,status of ,black ,men and ,boys ,act 7,public ,law #aaf-aef7 is amended by striking ,house of ,representatives majority leader and inserting ,speaker of the ,house of ,representatives4 ,,iii ,u4,s4 ,customs and ,border ,protection ,authority to ,accept ,donations ,extension #cja4 ,extension of ,u4,s4 ,customs and ,border ,protection authority to accept donations ,section #dhb7;b77#d77;,a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cja;a7b77#d77;,a77 is amended by striking #d years after ,december #af1 #bjaf and inserting ,december #af1 #bjba4 ,,iv ,livestock ,mandatory ,reporting ,extension #dja4 ,mandatory ,livestock ,reporting ,section #bfj of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afcf;i7 and section #idb of the ,livestock ,mandatory ,reporting ,act of #aiii 7#g ,u4,s4,c4 #afce note2 ,public ,law #ajf-gh7 shall be applied by substituting ,september #cj1 #bjba for ,september #cj1 #bjbj4 ,v ,soil ,health and ,income ,protection ,pilot ,program ,extension #eja4 ,soil ,health and ,income ,protection ,pilot ,program modification ,section #abca;,c7b77#b77;,b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chca;c7b77#b77;,b77 shall be applied by substituting ,september #cj1 #bjba for ,december #ca1 #bjbj4 ,,vi ,united ,states-,mexico-,canada ,agreement ,implementation ,act ,technical ,corrections #fja4 ,technical corrections to the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7a7 ,environment cooperation commissions2 ,north ,american ,development ,bank 7#a7 ,in general ,section #fja of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7,public ,law #aaf-aac2 #acd ,stat4 #gh7 shall not apply to the provisions specified in paragraph 7#b7 and such provisions shall be restored and revived as if such section had not been enacted4 7#b7 ,provisions specified ,the provisions specified in this paragraph are the following3 7,a7 ,sections #ecb and #ecc of the ,north ,american ,free ,trade ,agreement ,implementation ,act4 7,b7 ,part #b of subtitle ,d of title ,v of such ,act 7as amended by section #hca of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act74 7#c7 ,north american development bank3 limitation on callable capital subscriptions ,the ,secretary of the ,treasury may subscribe without fiscal year limitation to the callable capital portion of the ,united ,states share of capital stock of the ,north ,american ,development ,bank in an amount not to exceed #a1jbj1jjj1jjj4 ,the authority in the preceding sentence shall be in addition to any other authority provided by previous ,acts4 7b7 ,rules of origin ,section #bjb of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #deca7 is amended-- 7#a7 in subsection 7c71 by adding at the end the following3 7#c7 ,special rule for foreign-trade zones ,paragraph 7#a77;,b7 shall not apply to a good produced in a foreign-trade zone or subzone established pursuant to the ,act of ,june #ah1 #aicd 7commonly known as the ,foreign ,trade ,zones ,act7 7#ai ,u4,s4,c4 #ha;a et seq47 that is entered for consumption in the customs territory of the ,united ,states4 2 and 7#b7 in subsection 7f77#b77;,e71 by striking heading #aejg1 #aejh1 and inserting any of headings #aeja through #aejh4 7c7 ,drawbacks 7#a7 ,in general ,section #bjh of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #decd7 is amended by adding at the end the following3 7e7 ,action on claim 7#a7 ,in general ,if the ,commissioner of ,u4,s4 ,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 7#b7 has been made1 the ,commissioner may make such adjustments regarding the previous customs treatment of the article as may be warranted4 7#b7 ,claims described ,a claim described in this paragraph is a claim for-- 7,a7 a refund1 waiver1 or reduction of duty1 under any applicable provision of law2 or 7,b7 a credit against a bond under section #cab7;d77#a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acab7;d77#a774 4 7#b7 ,conforming amendments 7,a7 ,tariff ,act of #aicj ,the ,tariff ,act of #aicj is amended-- 7i7 in section #caa 7#ai ,u4,s4,c4 #acaa71 in the #aath undesignated paragraph1 by striking 7subject to section #ejh7;b77#b77;,b77 and inserting 7subject to section #bjh7;e7 of that ,act72 7ii7 in section #cab 7#ai ,u4,s4,c4 #acab71 by striking 7subject to section #ejh7;b77#b77;,b77 each place it appears and inserting 7subject to section #bjh7;e7 of that ,act72 7iii7 in section #cac7n77#a77;,c7 7#ai ,u4,s4,c4 #acac7n77#a77;,c771 by striking section #ejh7;b77#b77;,b7 and inserting section #bjh7;e7 of that ,act2 and 7iv7 in section #efb7b77;,b7 7#ai ,u4,s4,c4 #aefb7b77;,b771 in the matter preceding clause 7i71 by striking 7subject to section #ejh7;b77#b77;,b77 and inserting 7subject to section #bjh7;e7 of that ,act74 7,b7 ,foreign ,trade ,zones ,act ,section #c7;a7 of the ,act of ,june #ah1 #aicd 7commonly known as the ,foreign ,trade ,zones ,act7 7#ai ,u4,s4,c4 #ha;c7a77 is amended in the seventh proviso by striking 7subject to section #ejh7;b77#b77;,b7 of the ,tariff ,act of #aicj7 and inserting 7subject to section #bjh7;e7 of that ,act74 7d7 ,retention of records 7#a7 ,in general ,section #ejh of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aejh7 is amended by inserting after subsection 7b7 the following3 7c7 ,period of time ,the records required by subsection 7a7 shall be kept for such periods of time as the ,secretary shall prescribe1 except that-- 7#a7 no period of time for the retention of the records required under subsection 7a7 may exceed #e years from the date of entry1 filing of a reconciliation1 or exportation1 as appropriate2 and 7#b7 records for any drawback claim shall be kept until the #crd anniversary of the date of liquidation of the claim4 4 7#b7 ,conforming amendment ,section #cac7r77#c77;,b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac7r77#c77;,b77 is amended by striking section #ejh7;c77#c7 and inserting section #ejh7;c77#b74 7e7 ,reliquidation of entries ,section #ebj7;d7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aebj7;d77 is amended by striking 7except with respect to any merchandise processing fees74 7f7 ,protective orders ,section #ggg7;f7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg;f7f77 is amended-- 7#a7 in the subsection heading1 by striking the the and inserting the2 and 7#b7 in paragraph 7#a71 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,in general ,if binational panel review of a determination under this title is requested pursuant to article #aijd of the ,united ,states-,canada ,agreement or article #aj4ab of the ,,usmca1 or an extraordinary challenge committee is convened under ,annex #aijd4ac of the ,united ,states-,canada ,agreement or chapter #aj of the ,,usmca1 the administering authority or the ,commission1 as appropriate1 may make available to authorized persons1 under a protective order described in paragraph 7#b71 a copy of all proprietary material in the administrative record made during the proceeding in question4 ,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 law1 the administering authority or the ,commission1 as appropriate1 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 7#b74 4 7g7 ,dispute settlement ,the table of contents for the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7,public ,law #aaf-aac2 #acd ,stat4 #aa7 is amended by striking the item relating to section #dad and inserting the following3 ,sec4 #dad4 ,requests for review of determinations by competent investigating authorities4 4 7h7 ,effective date ,this section and the amendments made by this section shall take effect on ,july #a1 #bjbj4 #fjb4 ,technical corrections to other laws 7a7 ,african ,growth and ,opportunity ,act ,the ,african ,growth and ,opportunity ,act is amended-- 7#a7 in section #aab 7#ai ,u4,s4,c4 #cgba7-- 7,a7 in subsection 7b77#e77;,a71 by striking ,annex #dja to the ,,nafta and inserting ,annex #d-;,b of the ,,usmca2 and 7,b7 in subsection 7f71 by striking paragraph 7#c7 and inserting the following3 7#c7 ,,usmca ,the term ,,usmca has the meaning given that term in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #dejb74 2 and 7#b7 in section #aac7;b7 7#ai ,u4,s4,c4 #cgbb7;b77-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking ,article #ejb7a7 of the ,,nafta and inserting article #e4d4a of the ,,usmca2 and 7ii7 in subparagraph 7,b77i71 in the matter following subclause 7,,ii71 by striking chapter #e of the ,,nafta and inserting chapter #e of the ,,usmca2 and 7,b7 in paragraph 7#b71 by striking ,article #ejc of the ,,nafta and inserting article #e4e of the ,,usmca4 7b7 ,caribbean ,basin ,economic ,recovery ,act ,the ,caribbean ,basin ,economic ,recovery ,act is amended-- 7#a7 in section #bab7;a77#a7 7#ai ,u4,s4,c4 #bgjb7;a77#a771 by striking subparagraph 7,d7 and inserting the following3 7,d7 ,the term ,,usmca has the meaning given that term in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #dejb74 2 7#b7 in section #bac7;b7 7#ai ,u4,s4,c4 #bgjc7;b77-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7v77,i71 by striking ,annex #dja of the ,,nafta and inserting ,annex #d-;,b of the ,,usmca2 and 7,,ii7 in clause 7vii77,,iv7-- 7aa7 by striking from a country and inserting the following3 from-- 7aa7 a country 2 7bb7 by striking the period at the end and inserting 2 or2 and 7cc7 by adding at the end the following3 7bb7 a ,,usmca country 7as defined in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #dejb774 2 and 7ii7 in subparagraph 7,c71 by striking section #b4c7;a71 7b71 or 7c7 of the ,annex or ,appendix #c4a4;,b4#aa of the ,annex and inserting article #f4b of the ,,usmca2 7,b7 in paragraph 7#c77;,a77i71 by striking ,annex #cjb4b of the ,,nafta and inserting ,annex #b-;,b of the ,,usmca2 7,c7 in paragraph 7#d7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i71 by striking ,article #ejb7a7 of the ,,nafta and inserting article #e4d4a of the ,,usmca2 and 7,,ii7 in clause 7ii77,i71 in the matter following item 7bb71 by striking chapter #e of the ,,nafta and inserting chapter #e of the ,,usmca2 and 7ii7 in subparagraph 7,b71 by striking ,article #ejc of the ,,nafta and inserting article #e4e of the ,,usmca2 and 7,d7 in paragraph 7#e7-- 7i7 in subparagraph 7,a71 by striking ,,nafta and inserting ,north ,american ,free ,trade ,agreement entered into between the ,united ,states1 ,mexico1 and ,canada on ,december #ag1 #aiib2 and 7ii7 in subparagraph 7,c71 by striking ,,nafta each place it appears and inserting ,,usmca2 and 7#c7 in section #bac;,a7b7 7#ai ,u4,s4,c4 #bgjc;a7b77-- 7,a7 in paragraph 7#a77;,b77vii77,i77aa71 by striking ,annex #dja of the ,,nafta and inserting ,annex #d-;,b of the ,,usmca2 and 7,b7 in paragraph 7#e77;,a77i71 by striking ,annex #dja of the ,,nafta and inserting ,annex #d-;,b of the ,,usmca4 7c7 ,trade ,facilitation and ,trade ,enforcement ,act of #bjae ,section #djc of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7#ai ,u4,s4,c4 #dcfb7 is amended by striking article #aijb of the ,north ,american ,free ,trade ,agreement and section #djh of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #cdch7 and inserting article #aj4aj of the ,,usmca 7as defined in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #dejb77 and section #dah of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #dehh74 7d7 ,title #ce1 ,united ,states ,code ,section #aa of title #ce1 ,united ,states ,code1 is amended-- 7#a7 by striking ,the ,director and inserting 7a7 ,in general4--,the ,director2 7#b7 by striking other than a ,,nafta country and inserting other than a ,,usmca country2 and 7#c7 by striking the third sentence and inserting the following3 7b7 ,definitions ,in this section-- 7#a7 the term ,,usmca country has the meaning given that term in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #dejb72 and 7#b7 the term ,,wto member country has the meaning given that term in section #b7aj7 of the ,uruguay ,round ,agreements ,act 7#ai ,u4,s4,c4 #ceja7aj774 4 7e7 ,energy ,policy ,act of #aiib ,section #ajaa7;b7 of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #bbif;b7b77 is amended by striking ,north ,american ,free ,trade ,agreement and inserting ,,usmca 7as defined in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #dejb774 7f7 ,trade ,agreements ,act of #aigi ,section #dic7;a77#e77;,d7 of the ,trade ,agreements ,act of #aigi 7#ai ,u4,s4,c4 #begh;b7a77#e77;,d77 is amended by striking the ,,nafta countries 7as defined in section #b7d7 of the ,north ,american ,free ,trade ,agreement ,implementation ,act7 and inserting the ,,usmca countries 7as defined in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #dejb774 7g7 ,effective date ,this section and the amendments made by this section shall take effect on ,july #a1 #bjbj4 ,,vii ,deputy ,architect of the ,capitol ,amendments #gja4 ,architect of the ,capitol 7a7 ,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 ,act1 #aief 7#b ,u4,s4,c4 #ahjc7 is amended by striking delegate to the assistants and all that follows through #bjjc and inserting delegate the duties and authorities of the ,architect to officers and employees of the ,office of the ,architect of the ,capitol1 as the ,architect determines appropriate4 7b7 ,deputy ,architect of the ,capitol ,section #abjc of title ,i of division ,h of the ,consolidated ,appropriations ,resolution1 #bjjc 7#b ,u4,s4,c4 #ahje7 is amended-- 7#a7 in the section heading1 by striking ,capitol_/,chief ,operating ,officer and inserting ,capitol2 7#b7 in subsection 7a71 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 ,capitol4 ,the ,architect may delegate to the ,deputy ,architect such duties as the ,architect determines are necessary or appropriate42 7#c7 by striking subsections 7b7 through 7g72 7#d7 by redesignating subsection 7h7 as subsection 7b72 and 7#e7 by striking subsections 7i7 and 7j74 ,,viii ,pandemic ,response ,accountability ,committee ,amendments #hja4 ,amendments to the ,pandemic ,response ,accountability ,committee 7a7 ,appropriations 7#a7 ,in general ,title ,v of division ,b of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf7 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 #aejaj of4 7#b7 ,emergency designation ,the amounts repurposed in this section that were previously designated by the ,congress as an emergency requirement pursuant to the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe are designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 7b7 ,definition of covered funds ,section #aejaj7;a77#f7 of division ,b of the ,coronavirus1 ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf7 is amended-- 7#a7 in subparagraph 7,a71 by striking this ,act and inserting the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7divisions ,a and ,b72 7#b7 in subparagraph 7,c71 by striking or at the end2 and 7#c7 by striking subparagraph 7,d7 and inserting the following3 7,d7 the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci72 or 7,e7 divisions ,m and ,n of the ,consolidated ,appropriations ,act1 #bjba2 and 4 ,,ix ,adjustment of ,status for ,liberian ,nationals ,extension #ija4 ,extension of period for adjustment of status for certain ,liberian nationals ,section #gfaa7;b77#a77;,a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib7 is amended by striking #a year and inserting #b years4 ,x ,clean ,up the ,code ,act of #bjai #ajja4 ,short title ,this title may be cited as the ,clean ,up the ,code ,act of #bjai4 #ajjb4 ,repeals ,the following provisions of title #ah1 ,united ,states ,code1 are repealed3 7#a7 ,section #df relating to transportation of water hyacinths4 7#b7 ,section #eaa;,a relating to unauthorized application of theft prevention decal or device4 7#c7 ,section #gjg relating to #d-;,h club emblem fraudulently used4 7#d7 ,section #gjh relating to ,swiss ,confederation coat of arms4 7#e7 ,section #gaa relating to ,smokey ,bear character or name4 7#f7 ,section #gaa;a relating to ,woodsy ,owl character1 name1 or slogan4 7#g7 ,section #gae relating to ,the ,golden ,eagle ,insignia4 7#h7 ,chapter #hi--,professions and ,occupations4 7#i7 ,section #aiba relating to receiving ,federal employees' compensation after marriage4 #ajjc4 ,clerical amendments 7a7 ,table of chapters for part ,i of title #ah ,the table of chapters for part ,i of title #ah1 ,united ,states ,code1 is amended by striking the item relating to chapter #hi4 7b7 ,table of sections for chapter #c ,the table of sections for chapter #c of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #df4 7c7 ,table of sections for chapter #be ,the table of sections for chapter #be of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #eaa;,a4 7d7 ,table of sections for chapter #cc ,the table of sections for chapter #cc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking the item relating to section #gjg2 7#b7 by striking the item relating to section #gjh2 7#c7 by striking the item relating to section #gaa2 7#d7 by striking the item relating to section #gaa;a2 and 7#e7 by striking the item relating to section #gae4 7e7 ,table of sections for chapter #ic ,the table of sections for chapter #ic of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #aiba4 ,,xi ,amendments to ,provisions ,relating to ,child ,care ,centers #aaja4 ,provisions relating to child care centers 7a7 ,senate ,employee ,child ,care ,center ,section #aijja of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7#b ,u4,s4,c4 #bjfc note7 is amended-- 7#a7 by striking ,the ,secretary and all that follows through per month1 and inserting the following3 7a7 ,reimbursements4--,during the period beginning on ,july #a1 #bjbj and ending on the termination date of the public health emergency declared pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 resulting from the ,,covid-#ai pandemic1 the ,secretary of the ,senate shall reimburse the ,senate ,employee ,child ,care ,center for expenses1 due to measures taken in the ,capitol complex to combat coronavirus1 as calculated under subsection 7b7 and 2 and 7#b7 by adding at the end the following3 7b7 ,amount ,the amount of the reimbursement under this section for each month of the period described in subsection 7a7 shall be equal to the difference between-- 7#a7 the lesser of-- 7,a7 the amount of the operating costs 7including payroll1 general1 and administrative expenses7 of the ,center for such month2 or 7,b7 #aje1jjj2 and 7#b7 the amount of tuition payments collected by the ,center for such month4 4 7b7 ,little scholars child development center ,section #aijjd of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7#b ,u4,s4,c4 #afb;b note7 is amended-- 7#a7 by striking ,the ,library of ,congress and all that follows through per month1 and inserting the following3 7a7 ,reimbursements4--,during the period beginning on the date of enactment of the ,consolidated ,appropriations ,act1 #bjba and ending on the termination date of the public health emergency declared pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 resulting from the ,,covid-#ai pandemic1 the ,library of ,congress shall reimburse the ,little ,scholars ,child ,development ,center for expenses1 due to measures taken in the ,capitol complex to combat coronavirus1 as calculated under subsection 7b7 and 2 and 7#b7 by adding at the end the following3 7b7 ,amount ,the amount of the reimbursement under this section for each month of the period described in subsection 7a7 shall be equal to the difference between-- 7#a7 the lesser of-- 7,a7 the amount of the operating costs 7including payroll1 general1 and administrative expenses7 of the ,center for such month2 or 7,b7 #aah1ejj2 and 7#b7 the amount of tuition payments collected by the ,center for such month4 4 7#c7 ,tiny ,findings ,child ,development ,center ,section #aijji of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf2 #acd ,stat4 #egi7 is amended-- 7,a7 by striking ,the ,government and all that follows through per month1 and inserting the following3 7a7 ,reimbursements4--,during the period beginning on the date of enactment of the ,consolidated ,appropriations ,act1 #bjba and ending on the termination date of the public health emergency declared pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 resulting from the ,,covid-#ai pandemic1 the ,government ,accountability ,office shall reimburse the ,tiny ,findings ,child ,development ,center for expenses1 due to measures taken in the ,capitol complex to combat coronavirus1 as calculated under subsection 7b7 and 2 and 7,b7 by adding at the end the following3 7b7 ,amount ,the amount of the reimbursement under this section for each month of the period described in subsection 7a7 shall be equal to the difference between-- 7#a7 the lesser of-- 7,a7 the amount of the operating costs 7including payroll1 general1 and administrative expenses7 of the ,center for such month2 or 7,b7 #afb1ejj2 and 7#b7 the amount of tuition payments collected by the ,center for such month4 4 ,,xii ,alaska ,natives ,extension #abja4 ,alaska ,natives ,section #dbd7;a7 of the ,consolidated ,appropriations ,act1 #bjad 7,public ,law #aac-gf71 as amended by section #dbh of the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada71 shall be applied by substituting ,october #a1 #bjbb for ,october #a1 #bjai4 ,,xiii ,open ,technology ,fund ,opportunity to ,contest ,proposed ,debarment #acja4 ,open ,technology ,fund ,opportunity to ,contest ,proposed ,debarment 7a7 ,effective date ,section #abii,q of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba is amended by adding at the end the following3 7g7 ,effective date ,this section and the amendments made by this section shall take effect on the date that is #ij days after the date of the enactment of this ,act4 4 7b7 ,open technology fund opportunity to contest proposed debarment ,notwithstanding any provision of law or regulation1 including section #eac4cac of title #bb1 ,code of ,federal ,regulations1 in any debarment proceeding concerning the ,open ,technology ,fund that is initiated prior to the date of enactment of this ,act1 the ,open ,technology ,fund shall have #ij calendar days after receipt of any notice of proposed debarment to submit1 in person1 in writing1 or through a representative1 information and argument in opposition to the proposed debarment1 before such proposed debarment may proceed to additional proceedings or decision4 ,,xiv ,budgetary ,effects #adja4 ,budgetary ,effects 7a7 ,statutory ,,paygo scorecards ,the budgetary effects of division ,n1 this division1 and each succeeding division1 except for title ,,viii of division ,o and title ,,xiii of division ,,ff1 shall not be entered on either ,,paygo scorecard maintained pursuant to section #d7;d7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj4 7b7 ,senate ,,paygo scorecards ,the budgetary effects of division ,n1 this division1 and each succeeding division1 except for title ,,viii of division ,o and title ,,xiii of division ,,ff1 shall not be entered on any ,,paygo scorecard maintained for purposes of section #dajf of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress74 7c7 ,classification of budgetary effects ,notwithstanding ,rule #c of the ,budget ,scorekeeping ,guidelines set forth in the joint explanatory statement of the committee of conference accompanying ,conference ,report #aje-bag and section #bej7;c77#h7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 the budgetary effects of division ,n1 this division1 and each succeeding division1 except for title ,,viii of division ,o and title ,,xiii of division ,,ff1 shall not be estimated-- 7#a7 for purposes of section #bea of such ,act2 and 7#b7 for purposes of paragraph 7#d77;,c7 of section #c of the ,statutory ,pay-,as-,you-,go ,act of #bjaj as being included in an appropriation ,act4 7d7 ,balances on the ,,paygo scorecards ,effective on the date of the adjournment of the second session of the #aafth ,congress1 and for the purposes of the annual report issued pursuant to section #e of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#b ,u4,s4,c4 #icd7 after such adjournment and for determining whether a sequestration order is necessary under such section1 the balances on the ,,paygo scorecards established pursuant to paragraphs 7#d7 and 7#e7 of section #d7;d7 of such ,act shall be zero4 ,p ,,national ,,bio ,,and ,,agro-,,defense ,,facility ,,act ,,of #bjbj #a4 ,short title ,this division may be cited as the ,national ,bio and ,agro-,defense ,facility ,act of #bjbj4 #b4 ,definitions ,in this ,act3 7#a7 ,animal ,the term animal has the meaning given the term in section #ajdjc of the ,animal ,health ,protection ,act 7#g ,u4,s4,c4 #hcjb74 7#b7 ,transboundary disease ,the term transboundary disease has the meaning given the term in section #abbjc7;a7 of the ,agriculture ,improvement ,act of #bjah 7#g ,u4,s4,c4 #hiad7;a774 7#c7 ,veterinary countermeasure ,the term veterinary countermeasure has the meaning given the term in section #ajdjc of the ,animal ,health ,protection ,act 7#g ,u4,s4,c4 #hcjb74 #c4 ,national ,bio and ,agro-,defense ,facility 7a7 ,in general ,the ,national ,bio and ,agro-,defense ,facility shall be a national security laboratory asset to provide integrated research1 development1 and test and evaluation infrastructure to improve preparedness and response capabilities to prevent1 detect1 respond to1 or mitigate harm resulting from animal pests or diseases and zoonotic diseases for the purpose of defending the ,united ,states against bio- and agro-threats1 whether naturally occurring or intentional4 7b7 ,mission ,pursuant to subsection 7a71 the mission of the ,national ,bio and ,agro-,defense ,facility shall be to protect the food supply1 agriculture1 and public health of the ,united ,states1 including by-- 7#a7 integrating agricultural1 zoonotic disease1 and other research1 as appropriate2 7#b7 addressing threats from high-consequence zoonotic disease agents1 emerging foreign animal diseases1 and animal transboundary diseases2 7#c7 addressing biological threats2 7#d7 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 efforts2 7#e7 facilitating1 integrating1 and coordinating the development and implementation of the strategic plan for research under section #d7;a77#b71 relating to protection of the food supply1 agriculture1 and public health of the ,united ,states2 7#f7 providing appropriate education and training to prepare for and respond to bio- and agro-defense threats2 7#g7 sharing data and related information with appropriate ,federal departments or agencies1 as requested by the heads of those departments or agencies1 or as necessary1 to support biological material threat assessments2 and 7#h7 sharing data and related information1 and developing strategic partnerships1 to enhance the carrying out of the duties of the ,national ,bio and ,agro-,defense ,facility for the development of priority zoonotic animal disease diagnostics1 vaccines1 drugs1 and other countermeasures4 #d4 ,evaluation and research plan 7a7 ,in general ,not less frequently than biennially1 the ,secretary of ,agriculture1 in coordination with the ,secretary of ,homeland ,security and the heads of other appropriate ,federal departments and agencies1 shall-- 7#a7 evaluate the work of the ,national ,bio and ,agro-,defense ,facility2 7#b7 develop1 biennially update1 and publish a strategic plan for research at the ,national ,bio and ,agro-,defense ,facility based on priority risk and threat assessments1 including strategies to-- 7,a7 develop veterinary countermeasures for emerging foreign animal diseases and animal transboundary diseases2 7,b7 provide advanced testing1 diagnostic1 and evaluation capabilities for threat detection1 vulnerability assessments of animal and zoonotic diseases1 and veterinary countermeasures for animal and zoonotic diseases2 7,c7 assist1 as appropriate1 with the development1 and address vulnerability assessments1 of the agriculture and food sectors2 7,d7 address gaps in the ongoing animal and zoonotic disease research efforts across the ,federal ,government1 ensuring not to duplicate those ongoing efforts2 and 7,e7 be used for such other purposes as the ,secretary of ,agriculture1 in consultation with the ,secretary of ,homeland ,security and the heads of other appropriate ,federal departments and agencies1 determines to be appropriate2 and 7#c7 submit to the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,agriculture of the ,house of ,representatives1 and the ,committee on ,homeland ,security of the ,house of ,representatives1 the strategic plan for research described in paragraph 7#b74 7b7 ,classified information ,the strategic plan for research required under subsection 7a77#b7-- 7#a7 shall be published in an unclassified format that is publicly available2 7#b7 shall be submitted under subsection 7a77#c7 in unclassified form2 and 7#c7 may include in the submission under subsection 7a77#c7 a classified annex for any sensitive or classified information1 as necessary4 #e4 ,availability of data and congressional briefings 7a7 ,in general ,every #f months until the date described in subsection 7b71 the ,secretary of ,agriculture1 the ,secretary of ,homeland ,security1 and the heads of other appropriate ,federal departments and agencies1 as appropriate1 shall provide to the ,committees on ,agriculture1 ,nutrition1 and ,forestry and ,homeland ,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-- 7#a7 progress under each phase described in the memorandum of agreement entitled ,memorandum of ,agreement ,between the ,u4,s4 ,department of ,agriculture ,marketing and ,regulatory ,programs1 the ,u4,s4 ,department of ,agriculture ,research1 ,education1 and ,economics1 and the ,department of ,homeland ,security ,science and ,technology ,directorate and dated ,june #bj1 #bjai1 that is not completed as of the date of enactment of this ,act2 7#b7 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 ,u4,s4 ,department of ,agriculture ,marketing and ,regulatory ,programs1 the ,u4,s4 ,department of ,agriculture ,research1 ,education1 and ,economics1 and the ,department of ,homeland ,security ,science and ,technology ,directorate for ,national ,bio and ,agro-,defense ,facility ,collaboration and dated ,january #g1 #bjbj2 and 7#c7 the operations and mission of the ,national ,bio and ,agro-,defense ,facility1 including the coordination and carrying out of-- 7,a7 the memorandum of agreement and memorandum of understanding described in paragraphs 7#a7 and 7#b71 respectively2 7,b7 any successor memoranda of agreement or understanding to the memorandum of agreement and memorandum of understanding described in paragraphs 7#a7 and 7#b71 respectively2 7,c7 any similar joint agreement or understanding between the ,department of ,agriculture and the ,department of ,homeland ,security1 or other relevant agencies1 that documents the biodefense mission of the ,national ,bio and ,agro-,defense ,facility2 and 7,d7 research1 including a description of the users of the ,national ,bio and ,agro-,defense ,facility4 7b7 ,termination ,the reporting and briefing requirements under subsection 7a7 shall terminate on the date that is #e years after the date on which the ,national ,bio and ,agro-,defense ,facility attains full operating capability4 #f4 ,budget and report 7a7 ,budget ,concurrently with each budget submission to the ,director of the ,office of ,management and ,budget1 the ,secretary of ,agriculture1 the ,secretary of ,homeland ,security1 and the heads of other appropriate ,federal departments and agencies1 as required by ,homeland ,security ,presidential ,directive #i1 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 ,states1 including the operation and use of the ,national ,bio and ,agro-,defense ,facility4 7b7 ,report ,not later than #fj days after the date on which the budget of the ,united ,states ,government is submitted by the ,president under section #aaje of title #ca1 ,united ,states ,code1 for each fiscal year1 the ,secretary of ,agriculture1 the ,secretary of ,homeland ,security1 and the heads of other appropriate ,federal departments and agencies shall jointly submit to ,congress a report describing an integrated budget plan described in subsection 7a71 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 ,states1 including the operation and use of the ,national ,bio and ,agro-,defense ,facility4 #g4 ,effect on other authorities ,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 supplies1 agriculture1 or public health4 ,q ,,financial ,,services ,,provisions ,,and ,,intellectual ,,property ,i ,financial ,services ,provisions #aja4 ,carbon monoxide alarms or detectors in federally assisted housing 7a7 ,findings ,congress finds that-- 7#a7 carbon monoxide alarms are not required by federally assisted housing programs1 when not required by ,state or local codes2 7#b7 numerous federally assisted housing residents have lost their lives due to carbon monoxide poisoning2 7#c7 the effects of carbon monoxide poisoning occur immediately and can result in death in a matter of minutes2 7#d7 carbon monoxide exposure can cause permanent brain damage1 life-threatening cardiac complications1 fetal death or miscarriage1 and death1 among other harmful health conditions2 7#e7 carbon monoxide poisoning is especially dangerous for unborn babies1 children1 elderly individuals1 and individuals with cardiovascular disease1 among others with chronic health conditions2 7#f7 the majority of the #d1fjj1jjj families receiving ,federal housing assistance are families with young children1 elderly individuals1 or individuals with disabilities1 making them especially vulnerable to carbon monoxide poisoning2 7#g7 more than #djj people die and #ej1jjj additional people visit the emergency room annually as a result of carbon monoxide poisoning2 7#h7 carbon monoxide poisoning is entirely preventable and early detection is possible with the use of carbon monoxide alarms2 7#i7 the ,centers for ,disease ,control and ,prevention warns that carbon monoxide poisoning is entirely preventable and recommends the installation of carbon monoxide alarms2 7#aj7 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 practice to keep families and individuals safe and to protect health2 and 7#aa7 in order to safeguard the health and well-being of tenants in federally assisted housing1 the ,federal ,government should consider best practices for primary prevention of carbon monoxide-related incidents4 7b7 ,public housing1 tenant-based assistance1 and project-based assistance ,the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg et seq47 is amended-- 7#a7 in section #c7;a7 7#db ,u4,s4,c4 #adcg;a7a771 by adding at the end the following3 7#h7 ,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-- 7,a7 the standards described in chapters #i and #aa of the #bjah publication of the ,international ,fire ,code1 as published by the ,international ,code ,council2 or 7,b7 any other standards as may be adopted by the ,secretary1 including any relevant updates to the ,international ,fire ,code1 through a notice published in the ,federal ,register4 2 and 7#b7 in section #h 7#db ,u4,s4,c4 #adcg;f7-- 7,a7 by inserting after subsection 7i7 the following3 7j7 ,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-- 7#a7 the standards described in chapters #i and #aa of the #bjah publication of the ,international ,fire ,code1 as published by the ,international ,code ,council2 or 7#b7 any other standards as may be adopted by the ,secretary1 including any relevant updates to the ,international ,fire ,code1 through a notice published in the ,federal ,register4 2 and 7,b7 in subsection 7o71 by adding at the end the following3 7#ba7 ,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-- 7,a7 the standards described in chapters #i and #aa of the #bjah publication of the ,international ,fire ,code1 as published by the ,international ,code ,council2 or 7,b7 any other standards as may be adopted by the ,secretary1 including any relevant updates to the ,international ,fire ,code1 through a notice published in the ,federal ,register4 4 7c7 ,supportive housing for the elderly ,section #bjb7;j7 of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq7j77 is amended by adding at the end the following3 7#i7 ,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-- 7,a7 the standards described in chapters #i and #aa of the #bjah publication of the ,international ,fire ,code1 as published by the ,international ,code ,council2 or 7,b7 any other standards as may be adopted by the ,secretary1 including any relevant updates to the ,international ,fire ,code1 through a notice published in the ,federal ,register4 4 7d7 ,supportive housing for persons with disabilities ,section #haa7;j7 of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac7;j77 is amended by adding at the end the following3 7#g7 ,carbon monoxide alarms ,each dwelling unit assisted under this section shall contain installed carbon monoxide alarms or detectors that meet or exceed-- 7,a7 the standards described in chapters #i and #aa of the #bjah publication of the ,international ,fire ,code1 as published by the ,international ,code ,council2 or 7,b7 any other standards as may be adopted by the ,secretary1 including any relevant updates to the ,international ,fire ,code1 through a notice published in the ,federal ,register4 4 7e7 ,housing opportunities for persons with ,,aids ,section #hef of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abije7 is amended by adding at the end the following new subsection3 7i7 ,carbon monoxide alarms ,each dwelling unit assisted under this subtitle shall contain installed carbon monoxide alarms or detectors that meet or exceed-- 7#a7 the standards described in chapters #i and #aa of the #bjah publication of the ,international ,fire ,code1 as published by the ,international ,code ,council2 or 7#b7 any other standards as may be adopted by the ,secretary1 including any relevant updates to the ,international ,fire ,code1 through a notice published in the ,federal ,register4 4 7f7 ,rural housing ,title ,v of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adga et seq47 is amended-- 7#a7 in section #ead 7#db ,u4,s4,c4 #adhd71 by adding at the end the following3 7j7 ,housing and related facilities constructed with loans under this section shall contain installed carbon monoxide alarms or detectors that meet or exceed-- 7#a7 the standards described in chapters #i and #aa of the #bjah publication of the ,international ,fire ,code1 as published by the ,international ,code ,council2 or 7#b7 any other standards as may be adopted by the ,secretary1 in collaboration with the ,secretary of ,housing and ,urban ,development1 including any relevant updates to the ,international ,fire ,code1 through a notice published in the ,federal ,register4 2 and 7#b7 in section #eae7m7 7#db ,u4,s4,c4 #adhe7m77-- 7,a7 by inserting 7#a7 before ,the ,secretary shall establish2 and 7,b7 by adding at the end the following3 7#b7 ,housing and related facilities rehabilitated or repaired with amounts received under a loan made or insured under this section shall contain installed carbon monoxide alarms or detectors that meet or exceed-- 7,a7 the standards described in chapters #i and #aa of the #bjah publication of the ,international ,fire ,code1 as published by the ,international ,code ,council2 or 7,b7 any other standards as may be adopted by the ,secretary1 in collaboration with the ,secretary of ,housing and ,urban ,development1 including any relevant updates to the ,international ,fire ,code1 through a notice published in the ,federal ,register4 4 7g7 ,guidance ,the ,secretary of ,housing and ,urban ,development shall provide guidance to public housing agencies 7as defined in section #c7;b77#f7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b77#f77 on how to educate tenants on health hazards in the home1 including to carbon monoxide poisoning1 lead poisoning1 asthma induced by housing-related allergens1 and other housing-related preventable outcomes1 to help advance primary prevention and prevent future deaths and other harms4 7h7 ,effective date ,the amendments made by subsections 7b7 through 7e7 shall take effect on the date that is #b years after the date of enactment of this ,act4 7i7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section and the amendments made by this section1 #aja1djj1jjj per year for each of fiscal years #bjba1 #bjbb1 and #bjbc4 7j7 ,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 section4 7k7 ,study on inclusion of carbon monoxide alarms or detectors in other units ,the ,secretary of ,housing and ,urban ,development1 in consultation with the ,consumer ,product ,safety ,commission1 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 section4 #ajb4 ,participation of ,indian ,tribes and tribally designated housing entities in continuum of care program 7a7 ,in general ,title ,,iv of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfj et seq47 is amended-- 7#a7 in section #dja 7#db ,u4,s4,c4 #aacfj7-- 7,a7 by redesignating paragraphs 7#aj7 through 7#cc7 as paragraphs 7#ab7 through 7#ce71 respectively2 7,b7 by redesignating paragraphs 7#h7 and 7#i7 as paragraphs 7#i7 and 7#aj71 respectively2 7,c7 by inserting after paragraph 7#g7 the following3 7#h7 ,formula area ,the term formula area has the meaning given the term in section #ajjj4cjb of title #bd1 ,code of ,federal ,regulations1 or any successor regulation4 2 7,d7 in paragraph 7#i71 as so redesignated1 by inserting a formula area1 after nonentitlement area12 and 7,e7 by inserting after paragraph 7#aj71 as so redesignated1 the following3 7#aa7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc74 2 and 7#b7 in subtitle ,c 7#db ,u4,s4,c4 #aacha et seq471 by adding at the end the following3 #dce4 ,indian tribes and tribally designated housing entities ,notwithstanding any other provision of this title1 for purposes of this subtitle1 an ,indian ,tribe or tribally designated housing entity 7as defined in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc77 may-- 7#a7 be a collaborative applicant or eligible entity2 or 7#b7 receive grant amounts from another entity that receives a grant directly from the ,secretary1 and use the amounts in accordance with this subtitle4 4 7b7 ,technical and conforming amendment ,the table of contents in section #aja7;b7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7,public ,law #ajj-gg2 #aja ,stat4 #dhb7 is amended by inserting after the item relating to section #dcd the following3 ,sec4 #dce4 ,indian ,tribes and tribally designated housing entities4 4 #ajc4 ,fostering stable housing opportunities 7a7 ,definition of family ,subparagraph 7,a7 of section #c7;b77#c7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b77#c77;,a77 is amended-- 7#a7 in the first sentence-- 7,a7 by striking 7v7 and inserting 7vi72 and 7,b7 by inserting after tenant family1 the following3 7v7 a youth described in section #h7x77#b77;,b712 and 7#b7 in the second sentence1 by inserting or 7vi7 after clause 7v74 7b7 ,housing choice vouchers for fostering stable housing opportunities 7#a7 ,assistance for youth aging out of foster care ,section #h7x7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7x77 is amended-- 7,a7 in paragraph 7#b71 by inserting subject to paragraph 7#e71 after 7,b72 7,b7 in paragraph 7#c7-- 7i7 ,by striking 7#c7 ,allocation4--,the and inserting the following3 7#c7 ,allocation 7,a7 ,in general ,the 2 and 7ii7 by adding at the end the following new subparagraph3 7,b7 ,assistance for youth aging out of foster care ,notwithstanding any other provision of law1 the ,secretary shall1 subject only to the availability of funds1 allocate such assistance to any public housing agencies that 7i7 administer assistance pursuant to paragraph 7#b77;,b71 or seek to administer such assistance1 consistent with procedures established by the ,secretary1 7ii7 have requested such assistance so that they may provide timely assistance to eligible youth1 and 7iii7 have submitted to the ,secretary a statement describing how the agency will connect assisted youths with local community resources and self-sufficiency services1 to the extent they are available1 and obtain referrals from public child welfare agencies regarding youths in foster care who become eligible for such assistance4 2 7,c7 by redesignating paragraph 7#e7 as paragraph 7#f72 and 7,d7 by inserting after paragraph 7#d7 the following new paragraph3 7#e7 ,requirements for assistance for youth aging out of foster care ,assistance provided under this subsection for an eligible youth pursuant to paragraph 7#b77;,b7 shall be subject to the following requirements3 7,a7 ,requirements to extend assistance 7i7 ,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 self-sufficiency program under section #bc1 the agency shall1 subject only to the availability of such assistance1 extend the provision of such assistance for up to #bd months beyond the period referred to in paragraph 7#b77;,b71 but only during such period that the youth is in compliance with the terms and conditions applicable under section #bc and the regulations implementing such section to a person participating in a family self-sufficiency program4 7ii7 ,education1 workforce development1 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 #bc1 or is carrying out such a program in which the youth has been unable to enroll1 the agency shall1 subject only to the availability of such assistance1 extend the provision of such assistance for two successive #ab-month periods1 after the period referred to in paragraph 7#b77;,b71 but only if for not less than #i months of the #ab-month period preceding each such extension the youth was-- 7,i7 engaged in obtaining a recognized postsecondary credential or a secondary school diploma or its recognized equivalent2 7,,ii7 enrolled in an institution of higher education1 as such term is defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a77 and including the institutions described in subparagraphs 7,a7 and 7,b7 of section #ajb7;a77#a7 of such ,act 7#bj ,u4,s4,c4 #ajjb7;a77#a772 or 7,,iii7 participating in a career pathway1 as such term is defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 ,notwithstanding any other provision of this clause1 a public housing agency shall consider employment as satisfying the requirements under this subparagraph4 7iii7 ,exceptions ,notwithstanding clauses 7i7 and 7ii71 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 #bd months beyond the period referred to in paragraph 7#b77;,b71 and clauses 7i7 and 7ii7 of this subparagraph shall not apply1 if the eligible youth certifies that he or she is-- 7,i7 a parent or other household member responsible for the care of a dependent child under the age of #f or for the care of an incapacitated person2 7,,ii7 a person who is regularly and actively participating in a drug addiction or alcohol treatment and rehabilitation program2 or 7,,iii7 a person who is incapable of complying with the requirement under clause 7i7 or 7ii71 as applicable1 due to a documented medical condition4 7iv7 ,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 assistance4 7,b7 ,supportive services 7i7 ,eligibility ,each eligible youth on whose behalf such assistance under this subsection is provided shall be eligible for any supportive services 7as such term is defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb77 made available1 in connection with any housing assistance program of the agency1 by or through the public housing agency providing such assistance4 7ii7 ,information ,upon the initial provision of such assistance under this subsection on behalf of any eligible youth1 the public housing agency shall inform such eligible youth of the existence of any programs or services referred to in clause 7i7 and of their eligibility for such programs and services4 7,c7 ,applicability to moving to work agencies ,notwithstanding any other provision of law1 the requirements of this paragraph shall apply to assistance under this subsection pursuant to paragraph 7#b77;,b7 made available by each public housing agency participating in the ,moving to ,work ,program under section #bjd of the ,departments of ,veterans ,affairs and ,housing and ,urban ,development1 and ,independent ,agencies ,appropriations ,act1 #aiif 7#db ,u4,s4,c4 #adcg;f note71 except that in lieu of compliance with clause 7i7 or 7ii7 of subparagraph 7,a7 of this paragraph1 such an agency may comply with the requirements under such clauses by complying with such terms1 conditions1 and requirements as may be established by the agency for persons on whose behalf such rental assistance under this subsection is provided4 7,d7 ,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 terminated1 unless specifically authorized by the ,secretary4 7,e7 ,reports 7i7 ,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-- 7,i7 specifies the number of persons on whose behalf such assistance under this subsection was provided during such fiscal year2 7,,ii7 specifies the number of persons who applied during such fiscal year for such assistance under this subsection1 but were not provided such assistance1 and provides a brief identification in each instance of the reason why the public housing agency was unable to award such assistance2 and 7,,iii7 describes how the public housing agency communicated or collaborated with public child welfare agencies to collect such data4 7ii7 ,information collections ,the ,secretary shall1 to the greatest extent possible1 utilize existing information collections1 including the voucher management system 7,,vms71 the ,inventory ,management ,system_/,,pih ,information ,center 7,,ims_/,,pic71 or the successors of those systems1 to collect information required under this subparagraph4 7,f7 ,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 7#b77;,b74 4 7#b7 ,applicability to fostering stable housing opportunities program ,subparagraph 7,a7 of section #h7x77#d7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7x77#d77;,a77 is amended by inserting before the semicolon at the end the following3 and establishing a point of contact at public housing agencies to ensure that public housing agencies receive appropriate referrals regarding eligible recipients4 7#c7 ,,pha administrative fees ,subsection 7q7 of section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7q77 is amended by adding at the end the following new paragraph3 7#e7 ,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 7x77#b77;,b71 in an amount determined by the ,secretary1 but only if the agency waives for such eligible youth receiving assistance any residency requirement that it has otherwise established pursuant to subsection 7r77#a77;,b77i74 4 7c7 ,exceptions to limitations for project-based voucher assistance 7#a7 ,percentage limitation ,the first sentence of clause 7ii7 of section #h7o77#ac77;,b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77#ac77;,b77ii771 as amended by section #ajf7;a77#b7 of the ,housing ,opportunity ,through ,modernization ,act of #bjaf 7,public ,law #aad-bja71 is further amended by inserting before or that the following3 that house eligible youths receiving assistance pursuant to subsection 7x77#b77;,b714 7#b7 ,income-mixing requirement ,subclause 7,i7 of section #h7o77#ac77;,d77ii7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77#ac77;,d77ii77,i771 as amended by section #ajf7;a77#c7 of the ,housing ,opportunity ,through ,modernization ,act of #bjaf 7,public ,law #aad-bja71 is further amended by inserting after elderly families the following3 1 to eligible youths receiving assistance pursuant to subsection 7x77#b77;,b714 7d7 ,applicability ,the amendments made by this section shall not apply to housing choice voucher assistance made available pursuant to section #h7x7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7x77 that is in use on behalf of an assisted family as of the date of the enactment of this ,act4 #ajd4 ,homeless assistance grants 7a7 ,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 ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacha et seq471 the ,secretary of ,housing and ,urban ,development shall renew for one #ab-month period1 without additional competition1 all projects with existing grants expiring during calendar year #bjba1 including youth homelessness demonstration projects and shelter plus care projects expiring during calendar year #bjba1 notwithstanding any inconsistent provisions in subtitle ,c of title ,,iv of the ,mc,kinney-,vento ,homeless ,assistance ,act or any other ,act4 7b7 ,planning and unified funding agency awards ,continuum of ,care planning and ,unified ,funding ,agency awards expiring in calendar year #bjba 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 ,development4 7c7 ,notice ,the ,secretary of ,housing and ,urban ,development shall publish a notice that identifies and lists all projects and awards eligible for such noncompetitive renewal1 prescribes the format and process by which the projects and awards from the list will be renewed1 makes adjustments to the renewal amount based on changes to the fair market rent1 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 availability4 #aje4 ,improvements to loan guarantees for ,indian housing 7a7 ,findings ,congress finds that-- 7#a7 the extended timelines for approving lenders' applications to participate in the program established under section #ahd of the ,housing and ,community ,development ,act of #aiib 7#ab ,u4,s4,c4 #agaez-#ac;a7 are unacceptably long2 7#b7 those extended timelines inhibit the ability of lenders to provide needed mortgage loans on ,native ,american reservations2 and 7#c7 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 #ahd of the ,housing and ,community ,development ,act of #aiib 7#ab ,u4,s4,c4 #agaez-#ac;a71 which delays the guarantee of the loan by the ,department of ,housing and ,urban ,development4 7b7 ,documentation required for ,indian trust land ,section #ahd7;c7 of the ,housing and ,community ,development ,act of #aiib 7#ab ,u4,s4,c4 #agaez-#ac;a7c77 is amended by adding at the end the following3 7#e7 ,trailing documents 7,a7 ,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 ,affairs1 including the final certified title status report showing the recordation by the ,bureau of ,indian ,affairs of the mortgage relating to the loan1 if the originating lender agrees to indemnify the ,secretary for any losses that may result when-- 7i7 a claim payment is presented to the ,secretary due to the default of the borrower on the loan2 and 7ii7 the required trailing documents are outstanding4 7,b7 ,termination of indemnification agreement ,an indemnification agreement between an originating lender and the ,secretary described in subparagraph 7,a7 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 ,secretary4 7,c7 ,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 land4 4 7c7 ,reporting ,the ,secretary of ,housing and ,urban ,development shall-- 7#a7 report to the ,committee on ,banking1 ,housing1 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 #ahd of the ,housing and ,community ,development ,act of #aiib 7#ab ,u4,s4,c4 #agaez-#ac;a72 and 7#b7 if there is no improvement in accelerating those processing timelines1 submit to the committees described in paragraph 7#a7 a report explaining the lack of improvement4 #ajf4 ,study on the provision of and reliance upon investment research into small issuers 7a7 ,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 issuers1 including emerging growth companies and companies considering initial public offerings4 7b7 ,contents of study ,the study required under subsection 7a7 shall consider-- 7#a7 factors related to the demand for such research by institutional and retail investors2 7#b7 the availability of such research1 including-- 7,a7 the number and types of firms who provide such research2 7,b7 the volume of such research over time2 and 7,c7 competition in the research market2 7#c7 conflicts of interest relating to the production and distribution of investment research2 7#d7 the costs of such research2 7#e7 the impacts of different payment mechanisms for investment research into small issuers1 including whether such research is paid for by-- 7,a7 hard-dollar payments from research clients2 7,b7 payments directed from the client's commission income 7i4e41 soft dollars72 or 7,c7 payments from the issuer that is the subject of such research2 7#f7 any unique challenges faced by minority-owned1 women-owned1 and veteran-owned small issuers in obtaining research coverage2 and 7#g7 the impact on the availability of research coverage for small issuers due to-- 7,a7 investment adviser concentration and consolidation1 including any potential impacts of fund-size on demand for investment research of small issuers2 7,b7 broker and dealer concentration and consolidation1 including any relationships between the size of the firm and allocation of resources for investment research into small issuers2 7,c7 ,securities and ,exchange ,commission rules2 7,d7 registered national securities association rules2 7,e7 ,state and ,federal liability concerns2 7,f7 the settlement agreements referenced in ,securities and ,exchange ,commission ,litigation ,release ,no4 #ahdch 7i4e41 the ,global ,research ,analyst ,settlement72 and 7,g7 ,directive #bjad_/fe_/;,,eu of the ,european ,parliament and of the ,council of #ae ,may #bjad on markets in financial instruments and amending ,directive #bjjb_/ib_/;,,ec and ,directive #bjaa_/fa_/;,,eu1 as implemented by the ,european ,union 7,,eu7 member states 7,mi,f,i,d ,,ii74 7c7 ,report required ,not later than #ahj days after the date of the enactment of this ,act1 the ,securities and ,exchange ,commission shall submit to ,congress a report that includes-- 7#a7 the results of the study required by subsection 7a72 and 7#b7 recommendations to increase the demand for1 volume of1 and quality of investment research into small issuers1 including emerging growth companies and companies considering initial public offerings4 #ajg4 ,study on threshold limits applicable to diversified companies 7a7 ,in general ,the ,securities and ,exchange ,commission shall carry out a study of the #aj per centum threshold limitation applicable to the definition of a diversified company under section #e7;b77#a7 of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#e7;b77#a77 and determine the impacts of such threshold limits upon the protection of investors1 efficiency1 competition1 and capital formation4 7b7 ,considerations ,in carrying out the study required under subsection 7a71 the ,commission shall consider the following3 7#a7 ,the size and number of diversified companies that are currently restricted in their ability to own more than #aj percent of the voting shares in an individual company4 7#b7 ,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 limited4 7#c7 ,the expected impact to small and emerging growth companies regarding the availability of capital1 related impacts on investor confidence and risk1 and impacts on competition1 if the threshold is increased or otherwise changed4 7#d7 ,the ability of registered funds to manage liquidity risk4 7#e7 ,any other consideration that the ,commission considers necessary and appropriate for the protection of investors4 7c7 ,solicitation of public comments ,in carrying out the study required under subsection 7a71 the ,commission may solicit public comments4 7d7 ,report ,not later than the end of the #ahj-;day period beginning on the date of enactment of this ,act1 the ,commission shall issue a report to the ,congress1 and make such report publicly available on the website of the ,commission1 containing-- 7#a7 all findings and determinations made in carrying out the study required under subsection 7a72 and 7#b7 any legislative recommendations of the ,commission4 #ajh4 ,cybersecurity and financial system resilience report 7a7 ,in general ,not later than the end of the #ahj-;day period beginning on the date of enactment of this ,act1 and annually thereafter1 each banking regulator shall submit a report to the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 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 regulator1 including the supervision and regulation of financial institutions and1 where applicable1 third-party service providers4 ,each such report shall specifically include a detailed analysis of-- 7#a7 policies and procedures 7including those described under section #ceed7;b7 of title #dd1 ,united ,states ,code7 to detect1 defend against1 and respond to-- 7,a7 efforts to deny access to or degrade1 disrupt1 or destroy any information and communications technology system or network1 or exfiltrate information from such a system or network without authorization2 7,b7 destructive malware attacks2 7,c7 denial of service activities2 and 7,d7 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 system2 7#b7 activities to ensure the effective implementation of policies and procedures described under paragraph 7#a71 including-- 7,a7 the appointment of qualified staff1 the provision of staff training1 the use of accountability measures to support staff performance1 and the designation1 if any1 of senior appointed leadership to strengthen accountability for oversight of cybersecurity measures within each banking regulator and among regulated entities2 7,b7 deployment of adequate resources and technologies2 7,c7 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 #ceee of title #db1 ,united ,states ,code2 7,d7 industry efforts to respond to cybersecurity-related findings and recommendations of the banking regulators2 7,e7 as appropriate1 efforts to strengthen cybersecurity in coordination with other ,federal departments and agencies1 domestic and foreign financial institutions1 and other partners1 including the development and dissemination of best practices regarding cybersecurity and the sharing of threat information2 and 7#c7 any current or emerging threats that are likely to pose a risk to the resilience of the financial system4 7b7 ,form of report ,the report required under subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex1 if appropriate4 7c7 ,congressional briefing ,upon request1 the head of each banking regulator shall provide a detailed briefing to the appropriate ,members of ,congress on each report submitted pursuant to subsection 7a71 except-- 7#a7 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 briefing2 7#b7 the ,chairperson of the ,federal ,deposit ,insurance ,corporation may designate another member of the ,board of ,directors of the ,corporation to provide such briefing2 and 7#c7 the ,chairman of the ,national ,credit ,union ,administration may designate another member of the ,national ,credit ,union ,administration ,board to provide such briefing4 7d7 ,definitions ,for the purposes of this section3 7#a7 ,appropriate members of ,congress ,the term appropriate ,members of ,congress means the following3 7,a7 ,the ,chairman and ,ranking ,member of the ,committee on ,financial ,services of the ,house of ,representatives4 7,b7 ,the ,chairman and ,ranking ,member of the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 7#b7 ,banking regulator ,the term banking regulator means the ,board of ,governors of the ,federal ,reserve ,system1 the ,comptroller of the ,currency1 the ,federal ,deposit ,insurance ,corporation1 and the ,national ,credit ,union ,administration4 7#c7 ,senior appointed leadership ,with respect to a banking regulator1 the term senior appointed leadership means a position that requires ,senate confirmation4 7e7 ,sunset ,the provisions of this section shall have no force or effect on or after the date that is #g years after the date of enactment of this ,act4 ,,ii ,intellectual property ,a ,copyrights #baa4 ,unauthorized streaming 7a7 ,amendment ,chapter #aac of title #ah1 ,united ,states ,code1 is amended by inserting after section #bcai;,b the following3 #bcai;,c4 ,illicit digital transmission services 7a7 ,definitions ,in this section-- 7#a7 the terms audiovisual work1 computer program1 copies1 copyright owner1 digital transmission1 financial gain1 motion picture1 motion picture exhibition facility1 perform1 phonorecords1 publicly 7with respect to performing a work71 sound recording1 and transmit have the meanings given those terms in section #aja of title #ag2 7#b7 the term digital transmission service means a service that has the primary purpose of publicly performing works by digital transmission2 7#c7 the terms publicly perform and public performance refer to the exclusive rights of a copyright owner under paragraphs 7#d7 and 7#f7 of section #ajf 7relating to exclusive rights in copyrighted works7 of title #ag1 as limited by sections #ajg through #abb of title #ag2 and 7#d7 the term work being prepared for commercial public performance means-- 7,a7 a computer program1 a musical work1 a motion picture or other audiovisual work1 or a sound recording1 if1 at the time of unauthorized public performance-- 7i7 the copyright owner has a reasonable expectation of commercial public performance2 and 7ii7 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 owner2 or 7,b7 a motion picture1 if1 at the time of unauthorized public performance1 the motion picture-- 7i7 7,i7 has been made available for viewing in a motion picture exhibition facility2 and 7,,ii7 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 facility2 or 7ii7 had not been commercially publicly performed in the ,united ,states by or with the authorization of the copyright owner more than #bd hours before the unauthorized public performance4 7b7 ,prohibited act ,it shall be unlawful for a person to willfully1 and for purposes of commercial advantage or private financial gain1 offer or provide to the public a digital transmission service that-- 7#a7 is primarily designed or provided for the purpose of publicly performing works protected under title #ag by means of a digital transmission without the authority of the copyright owner or the law2 7#b7 has no commercially significant purpose or use other than to publicly perform works protected under title #ag by means of a digital transmission without the authority of the copyright owner or the law2 or 7#c7 is intentionally marketed by or at the direction of that person to promote its use in publicly performing works protected under title #ag by means of a digital transmission without the authority of the copyright owner or the law4 7c7 ,penalties ,any person who violates subsection 7b7 shall be1 in addition to any penalties provided for under title #ag or any other law-- 7#a7 fined under this title1 imprisoned not more than #c years1 or both2 7#b7 fined under this title1 imprisoned not more than #e years1 or both1 if-- 7,a7 the offense was committed in connection with #a or more works being prepared for commercial public performance2 and 7,b7 the person knew or should have known that the work was being prepared for commercial public performance2 and 7#c7 fined under this title1 imprisoned not more than #aj years1 or both1 if the offense is a second or subsequent offense under this section or section #bcai7;a74 7d7 ,rule of construction ,nothing in this section shall be construed to-- 7#a7 affect the interpretation of any other provision of civil copyright law1 including the limitations of liability set forth in section #eab of title #ag1 or principles of secondary liability2 or 7#b7 prevent any ,federal or ,state authority from enforcing cable theft or theft of service laws that are not subject to preemption under section #cja of title #ag4 4 7b7 ,table of sections amendment ,the table of section for chapter #aac of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #bcai;,b the following3 #bcai;,c4 ,illicit digital transmission services4 4 #bab4 ,copyright small claims 7a7 ,short title ,this section may be cited as the ,copyright ,alternative in ,small-,claims ,enforcement ,act of #bjbj or the ,,case ,act of #bjbj4 7b7 ,amendment ,title #ag1 ,united ,states ,code1 is amended by adding at the end the following3 #ae ,copyright ,small ,claims #aeja4 ,definitions4 #aejb4 ,copyright ,claims ,board4 #aejc4 ,authority and duties of the ,copyright ,claims ,board4 #aejd4 ,nature of proceedings4 #aeje4 ,registration requirement4 #aejf4 ,conduct of proceedings4 #aejg4 ,effect of proceeding4 #aejh4 ,review and confirmation by district court4 #aeji4 ,relationship to other district court actions4 #aeaj4 ,implementation by ,copyright ,office4 #aeaa4 ,funding4 #aeja4 ,definitions ,in this chapter-- 7#a7 the term claimant means the real party in interest that commences a proceeding before the ,copyright ,claims ,board under section #aejf7;e71 pursuant to a permissible claim of infringement brought under section #aejd7;c77#a71 noninfringement brought under section #aejd7;c77#b71 or misrepresentation brought under section #aejd7;c77#c72 7#b7 the term counterclaimant means a respondent in a proceeding before the ,copyright ,claims ,board that-- 7,a7 asserts a permissible counterclaim under section #aejd7;c77#d7 against the claimant in the proceeding2 and 7,b7 is the real party in interest with respect to the counterclaim described in subparagraph 7,a72 7#c7 the term party-- 7,a7 means a party2 and 7,b7 includes the attorney of a party1 as applicable2 and 7#d7 the term respondent means any person against whom a proceeding is brought before the ,copyright ,claims ,board under section #aejf7;e71 pursuant to a permissible claim of infringement brought under section #aejd7;c77#a71 noninfringement brought under section #aejd7;c77#b71 or misrepresentation brought under section #aejd7;c77#c74 #aejb4 ,copyright ,claims ,board 7a7 ,in general ,there is established in the ,copyright ,office the ,copyright ,claims ,board1 which shall serve as an alternative forum in which parties may voluntarily seek to resolve certain copyright claims regarding any category of copyrighted work1 as provided in this chapter4 7b7 ,officers and staff 7#a7 ,copyright claims officers ,the ,register of ,copyrights shall recommend #c full-time ,copyright ,claims ,officers to serve on the ,copyright ,claims ,board in accordance with paragraph 7#c77;,a74 ,the ,officers shall be appointed by the ,librarian of ,congress to such positions after consultation with the ,register of ,copyrights4 7#b7 ,copyright claims attorneys ,the ,register of ,copyrights shall hire not fewer than #b full-time ,copyright ,claims ,attorneys to assist in the administration of the ,copyright ,claims ,board4 7#c7 ,qualifications 7,a7 ,copyright claims officers 7i7 ,in general ,each ,copyright ,claims ,officer shall be an attorney who has not fewer than #g years of legal experience4 7ii7 ,experience ,two of the ,copyright ,claims ,officers shall-- 7,i7 have substantial experience in the evaluation1 litigation1 or adjudication of copyright infringement claims2 and 7,,ii7 between those #b ,officers1 have represented or presided over a diversity of copyright interests1 including those of both owners and users of copyrighted works4 7iii7 ,alternative dispute resolution ,the ,copyright ,claims ,officer not described in clause 7ii7 shall have substantial familiarity with copyright law and experience in the field of alternative dispute resolution1 including the resolution of litigation matters through that method of resolution4 7,b7 ,copyright claims attorneys ,each ,copyright ,claims ,attorney shall be an attorney who has not fewer than #c years of substantial experience in copyright law4 7#d7 ,compensation 7,a7 ,copyright claims officers 7i7 ,definition ,in this subparagraph1 the term senior level employee of the ,federal ,government means an employee1 other than an employee in the ,senior ,executive ,service1 the position of whom is classified above ,,gs-#ae of the ,general ,schedule4 7ii7 ,pay range ,each ,copyright ,claims ,officer shall be compensated at a rate of pay that is not less than the minimum1 and not more than the maximum1 rate of pay payable for senior level employees of the ,federal ,government1 including locality pay1 as applicable4 7,b7 ,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 #aj of ,,gs-#ae of the ,general ,schedule1 including locality pay1 as applicable4 7#e7 ,terms 7,a7 ,in general ,subject to subparagraph 7,b71 a ,copyright ,claims ,officer shall serve for a renewable term of #f years4 7,b7 ,initial terms ,the terms for the first ,copyright ,claims ,officers appointed under this chapter shall be as follows3 7i7 ,the first such ,copyright ,claims ,officer appointed shall be appointed for a term of #d years4 7ii7 ,the second ,copyright ,claims ,officer appointed shall be appointed for a term of #e years4 7iii7 ,the third ,copyright ,claims ,officer appointed shall be appointed for a term of #f years4 7#f7 ,vacancies and incapacity 7,a7 ,vacancy 7i7 ,in general ,if a vacancy occurs in the position of a ,copyright ,claims ,officer1 the ,librarian of ,congress shall1 upon the recommendation of1 and in consultation with1 the ,register of ,copyrights1 act expeditiously to appoint a ,copyright ,claims ,officer for that position4 7ii7 ,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 #f-year term4 7,b7 ,incapacity ,if a ,copyright ,claims ,officer is temporarily unable to perform the duties of the ,officer1 the ,librarian of ,congress shall1 upon recommendation of1 and in consultation with1 the ,register of ,copyrights1 act expeditiously to appoint an interim ,copyright ,claims ,officer to perform such duties during the period of such incapacity4 7#g7 ,sanction or removal ,subject to section #aejc7;b71 the ,librarian of ,congress may sanction or remove a ,copyright ,claims ,officer4 7#h7 ,administrative support ,the ,register of ,copyrights shall provide the ,copyright ,claims ,officers and ,copyright ,claims ,attorneys with necessary administrative support1 including technological facilities1 to carry out the duties of the ,officers and ,attorneys under this chapter4 7#i7 ,location of copyright claims board ,the offices and facilities of the ,copyright ,claims ,officers and ,copyright ,claims ,attorneys shall be located at the ,copyright ,office4 #aejc4 ,authority and duties of the ,copyright ,claims ,board 7a7 ,functions 7#a7 ,copyright claims officers ,subject to the provisions of this chapter and applicable regulations1 the functions of the ,copyright ,claims ,officers shall be as follows3 7,a7 ,to render determinations on the civil copyright claims1 counterclaims1 and defenses that may be brought before the ,officers under this chapter4 7,b7 ,to ensure that claims1 counterclaims1 and defenses are properly asserted and otherwise appropriate for resolution by the ,copyright ,claims ,board4 7,c7 ,to manage the proceedings before the ,officers and render rulings pertaining to the consideration of claims1 counterclaims1 and defenses1 including with respect to scheduling1 discovery1 evidentiary1 and other matters4 7,d7 ,to request1 from participants and nonparticipants in a proceeding1 the production of information and documents relevant to the resolution of a claim1 counterclaim1 or defense4 7,e7 ,to conduct hearings and conferences4 7,f7 ,to facilitate the settlement by the parties of claims and counterclaims4 7,g7 ,to-- 7i7 award monetary relief2 and 7ii7 include in the determinations of the ,officers a requirement that certain activities under section #aejd7;e77#b7 cease or be mitigated1 if the party to undertake the applicable measure has so agreed4 7,h7 ,to provide information to the public concerning the procedures and requirements of the ,copyright ,claims ,board4 7,i7 ,to maintain records of the proceedings before the ,officers1 certify official records of such proceedings as needed1 and1 as provided in section #aejf7t71 make the records in such proceedings available to the public4 7,j7 ,to carry out such other duties as are set forth in this chapter4 7,k7 ,when not engaged in performing the duties of the ,officers set forth in this chapter1 to perform such other duties as may be assigned by the ,register of ,copyrights4 7#b7 ,copyright claims attorneys ,subject to the provisions of this chapter and applicable regulations1 the functions of the ,copyright ,claims ,attorneys shall be as follows3 7,a7 ,to provide assistance to the ,copyright ,claims ,officers in the administration of the duties of those ,officers under this chapter4 7,b7 ,to provide assistance to members of the public with respect to the procedures and requirements of the ,copyright ,claims ,board4 7,c7 ,to provide information to potential claimants contemplating bringing a permissible action before the ,copyright ,claims ,board about obtaining a subpoena under section #eab7;h7 for the sole purpose of identifying a potential respondent in such an action4 7,d7 ,when not engaged in performing the duties of the ,attorneys set forth in this chapter1 to perform such other duties as may be assigned by the ,register of ,copyrights4 7b7 ,independence in determinations 7#a7 ,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 title1 judicial precedent1 and applicable regulations of the ,register of ,copyrights4 7#b7 ,consultation ,the ,copyright ,claims ,officers and ,copyright ,claims ,attorneys-- 7,a7 may consult with the ,register of ,copyrights on general issues of law2 and 7,b7 subject to section #aejf7x71 may not consult with the ,register of ,copyrights with respect to-- 7i7 the facts of any particular matter pending before the ,officers and the ,attorneys2 or 7ii7 the application of law to the facts described in clause 7i74 7#c7 ,performance appraisals ,notwithstanding any other provision of law or any regulation or policy of the ,library of ,congress or ,register of ,copyrights1 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 conduct4 7c7 ,direction by register ,subject to subsection 7b71 the ,copyright ,claims ,officers and ,copyright ,claims ,attorneys shall1 in the administration of their duties1 be under the general direction of the ,register of ,copyrights4 7d7 ,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 ,board4 7e7 ,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 ,attorney1 as the case may be1 has reason to believe that he or she has a conflict of interest4 7f7 ,ex parte communications ,except as may otherwise be permitted by applicable law1 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 ,board4 7g7 ,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 #aejh7;c7 and not under chapter #g of title #e4 #aejd4 ,nature of proceedings 7a7 ,voluntary participation ,participation in a ,copyright ,claims ,board proceeding shall be on a voluntary basis in accordance with this chapter1 and the right of any party to instead pursue a claim1 counterclaim1 or defense in a district court of the ,united ,states1 any other court1 or any other forum1 and to seek a jury trial1 shall be preserved4 ,the rights1 remedies1 and limitations under this section may not be waived except in accordance with this chapter4 7b7 ,statute of limitations 7#a7 ,in general ,a proceeding may not be maintained before the ,copyright ,claims ,board unless the proceeding is commenced1 in accordance with section #aejf7;e71 before the ,copyright ,claims ,board not later than #c years after the claim accrued4 7#b7 ,tolling ,subject to section #aejg7;a71 a proceeding commenced before the ,copyright ,claims ,board shall toll the time permitted under section #ejg7;b7 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 pending4 7c7 ,permissible claims1 counterclaims1 and defenses ,the ,copyright ,claims ,board may render determinations with respect to the following claims1 counterclaims1 and defenses1 subject to such further limitations and requirements1 including with respect to particular classes of works1 as may be set forth in regulations established by the ,register of ,copyrights3 7#a7 ,a claim for infringement of an exclusive right in a copyrighted work provided under section #ajf by the legal or beneficial owner of the exclusive right at the time of the infringement for which the claimant seeks damages1 if any1 within the limitations set forth in subsection 7e77#a74 7#b7 ,a claim for a declaration of noninfringement of an exclusive right in a copyrighted work provided under section #ajf1 consistent with section #bbja of title #bh4 7#c7 ,a claim under section #eab7;f7 for misrepresentation in connection with a notification of claimed infringement or a counter notification seeking to replace removed or disabled material1 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 chapter4 7#d7 ,a counterclaim that is asserted solely against the claimant in a proceeding-- 7,a7 pursuant to which the counterclaimant seeks damages1 if any1 within the limitations set forth in subsection 7e77#a72 and 7,b7 that-- 7i7 arises under section #ajf or section #eab7;f7 and out of the same transaction or occurrence that is the subject of a claim of infringement brought under paragraph 7#a71 a claim of noninfringement brought under paragraph 7#b71 or a claim of misrepresentation brought under paragraph 7#c72 or 7ii7 arises under an agreement pertaining to the same transaction or occurrence that is the subject of a claim of infringement brought under paragraph 7#a71 if the agreement could affect the relief awarded to the claimant4 7#e7 ,a legal or equitable defense under this title or otherwise available under law1 in response to a claim or counterclaim asserted under this subsection4 7#f7 ,a single claim or multiple claims permitted under paragraph 7#a71 7#b71 or 7#c7 by #a or more claimants against #a or more respondents1 but only if all claims asserted in any #a proceeding arise out of the same allegedly infringing activity or continuous course of infringing activities and do not1 in the aggregate1 result in the recovery of such claim or claims for damages that exceed the limitations under subsection 7e77#a74 7d7 ,excluded claims ,the following claims and counterclaims are not subject to determination by the ,copyright ,claims ,board3 7#a7 ,a claim or counterclaim that is not a permissible claim or counterclaim under subsection 7c74 7#b7 ,a claim or counterclaim that has been finally adjudicated by a court of competent jurisdiction or that is pending before a court of competent jurisdiction1 unless that court has granted a stay to permit that claim or counterclaim to proceed before the ,copyright ,claims ,board4 7#c7 ,a claim or counterclaim by or against a ,federal or ,state governmental entity4 7#d7 ,a claim or counterclaim asserted against a person or entity residing outside of the ,united ,states1 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 chapter4 7e7 ,permissible remedies 7#a7 ,monetary recovery 7,a7 ,actual damages1 profits1 and statutory damages for infringement ,with respect to a claim or counterclaim for infringement of copyright1 and subject to the limitation on total monetary recovery under subparagraph 7,d71 the ,copyright ,claims ,board may award either of the following3 7i7 ,actual damages and profits determined in accordance with section #ejd7;b71 with that award taking into consideration1 in appropriate cases1 whether the infringing party has agreed to cease or mitigate the infringing activity under paragraph 7#b74 7ii7 ,statutory damages1 which shall be determined in accordance with section #ejd7;c71 subject to the following conditions3 7,i7 ,with respect to works timely registered under section #dab1 so that the works are eligible for an award of statutory damages in accordance with that section1 the statutory damages may not exceed #ae1jjj for each work infringed4 7,,ii7 ,with respect to works not timely registered under section #dab1 but eligible for an award of statutory damages under this section1 statutory damages may not exceed #g1ejj per work infringed1 or a total of #ae1jjj in any #a proceeding4 7,,iii7 ,the ,copyright ,claims ,board may not make any finding that1 or consider whether1 the infringement was committed willfully in making an award of statutory damages4 7,,iv7 ,the ,copyright ,claims ,board may consider1 as an additional factor in awarding statutory damages1 whether the infringer has agreed to cease or mitigate the infringing activity under paragraph 7#b74 7,b7 ,election of damages ,with respect to a claim or counterclaim of infringement1 at any time before final determination is rendered1 and notwithstanding the schedule established by the ,copyright ,claims ,board under section #aejf7k71 the claimant or counterclaimant shall elect-- 7i7 to recover actual damages and profits or statutory damages under subparagraph 7,a72 or 7ii7 not to recover damages4 7,c7 ,damages for other claims ,damages for claims and counterclaims other than infringement claims1 such as those brought under section #eab7;f71 shall be subject to the limitation under subparagraph 7,d74 7,d7 ,limitation on total monetary recovery ,notwithstanding any other provision of law1 a party that pursues any #a 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 #cj1jjj1 exclusive of any attorneys' fees and costs that may be awarded under section #aejf7y77#b74 7#b7 ,agreement to cease certain activity ,in a determination of the ,copyright ,claims ,board1 the ,board shall include a requirement to cease conduct if1 in the proceeding relating to the determination-- 7,a7 a party agrees-- 7i7 to cease activity that is found to be infringing1 including removing or disabling access to1 or destroying1 infringing materials2 or 7ii7 to cease sending a takedown notice or counter notice under section #eab 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 #eab7;f72 and 7,b7 the agreement described in subparagraph 7,a7 is reflected in the record for the proceeding4 7#c7 ,attorneys' fees and costs ,notwithstanding any other provision of law1 except in the case of bad faith conduct as provided in section #aejf7y77#b71 the parties to proceedings before the ,copyright ,claims ,board shall bear their own attorneys' fees and costs4 7f7 ,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 activities4 7g7 ,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 chapter1 in the interests of justice and the administration of the ,copyright ,claims ,board4 #aeje4 ,registration requirement 7a7 ,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-- 7#a7 the legal or beneficial owner of the copyright has first delivered a completed application1 a deposit1 and the required fee for registration of the copyright to the ,copyright ,office2 and 7#b7 a registration certificate has either been issued or has not been refused4 7b7 ,certificate of registration ,notwithstanding any other provision of law1 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 7a7 have been met1 except that-- 7#a7 the ,copyright ,claims ,board may not render a determination in the proceeding until-- 7,a7 a registration certificate with respect to the work has been issued by the ,copyright ,office1 submitted to the ,copyright ,claims ,board1 and made available to the other parties to the proceeding2 and 7,b7 the other parties to the proceeding have been provided an opportunity to address the registration certificate2 7#b7 if the proceeding may not proceed further because a registration certificate for the work is pending1 the proceeding shall be held in abeyance pending submission of the certificate to the ,copyright ,claims ,board1 except that1 if the proceeding is held in abeyance for more than #a year1 the ,copyright ,claims ,board may1 upon providing written notice to the parties to the proceeding1 and #cj days to the parties to respond to the notice1 dismiss the proceeding without prejudice2 and 7#c7 if the ,copyright ,claims ,board receives notice that registration with respect to the work has been refused1 the proceeding shall be dismissed without prejudice4 7c7 ,presumption ,in a case in which a registration certificate shows that registration with respect to a work was issued not later than #e years after the date of the first publication of the work1 the presumption under section #daj7;c7 shall apply in a proceeding before the ,copyright ,claims ,board1 in addition to relevant principles of law under this title4 7d7 ,regulations ,in order to ensure that actions before the ,copyright ,claims ,board proceed in a timely manner1 the ,register of ,copyrights shall establish regulations allowing the ,copyright ,office to make a decision1 on an expedited basis1 to issue or deny copyright registration for an unregistered work that is at issue before the ,board4 #aejf4 ,conduct of proceedings 7a7 ,in general 7#a7 ,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 chapter1 in addition to relevant principles of law under this title4 7#b7 ,conflicting precedent ,if it appears that there may be conflicting judicial precedent on an issue of substantive copyright law that cannot be reconciled1 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 ,states1 or1 if the action could have been brought in more than #a such jurisdiction1 the jurisdiction that the ,copyright ,claims ,board determines has the most significant ties to the parties and conduct at issue4 7b7 ,record ,the ,copyright ,claims ,board shall maintain records documenting the proceedings before the ,board4 7c7 ,centralized process ,proceedings before the ,copyright ,claims ,board shall-- 7#a7 be conducted at the offices of the ,copyright ,claims ,board without the requirement of in-person appearances by parties or others2 and 7#b7 take place by means of written submissions1 hearings1 and conferences carried out through internet-based applications and other telecommunications facilities1 except that1 in cases in which physical or other nontestimonial evidence material to a proceeding cannot be furnished to the ,copyright ,claims ,board through available telecommunications facilities1 the ,copyright ,claims ,board may make alternative arrangements for the submission of such evidence that do not prejudice any other party to the proceeding4 7d7 ,representation ,a party to a proceeding before the ,copyright ,claims ,board may be1 but is not required to be1 represented by-- 7#a7 an attorney2 or 7#b7 a law student who is qualified under applicable law governing representation by law students of parties in legal proceedings and who provides such representation on a pro bono basis4 7e7 ,commencement of proceeding ,in order to commence a proceeding under this chapter1 a claimant shall1 subject to such additional requirements as may be prescribed in regulations established by the ,register of ,copyrights1 file a claim with the ,copyright ,claims ,board1 that-- 7#a7 includes a statement of material facts in support of the claim2 7#b7 is certified under subsection 7y77#a72 and 7#c7 is accompanied by a filing fee in such amount as may be prescribed in regulations established by the ,register of ,copyrights4 7f7 ,review of claims and counterclaims 7#a7 ,claims ,upon the filing of a claim under subsection 7e71 the claim shall be reviewed by a ,copyright ,claims ,attorney to ensure that the claim complies with this chapter and applicable regulations1 subject to the following3 7,a7 ,if the claim is found to comply1 the claimant shall be notified regarding that compliance and instructed to proceed with service of the claim under subsection 7g74 7,b7 ,if the claim is found not to comply1 the claimant shall be notified that the claim is deficient and be permitted to file an amended claim not later than #cj days after the date on which the claimant receives the notice1 without the requirement of an additional filing fee4 ,if the claimant files a compliant claim within that #cj-;day period1 the claimant shall be so notified and be instructed to proceed with service of the claim4 ,if the claim is refiled within that #cj-;day period and still fails to comply1 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 #cj days after the date of that second notice1 without the requirement of an additional filing fee4 ,if the claim is refiled again within that second #cj-;day period and is compliant1 the claimant shall be so notified and shall be instructed to proceed with service of the claim1 but if the claim still fails to comply1 upon confirmation of such noncompliance by a ,copyright ,claims ,officer1 the proceeding shall be dismissed without prejudice4 ,the ,copyright ,claims ,board shall also dismiss without prejudice any proceeding in which a compliant claim is not filed within the applicable #cj-;day period4 7,c7 7i7 ,subject to clause 7ii71 for purposes of this paragraph1 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 7b71 7c71 or 7d7 of section #eab shall be considered noncompliant unless the claimant affirms in the statement required under subsection 7e77#a7 of this section that the claimant has previously notified the service provider of the claimed infringement in accordance with subsection 7b77#b77;,e71 7c77#c71 or 7d77#c7 of section #eab1 as applicable1 and the service provider failed to remove or disable access to the material expeditiously upon the provision of such notice4 7ii7 ,if a claim is found to be noncompliant under clause 7i71 the ,copyright ,claims ,board shall provide the claimant with information concerning the service of such a notice under the applicable provision of section #eab4 7#b7 ,counterclaims ,upon the filing and service of a counterclaim1 the counterclaim shall be reviewed by a ,copyright ,claims ,attorney to ensure that the counterclaim complies with the provisions of this chapter and applicable regulations4 ,if the counterclaim is found not to comply1 the counterclaimant and the other parties to the proceeding shall be notified that the counterclaim is deficient1 and the counterclaimant shall be permitted to file and serve an amended counterclaim not later than #cj days after the date of such notice4 ,if the counterclaimant files and serves a compliant counterclaim within that #cj-;day period1 the counterclaimant and such other parties shall be so notified4 ,if the counterclaim is refiled and served within that #cj-;day period but still fails to comply1 the counterclaimant and such other parties shall again be notified that the counterclaim is deficient1 and the counterclaimant shall be provided a second opportunity to amend the counterclaim not later than #cj days after the date of the second notice4 ,if the counterclaim is refiled and served again within that second #cj-;day period and is compliant1 the counterclaimant and such other parties shall be so notified1 but if the counterclaim still fails to comply1 upon confirmation of such noncompliance by a ,copyright ,claims ,officer1 the counterclaim1 but not the proceeding1 shall be dismissed without prejudice4 7#c7 ,dismissal for unsuitability ,the ,copyright ,claims ,board shall dismiss a claim or counterclaim without prejudice if1 upon reviewing the claim or counterclaim1 or at any other time in the proceeding1 the ,copyright ,claims ,board concludes that the claim or counterclaim is unsuitable for determination by the ,copyright ,claims ,board1 including on account of any of the following3 7,a7 ,the failure to join a necessary party4 7,b7 ,the lack of an essential witness1 evidence1 or expert testimony4 7,c7 ,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 ,board4 7g7 ,service of notice and claims ,in order to proceed with a claim against a respondent1 a claimant shall1 not later than #ij days after receiving notification under subsection 7f7 to proceed with service1 file with the ,copyright ,claims ,board proof of service on the respondent4 ,in order to effectuate service on a respondent1 the claimant shall cause notice of the proceeding and a copy of the claim to be served on the respondent1 either by personal service or pursuant to a waiver of personal service1 as prescribed in regulations established by the ,register of ,copyrights4 ,such regulations shall include the following requirements3 7#a7 ,the notice of the proceeding shall adhere to a prescribed form and shall set forth the nature of the ,copyright ,claims ,board and proceeding1 the right of the respondent to opt out1 and the consequences of opting out and not opting out1 including a prominent statement that1 by not opting out within #fj days after receiving the notice1 the respondent-- 7,a7 loses the opportunity to have the dispute decided by a court created under article ,,iii of the ,constitution of the ,united ,states2 and 7,b7 waives the right to a jury trial regarding the dispute4 7#b7 ,the copy of the claim served on the respondent shall be the same as the claim that was filed with the ,copyright ,claims ,board4 7#c7 ,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 #ah years of age4 7#d7 ,an individual1 other than a minor or incompetent individual1 may be served by-- 7,a7 complying with ,state law for serving a summons in an action brought in courts of general jurisdiction in the ,state where service is made2 7,b7 delivering a copy of the notice and claim to the individual personally2 7,c7 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 there2 or 7,d7 delivering a copy of the notice and claim to an agent designated by the respondent to receive service of process or1 if not so designated1 an agent authorized by appointment or by law to receive service of process4 7#e7 7,a7 ,a corporation1 partnership1 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 agent4 ,if such service agent has not been designated1 service shall be accomplished-- 7i7 by complying with ,state law for serving a summons in an action brought in courts of general jurisdiction in the ,state where service is made2 or 7ii7 by delivering a copy of the notice and claim to an officer1 a managing or general agent1 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 and1 if the agent is one authorized by statute and the statute so requires1 by also mailing a copy of the notice and claim to the respondent4 7,b7 ,a corporation1 partnership1 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 regulation4 ,the ,register of ,copyrights shall maintain a current directory of service agents that is available to the public for inspection1 including through the internet1 and may require such corporations1 partnerships1 and unincorporated associations designating such service agents to pay a fee to cover the costs of maintaining the directory4 7#f7 ,in order to request a waiver of personal service1 the claimant may notify a respondent1 by first class mail or by other reasonable means1 that a proceeding has been commenced1 such notice to be made in accordance with regulations established by the ,register of ,copyrights1 subject to the following3 7,a7 ,any such request shall be in writing1 shall be addressed to the respondent1 and shall be accompanied by a prescribed notice of the proceeding1 a copy of the claim as filed with the ,copyright ,claims ,board1 a prescribed form for waiver of personal service1 and a prepaid or other means of returning the form without cost4 7,b7 ,the request shall state the date on which the request is sent1 and shall provide the respondent a period of #cj days1 beginning on the date on which the request is sent1 to return the waiver form signed by the respondent4 ,the signed waiver form shall1 for purposes of this subsection1 constitute acceptance and proof of service as of the date on which the waiver is signed4 7#g7 7,a7 ,a respondent's waiver of personal service shall not constitute a waiver of the respondent's right to opt out of the proceeding4 7,b7 ,a respondent who timely waives personal service under paragraph 7#f7 and does not opt out of the proceeding shall be permitted a period of #cj days1 in addition to the period otherwise permitted under the applicable procedures of the ,copyright ,claims ,board1 to submit a substantive response to the claim1 including any defenses and counterclaims4 7#h7 ,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 made4 7#i7 ,service of a claim and waiver of personal service may only be effected within the ,united ,states4 7h7 ,notification by ,copyright ,claims ,board ,the ,register of ,copyrights shall establish regulations providing for a written notification to be sent by1 or on behalf of1 the ,copyright ,claims ,board to notify the respondent of a pending proceeding against the respondent1 as set forth in those regulations1 which shall-- 7#a7 include information concerning the respondent's right to opt out of the proceeding1 the consequences of opting out and not opting out1 and a prominent statement that1 by not opting out within #fj days after the date of service under subsection 7g71 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 dispute2 and 7#b7 be in addition to1 and separate and apart from1 the notice requirements under subsection 7g74 7i7 ,opt-,out procedure ,upon being properly served with a notice and claim1 a respondent who chooses to opt out of the proceeding shall have a period of #fj days1 beginning on the date of service1 in which to provide written notice of such choice to the ,copyright ,claims ,board1 in accordance with regulations established by the ,register of ,copyrights4 ,if proof of service has been filed by the claimant and the respondent does not submit an opt-out notice to the ,copyright ,claims ,board within that #fj-;day period1 the proceeding shall be deemed an active proceeding and the respondent shall be bound by the determination in the proceeding to the extent provided under section #aejg7;a74 ,if the respondent opts out of the proceeding during that #fj-;day period1 the proceeding shall be dismissed without prejudice1 except that1 in exceptional circumstances and upon written notice to the claimant1 the ,copyright ,claims ,board may extend that #fj-;day period in the interests of justice4 7j7 ,service of other documents ,documents submitted or relied upon in a proceeding1 other than the notice and claim1 shall be served in accordance with regulations established by the ,register of ,copyrights4 7k7 ,scheduling ,upon confirmation that a proceeding has become an active proceeding1 the ,copyright ,claims ,board shall issue a schedule for the future conduct of the proceeding4 ,the schedule shall not specify a time that a claimant or counterclaimant is required make an election of damages that is inconsistent with section #aejd7;e74 ,a schedule issued by the ,copyright ,claims ,board may be amended by the ,copyright ,claims ,board in the interests of justice4 7l7 ,conferences ,one or more ,copyright ,claims ,officers may hold a conference to address case management or discovery issues in a proceeding1 which shall be noted upon the record of the proceeding and may be recorded or transcribed4 7m7 ,party submissions ,a proceeding of the ,copyright ,claims ,board may not include any formal motion practice1 except that1 subject to applicable regulations and procedures of the ,copyright ,claims ,board-- 7#a7 the parties to the proceeding may make requests to the ,copyright ,claims ,board to address case management and discovery matters1 and submit responses thereto2 and 7#b7 the ,copyright ,claims ,board may request or permit parties to make submissions addressing relevant questions of fact or law1 or other matters1 including matters raised sua sponte by the ,copyright ,claims ,officers1 and offer responses thereto4 7n7 ,discovery ,discovery in a proceeding shall be limited to the production of relevant information and documents1 written interrogatories1 and written requests for admission1 as provided in regulations established by the ,register of ,copyrights1 except that-- 7#a7 upon the request of a party1 and for good cause shown1 the ,copyright ,claims ,board may approve additional relevant discovery1 on a limited basis1 in particular matters1 and may request specific information and documents from participants in the proceeding and voluntary submissions from nonparticipants1 consistent with the interests of justice2 7#b7 upon the request of a party1 and for good cause shown1 the ,copyright ,claims ,board may issue a protective order to limit the disclosure of documents or testimony that contain confidential information2 and 7#c7 after providing notice and an opportunity to respond1 and upon good cause shown1 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 facts4 7o7 ,evidence ,the ,copyright ,claims ,board may consider the following types of evidence in a proceeding1 and such evidence may be admitted without application of formal rules of evidence3 7#a7 ,documentary and other nontestimonial evidence that is relevant to the claims1 counterclaims1 or defenses in the proceeding4 7#b7 ,testimonial evidence1 submitted under penalty of perjury in written form or in accordance with subsection 7p71 limited to statements of the parties and nonexpert witnesses1 that is relevant to the claims1 counterclaims1 and defenses in a proceeding1 except that1 in exceptional cases1 expert witness testimony or other types of testimony may be permitted by the ,copyright ,claims ,board for good cause shown4 7p7 ,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 proceeding1 including oral testimony1 subject to the following3 7#a7 ,any such hearing shall be attended by not fewer than #b of the ,copyright ,claims ,officers4 7#b7 ,the hearing shall be noted upon the record of the proceeding and1 subject to paragraph 7#c71 may be recorded or transcribed as deemed necessary by the ,copyright ,claims ,board4 7#c7 ,a recording or transcript of the hearing shall be made available to any ,copyright ,claims ,officer who is not in attendance4 7q7 ,voluntary dismissal 7#a7 ,by claimant ,upon the written request of a claimant that is received before a respondent files a response to the claim in a proceeding1 the ,copyright ,claims ,board shall dismiss the proceeding1 or a claim or respondent1 as requested1 without prejudice4 7#b7 ,by counterclaimant ,upon written request of a counterclaimant that is received before a claimant files a response to the counterclaim1 the ,copyright ,claims ,board shall dismiss the counterclaim1 such dismissal to be without prejudice4 7#c7 ,class actions ,any party in an active proceeding before the ,copyright ,claims ,board who receives notice of a pending or putative class action1 arising out of the same transaction or occurrence1 in which that party is a class member may request in writing dismissal of the proceeding before the ,board4 ,upon notice to all claimants and counterclaimants1 the ,copyright ,claims ,board shall dismiss the proceeding without prejudice4 7r7 ,settlement 7#a7 ,in general ,at any time in an active proceeding1 some or all of the parties may-- 7,a7 jointly request a conference with a ,copyright ,claims ,officer for the purpose of facilitating settlement discussions2 or 7,b7 submit to the ,copyright ,claims ,board an agreement providing for settlement and dismissal of some or all of the claims and counterclaims in the proceeding4 7#b7 ,additional request ,a submission under paragraph 7#a77;,b7 may include a request that the ,copyright ,claims ,board adopt some or all of the terms of the parties' settlement in a final determination in the proceeding4 7s7 ,factual findings ,subject to subsection 7n77#c71 the ,copyright ,claims ,board shall make factual findings based upon a preponderance of the evidence4 7t7 ,determinations 7#a7 ,nature and contents ,a determination rendered by the ,copyright ,claims ,board in a proceeding shall-- 7,a7 be reached by a majority of the ,copyright ,claims ,board2 7,b7 be in writing1 and include an explanation of the factual and legal basis of the determination2 7,c7 set forth any terms by which a respondent or counterclaim respondent has agreed to cease infringing activity under section #aejd7;e77#b72 7,d7 to the extent requested under subsection 7r77#b71 set forth the terms of any settlement agreed to under subsection 7r77#a72 and 7,e7 include a clear statement of all damages and other relief awarded1 including under subparagraphs 7,c7 and 7,d74 7#b7 ,dissent ,a ,copyright ,claims ,officer who dissents from a decision contained in a determination under paragraph 7#a7 may append a statement setting forth the grounds for that dissent4 7#c7 ,publication ,each final determination of the ,copyright ,claims ,board shall be made available on a publicly accessible website4 ,the ,register shall establish regulations with respect to the publication of other records and information relating to such determinations1 including the redaction of records to protect confidential information that is the subject of a protective order under subsection 7n77#b74 7#d7 ,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 #eeb7;b77#c7 of title #e1 except for determinations1 records1 and information published under paragraph 7#c74 7u7 ,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 proceeding1 as demonstrated by the respondent's failure1 without justifiable cause1 to meet #a or more deadlines or requirements set forth in the schedule adopted by the ,copyright ,claims ,board under subsection 7k71 the ,copyright ,claims ,board may enter a default determination1 including the dismissal of any counterclaim asserted by the respondent1 as follows and in accordance with such other requirements as the ,register of ,copyrights may establish by regulation3 7#a7 ,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 and1 upon review of such evidence and any other requested submissions from the claimant1 shall determine whether the materials so submitted are sufficient to support a finding in favor of the claimant under applicable law and1 if so1 the appropriate relief and damages1 if any1 to be awarded4 7#b7 ,if the ,copyright ,claims ,board makes an affirmative determination under paragraph 7#a71 the ,copyright ,claims ,board shall prepare a proposed default determination1 and shall provide written notice to the respondent at all addresses1 including email addresses1 reflected in the records of the proceeding before the ,copyright ,claims ,board1 of the pendency of a default determination by the ,copyright ,claims ,board and of the legal significance of such determination4 ,such notice shall be accompanied by the proposed default determination and shall provide that the respondent has a period of #cj days1 beginning on the date of the notice1 to submit any evidence or other information in opposition to the proposed default determination4 7#c7 ,if the respondent responds to the notice provided under paragraph 7#b7 within the #cj-;day period provided in such paragraph1 the ,copyright ,claims ,board shall consider the respondent's submissions and1 after allowing the other parties to address such submissions1 maintain1 or amend its proposed determination as appropriate1 and the resulting determination shall not be a default determination4 7#d7 ,if the respondent fails to respond to the notice provided under paragraph 7#b71 the ,copyright ,claims ,board shall proceed to issue the default determination as a final determination4 ,thereafter1 the respondent may only challenge such determination to the extent permitted under section #aejh7;c71 except that1 before any additional proceedings are initiated under section #aejh1 the ,copyright ,claims ,board may1 in the interests of justice1 vacate the default determination4 7v7 ,claimant's failure ,to proceed 7#a7 ,failure to complete service ,if a claimant fails to complete service on a respondent within the #ij-;day period required under subsection 7g71 the ,copyright ,claims ,board shall dismiss that respondent from the proceeding without prejudice4 ,if a claimant fails to complete service on all respondents within that #ij-;day period1 the ,copyright ,claims ,board shall dismiss the proceeding without prejudice4 7#b7 ,failure to prosecute ,if a claimant fails to proceed in an active proceeding1 as demonstrated by the claimant's failure1 without justifiable cause1 to meet #a or more deadlines or requirements set forth in the schedule adopted by the ,copyright ,claims ,board under subsection 7k71 the ,copyright ,claims ,board may1 upon providing written notice to the claimant and a period of #cj days1 beginning on the date of the notice1 to respond to the notice1 and after considering any such response1 issue a determination dismissing the claimant's claims1 which shall include an award of attorneys' fees and costs1 if appropriate1 under subsection 7y77#b74 ,thereafter1 the claimant may only challenge such determination to the extent permitted under section #aejh7;c71 except that1 before any additional proceedings are initiated under section #aejh1 the ,copyright ,claims ,board may1 in the interests of justice1 vacate the determination of dismissal4 7w7 ,request for reconsideration ,a party may1 not later than #cj days after the date on which the ,copyright ,claims ,board issues a final determination in a proceeding under this chapter1 submit a written request for reconsideration of1 or an amendment to1 such determination if the party identifies a clear error of law or fact material to the outcome1 or a technical mistake4 ,after providing the other parties an opportunity to address such request1 the ,copyright ,claims ,board shall either deny the request or issue an amended final determination4 7x7 ,review by ,register ,if the ,copyright ,claims ,board denies a party a request for reconsideration of a final determination under subsection 7w71 that party may1 not later than #cj days after the date of such denial1 request review of the final determination by the ,register of ,copyrights in accordance with regulations established by the ,register4 ,such request shall be accompanied by a reasonable filing fee1 as provided in such regulations4 ,the review by the ,register shall be limited to consideration of whether the ,copyright ,claims ,board abused its discretion in denying reconsideration of the determination4 ,after providing the other parties an opportunity to address the request1 the ,register shall either deny the request for review1 or remand the proceeding to the ,copyright ,claims ,board for reconsideration of issues specified in the remand and for issuance of an amended final determination4 ,such amended final determination shall not be subject to further consideration or review1 other than under section #aejh7;c74 7y7 ,conduct of parties and attorneys 7#a7 ,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 ,board4 7#b7 ,bad faith conduct ,notwithstanding any other provision of law1 in any proceeding in which a determination is rendered and it is established that a party pursued a claim1 counterclaim1 or defense for a harassing or other improper purpose1 or without a reasonable basis in law or fact1 then1 unless inconsistent with the interests of justice1 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 #e1jjj1 except that-- 7,a7 if an adversely affected party appeared pro se in the proceeding1 the award to that party shall be for costs only1 in an amount of not more than #b1ejj2 and 7,b7 in extraordinary circumstances1 such as where a party has demonstrated a pattern or practice of bad faith conduct as described in this paragraph1 the ,copyright ,claims ,board may1 in the interests of justice1 award costs and attorneys' fees in excess of the limitations under this paragraph4 7#c7 ,additional penalty ,if the ,board finds that on more than #a occasion within a #ab-month period a party pursued a claim1 counterclaim1 or defense before the ,copyright ,claims ,board for a harassing or other improper purpose1 or without a reasonable basis in law or fact1 that party shall be barred from initiating a claim before the ,copyright ,claims ,board under this chapter for a period of #ab months beginning on the date on which the ,board makes such a finding4 ,any proceeding commenced by that party that is still pending before the ,board when such a finding is made shall be dismissed without prejudice1 except that if a proceeding has been deemed active under subsection 7i71 the proceeding shall be dismissed under this paragraph only if the respondent provides written consent thereto4 7z7 ,regulations for smaller claims ,the ,register of ,copyrights shall establish regulations to provide for the consideration and determination1 by not fewer than #a ,copyright ,claims ,officer1 of any claim under this chapter in which total damages sought do not exceed #e1jjj 7exclusive of attorneys' fees and costs74 ,a determination issued under this subsection shall have the same effect as a determination issued by the entire ,copyright ,claims ,board4 7aa7 ,opt-out for libraries and archives 7#a7 ,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 proceedings4 7#b7 ,procedures ,the regulations established under paragraph 7#a7 shall-- 7,a7 set forth procedures for preemptively opting out of proceedings before the ,copyright ,claims ,board2 and 7,b7 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 7,a74 7#c7 ,no fee or renewal required ,the ,register of ,copyrights may not-- 7,a7 charge a library or archives a fee to preemptively opt out of proceedings under this subsection2 or 7,b7 require a library or archives to renew a decision to preemptively opt out of proceedings under this subsection4 7#d7 ,definitions ,for purposes of this subsection1 the terms library and archives mean any library or archives1 respectively1 that qualifies for the limitations on exclusive rights under section #ajh4 #aejg4 ,effect of proceeding 7a7 ,determination ,subject to the reconsideration and review processes provided under subsections 7w7 and 7x7 of section #aejf and section #aejh7;c71 the issuance of a final determination by the ,copyright ,claims ,board in a proceeding1 including a default determination or determination based on a failure to prosecute1 shall1 solely with respect to the parties to such determination1 preclude relitigation before any court or tribunal1 or before the ,copyright ,claims ,board1 of the claims and counterclaims asserted and finally determined by the ,board1 and may be relied upon for such purpose in a future action or proceeding arising from the same specific activity or activities1 subject to the following3 7#a7 ,a determination of the ,copyright ,claims ,board shall not preclude litigation or relitigation as between the same or different parties before any court or tribunal1 or the ,copyright ,claims ,board1 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 ,board4 7#b7 ,a determination of ownership of a copyrighted work for purposes of resolving a matter before the ,copyright ,claims ,board may not be relied upon1 and shall not have any preclusive effect1 in any other action or proceeding before any court or tribunal1 including the ,copyright ,claims ,board4 7#c7 ,except to the extent permitted under this subsection and section #aejh1 any determination of the ,copyright ,claims ,board may not be cited or relied upon as legal precedent in any other action or proceeding before any court or tribunal1 including the ,copyright ,claims ,board4 7b7 ,class actions not affected 7#a7 ,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 ,states1 and section #aeji7;a7 shall not apply to a class action proceeding in a district court of the ,united ,states4 7#b7 ,notice of class action ,any party to an active proceeding before the ,copyright ,claims ,board who receives notice of a pending class action1 arising out of the same transaction or occurrence as the proceeding before the ,copyright ,claims ,board1 in which the party is a class member shall either-- 7,a7 opt out of the class action1 in accordance with regulations established by the ,register of ,copyrights2 or 7,b7 seek dismissal under section #aejf7q77#c7 of the proceeding before the ,copyright ,claims ,board4 7c7 ,other materials in proceeding ,except as permitted under this section and section #aejh1 a submission or statement of a party or witness made in connection with a proceeding before the ,copyright ,claims ,board1 including a proceeding that is dismissed1 may not be cited or relied upon in1 or serve as the basis of1 any action or proceeding concerning rights or limitations on rights under this title before any court or tribunal1 including the ,copyright ,claims ,board4 7d7 ,applicability of section #eab7;g7 ,a claim or counterclaim before the ,copyright ,claims ,board that is brought under subsection 7c77#a7 or 7c77#d7 of section #aejd1 or brought under subsection 7c77#f7 of section #aejd and that relates to a claim under subsection 7c77#a7 or 7c77#d7 of such section1 qualifies as an action seeking an order to restrain a subscriber from engaging in infringing activity under section #eab7;g77#b77;,c7 if-- 7#a7 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 #eab7;g72 and 7#b7 the claim brought alleges infringement of the material identified in the notification of claimed infringement under section #eab7;c77#a77;,c74 7e7 ,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 ,board4 7f7 ,opt-,out or dismissal of party ,if a party has timely opted out of a proceeding under section #aejf7;i7 or is dismissed from a proceeding before the ,copyright ,claims ,board issues a final determination in the proceeding1 the determination shall not be binding upon and shall have no preclusive effect with respect to that party4 #aejh4 ,review and confirmation by district court 7a7 ,in general ,in any proceeding in which a party has failed to pay damages1 or has failed otherwise to comply with the relief1 awarded in a final determination of the ,copyright ,claims ,board1 including a default determination or a determination based on a failure to prosecute1 the aggrieved party may1 not later than #a year after the date on which the final determination is issued1 any reconsideration by the ,copyright ,claims ,board or review by the ,register of ,copyrights is resolved1 or an amended final determination is issued1 whichever occurs last1 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 judgment4 ,the court shall grant such order and direct entry of judgment unless the determination is or has been vacated1 modified1 or corrected under subsection 7c74 ,if the ,united ,states ,district ,court for the ,district of ,columbia or other district court of the ,united ,states1 as the case may be1 issues an order confirming the relief awarded by the ,copyright ,claims ,board1 the court shall impose on the party who failed to pay damages or otherwise comply with the relief1 the reasonable expenses required to secure such order1 including attorneys' fees1 that were incurred by the aggrieved party4 7b7 ,filing procedures 7#a7 ,application to confirm determination ,notice of the application under subsection 7a7 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 determination1 in accordance with the procedures applicable to service of a motion in the district court of the ,united ,states where the application is made4 7#b7 ,contents of application ,the application under subsection 7a7 shall include the following3 7,a7 ,a certified copy of the final or amended final determination of the ,copyright ,claims ,board1 as reflected in the records of the ,copyright ,claims ,board1 following any process of reconsideration or review by the ,register of ,copyrights1 to be confirmed and rendered to judgment4 7,b7 ,a declaration by the applicant1 under penalty of perjury-- 7i7 that the copy is a true and correct copy of such determination2 7ii7 stating the date the determination was issued2 7iii7 stating the basis for the challenge under subsection 7c77#a72 and 7iv7 stating whether the applicant is aware of any other proceedings before the court concerning the same determination of the ,copyright ,claims ,board4 7c7 ,challenges to the determination 7#a7 ,bases for challenge ,not later than #ij days after the date on which the ,copyright ,claims ,board issues a final or amended final determination in a proceeding1 or not later than #ij days after the date on which the ,register of ,copyrights completes any process of reconsideration or review of the determination1 whichever occurs later1 a party may seek an order from a district court of the ,united ,states vacating1 modifying1 or correcting the determination of the ,copyright ,claims ,board in the following cases3 7,a7 ,if the determination was issued as a result of fraud1 corruption1 misrepresentation1 or other misconduct4 7,b7 ,if the ,copyright ,claims ,board exceeded its authority or failed to render a final determination concerning the subject matter at issue4 7,c7 ,in the case of a default determination or determination based on a failure to prosecute1 if it is established that the default or failure was due to excusable neglect4 7#b7 ,procedure to challenge 7,a7 ,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 ,board1 in accordance with the procedures applicable to service of a motion in the court where the application is made4 7,b7 ,staying of proceedings ,for purposes of an application under this subsection1 any judge who is authorized to issue an order to stay the proceedings in another action brought in the same court may issue an order1 to be served with the notice of application1 staying proceedings to enforce the award while the challenge is pending4 #aeji4 ,relationship to other district court actions 7a7 ,stay of district court proceedings ,subject to section #aejg7;b71 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 ,board4 7b7 ,alternative dispute resolution process ,a proceeding before the ,copyright ,claims ,board under this chapter shall qualify as an alternative dispute resolution process under section #fea of title #bh for purposes of referral of eligible cases by district courts of the ,united ,states upon the consent of the parties4 #aeaj4 ,implementation by ,copyright ,office 7a7 ,regulations 7#a7 ,implementation generally ,the ,register of ,copyrights shall establish regulations to carry out this chapter4 ,such regulations shall include the fees prescribed under subsections 7e7 and 7x7 of section #aejf4 ,the authority to issue such fees shall not limit the authority of the ,register of ,copyrights to establish fees for services under section #gjh4 ,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 #gjh7;d74 ,in establishing regulations under this subsection1 the ,register of ,copyrights shall provide for the efficient administration of the ,copyright ,claims ,board1 and for the ability of the ,copyright ,claims ,board to timely complete proceedings instituted under this chapter1 including by implementing mechanisms to prevent harassing or improper use of the ,copyright ,claims ,board by any party4 7#b7 ,limits on monetary relief 7,a7 ,in general ,subject to subparagraph 7,b71 not earlier than #c years after the date on which ,copyright ,claims ,board issues the first determination of the ,copyright ,claims ,board1 the ,register of ,copyrights may1 in order to further the goals of the ,copyright ,claims ,board1 conduct a rulemaking to adjust the limits on monetary recovery or attorneys' fees and costs that may be awarded under this chapter4 7,b7 ,effective date of adjustment ,any rule under subparagraph 7,a7 that makes an adjustment shall take effect at the end of the #abj-;day period beginning on the date on which the ,register of ,copyrights submits the rule to ,congress and only if ,congress does not1 during that #abj-;day period1 enact a law that provides in substance that ,congress does not approve the rule4 7b7 ,necessary facilities ,subject to applicable law1 the ,register of ,copyrights may retain outside vendors to establish internet-based1 teleconferencing1 and other facilities required to operate the ,copyright ,claims ,board4 7c7 ,fees ,any filing fees1 including the fee to commence a proceeding under section #aejf7;e71 shall be prescribed in regulations established by the ,register of ,copyrights4 ,the sum total of such filing fees shall be in an amount of not less than #ajj1 may not exceed the cost of filing an action in a district court of the ,united ,states1 and shall be fixed in amounts that further the goals of the ,copyright ,claims ,board4 #aeaa4 ,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 chapter1 including the costs of establishing and maintaining the ,copyright ,claims ,board and its facilities4 4 7c7 ,clerical amendment ,the table of chapters for title #ag1 ,united ,states ,code1 is amended by adding at the end the following3 #ae4;,copyright ,small ,claims#aeja 4 7d7 ,implementation 7#a7 ,in general ,except as provided in paragraph 7#b71 not later than #a year after the date of enactment of this ,act1 the ,copyright ,claims ,board established under section #aejb of title #ag1 ,united ,states ,code1 as added by subsection 7b7 of this section1 shall begin operations4 7#b7 ,extension ,the ,register of ,copyrights may1 for good cause1 extend the deadline under paragraph 7#a7 by not more than #ahj days if the ,register of ,copyrights provides notice of the extension to the public and to ,congress4 7e7 ,study ,not later than #c years after the date on which the ,copyright ,claims ,board issues the first determination of the ,copyright ,claims ,board under chapter #ae of title #ag1 ,united ,states ,code1 as added by subsection 7b7 of this section1 the ,register of ,copyrights shall conduct1 and report to ,congress on1 a study that addresses the following3 7#a7 ,the use and efficacy of the ,copyright ,claims ,board in resolving copyright claims1 including the number of proceedings the ,copyright ,claims ,board could reasonably administer4 7#b7 ,whether adjustments to the authority of the ,copyright ,claims ,board are necessary or advisable1 including with respect to-- 7,a7 eligible claims1 such as claims under section #abjb of title #ag1 ,united ,states ,code2 and 7,b7 works and applicable damages limitations4 7#c7 ,whether greater allowance should be made to permit awards of attorneys' fees and costs to prevailing parties1 including potential limitations on such awards4 7#d7 ,potential mechanisms to assist copyright owners with small claims in ascertaining the identity and location of unknown online infringers4 7#e7 ,whether the ,copyright ,claims ,board should be expanded to offer mediation or other nonbinding alternative dispute resolution services to interested parties4 7#f7 ,such other matters as the ,register of ,copyrights believes may be pertinent concerning the ,copyright ,claims ,board4 7f7 ,severability ,if any provision of this section1 an amendment made by this section1 or the application of such provision or amendment to any person or circumstance is held to be unconstitutional1 the remainder of this section and the amendments made by this section1 and the application of the provision or the amendment to any other person or circumstance1 shall not be affected4 ,b ,trademarks #bba4 ,short title2 table of contents 7a7 ,short title ,this subtitle may be cited as the ,trademark ,modernization ,act of #bjbj or the ,,tm ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this subtitle is as follows3 ,subtitle ,b--,trademarks ,sec4 #bba4 ,short title2 table of contents4 ,sec4 #bbb4 ,definitions4 ,sec4 #bbc4 ,providing for third-party submission of evidence during examination4 ,sec4 #bbd4 ,providing for flexible response periods4 ,sec4 #bbe4 ,ex parte expungement2 ex parte reexamination2 new grounds for cancellation4 ,sec4 #bbf4 ,rebuttable presumption of irreparable harm4 ,sec4 #bbg4 ,report on decluttering initiatives4 ,sec4 #bbh4 ,amendments to confirm authority of the ,director4 #bbb4 ,definitions ,in this subtitle3 7#a7 ,director ,the term ,director means the ,under ,secretary of ,commerce for ,intellectual ,property and ,director of the ,united ,states ,patent and ,trademark ,office4 7#b7 ,trademark ,act of #aidf ,the term ,trademark ,act of #aidf means the ,act entitled ,an ,act to provide for the registration and protection of trademarks used in commerce1 to carry out the provisions of certain international conventions1 and for other purposes1 approved ,july #e1 #aidf 7#ae ,u4,s4,c4 #ajea et4 seq7 7commonly referred to as the ,trademark ,act of #aidf or the ,lanham ,act74 #bbc4 ,providing for third-party submission of evidence during examination 7a7 ,amendment ,section #a of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajea7 is amended by adding at the end the following3 7f7 ,a third party may submit for consideration for inclusion in the record of an application evidence relevant to a ground for refusal of registration4 ,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 refusal4 ,not later than #b months after the date on which the submission is filed1 the ,director shall determine whether the evidence should be included in the record of the application4 ,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 submission4 ,if the ,director determines that the third-party evidence should be included in the record of the application1 only the evidence and the ground for refusal to which the evidence relates may be so included4 ,any determination by the ,director whether or not to include evidence in the record of an application shall be final and non-reviewable1 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 proceeding4 4 7b7 ,deadline for procedures ,not later than #a year after the date of enactment of this ,act1 the ,director shall establish the appropriate procedures described in section #a7;f7 of the ,trademark ,act of #aidf1 as added by subsection 7a74 7c7 ,effective date ,the amendment made by subsection 7a7 shall take effect #a year after the date of enactment of this ,act4 #bbd4 ,providing for flexible response periods ,section #ab7;b7 of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajfb7;b77 is amended to read as follows3 7b7 7#a7 ,if the applicant is found not entitled to registration1 the examiner shall notify the applicant thereof and of the reasons therefor4 ,the applicant may reply or amend the application1 which shall then be reexamined4 ,this procedure may be repeated until the examiner finally refuses registration of the mark or the application is abandoned as described in paragraph 7#b74 7#b7 ,after notification under paragraph 7#a71 the applicant shall have a period of #f months in which to reply or amend the application1 or such shorter time that is not less than #fj days1 as prescribed by the ,director by regulation4 ,if the applicant fails to reply or amend or appeal within the relevant time period1 including any extension under paragraph 7#c71 the application shall be deemed to have been abandoned1 unless it can be shown to the satisfaction of the ,director that the delay in responding was unintentional1 in which case the application may be revived and such time may be extended4 ,the ,director may prescribe a fee to accompany any request to revive4 7#c7 ,the ,director shall provide1 by regulation1 for extensions of time to respond to the examiner for any time period under paragraph 7#b7 that is less than #f months4 ,the ,director shall allow the applicant to obtain extensions of time to reply or amend aggregating #f months from the date of notification under paragraph 7#a7 when the applicant so requests4 ,however1 the ,director may set by regulation the time for individual periods of extension1 and prescribe a fee1 by regulation1 for any extension request4 ,any request for extension shall be filed on or before the date on which a reply or amendment is due under paragraph 7#a74 4 #bbe4 ,ex parte expungement2 ex parte reexamination2 new grounds for cancellation 7a7 ,ex parte expungement ,the ,trademark ,act of #aidf is amended by inserting after section #af 7#ae ,u4,s4,c4 #ajff7 the following3 #af;,a4 ,ex parte expungement 7a7 ,petition ,notwithstanding sections #g7;b7 and #bb1 and subsections 7a7 and 7b7 of section #cc1 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 registration4 7b7 ,contents of petition ,a petition filed under subsection 7a71 together with any supporting documents1 shall-- 7#a7 identify the registration that is the subject of the petition2 7#b7 identify each good or service recited in the registration for which it is alleged that the mark has never been used in commerce2 7#c7 include a verified statement that sets forth-- 7,a7 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 petition2 and 7,b7 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 services2 7#d7 include any supporting evidence on which the petitioner relies2 and 7#e7 be accompanied by the fee prescribed by the ,director4 7c7 ,initial determination2 institution 7#a7 ,prima facie case determination1 institution1 and notification ,the ,director shall1 for each good or service identified under subsection 7b77#b71 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 service1 institute an ex parte expungement proceeding for each good or service for which the ,director determines that a prima facie case has been set forth1 and provide a notice to the registrant and petitioner of the determination of whether or not the proceeding was instituted4 ,such notice shall include a copy of the petition and any supporting documents and evidence that were included with the petition4 7#b7 ,reasonable investigation guidance ,the ,director shall promulgate regulations regarding what constitutes a reasonable investigation under subsection 7b77#c7 and the general types of evidence that could support a prima facie case that a mark has never been used in commerce1 but the ,director shall retain the discretion to determine whether a prima facie case is set out in a particular proceeding4 7#c7 ,determination by director ,any determination by the ,director whether or not to institute a proceeding under this section shall be final and non-reviewable1 and shall not prejudice any party's right to raise any issue and rely on any evidence in any other proceeding1 except as provided in subsection 7j74 7d7 ,ex parte expungement procedures ,the procedures for ex parte expungement shall be the same as the procedures for examination under section #ab7;b71 except that the ,director shall promulgate regulations establishing and governing a proceeding under this section1 which may include regulations that-- 7#a7 set response and extension times particular to this type of proceeding1 which1 notwithstanding section #ab7;b77#c71 need not be extendable to #f months2 7#b7 set limits governing the timing and number of petitions filed for a particular registration or by a particular petitioner or real parties in interest2 and 7#c7 define the relation of a proceeding under this section to other proceedings concerning the mark4 7e7 ,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 #de1 but shall not be limited in form to that of specimens as provided in section #a7;a74 7f7 ,excusable nonuse ,during an ex parte expungement proceeding1 for a mark registered under section #dd7;e7 or an extension of protection under section #ff1 the registrant may offer evidence showing that any nonuse is due to special circumstances that excuse such nonuse4 ,in such a case1 the examiner shall determine whether the facts and evidence demonstrate excusable nonuse and shall not find that the registration should be cancelled under subsection 7g7 for any good or service for which excusable nonuse is demonstrated4 7g7 ,examiner's decision2 order to cancel ,for each good or service for which it is determined that a mark has never been used in commerce1 and for which the provisions of subsection 7f7 do not apply1 the examiner shall find that the registration should be cancelled for each such good or service4 ,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 made1 or after registration1 but before the petition to expunge was filed under subsection 7a71 or an ex parte expungement proceeding was instituted by the ,director under subsection 7h74 ,unless overturned on review of the examiner's decision1 the ,director shall issue an order cancelling the registration1 in whole or in part1 after the time for appeal has expired or any appeal proceeding has terminated4 7h7 ,ex parte expungement by the ,director 7#a7 ,in general ,the ,director may1 on the ,director's own initiative1 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 registration4 ,the ,director shall promptly notify the registrant of such determination1 at which time the ex parte expungement proceeding shall proceed according to the same procedures for ex parte expungement established pursuant to subsection 7d74 ,if the ,director determines1 based on the ,director's own initiative1 to institute an expungement proceeding1 the ,director shall transmit or make available the information that formed the basis for that determination as part of the institution notice sent to the registrant4 7#b7 ,rule of construction ,nothing in this subsection shall be construed to limit any other authority of the ,director4 7i7 ,time for institution 7#a7 ,when petition may be filed1 ex parte expungement proceeding instituted ,a petition for ex parte expungement of a registration under subsection 7a7 may be filed1 or the ,director may institute on the ,director's own initiative an ex parte expungement proceeding of a registration under subsection 7h71 at any time following the expiration of #c years after the date of registration and before the expiration of #aj years following the date of registration4 7#b7 ,exception ,notwithstanding paragraph 7#a71 for a period of #c years after the date of enactment of this section1 a petition for expungement of a registration under subsection 7a7 may be filed1 or the ,director may institute on the ,director's own initiative an ex parte expungement proceeding of a registration under subsection 7h71 at any time following the expiration of #c years after the date of registration4 7j7 ,limitation on later ex parte expungement proceedings 7#a7 ,no co-pending proceedings ,with respect to a particular registration1 while an ex parte expungement proceeding is pending1 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 proceeding4 7#b7 ,estoppel ,with respect to a particular registration1 for goods or services previously subject to an instituted expungement proceeding for which1 in that proceeding1 it was determined that the registrant had used the mark for particular goods or services1 as relevant1 and the registration was not cancelled as to those goods or services1 no further ex parte expungement proceedings may be initiated as to those goods or services1 regardless of the identity of the petitioner4 7k7 ,use in commerce requirement not altered ,nothing in this section shall affect the requirement for use in commerce of a mark registered under section #a7;a7 or #bc4 4 7b7 ,new grounds for cancellation ,section #ad of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajfd7 is amended-- 7#a7 by striking the colon at the end of paragraph 7#e7 and inserting a period2 7#b7 by inserting after paragraph 7#e7 the following3 7#f7 ,at any time after the #c-year period following the date of registration1 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 registration3 2 and 7#c7 in the flush text following paragraph 7#f71 as added by paragraph 7#b7 of this subsection1 by inserting ,nothing in paragraph 7#f7 shall be construed to limit the timing applicable to any other ground for cancellation4 ,a registration under section #dd7;e7 or #ff shall not be cancelled pursuant to paragraph 7#f7 if the registrant demonstrates that any nonuse is due to special circumstances that excuse such nonuse4 after identical certification mark is applied44 7c7 ,ex parte reexamination ,the ,trademark ,act of #aidf is amended by inserting after section #af;,a1 as added by subsection 7a71 the following3 #af;,b4 ,ex parte reexamination 7a7 ,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 date4 7b7 ,relevant date ,in this section1 the term relevant date means1 with respect to an application for the registration of a mark with an initial filing basis of-- 7#a7 section #a7;a7 and not amended at any point to be filed pursuant to section #a7;b71 the date on which the application was initially filed2 or 7#b7 section #a7;b7 or amended at any point to be filed pursuant to section #a7;b71 the date on which-- 7,a7 an amendment to allege use under section #a7;c7 was filed2 or 7,b7 the period for filing a statement of use under section #a7;d7 expired1 including all approved extensions thereof4 7c7 ,requirements for the petition ,a petition filed under subsection 7a71 together with any supporting documents1 shall-- 7#a7 identify the registration that is the subject of the petition2 7#b7 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 date2 7#c7 include a verified statement that sets forth-- 7,a7 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 date2 and 7,b7 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 services2 7#d7 include supporting evidence on which the petitioner relies2 and 7#e7 be accompanied by the fee prescribed by the ,director4 7d7 ,initial determination2 institution 7#a7 ,prima facie case determination1 institution1 and notification ,the ,director shall1 for each good or service identified under subsection 7c77#b71 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 service1 institute an ex parte reexamination proceeding for each good or service for which the ,director determines that the prima facie case has been set forth1 and provide a notice to the registrant and petitioner of the determination of whether or not the proceeding was instituted4 ,such notice shall include a copy of the petition and any supporting documents and evidence that were included with the petition4 7#b7 ,reasonable investigation guidance ,the ,director shall promulgate regulations regarding what constitutes a reasonable investigation under subsection 7c77#c7 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 date1 but the ,director shall retain discretion to determine whether a prima facie case is set out in a particular proceeding4 7#c7 ,determination by ,director ,any determination by the ,director whether or not to institute a reexamination proceeding under this section shall be final and non-reviewable1 and shall not prejudice any party's right to raise any issue and rely on any evidence in any other proceeding1 except as provided in subsection 7j74 7e7 ,reexamination procedures ,the procedures for reexamination shall be the same as the procedures established under section #ab7;b7 except that the ,director shall promulgate regulations establishing and governing a proceeding under this section1 which may include regulations that-- 7#a7 set response and extension times particular to this type of proceeding1 which1 notwithstanding section #ab7;b77#c71 need not be extendable to #f months2 7#b7 set limits governing the timing and number of petitions filed for a particular registration or by a particular petitioner or real parties in interest2 and 7#c7 define the relation of a reexamination proceeding under this section to other proceedings concerning the mark4 7f7 ,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 #de1 but shall not be limited in form to that of specimens as provided in section #a7;a74 7g7 ,examiner's decision2 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 date1 the examiner shall find that the registration should be cancelled for each such good or service4 ,unless overturned on review of the examiner's decision1 the ,director shall issue an order cancelling the registration1 in whole or in part1 after the time for appeal has expired or any appeal proceeding has terminated4 7h7 ,reexamination by ,director 7#a7 ,in general ,the ,director may1 on the ,director's own initiative1 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 date4 ,the ,director shall promptly notify the registrant of such determination1 at which time reexamination shall proceed according to the same procedures established pursuant to subsection 7e74 ,if the ,director determines1 based on the ,director's own initiative1 to institute an ex parte reexamination proceeding1 the ,director shall transmit or make available the information that formed the basis for that determination as part of the institution notice4 7#b7 ,rule of construction ,nothing in this subsection shall be construed to limit any other authority of the ,director4 7i7 ,time for institution ,a petition for ex parte reexamination may be filed1 or the ,director may institute on the ,director's own initiative an ex parte reexamination proceeding1 at any time not later than #e years after the date of registration of a mark registered based on use in commerce4 7j7 ,limitation on later ex parte reexamination proceedings 7#a7 ,no co-pending proceedings ,with respect to a particular registration1 while an ex parte reexamination proceeding is pending1 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 proceeding4 7#b7 ,estoppel ,with respect to a particular registration1 for any goods or services previously subject to an instituted ex parte reexamination proceeding for which1 in that proceeding1 it was determined that the registrant had used the mark for particular goods or services before the relevant date1 and the registration was not cancelled as to those goods or services1 no further ex parte reexamination proceedings may be initiated as to those goods or services1 regardless of the identity of the petitioner4 7k7 ,supplemental register ,the provisions of subsection 7b7 apply1 as appropriate1 to registrations under section #bc4 ,nothing in this section shall be construed to limit the timing of a cancellation action under section #bd4 4 7d7 ,appeal 7#a7 ,appeal to trademark trial and appeal board ,section #bj of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajgj7 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 marks4 7#b7 ,appeal to courts 7,a7 ,expungement or ex parte reexamination ,section #ba7;a77#a7 of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajga7;a77#a77 is amended by striking or an applicant for renewal and inserting the following3 an applicant for renewal1 or a registrant subject to an ex parte expungement proceeding or an ex parte reexamination proceeding4 7,b7 ,exception ,section #ba7;b77#a7 of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajga7;b77#a77 is amended by inserting 1 except for a registrant subject to an ex parte expungement proceeding or an ex parte reexamination proceeding1 before is dissatisfied4 7e7 ,technical and conforming amendments ,the ,trademark ,act of #aidf is amended-- 7#a7 in section #ae 7#ae ,u4,s4,c4 #ajfe71 by striking paragraphs 7#c7 and 7#e7 and inserting paragraphs 7#c71 7#e71 and 7#f72 and 7#b7 in section #bf 7#ae ,u4,s4,c4 #ajid71 by adding at the end the following3 ,registrations on the supplemental register shall be subject to ex parte expungement and ex parte reexamination under sections #af;,a and #af;,b1 respectively44 7f7 ,deadline for procedures ,not later than #a year after the date of enactment of this ,act1 the ,director shall issue regulations to carry out sections #af;,a and #af;,b of the ,trademark ,act of #aidf1 as added by subsections 7a7 and 7c74 7g7 ,effective date ,the amendments made by this section shall take effect upon the expiration of the #a-year period beginning on the date of enactment of this ,act1 and shall apply to any mark registered before1 on1 or after that effective date4 #bbf4 ,rebuttable presumption of irreparable harm 7a7 ,amendment ,section #cd7;a7 of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #aaaf7;a77 is amended by inserting after the first sentence the following3 ,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 order44 7b7 ,rule of construction ,the amendment made by subsection 7a7 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 ,act4 #bbg4 ,report on decluttering initiatives 7a7 ,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 #ab months after the date of enactment of this ,act and ending #cj months after the date of enactment of this ,act to address inaccurate and false claims of use in trademark applications and registrations4 ,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 #de of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #aabg7 or the regulations relevant to the definition of specimens under section #a of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajea71 as applicable4 7b7 ,contents of study ,in conducting the study under subsection 7a71 the ,comptroller ,general shall assess the following3 7#a7 ,with respect to sections #af;,a and #af;,b of the ,trademark ,act of #aidf1 as added by section #bbe-- 7,a7 the number of petitions filed under each such section for which a decision not to institute was issued2 7,b7 the number of petitions filed under each such section for which a decision to institute was issued2 7,c7 the number of in-process and completed proceedings instituted under each such section1 including any proceedings instituted by the ,director's own initiative2 7,d7 the average time taken to resolve proceedings instituted under each such section1 including the average time between-- 7i7 the filing of a petition under each such section and an examiner's final decision under section #af;,a7g7 and #af;,b7g71 or the last decision issued by the examiner if the registrant failed to respond to the latest-in-time decision by the examiner2 and 7ii7 the institution of a proceeding under each such section1 including any proceedings instituted by the ,director's own initiative1 and an examiner's final decision under section #af;,a7g7 and #af;,b7g71 or the last decision issued by the examiner if the registrant failed to respond to the latest-in-time decision by the examiner2 7,e7 the number of appeals of decisions of examiners to the ,trademark ,trial and ,appeal ,board and to the courts for each such proceeding2 and 7,f7 an accounting of the final outcome of each such proceeding instituted by identifying the number of goods or services for which such proceedings were instituted1 and the number of goods or services for each involved registration that were cancelled pursuant to such proceedings4 7#b7 ,with respect to section #a7;f7 of the ,trademark ,act of #aidf1 as added by section #bbc-- 7,a7 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 commerce2 and 7,b7 of the applications identified in subparagraph 7,a71 the number of applications in which the third-party submission evidence is included in the application2 and 7,c7 of those applications identified in subparagraph 7,b71 the number of applications-- 7i7 refused registration based on an assertion by the examiner that the mark has not been used in commerce2 and 7ii7 for which the examiner requested additional information from the applicant related to claims of use4 7#c7 ,the effectiveness of-- 7,a7 the proceedings under sections #af;,a and #af;,b of the ,trademark ,act of #aidf1 as added by section #bbe1 in addressing inaccurate and false claims of use in trademark registrations2 and 7,b7 any additional programs conducted by the ,director designed to address inaccurate and false claims of use in trademark applications and registrations1 including the post-registration use audit1 as implemented as of the date of enactment of this ,act under sections #b4afa7;h7 and #g4cg7;h7 of title #cg1 ,code of ,federal ,regulations4 7c7 ,report to ,congress ,not later than #c years after the date of enactment of this ,act1 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-- 7#a7 on the results of the study conducted under this section2 and 7#b7 that includes any recommendations1 based on the results of the study1 for any changes to laws or regulations that will improve the integrity of the trademark register or reduce inaccurate or false claims of use4 #bbh4 ,amendments to confirm authority of the ,director 7a7 ,amendments 7#a7 ,section #ah of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajfh7 is amended by inserting after established in the proceedings the following3 4 ,the authority of the ,director under this section includes the authority to reconsider1 and modify or set aside1 a decision of the ,trademark ,trial and ,appeal ,board4 7#b7 ,section #bj of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajgj7 is amended by adding at the end the following3 ,the ,director may reconsider1 and modify or set aside1 a decision of the ,trademark ,trial and ,appeal ,board under this section44 7#c7 ,section #bd of the ,trademark ,act of #aidf 7#ae ,u4,s4,c4 #ajib7 is amended by inserting after shall be canceled by the ,director the following3 1 unless the ,director reconsiders the decision of the ,board1 and modifies or sets aside1 such decision4 7b7 ,rules of construction 7#a7 ,authority before date of enactment ,the amendments made by subsection 7a7 shall not be construed to mean that the ,director lacked the authority to reconsider1 and modify or set aside1 a decision of the ,trademark ,trial and ,appeal ,board before the date of enactment of this ,act4 7#b7 ,authority with respect to particular decisions ,the amendments made by subsection 7a7 shall not be construed to require the ,director to reconsider1 modify1 or set aside any particular decision of the ,trademark ,trial and ,appeal ,board4 ,r ,,protecting ,,our ,,infrastructure ,,of ,,pipelines ,,and ,,enhancing ,,safety ,,act ,,of #bjbj #a4 ,short title2 table of contents 7a7 ,short title ,this division may be cited as the ,protecting our ,infrastructure of ,pipelines and ,enhancing ,safety ,act of #bjbj or the ,,pipes ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,,title ,i--,improving pipeline safety and infrastructure ,sec4 #aja4 ,authorization of appropriations4 ,sec4 #ajb4 ,pipeline workforce development4 ,sec4 #ajc4 ,cost recovery and fees for facility reviews4 ,sec4 #ajd4 ,advancement of new pipeline safety technologies and approaches4 ,sec4 #aje4 ,pipeline safety testing enhancement study4 ,sec4 #ajf4 ,regulatory updates4 ,sec4 #ajg4 ,self-disclosure of violations4 ,sec4 #ajh4 ,due process protections in enforcement proceedings4 ,sec4 #aji4 ,pipeline operating status4 ,sec4 #aaj4 ,updates to standards for liquefied natural gas facilities4 ,sec4 #aaa4 ,national ,center of ,excellence for ,liquefied ,natural ,gas ,safety4 ,sec4 #aab4 ,prioritization of rulemaking4 ,sec4 #aac4 ,leak detection and repair4 ,sec4 #aad4 ,inspection and maintenance plans4 ,sec4 #aae4 ,consideration of pipeline class location changes4 ,sec4 #aaf4 ,protection of employees providing pipeline safety information4 ,sec4 #aag4 ,interstate drug and alcohol oversight4 ,sec4 #aah4 ,purpose and general authority4 ,sec4 #aai4 ,national ,academy of ,sciences study on automatic and remote-controlled shut-off valves on existing pipelines4 ,sec4 #abj4 ,unusually sensitive areas4 ,sec4 #aba4 ,safety-related condition reports4 ,sec4 #abb4 ,risk analysis and integrity management programs4 ,sec4 #abc4 ,rule of construction4 ,,title ,,ii--,leonel ,rondon ,pipeline ,safety ,act ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,distribution integrity management plans4 ,sec4 #bjc4 ,emergency response plans4 ,sec4 #bjd4 ,operations and maintenance manuals4 ,sec4 #bje4 ,pipeline safety management systems4 ,sec4 #bjf4 ,pipeline safety practices4 #b4 ,definitions ,in this ,act3 7#a7 ,administration ,the term ,administration means the ,pipeline and ,hazardous ,materials ,safety ,administration4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,administration4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 ,i ,improving pipeline safety and infrastructure #aja4 ,authorization of appropriations 7a7 ,gas and hazardous liquid ,section #fjabe of title #di1 ,united ,states ,code1 is amended by striking subsection 7a7 and inserting the following3 7a7 ,gas and hazardous liquid 7#a7 ,in general ,from fees collected under section #fjcja1 there are authorized to be appropriated to the ,secretary to carry out section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee7 and the provisions of this chapter relating to gas and hazardous liquid-- 7,a7 #aef1djj1jjj for fiscal year #bjba1 of which-- 7i7 #i1jjj1jjj shall be used to carry out section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee72 and 7ii7 #fc1jjj1jjj shall be used for making grants2 7,b7 #aeh1ejj1jjj for fiscal year #bjbb1 of which-- 7i7 #i1jjj1jjj shall be used to carry out section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee72 and 7ii7 #ff1jjj1jjj shall be used for making grants2 and 7,c7 #afb1gjj1jjj for fiscal year #bjbc1 of which-- 7i7 #i1jjj1jjj shall be used to carry out section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee72 and 7ii7 #fi1jjj1jjj shall be used for making grants4 7#b7 ,trust ,fund amounts ,in addition to the amounts authorized to be appropriated under paragraph 7#a71 there are authorized to be appropriated from the ,oil ,spill ,liability ,trust ,fund established by section #ieji7;a7 of the ,internal ,revenue ,code of #aihf to carry out section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee7 and the provisions of this chapter relating to hazardous liquid-- 7,a7 #bg1jjj1jjj for fiscal year #bjba1 of which-- 7i7 #c1jjj1jjj shall be used to carry out section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee72 and 7ii7 #aa1jjj1jjj shall be used for making grants2 7,b7 #bg1fej1jjj for fiscal year #bjbb1 of which-- 7i7 #c1jjj1jjj shall be used to carry out section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee72 and 7ii7 #ab1jjj1jjj shall be used for making grants2 and 7,c7 #bh1gjj1jjj for fiscal year #bjbc1 of which-- 7i7 #c1jjj1jjj shall be used to carry out section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee72 and 7ii7 #ac1jjj1jjj shall be used for making grants4 7#c7 ,underground natural gas storage facility safety account ,from fees collected under section #fjcjb1 there is authorized to be appropriated to the ,secretary to carry out section #fjada #h1jjj1jjj for each of fiscal years #bjba through #bjbc4 7#d7 ,recruitment and retention ,from amounts made available to the ,secretary under paragraphs 7#a7 and 7#b71 the ,secretary shall use-- 7,a7 #a1ebj1jjj to carry out section #ajb7;b77#a7 of the ,,pipes ,act of #bjbj1 of which-- 7i7 #a1bib1jjj shall be from amounts made available under paragraph 7#a77;,a72 and 7ii7 #bbh1jjj shall be from amounts made available under paragraph 7#b77;,a72 7,b7 #b1cjj1jjj to carry out section #ajb7;b77#b77;,a7 of the ,,pipes ,act of #bjbj1 of which-- 7i7 #a1iee1jjj shall be from amounts made available under paragraph 7#a77;,a72 and 7ii7 #cde1jjj shall be from amounts made available under paragraph 7#b77;,a72 7,c7 #a1fjj1jjj to carry out section #ajb7;b77#b77;,b7 of the ,,pipes ,act of #bjbj1 of which-- 7i7 #a1cfj1jjj shall be from amounts made available under paragraph 7#a77;,b72 and 7ii7 #bdj1jjj shall be from amounts made available under paragraph 7#b77;,b72 7,d7 #a1hjj1jjj to carry out section #ajb7;b77#b77;,c7 of the ,,pipes ,act of #bjbj1 of which-- 7i7 #a1ecj1jjj shall be from amounts made available under paragraph 7#a77;,c72 and 7ii7 #bgj1jjj shall be from amounts made available under paragraph 7#b77;,c72 7,e7 #b1dee1jjj to carry out section #ajb7;c7 of the ,,pipes ,act of #bjbj in fiscal year #bjba1 of which-- 7i7 #b1jhf1gej shall be from amounts made available under paragraph 7#a77;,a72 and 7ii7 #cfh1bej shall be from amounts made available under paragraph 7#b77;,a72 7,f7 #b1dee1jjj to carry out section #ajb7;c7 of the ,,pipes ,act of #bjbj in fiscal year #bjbb1 of which-- 7i7 #b1jhf1gej shall be from amounts made available under paragraph 7#a77;,b72 and 7ii7 #cfh1bej shall be from amounts made available under paragraph 7#b77;,b72 and 7,g7 #b1dee1jjj to carry out section #ajb7;c7 of the ,,pipes ,act of #bjbj in fiscal year #bjbc1 of which-- 7i7 #b1jhf1gej shall be from amounts made available under paragraph 7#a77;,c72 and 7ii7 #cfh1bej shall be from amounts made available under paragraph 7#b77;,c74 4 7b7 ,operational expenses ,section #b7;b7 of the ,,pipes ,act of #bjaf 7,public ,law #aad-ahc2 #acj ,stat4 #eae7 is amended by striking paragraphs 7#a7 through 7#d7 and inserting the following3 7#a7 #be1jjj1jjj for fiscal year #bjba4 7#b7 #bf1jjj1jjj for fiscal year #bjbb4 7#c7 #bg1jjj1jjj for fiscal year #bjbc4 4 7c7 ,one-call notification programs ,section #fajg of title #di1 ,united ,states ,code1 is amended by striking #a1jeh1jjj for each of fiscal years #bjaf through #bjai and inserting #a1jeh1jjj for each of fiscal years #bjba through #bjbc4 7d7 ,emergency response grants ,section #fjabe7;b77#b7 of title #di1 ,united ,states ,code1 is amended by striking fiscal years #bjab through #bjae and inserting fiscal years #bjba through #bjbc4 7e7 ,pipeline safety information grants to communities ,section #fjacj of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in the first sentence1 by striking to local communities and groups of individuals 7not including for-profit entities7 and inserting to local communities1 ,indian ,tribes1 and groups of individuals 7not including for-profit entities72 and 7ii7 in the third sentence1 by striking ,the amount and inserting ,except as provided in subsection 7c77#b71 the amount2 and 7,b7 by striking paragraph 7#d72 7#b7 by striking subsection 7c7 and inserting the following3 7c7 ,funding 7#a7 ,in general ,subject to paragraph 7#b71 out of amounts made available under section #b7;b7 of the ,,pipes ,act of #bjaf 7,public ,law #aad-ahc2 #acj ,stat4 #eae71 the ,secretary shall use #b1jjj1jjj for each of fiscal years #bjba through #bjbc to carry out this section4 7#b7 ,improving technical assistance ,from the amounts used to carry out this section under paragraph 7#a7 each fiscal year1 the ,secretary shall award #a1jjj1jjj 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 section4 7#c7 ,limitation ,any amounts used to carry out this section shall not be derived from user fees collected under section #fjcja4 2 and 7#c7 by adding at the end the following3 7d7 ,definitions ,in this section3 7#a7 ,technical assistance ,the term technical assistance means engineering1 research1 and other scientific analysis of pipeline safety issues1 including the promotion of public participation on technical pipeline safety issues in proceedings related to this chapter4 7#b7 ,eligible applicant ,the term eligible applicant means a nonprofit entity that-- 7,a7 is a public safety advocate2 7,b7 has pipeline safety expertise2 7,c7 is able to provide individuals and communities with technical assistance2 and 7,d7 was established with funds designated for the purpose of community service through the implementation of section #ceec of title #ah relating to violations of this chapter4 4 7f7 ,damage prevention programs ,section #fjacd7;i7 of title #di1 ,united ,states ,code1 is amended in the first sentence by striking fiscal years #bjab through #bjae and inserting fiscal years #bjba through #bjbc4 7g7 ,pipeline integrity program ,section #ab7;f7 of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee7 is amended by striking #bjaf through #bjai and inserting #bjba through #bjbc4 #ajb4 ,pipeline workforce development 7a7 ,inspector training ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall-- 7#a7 review the inspector training programs provided at the ,inspector ,training and ,qualifications ,division of the ,administration in ,oklahoma ,city1 ,oklahoma2 and 7#b7 determine whether any of the programs referred to in paragraph 7#a71 or any portions of the programs1 could be provided online through teletraining or another type of distance learning4 7b7 ,staffing 7#a7 ,in general ,the ,secretary shall increase the number of full-time equivalent employees 7as compared to the number of positions on the date of enactment of this ,act7 by #h full-time employees with subject matter expertise in pipeline safety1 pipeline facilities1 and pipeline systems to finalize outstanding rulemakings and fulfill congressional mandates4 7#b7 ,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 following3 7,a7 #bbd for fiscal year #bjba4 7,b7 #bce for fiscal year #bjbb4 7,c7 #bdg for fiscal year #bjbc4 7c7 ,recruitment and retention incentives 7#a7 ,in general ,the ,secretary shall use incentives1 as necessary1 to recruit and retain a qualified workforce1 including inspection and enforcement personnel and attorneys and subject matter experts at the ,office of ,pipeline ,safety of the ,administration1 including-- 7,a7 special pay rates permitted under section #ecje of title #e1 ,united ,states ,code2 7,b7 repayment of student loans permitted under section #ecgi of that title2 7,c7 tuition assistance permitted under chapter #da of that title2 7,d7 recruitment incentives permitted under section #egec of that title2 and 7,e7 retention incentives permitted under section #eged of that title4 7#b7 ,continued service agreement ,the ,secretary shall ensure that the incentives described in paragraph 7#a7 are accompanied by a continued service agreement4 7#c7 ,approval ,the ,secretary shall request1 as necessary1 the approval of the ,office of ,personnel ,management to use the incentives described in paragraph 7#a74 #ajc4 ,cost recovery and fees for facility reviews 7a7 ,fees for compliance reviews of liquefied natural gas facilities ,chapter #fjc of title #di1 ,united ,states ,code1 is amended by inserting after section #fjcjb the following3 #fjcjc4 ,fees for compliance reviews of liquefied natural gas facilities 7a7 ,imposition of fee 7#a7 ,in general ,the ,secretary of ,transportation 7referred to in this section as the ,secretary7 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 #b1ejj1jjj1jjj a fee for the necessary expenses of a review1 if any1 that the ,secretary conducts1 in connection with that application1 to determine compliance with subpart ,b of part #aic of title #di1 ,code of ,federal ,regulations 7or successor regulations74 7#b7 ,relation to other review ,the ,secretary may not impose fees under paragraph 7#a7 and section #fjaag7o7 or #fjcja7;b7 for the same compliance review described in paragraph 7#a74 7b7 ,means of collection 7#a7 ,in general ,the ,secretary shall prescribe procedures to collect fees under this section4 7#b7 ,use of government entities ,the ,secretary may-- 7,a7 use a department1 agency1 or instrumentality of the ,federal ,government or of a ,state or local government to collect fees under this section2 and 7,b7 reimburse that department1 agency1 or instrumentality a reasonable amount for the services provided4 7c7 ,account ,there is established an account1 to be known as the ,liquefied ,natural ,gas ,siting ,account1 in the ,pipeline ,safety ,fund established in the ,treasury of the ,united ,states under section #fjcja4 4 7b7 ,clerical amendment ,the table of sections for chapter #fjc of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #fjcjb the following3 #fjcjc4 ,fees for compliance reviews of liquefied natural gas facilities4 4 #ajd4 ,advancement of new pipeline safety technologies and approaches 7a7 ,in general ,chapter #fja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #fjadb4 ,pipeline safety enhancement programs 7a7 ,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-- 7#a7 a natural gas pipeline facility2 or 7#b7 a hazardous liquid pipeline facility4 7b7 ,limitations 7#a7 ,in general ,testing programs established under subsection 7a7 may not exceed-- 7,a7 #e percent of the total miles of hazardous liquid pipelines in the ,united ,states that are regulated by-- 7i7 the ,pipeline and ,hazardous ,materials ,safety ,administration2 or 7ii7 a ,state authority under section #fjaje or #fjajf2 and 7,b7 #e percent of the total miles of natural gas pipelines in the ,united ,states that are regulated by-- 7i7 the ,pipeline and ,hazardous ,materials ,safety ,administration2 or 7ii7 a ,state authority under section #fjaje or #fjajf4 7#b7 ,operator mileage limitation ,the ,secretary shall limit the miles of pipelines that each operator can test under each program established under subsection 7a7 to the lesser of-- 7,a7 #ch percent of the total miles of pipelines in the system of the operator that are regulated by-- 7i7 the ,pipeline and ,hazardous ,materials ,safety ,administration2 or 7ii7 a ,state authority under section #fjaje or #fjajf2 or 7,b7 #a1jjj miles4 7#c7 ,prohibited areas ,any program established under subsection 7a7 shall not be located in-- 7,a7 a high population area 7as defined in section #aie4dej of title #di1 ,code of ,federal ,regulations 7or a successor regulation772 7,b7 a high consequence area 7as defined in section #aib4ijc of title #di1 ,code of ,federal ,regulations 7or a successor regulation772 or 7,c7 an unusually sensitive area 7as described under subsection 7a77#a77;,b77ii7 of section #fjaji in accordance with subsection 7b7 of that section74 7#d7 ,high consequence areas for hazardous liquid pipelines 7,a7 ,in general ,not later than #a year after the date of enactment of this section1 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 7as defined in section #aie4dej of title #di1 ,code of ,federal ,regulations 7or a successor regulation774 7,b7 ,contents of report ,the report described in subparagraph 7,a7 shall examine-- 7i7 the safety benefits of allowing the testing of hazardous liquid pipelines in high consequence areas 7as defined in section #aie4dej of title #di1 ,code of ,federal ,regulations 7or a successor regulation772 and 7ii7 whether additional testing conditions are required to protect those areas while conducting a testing program established under subsection 7a7 in those areas4 7c7 ,duration 7#a7 ,in general ,the term of a testing program established under subsection 7a7 shall be not more than a period of #c years beginning on the date of approval of the program4 7#b7 ,requirement ,the ,secretary shall not establish any additional safety-enhancing testing programs under subsection 7a7 after the date that is #c years after the date of enactment of this section4 7d7 ,safety standards 7#a7 ,in general ,the ,secretary shall require1 as a condition of approval of a testing program under subsection 7a71 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 chapter4 7#b7 ,determination 7,a7 ,in general ,the ,secretary may issue an order under subparagraph 7,a7 of section #fjaah7;c77#a7 to accomplish the purpose of a testing program for a term not to exceed the time period described in subsection 7c7 if the condition described in paragraph 7#a7 is met1 as determined by the ,secretary4 7,b7 ,limitation ,an order under subparagraph 7,a7 shall pertain only to those regulations that would otherwise prevent the use of the safety technology to be tested under the testing program4 7#c7 ,increased safety capabilities ,for purposes of paragraph 7#a71 improvement in the reliability1 accuracy1 durability1 or certainty of pipeline safety technologies1 techniques1 or methods shall constitute an appropriate means of meeting the safety measure requirement described in that paragraph4 7e7 ,considerations ,in establishing a testing program under subsection 7a71 the ,secretary shall consider-- 7#a7 the accident and incident record of the owners or operators participating in the program2 7#b7 7,a7 whether the owners or operators participating in the program have a safety management system in place2 and 7,b7 how the application of that system proposes to eliminate or mitigate potential safety and environmental risks throughout the duration of the program2 and 7#c7 whether the proposed safety technology has been tested through a research and development program carried out by-- 7,a7 the ,secretary2 7,b7 collaborative research development organizations2 or 7,c7 other institutions4 7f7 ,data and findings 7#a7 ,in general ,as a participant in a testing program established under subsection 7a71 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 program4 7#b7 ,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 7a7 summarizing the progress of the program4 7g7 ,authority to revoke participation ,the ,secretary shall immediately revoke participation in a testing program under subsection 7a7 if-- 7#a7 7,a7 the participant has an accident or incident involving death or personal injury necessitating in-patient hospitalization2 and 7,b7 the testing program is determined to be the cause of1 or a contributing factor to1 that accident or incident2 7#b7 the participant fails to comply with the terms and conditions of the testing program2 or 7#c7 in the determination of the ,secretary1 continued participation in the testing program by the participant would be unsafe or would not be consistent with the goals and objectives of this chapter4 7h7 ,authority to terminate program ,the ,secretary shall immediately terminate a testing program under subsection 7a7 if continuation of the testing program would not be consistent with the goals and objectives of this chapter4 7i7 ,state rights 7#a7 ,exemption ,except as provided in paragraph 7#b71 if a ,state submits to the ,secretary notice that the ,state requests an exemption from any testing program considered for establishment under this section1 the ,state shall be exempt4 7#b7 ,limitations 7,a7 ,in general ,the ,secretary shall not grant a requested exemption under paragraph 7#a7 after a testing program is established4 7,b7 ,late notice ,the ,secretary shall not grant a requested exemption under paragraph 7#a7 if the notice submitted under that paragraph is submitted to the ,secretary more than #cj days after the date on which the ,secretary issues an order providing an effective date for the testing program in accordance with subsection 7j74 7#c7 ,effect ,if a ,state has not submitted a notice requesting an exemption under paragraph 7#a71 the ,state shall not enforce any law 7including regulations7 that is inconsistent with a testing program in effect in the ,state under this section4 7j7 ,program review process and public notice 7#a7 ,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 #fjaje a notice of each proposed testing program under subsection 7a71 including the order to be considered1 and provide an opportunity for public comment for not less than #ij days4 7#b7 ,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 7#a71 the ,secretary shall-- 7,a7 publish the order in the ,federal ,register2 and 7,b7 respond to each comment submitted under paragraph 7#a74 7k7 ,report to ,congress ,at the conclusion of each testing program1 the ,secretary shall make publicly available on the website of the ,department of ,transportation a report containing-- 7#a7 the findings and conclusions of the ,secretary with respect to the testing program2 and 7#b7 any recommendations of the ,secretary with respect to the testing program1 including any recommendations for amendments to laws 7including regulations7 and the establishment of standards1 that-- 7,a7 would enhance the safe operation of interstate gas or hazardous liquid pipeline facilities2 and 7,b7 are technically1 operationally1 and economically feasible4 7l7 ,standards ,if a report under subsection 7k7 indicates that it is practicable to establish technically1 operationally1 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 report1 the ,secretary1 as soon as practicable after submission of the report1 may promulgate regulations consistent with chapter #e of title #e 7commonly known as the ,administrative ,procedure ,act7 that-- 7#a7 allow operators of interstate gas or hazardous liquid pipeline facilities to use the relevant technology or practice to the extent practicable2 and 7#b7 establish technically1 operationally1 and economically feasible standards for the capability and deployment of the technology or practice4 4 7b7 ,clerical amendment ,the table of sections for chapter #fja of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #fjada the following3 #fjadb4 ,pipeline safety enhancement programs4 4 #aje4 ,pipeline safety testing enhancement study ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committees on ,commerce1 ,science1 and ,transportation and ,appropriations of the ,senate and the ,committees on ,transportation and ,infrastructure1 ,energy and ,commerce1 and ,appropriations of the ,house of ,representatives a report relating to-- 7#a7 the research and development capabilities of the ,administration1 in accordance with section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee72 7#b7 7,a7 the development of additional testing and research capabilities through the establishment of an independent pipeline safety testing facility under the ,department of ,transportation2 7,b7 whether an independent pipeline safety testing facility would be critical to the work of the ,administration2 7,c7 the costs and benefits of developing an independent pipeline safety testing facility under the ,department of ,transportation2 and 7,d7 the costs and benefits of colocating an independent pipeline safety testing facility at an existing training center of the ,administration2 and 7#c7 the ability of the ,administration to use the testing facilities of the ,department of ,transportation1 other ,federal agencies1 or federally funded research and development centers4 #ajf4 ,regulatory updates 7a7 ,definition of outstanding mandate ,in this section1 the term outstanding mandate means-- 7#a7 a final rule required to be issued under the ,pipeline ,safety1 ,regulatory ,certainty1 and ,job ,creation ,act of #bjaa 7,public ,law #aab-ij2 #abe ,stat4 #aijd7 that has not been published in the ,federal ,register2 7#b7 a final rule required to be issued under the ,,pipes ,act of #bjaf 7,public ,law #aad-ahc2 #acj ,stat4 #ead7 that has not been published in the ,federal ,register2 and 7#c7 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 ,register4 7b7 ,requirements 7#a7 ,periodic updates ,not later than #cj days after the date of enactment of this ,act1 and every #cj days thereafter until a final rule referred to in paragraphs 7#a7 through 7#c7 of subsection 7a7 is published in the ,federal ,register1 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 7c74 7#b7 ,notification of ,congress ,on publication of a final rule in the ,federal ,register for an outstanding mandate1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 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 7c74 7c7 ,contents ,an update published or a notification submitted under paragraph 7#a7 or 7#b7 of subsection 7b7 shall contain1 as applicable-- 7#a7 with respect to information relating to the ,administration-- 7,a7 a description of the work plan for each outstanding mandate2 7,b7 an updated rulemaking timeline for each outstanding mandate2 7,c7 the staff allocations with respect to each outstanding mandate2 7,d7 any resource constraints affecting the rulemaking process for each outstanding mandate2 7,e7 any other details associated with the development of each outstanding mandate that affect the progress of the rulemaking process with respect to that outstanding mandate2 and 7,f7 a description of all rulemakings regarding gas or hazardous liquid pipeline facilities published in the ,federal ,register that are not identified under subsection 7b77#b72 and 7#b7 with respect to information relating to the ,office of the ,secretary-- 7,a7 the date that the outstanding mandate was submitted to the ,office of the ,secretary for review2 7,b7 the reason that the outstanding mandate is under review beyond #de days2 7,c7 the staff allocations within the ,office of the ,secretary with respect to each the outstanding mandate2 7,d7 any resource constraints affecting review of the outstanding mandate2 7,e7 an estimated timeline of when review of the outstanding mandate will be complete1 as of the date of the update2 7,f7 if applicable1 the date that the outstanding mandate was returned to the ,administration for revision and the anticipated date for resubmission to the ,office of the ,secretary2 7,g7 the date that the outstanding mandate was submitted to the ,office of ,management and ,budget for review2 and 7,h7 a statement of whether the outstanding mandate remains under review by the ,office of ,management and ,budget4 #ajg4 ,self-disclosure of violations ,section #fjabb7;b77#a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,b71 by striking and at the end2 and 7#b7 by adding at the end the following3 7,d7 self-disclosure and correction of violations1 or actions to correct a violation1 prior to discovery by the ,pipeline and ,hazardous ,materials ,safety ,administration2 and 4 #ajh4 ,due process protections in enforcement proceedings 7a7 ,in general ,section #fjaag of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7b7 through 7o7 as subsections 7c7 through 7p71 respectively2 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,enforcement procedures 7#a7 ,process ,in implementing enforcement procedures under this chapter and part #aij of title #di1 ,code of ,federal ,regulations 7or successor regulations71 the ,secretary shall-- 7,a7 allow the respondent to request the use of a consent agreement and consent order to resolve any matter of fact or law asserted2 7,b7 allow the respondent and the agency to convene #a or more meetings-- 7i7 for settlement or simplification of the issues2 or 7ii7 to aid in the disposition of issues2 7,c7 require that the case file in an enforcement proceeding include all agency records pertinent to the matters of fact and law asserted2 7,d7 allow the respondent to reply to each post-hearing submission of the agency2 7,e7 allow the respondent to request that a hearing be held1 and an order be issued1 on an expedited basis2 7,f7 require that the agency have the burden of proof1 presentation1 and persuasion in any enforcement matter2 7,g7 require that any order contain findings of relevant fact and conclusions of law2 7,h7 require the ,office of ,pipeline ,safety to file a post-hearing recommendation not later than #cj days after the deadline for any post-hearing submission of a respondent2 7,i7 require an order on a petition for reconsideration to be issued not later than #abj days after the date on which the petition is filed2 and 7,j7 allow an operator to request that an issue of controversy or uncertainty be addressed through a declaratory order in accordance with section #eed7;e7 of title #e4 7#b7 ,open to the public ,a hearing under this section shall be-- 7,a7 noticed to the public on the website of the ,pipeline and ,hazardous ,materials ,safety ,administration2 and 7,b7 in the case of a formal hearing 7as defined in section #aij4c of title #di1 ,code of ,federal ,regulations 7or a successor regulation771 open to the public4 7#c7 ,transparency 7,a7 ,agreements1 orders1 and judgments open to the public ,with respect to each enforcement proceeding under this chapter1 the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration shall make publicly available on the website of the ,administration-- 7i7 the charging documents2 7ii7 the written response of the respondent1 if filed2 and 7iii7 any consent agreement1 consent order1 order1 or judgment resulting from a hearing under this chapter4 7,b7 ,gao report on pipeline safety program collection and transparency of enforcement proceedings 7i7 ,in general ,not later than #b years after the date of enactment of the ,,pipes ,act of #bjbj1 the ,comptroller ,general of the ,united ,states shall-- 7,i7 review information on pipeline enforcement actions that the ,pipeline and ,hazardous ,materials ,safety ,administration makes publicly available on the internet2 and 7,,ii7 submit to the ,committee on ,commerce1 ,science1 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 review1 including any recommendations under clause 7iii74 7ii7 ,contents ,the report under clause 7i77,,ii7 shall include-- 7,i7 a description of the process that the ,pipeline and ,hazardous ,materials ,safety ,administration uses to collect and record enforcement information2 7,,ii7 an assessment of whether and1 if so1 how the ,pipeline and ,hazardous ,materials ,safety ,administration ensures that enforcement information is made available to the public in an accessible manner2 and 7,,iii7 an assessment of the information described in clause 7i77,i74 7iii7 ,recommendations ,the report under clause 7i77,,ii7 may include recommendations regarding-- 7,i7 any improvements that could be made to the accessibility of the information described in clause 7i77,i72 7,,ii7 whether and1 if so1 how the information described in clause 7i77,i7 could be made more transparent2 and 7,,iii7 any other recommendations that the ,comptroller ,general of the ,united ,states considers appropriate4 7#d7 ,savings clause ,nothing in this subsection alters the procedures applicable to-- 7,a7 an emergency order under subsection 7p72 7,b7 a safety order under subsection 7m72 or 7,c7 a corrective action order under section #fjaab4 4 7b7 ,conforming amendments 7#a7 ,section #fjaji7;g77#d7 of title #di1 ,united ,states ,code1 is amended by striking section #fjaag7;c7 and inserting section #fjaag7;d74 7#b7 ,section #fjaag7p7 of title #di1 ,united ,states ,code 7as redesignated by subsection 7a77#a771 is amended1 in paragraph 7#c77;,e71 by striking #fjaag7l7 and inserting subsection 7m74 7#c7 ,section #fjaah7;a77#c7 of title #di1 ,united ,states ,code1 is amended by striking section #fjaag7;a7-7d7 and inserting subsections 7a7 through 7e7 of section #fjaag4 #aji4 ,pipeline operating status 7a7 ,in general ,chapter #fja of title #di1 ,united ,states ,code 7as amended by section #ajd7;a771 is amended by adding at the end the following3 #fjadc4 ,idled pipelines 7a7 ,definition of idled ,in this section1 the term idled1 with respect to a pipeline1 means that the pipeline-- 7#a7 7,a7 has ceased normal operations2 and 7,b7 will not resume service for a period of not less than #ahj days2 7#b7 has been isolated from all sources of hazardous liquid1 natural gas1 or other gas2 and 7#c7 7,a7 has been purged of combustibles and hazardous materials and maintains a blanket of inert1 nonflammable gas at low pressure2 or 7,b7 has not been purged as described in subparagraph 7,a71 but the volume of gas is so small that there is no potential hazard1 as determined by the ,secretary pursuant to a rule4 7b7 ,rulemaking 7#a7 ,in general ,not later than #b years after the date of enactment of the ,,pipes ,act of #bjbj1 the ,secretary shall promulgate regulations prescribing the applicability of the pipeline safety requirements to idled natural or other gas transmission and hazardous liquid pipelines4 7#b7 ,requirements 7,a7 ,in general ,the applicability of the regulations under paragraph 7#a7 shall be based on the risk that idled natural or other gas transmission and hazardous liquid pipelines pose to the public1 property1 and the environment1 and shall include requirements to resume operation4 7,b7 ,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 materials1 if required under subsection 7a74 7,c7 ,requirements for reinspection ,the ,secretary shall determine the requirements for periodic reinspection of idled natural or other gas transmission and hazardous liquid pipelines4 7,d7 ,resumption of operations ,as a condition to allowing an idled pipeline to resume operations1 the ,secretary shall require that1 prior to resuming operations1 the pipeline shall be-- 7i7 inspected with-- 7,i7 hydrostatic pressure testing2 7,,ii7 an internal inspection device2 or 7,,iii7 if the use of hydrostatic pressure testing or an internal inspection device is not technologically feasible1 another comparable technology or practice2 and 7ii7 in compliance with regulations promulgated under this chapter1 including any regulations that became effective while the pipeline was idled4 4 7b7 ,clerical amendment ,the table of sections for chapter #fja of title #di1 ,united ,states ,code 7as amended by section #ajd7;b771 is amended by inserting after the item relating to section #fjadb the following3 #fjadc4 ,idled pipelines4 4 #aaj4 ,updates to standards for liquefied natural gas facilities 7a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 review the minimum operating and maintenance standards prescribed under section #fjajc7;d7 of title #di1 ,united ,states ,code2 and 7#b7 based on the review under paragraph 7#a71 update the standards described in that paragraph applicable to large-scale liquefied natural gas facilities 7other than peak shaving facilities7 to provide for a risk-based regulatory approach for such facilities1 consistent with this section4 7b7 ,scope ,in updating the minimum operating and maintenance standards under subsection 7a77#b71 the ,secretary shall ensure that all regulations1 guidance1 and internal documents-- 7#a7 are developed and applied in a manner consistent with this section2 and 7#b7 achieve a level of safety that is equivalent to1 or greater than1 the level of safety required by the standards prescribed as of the date of enactment of this ,act under-- 7,a7 section #fjajc7;d7 of title #di1 ,united ,states ,code2 and 7,b7 part #aic of title #di1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7c7 ,requirements ,the updates to the operating and maintenance standards required under subsection 7a77#b7 shall1 at a minimum1 require operators-- 7#a7 to develop and maintain written safety information identifying hazards associated with-- 7,a7 the processes of liquefied natural gas conversion1 storage1 and transport2 7,b7 equipment used in the processes2 and 7,c7 technology used in the processes2 7#b7 to conduct a hazard assessment1 including the identification of potential sources of accidental releases2 7#c7 7,a7 to consult with employees and representatives of employees on the development and execution of hazard assessments under paragraph 7#b72 and 7,b7 to provide employees access to the records of the hazard assessments and any other records required under the updated standards2 7#d7 to establish a system to respond to the findings of a hazard assessment conducted under paragraph 7#b7 that addresses prevention1 mitigation1 and emergency responses2 7#e7 to review1 when a design change occurs1 the most recent hazard assessment conducted under paragraph 7#b7 and the response system established under paragraph 7#d72 7#f7 to develop and implement written operating procedures for the processes of liquefied natural gas conversion1 storage1 and transport2 7#g7 7,a7 to provide written safety and operating information to employees2 and 7,b7 to train employees in operating procedures with an emphasis on addressing hazards and using safe practices2 7#h7 to ensure contractors and contract employees are provided appropriate information and training2 7#i7 to train and educate employees and contractors in emergency response2 7#aj7 to establish a quality assurance program to ensure that equipment1 maintenance materials1 and spare parts relating to the operations and maintenance of liquefied natural gas facilities are fabricated and installed consistent with design specifications2 7#aa7 to establish maintenance systems for critical process-related equipment1 including written procedures1 employee training1 appropriate inspections1 and testing of that equipment to ensure ongoing mechanical integrity2 7#ab7 to conduct pre-start-up safety reviews of all newly installed or modified equipment2 7#ac7 to establish and implement written procedures to manage change to processes of liquefied natural gas conversion1 storage1 and transport1 technology1 equipment1 and facilities2 and 7#ad7 7,a7 to investigate each incident that results in1 or could have resulted in-- 7i7 loss of life2 7ii7 destruction of private property2 or 7iii7 a major accident2 and 7,b7 to have operating personnel-- 7i7 review any findings of an investigation under subparagraph 7,a72 and 7ii7 if appropriate1 take responsive measures4 7d7 ,submission and approval 7#a7 ,in general ,the ,secretary shall require that operators that are subject to the regulations under subsection 7a77#b7 submit to the ,secretary for approval a plan for the implementation of the requirements described in subsection 7c74 7#b7 ,requirement ,the implementation plan described in paragraph 7#a7 shall include-- 7,a7 an anticipated schedule for the implementation of the requirements described in subsection 7c72 and 7,b7 an overview of the process for implementation4 7e7 ,inspection and compliance assurance 7#a7 ,determination of inadequate programs ,if the ,secretary determines during an inspection carried out under chapter #fja of title #di1 ,united ,states ,code1 that an operator's implementation of the requirements described in subsection 7c7 does not comply with the requirements of that chapter 7including any regulations promulgated under that chapter71 has not been adequately implemented1 is inadequate for the safe operation of a large-scale liquefied natural gas facility1 or is otherwise inadequate1 the ,secretary may conduct enforcement proceedings under that chapter4 7#b7 ,savings clause ,nothing in this section shall affect the authority of the ,secretary to carry out inspections or conduct enforcement proceedings under chapter #fja of title #di1 ,united ,states ,code4 7f7 ,emergencies and compliance ,nothing in this section may be construed to diminish or modify-- 7#a7 the authority of the ,secretary under this title to act in the case of an emergency2 or 7#b7 the authority of the ,secretary under sections #fjaah through #fjabc of title #di1 ,united ,states ,code4 7g7 ,civil penalties ,a person violating the standards prescribed under this section1 including any revisions to the minimum operating and maintenance standards prescribed under #fjajc of title #di1 ,united ,states ,code1 shall be liable for a civil penalty that may not exceed #bjj1jjj for each violation pursuant to section #fjabb7;a77#a7 of that title4 #aaa4 ,national ,center of ,excellence for ,liquefied ,natural ,gas ,safety 7a7 ,definitions ,in this section3 7#a7 ,center ,the term ,center means the ,national ,center of ,excellence for ,liquefied ,natural ,gas ,safety that may be established under subsection 7b74 7#b7 ,,lng ,the term ,,lng means liquefied natural gas4 7#c7 ,,lng sector stakeholder ,the term ,,lng sector stakeholder means a representative of-- 7,a7 ,,lng facilities that represent the broad array of ,,lng facilities operating in the ,united ,states2 7,b7 ,states1 ,indian ,tribes1 and units of local government2 7,c7 postsecondary education2 7,d7 labor organizations2 7,e7 safety organizations2 or 7,f7 ,federal regulatory agencies of jurisdiction1 which may include-- 7i7 the ,administration2 7ii7 the ,federal ,energy ,regulatory ,commission2 7iii7 the ,department of ,energy2 7iv7 the ,occupational ,safety and ,health ,administration2 7v7 the ,coast ,guard2 and 7vi7 the ,maritime ,administration4 7b7 ,establishment ,only after submitting the report under subsection 7c7 to the committees of ,congress described in that subsection1 and subject to the availability of funds appropriated by ,congress for the applicable purpose1 the ,secretary1 in consultation with ,,lng sector stakeholders1 may establish a center1 to be known as the ,national ,center of ,excellence for ,liquefied ,natural ,gas ,safety4 7c7 ,report 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit to the ,committees on ,commerce1 ,science1 and ,transportation and ,appropriations of the ,senate and the ,committees on ,transportation and ,infrastructure1 ,energy and ,commerce1 and ,appropriations of the ,house of ,representatives a report on-- 7,a7 the resources necessary to establish the ,center2 and 7,b7 the manner in which the ,center will carry out the functions described in subsection 7d74 7#b7 ,requirement ,the report under paragraph 7#a7 shall include an estimate of all potential costs and appropriations necessary to carry out the functions described in subsection 7d74 7d7 ,functions ,the ,center shall1 for activities regulated under section #fjajc of title #di1 ,united ,states ,code1 enhance the ,united ,states as the leader and foremost expert in ,,lng operations by-- 7#a7 furthering the expertise of the ,federal ,government in the operations1 management1 and regulatory practices of ,,lng facilities through-- 7,a7 the use of performance-based principles2 7,b7 experience and familiarity with ,,lng operational facilities2 and 7,c7 increased communication with ,,lng experts to learn and support state-of-the-art operational practices2 7#b7 acting as a repository of information on best practices for the operation of ,,lng facilities2 and 7#c7 facilitating collaboration among ,,lng sector stakeholders4 7e7 ,location 7#a7 ,in general ,the ,center shall be located in close proximity to critical ,,lng transportation infrastructure on1 and connecting to1 the ,gulf of ,mexico1 as determined by the ,secretary4 7#b7 ,considerations ,in determining the location of the ,center1 the ,secretary shall-- 7,a7 take into account the strategic value of locating resources in close proximity to ,,lng facilities2 and 7,b7 locate the ,center in the ,state with the largest ,,lng production capacity1 as determined by the total capacity 7in billion cubic feet per day7 of ,,lng production authorized by the ,federal ,energy ,regulatory ,commission under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 as of the date of enactment of this ,act4 7f7 ,coordination with ,,tq training center ,in carrying out the functions described in subsection 7d71 the ,center shall coordinate with the ,training and ,qualifications ,training ,center of the ,administration in ,oklahoma ,city1 ,oklahoma1 to facilitate knowledge sharing among1 and enhanced training opportunities for1 ,federal and ,state pipeline safety inspectors and investigators4 7g7 ,joint operation with educational institution ,the ,secretary may enter into an agreement with an appropriate official of an institution of higher education-- 7#a7 to provide for joint operation of the ,center2 and 7#b7 to provide necessary administrative services for the ,center4 #aab4 ,prioritization of rulemaking 7a7 ,rulemaking ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall issue a final rule with respect to the portion of the proposed rule issued on ,april #h1 #bjaf1 entitled ,pipeline ,safety3 ,safety of ,gas ,transmission and ,gathering ,pipelines 7#ha ,fed4 ,reg4 #bjgbb2 ,docket ,no4 ,,phmsa-#bjaa-jjbc7 that relates to the consideration of gathering pipelines4 7b7 ,study ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 review the extent to which geospatial and technical data is collected by operators of gathering lines1 including design and material specifications2 7#b7 analyze information collected by operators of gathering lines when the mapping information described in paragraph 7#a7 is not available for a gathering line2 and 7#c7 assess any plans and timelines of operators of gathering lines to develop the mapping information described in paragraph 7#a7 or otherwise collect information described in paragraph 7#b74 7c7 ,report ,the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,commerce1 ,science1 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 7b71 including any recommendations that the ,comptroller ,general of the ,united ,states may have as a result of the review4 #aac4 ,leak detection and repair ,section #fjajb of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7q7 ,gas pipeline leak detection and repair 7#a7 ,in general ,not later than #a year after the date of enactment of this subsection1 the ,secretary shall promulgate final regulations that require operators of regulated gathering lines 7as defined pursuant to subsection 7b7 of section #fjaja for purposes of subsection 7a77#ba7 of that section7 in a ,class #b location1 ,class #c location1 or ,class #d location1 as determined under section #aib4e of title #di1 ,code of ,federal ,regulations1 operators of new and existing gas transmission pipeline facilities1 and operators of new and existing gas distribution pipeline facilities to conduct leak detection and repair programs-- 7,a7 to meet the need for gas pipeline safety1 as determined by the ,secretary2 and 7,b7 to protect the environment4 7#b7 ,leak detection and repair programs 7,a7 ,minimum performance standards ,the final regulations promulgated under paragraph 7#a7 shall include1 for the leak detection and repair programs described in that paragraph1 minimum performance standards that reflect the capabilities of commercially available advanced technologies that1 with respect to each pipeline covered by the programs1 are appropriate for-- 7i7 the type of pipeline2 7ii7 the location of the pipeline2 7iii7 the material of which the pipeline is constructed2 and 7iv7 the materials transported by the pipeline4 7,b7 ,requirement ,the leak detection and repair programs described in paragraph 7#a7 shall be able to identify1 locate1 and categorize all leaks that-- 7i7 are hazardous to human safety or the environment2 or 7ii7 have the potential to become explosive or otherwise hazardous to human safety4 7#c7 ,advanced leak detection technologies and practices 7,a7 ,in general ,the final regulations promulgated under paragraph 7#a7 shall-- 7i7 require the use of advanced leak detection technologies and practices described in subparagraph 7,b72 7ii7 identify any scenarios where operators may use leak detection practices that depend on human senses2 and 7iii7 include a schedule for repairing or replacing each leaking pipe1 except a pipe with a leak so small that it poses no potential hazard1 with appropriate deadlines4 7,b7 ,advanced leak detection technologies and practices described ,the advanced leak detection technologies and practices referred to in subparagraph 7,a77i7 include-- 7i7 for new and existing gas distribution pipeline facilities1 technologies and practices to detect pipeline leaks-- 7,i7 through continuous monitoring on or along the pipeline2 or 7,,ii7 through periodic surveys with handheld equipment1 equipment mounted on mobile platforms1 or other means using commercially available technology2 7ii7 for new and existing gas transmission pipeline facilities1 technologies and practices to detect pipeline leaks through-- 7,i7 equipment that is capable of continuous monitoring2 or 7,,ii7 periodic surveys with handheld equipment1 equipment mounted on mobile platforms1 or other means using commercially available technology2 and 7iii7 for regulated gathering lines in ,class #b locations1 ,class #c locations1 or ,class #d locations1 technologies and practices to detect pipeline leaks through-- 7,i7 equipment that is capable of continuous monitoring2 or 7,,ii7 periodic surveys with handheld equipment1 equipment mounted on mobile platforms1 or other means using commercially available technology4 7#d7 ,rules of construction 7,a7 ,surveys and ,timelines ,in promulgating regulations under this subsection1 the ,secretary-- 7i7 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 subsection2 and 7ii7 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 subsection4 7,b7 ,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 7#a74 7,c7 ,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 #fjaja4 4 #aad4 ,inspection and maintenance plans 7a7 ,in general ,section #fjajh of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting 1 must meet the requirements of any regulations promulgated under section #fjajb7q71 after the need for pipeline safety2 7ii7 in subparagraph 7,c71 by striking and at the end2 and 7iii7 by striking subparagraph 7,d7 and inserting the following3 7,d7 the extent to which the plan will contribute to-- 7i7 public safety2 7ii7 eliminating hazardous leaks and minimizing releases of natural gas from pipeline facilities2 and 7iii7 the protection of the environment2 and 7,e7 the extent to which the plan addresses the replacement or remediation of pipelines that are known to leak based on the material 7including cast iron1 unprotected steel1 wrought iron1 and historic plastics with known issues71 design1 or past operating and maintenance history of the pipeline4 2 and 7,b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,review of plans 7,a7 ,in general ,not later than #b years after the date of enactment of this subparagraph1 and not less frequently than once every #e years thereafter1 the ,secretary or relevant ,state authority with a certification in effect under section #fjaje shall review each plan described in this subsection4 7,b7 ,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 7b74 7,c7 ,inadequate programs ,if the ,secretary determines that a plan reviewed under this paragraph does not comply with the requirements of this chapter 7including any regulations promulgated under this chapter71 has not been adequately implemented1 is inadequate for the safe operation of a pipeline facility1 or is otherwise inadequate1 the ,secretary may conduct enforcement proceedings under this chapter4 2 and 7#b7 in subsection 7b77#a77;,b71 by inserting construction material1 after method of construction14 7b7 ,deadline ,not later than #a year after the date of enactment of this ,act1 each pipeline operator shall update the inspection and maintenance plan prepared by the operator under section #fjajh7;a7 of title #di1 ,united ,states ,code1 to address the elements described in the amendments to that section made by subsection 7a74 7c7 ,inspection and maintenance plan oversight 7#a7 ,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 #fjajh7;a7 of title #di1 ,united ,states ,code1 pursuant to subsection 7b7 in minimizing releases of natural gas from pipeline facilities4 7#b7 ,report of the ,comptroller ,general of the ,united ,states ,not later than #a year after the ,secretary's review of the operator plans prepared under section #fjajh7;a7 of title #di1 ,united ,states ,code1 the ,comptroller ,general of the ,united ,states shall submit to the ,secretary1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and the ,committees on ,transportation and ,infrastructure and ,energy and ,commerce of the ,house of ,representatives a report that-- 7,a7 describes the results of the study conducted under paragraph 7#a71 including an evaluation of the procedures used by the ,secretary and ,states in reviewing the effectiveness of the plans prepared by pipeline operators under section #fjajh7;a7 of title #di1 ,united ,states ,code1 pursuant to subsection 7b7 in minimizing releases of natural gas from pipeline facilities2 and 7,b7 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 7#a74 7#c7 ,response of the ,secretary ,not later than #ij days after the date on which the report under paragraph 7#b7 is published1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 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 7#a7 and the recommendations contained in the report submitted under paragraph 7#b74 7d7 ,best available technologies or practices 7#a7 ,report of the ,secretary ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committees on ,transportation and ,infrastructure and ,energy and ,commerce of the ,house of ,representatives a report-- 7,a7 discussing-- 7i7 the best available technologies or practices to prevent or minimize1 without compromising pipeline safety1 the release of natural gas when making planned repairs1 replacements1 or maintenance to a pipeline facility2 7ii7 the best available technologies or practices to prevent or minimize1 without compromising pipeline safety1 the release of natural gas when the operator intentionally vents or releases natural gas1 including blowdowns2 and 7iii7 pipeline facility designs that1 without compromising pipeline safety1 mitigate the need to intentionally vent natural gas2 and 7,b7 recommending a timeline for updating pipeline safety regulations1 as the ,secretary determines to be appropriate1 to address the matters described in subparagraph 7,a74 7#b7 ,rulemaking ,not later than #ahj days after the date on which the ,secretary submits the report under this subsection1 the ,secretary shall update pipeline safety regulations that the ,secretary has determined are necessary to protect the environment without compromising pipeline safety4 #aae4 ,consideration of pipeline class location changes 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration shall-- 7#a7 review all comments submitted in response to the advance notice of proposed rulemaking entitled ,pipeline ,safety3 ,class ,location ,change ,requirements 7#hc ,fed4 ,reg4 #cfhfa 7,july #ca1 #bjah772 7#b7 complete any other activities or procedures necessary-- 7,a7 to make a determination whether to publish a notice of proposed rulemaking2 and 7,b7 if a positive determination is made under subparagraph 7,a71 to advance in the rulemaking process1 including by taking any actions required under section #fjaae of title #di1 ,united ,state ,code2 and 7#c7 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 #h1 #bjaf1 including the adequacy of existing integrity management programs4 7b7 ,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 7a77#a74 7c7 ,reporting ,for purposes of this section1 the requirements of section #ajf shall apply during the period beginning on the date that is #ahj days after the date of enactment of this ,act and ending on the date on which the requirements of subsection 7a7 are completed4 #aaf4 ,protection of employees providing pipeline safety information ,section #fjabi of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a71 in the matter preceding subparagraph 7,a71 by striking employee with and inserting current or former employee with2 7#b7 in subsection 7b77#c71 by adding at the end the following3 7,d7 ,de novo review 7i7 ,in general ,with respect to a complaint under paragraph 7#a71 if the ,secretary of ,labor has not issued a final decision by the date that is #baj days after the date on which the complaint was filed1 and if the delay is not due to the bad faith of the employee who filed the complaint1 that employee may bring an original action at law or equity for de novo review in the appropriate district court of the ,united ,states1 which shall have jurisdiction over such action without regard to the amount in controversy1 and which action shall1 at the request of either party to the action1 be tried by the court with a jury4 7ii7 ,burdens of proof ,an original action described in clause 7i7 shall be governed by the same legal burdens of proof specified in paragraph 7#b77;,b7 for review by the ,secretary of ,labor4 2 and 7#c7 by adding at the end the following3 7e7 ,nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes 7#a7 ,waiver of rights and remedies ,the rights and remedies provided under this section may not be waived by any agreement1 policy1 form1 or condition of employment1 including by a predispute arbitration agreement4 7#b7 ,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 7a77#a74 4 #aag4 ,interstate drug and alcohol oversight 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall amend the auditing program for the drug and alcohol regulations in part #aii of title #di1 ,code of ,federal ,regulations1 to improve the efficiency and processes of those regulations as applied to-- 7#a7 operators2 and 7#b7 pipeline contractors working for multiple operators in multiple ,states4 7b7 ,requirement ,in carrying out subsection 7a71 the ,secretary shall minimize duplicative audits of the same operators1 and the contractors working for those operators1 by the ,administration and multiple ,state agencies4 7c7 ,rule of construction ,nothing in this section may be construed to require modification of the inspection or enforcement authority of any ,federal agency or ,state4 #aah4 ,purpose and general authority ,section #fjajb7;b77#e7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking ,chapter and inserting chapter2 and 7#b7 by inserting 1 including safety and environmental benefits1 after benefits4 #aai4 ,national ,academy of ,sciences study on automatic and remote-controlled shut-off valves on existing pipelines 7a7 ,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-- 7#a7 a high consequence area 7as defined in section #aib4ijc of title #di1 ,code of ,federal ,regulations 7or a successor regulation77 for a gas transmission pipeline facility2 or 7#b7 for a hazardous liquid pipeline facility-- 7,a7 a commercially navigable waterway 7as defined in section #aie4dej of that title 7or a successor regulation772 or 7,b7 an unusually sensitive area 7as defined in section #aie4f of that title 7or a successor regulation774 7b7 ,factors for consideration ,in conducting the study under subsection 7a71 the ,national ,academy of ,sciences shall take into consideration1 as applicable-- 7#a7 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 valves2 7#b7 to the extent practicable1 compatibility with existing regulations of the ,administration1 including any regulations promulgated pursuant to docket number ,,phmsa-#bjac-jbee1 relating to the installation of automatic and remote-controlled shutoff valves2 7#c7 methodologies that maximize safety and environmental benefits2 and 7#d7 the economic1 technical1 and operational feasibility of installing automatic or remote-controlled shut-off valves on existing pipelines by employing such methodologies or standards4 7c7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,national ,academy of ,sciences shall submit to the ,committee on ,commerce1 ,science1 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 7a74 #abj4 ,unusually sensitive areas 7a7 ,certain coastal waters2 coastal beaches ,section #ai7;b7 of the ,,pipes ,act of #bjaf 7#di ,u4,s4,c4 #fjaji note2 ,public ,law #aad-ahc7 is amended-- 7#a7 by striking ,the ,secretary and inserting the following3 7#a7 ,definitions ,in this subsection3 7,a7 ,certain coastal waters ,the term certain coastal waters means-- 7i7 the territorial sea of the ,united ,states2 7ii7 the ,great ,lakes and their connecting waters2 and 7iii7 the marine and estuarine waters of the ,united ,states up to the head of tidal influence4 7,b7 ,coastal beach ,the term coastal beach means any land between the high- and low-water marks of certain coastal waters4 7#b7 ,revision ,the ,secretary 2 and 7#b7 in paragraph 7#b7 7as so designated71 by striking marine coastal waters and inserting certain coastal waters4 7b7 ,certain coastal waters ,section #fjaji7;b77#b7 of title #di1 ,united ,states ,code1 is amended by striking marine coastal waters and inserting certain coastal waters4 7c7 ,update to regulations ,the ,secretary shall complete the revision to regulations required under section #ai7;b7 of the ,,pipes ,act of #bjaf 7#di ,u4,s4,c4 #fjaji note2 ,public ,law #aad-ahc7 7as amended by subsection 7a77 by not later than #ij days after the date of enactment of this ,act4 7d7 ,hazardous liquid pipeline facilities located in certain areas ,section #fjaji7;g7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,b71 by inserting 1 but not less often than once every #ab months before the period at the end2 and 7#b7 by adding at the end the following3 7#e7 ,considerations ,in carrying out this subsection1 each operator shall implement procedures that assess potential impacts by maritime equipment or other vessels1 including anchors1 anchor chains1 or any other attached equipment4 4 #aba4 ,safety-related condition reports ,section #fjajb7;h7 of title #di1 ,united ,states ,code1 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,submission of report ,as soon as practicable1 but not later than #e business days1 after a representative of a person to whom this section applies first establishes that a condition described in paragraph 7#a7 exists1 the operator shall submit the report required under that paragraph to-- 7,a7 the ,secretary2 7,b7 the appropriate ,state authority or1 where no appropriate ,state authority exists1 to the ,governor of a ,state where the subject of the ,safety ,related ,condition report occurred2 and 7,c7 the appropriate ,tribe where the subject of the ,safety ,related ,condition report occurred4 7#c7 ,submission of report to other entities ,upon request1 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 entity1 including any-- 7,a7 ,state emergency response commission established pursuant to section #cja of the ,emergency ,planning and ,community ,right-,to-,know ,act of #aihf 7#db ,u4,s4,c4 #aajja72 7,b7 ,tribal emergency response commission or emergency planning committee 7as defined in part #cee of title #dj1 ,code of ,federal ,regulations 7or a successor regulation772 7,c7 local emergency planning committee established pursuant to section #cja of the ,emergency ,planning and ,community ,right-,to-,know ,act of #aihf 7#db ,u4,s4,c4 #aajja72 or 7,d7 other public agency responsible for emergency response4 4 #abb4 ,risk analysis and integrity management programs ,section #fjaji7;c7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#ab7 ,distribution pipelines 7,a7 ,study ,the ,secretary shall conduct a study of methods that may be used under paragraph 7#c71 other than direct assessment1 to assess distribution pipelines to determine whether any such method-- 7i7 would provide a greater level of safety than direct assessment of the pipelines2 and 7ii7 is feasible4 7,b7 ,report ,not later than #b years after the date of enactment of this paragraph1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committees on ,energy and ,commerce and ,transportation and ,infrastructure of the ,house of ,representatives a report describing-- 7i7 the results of the study under subparagraph 7,a72 and 7ii7 recommendations based on that study1 if any4 4 #abc4 ,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 the ,environmental ,protection ,agency under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq471 the authority of the ,secretary of the ,interior under the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq471 or the authority of any ,state1 to regulate a release of pollutants or hazardous substances to air1 water1 or land1 including through the establishment and enforcement of requirements relating to such release4 ,,ii ,leonel ,rondon ,pipeline ,safety ,act #bja4 ,short title ,this title may be cited as the ,leonel ,rondon ,pipeline ,safety ,act4 #bjb4 ,distribution integrity management plans 7a7 ,in general ,section #fjaji7;e7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#g7 ,evaluation of risk 7,a7 ,in general ,not later than #b years after the date of enactment of this paragraph1 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-- 7i7 the risks resulting from the presence of cast iron pipes and mains in the distribution system2 and 7ii7 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 unsafe1 as determined by the ,secretary4 7,b7 ,consideration ,in carrying out subparagraph 7,a77ii71 the ,secretary shall ensure that an operator of a distribution system-- 7i7 considers factors other than past observed abnormal operating conditions 7as defined in section #aib4hjc of title #di1 ,code of ,federal ,regulations 7or a successor regulation77 in ranking risks and identifying measures to mitigate those risks2 and 7ii7 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 knowledge4 7,c7 ,deadlines 7i7 ,in general ,not later than #b years after the date of enactment of this paragraph1 each operator of a distribution system shall make available to the ,secretary or the relevant ,state authority with a certification in effect under section #fjaje1 as applicable1 a copy of-- 7,i7 the distribution integrity management plan of the operator2 7,,ii7 the emergency response plan under section #fjajb7;d77#e72 and 7,,iii7 the procedural manual for operations1 maintenance1 and emergencies under section #fjajb7;d77#d74 7ii7 ,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 7i71 if applicable1 an updated plan or manual described in that clause by not later than #fj days after the date of a significant update1 as determined by the ,secretary4 7iii7 ,applicability of ,,foia ,nothing in this subsection shall be construed to authorize the disclosure of any information that is exempt from disclosure under section #eeb7;b7 of title #e4 7,d7 ,review of plans and documents 7i7 ,timing 7,i7 ,in general ,not later than #b years after the date of promulgation of the regulations under subparagraph 7,a71 and not less frequently than once every #e years thereafter1 the ,secretary or relevant ,state authority with a certification in effect under section #fjaje shall review the distribution integrity management plan1 the emergency response plan1 and the procedural manual for operations1 maintenance1 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 operator4 7,,ii7 ,grace period ,for the third1 fourth1 and fifth years after the date of promulgation of the regulations under subparagraph 7,a71 the ,secretary-- 7aa7 shall not use subclause 7,i7 as justification to reduce funding1 decertify1 or penalize in any way under section #fjaje1 #fjajf1 or #fjajg a ,state authority that has in effect a certification under section #fjaje or an agreement under section #fjajf2 and 7bb7 shall-- 7,,aa7 submit to the ,committee on ,commerce1 ,science1 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 7,i7 during the annual program evaluation2 and 7,,bb7 provide a written notice to each ,state authority described in item 7aa7 that is not in compliance with the requirements of subclause 7,i74 7ii7 ,review ,each plan or procedural manual made available under subparagraph 7,c77i7 shall be reexamined-- 7,i7 on significant change to the plans or procedural manual1 as applicable2 7,,ii7 on significant change to the gas distribution system of the operator1 as applicable2 and 7,,iii7 not less frequently than once every #e years4 7iii7 ,context of review ,the ,secretary may conduct a review under clause 7i7 or 7ii7 as an element of the inspection of the operator carried out by the ,secretary4 7iv7 ,inadequate programs ,if the ,secretary determines that the documents reviewed under clause 7i7 or 7ii7 do not comply with the requirements of this chapter 7including regulations to implement this chapter71 have not been adequately implemented1 or are inadequate for the safe operation of a pipeline facility1 the ,secretary may conduct proceedings under this chapter4 4 7b7 ,contents of ,state pipeline safety program certifications 7#a7 ,in general ,section #fjaje7;b7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#f71 by striking and at the end2 7,b7 in paragraph 7#g71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#h7 has the capability to sufficiently review and evaluate the adequacy of the plans and manuals described in section #fjaji7;e77#g77;,c77i72 and 7#i7 has a sufficient number of employees described in paragraph 7#c7 to ensure safe operations of pipeline facilities1 updating the ,state ,inspection ,calculation ,tool to take into account factors including-- 7,a7 the number of miles of natural gas and hazardous liquid pipelines in the ,state1 including the number of miles of cast iron and bare steel pipelines2 7,b7 the number of services in the ,state2 7,c7 the age of the gas distribution system in the ,state2 and 7,d7 environmental factors that could impact the integrity of the pipeline1 including relevant geological issues4 4 7#b7 ,rulemaking ,the ,secretary shall promulgate regulations to require that a ,state authority with a certification in effect under section #fjaje of title #di1 ,united ,states ,code1 has a sufficient number of qualified inspectors to ensure safe operations1 as determined by the ,state ,inspection ,calculation ,tool and other factors determined to be appropriate by the ,secretary4 7#c7 ,deadline ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall promulgate regulations to implement the amendments made by this subsection4 #bjc4 ,emergency response plans ,section #fjajb of title #di1 ,united ,states ,code 7as amended by section #aac71 is amended by adding at the end the following3 7r7 ,emergency response plans ,not later than #b years after the date of enactment of this subsection1 the ,secretary shall update regulations to ensure that each emergency response plan developed by an operator of a distribution system under subsection 7d77#e71 includes written procedures for-- 7#a7 establishing communication with first responders and other relevant public officials1 as soon as practicable1 beginning from the time of confirmed discovery1 as determined by the ,secretary1 by the operator of a gas pipeline emergency involving a release of gas from a distribution system of that operator that results in-- 7,a7 a fire related to an unintended release of gas2 7,b7 an explosion2 7,c7 #a or more fatalities2 or 7,d7 the unscheduled release of gas and shutdown of gas service to a significant number of customers1 as determined by the ,secretary2 7#b7 establishing general public communication through an appropriate channel-- 7,a7 as soon as practicable1 as determined by the ,secretary1 after a gas pipeline emergency described in paragraph 7#a72 and 7,b7 that provides information regarding-- 7i7 the emergency described in subparagraph 7,a72 and 7ii7 the status of public safety2 and 7#c7 the development and implementation of a voluntary1 opt-in system that would allow operators of distribution systems to rapidly communicate with customers in the event of an emergency4 4 #bjd4 ,operations and maintenance manuals ,section #fjajb of title #di1 ,united ,states ,code 7as amended by section #bjc71 is amended by adding at the end the following3 7s7 ,operations and maintenance manuals ,not later than #b years after the date of enactment of this subsection1 the ,secretary shall update regulations to ensure that each procedural manual for operations1 maintenance1 and emergencies developed by an operator of a distribution pipeline under subsection 7d77#d71 includes written procedures for-- 7#a7 responding to overpressurization indications1 including specific actions and an order of operations for immediately reducing pressure in or shutting down portions of the gas distribution system1 if necessary2 and 7#b7 a detailed procedure for the management of the change process1 which shall-- 7,a7 be applied to significant technology1 equipment1 procedural1 and organizational changes to the distribution system2 and 7,b7 ensure that relevant qualified personnel1 such as an engineer with a professional engineer licensure1 subject matter expert1 or other employee who possesses the necessary knowledge1 experience1 and skills regarding natural gas distribution systems1 review and certify construction plans for accuracy1 completeness1 and correctness4 4 #bje4 ,pipeline safety management systems 7a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committees on ,transportation and ,infrastructure and ,energy and ,commerce of the ,house of ,representatives a report describing-- 7#a7 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 #aagc2 7#b7 the progress made by operators of natural gas distribution systems who have implemented1 or are in the process of implementing1 a pipeline safety management system described in paragraph 7#a72 and 7#c7 the feasibility of an operator of a natural gas distribution system implementing a pipeline safety management system described in paragraph 7#a7 based on the size of the operator as measured by-- 7,a7 the number of customers the operator has2 and 7,b7 the amount of natural gas the operator transports4 7b7 ,requirements ,as part of the report required under subsection 7a71 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 #aagc4 7c7 ,evaluation and promotion of safety management systems ,the ,secretary and the relevant ,state authority with a certification in effect under section #fjaje of title #di1 ,united ,states ,code1 as applicable1 shall-- 7#a7 promote and assess pipeline safety management systems frameworks developed by operators of natural gas distribution systems and described in the report under subsection 7a71 including-- 7,a7 if necessary1 using independent third-party evaluators2 and 7,b7 through a system that promotes self-disclosure of-- 7i7 errors2 and 7ii7 deviations from regulatory standards2 and 7#b7 if a deviation from a regulatory standard is identified during the development and application of a pipeline safety management system1 certify that-- 7,a7 due consideration will be given to factors such as flawed procedures1 honest mistakes1 or lack of understanding2 and 7,b7 the operators and regulators use the most appropriate tools to fix the deviation1 return to compliance1 and prevent the recurrence of the deviation1 including-- 7i7 root cause analysis2 and 7ii7 training1 education1 or other appropriate improvements to procedures or training programs4 #bjf4 ,pipeline safety practices ,section #fjajb of title #di1 ,united ,states ,code 7as amended by section #bjd71 is amended by adding at the end the following3 7t7 ,other pipeline safety practices 7#a7 ,records ,not later than #b years after the date of enactment of this subsection1 the ,secretary shall promulgate regulations to require an operator of a distribution system-- 7,a7 to identify and manage traceable1 reliable1 and complete records1 including maps and other drawings1 critical to ensuring proper pressure controls for a gas distribution system1 and updating these records as needed1 while collecting and identifying other records necessary for risk analysis on an opportunistic basis2 and 7,b7 to ensure that the records required under subparagraph 7,a7 are-- 7i7 accessible to all personnel responsible for performing or overseeing relevant construction or engineering work2 and 7ii7 submitted to1 or made available for inspection by1 the ,secretary or the relevant ,state authority with a certification in effect under section #fjaje4 7#b7 ,presence of qualified employees 7,a7 ,in general ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary shall promulgate regulations to require that not less than #a agent of an operator of a distribution system who is qualified to perform relevant covered tasks1 as determined by the ,secretary1 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 station1 including tie-ins and abandonment of distribution lines and mains1 based on an evaluation1 conducted by the operator1 of threats that could result in unsafe operation4 7,b7 ,exclusion ,in promulgating regulations under subparagraph 7,a71 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 shutoff4 7#c7 ,district regulator stations 7,a7 ,in general ,not later than #a year after the date of enactment of this subsection1 the ,secretary shall promulgate regulations to require that each operator of a distribution system assesses and upgrades1 as appropriate1 each district regulator station of the operator to ensure that-- 7i7 the risk of the gas pressure in the distribution system exceeding1 by a common mode of failure1 the maximum allowable operating pressure 7as described in section #aib4fbc of title #di1 ,code of ,federal ,regulations 7or a successor regulation77 allowed under ,federal law 7including regulations7 is minimized2 7ii7 the gas pressure of a low-pressure distribution system is monitored1 particularly at or near the location of critical pressure-control equipment2 7iii7 the regulator station has secondary or backup pressure-relieving or overpressure-protection safety technology1 such as a relief valve or automatic shutoff valve1 or other pressure-limiting devices appropriate for the configuration and siting of the station and1 in the case of a regulator station that employs the primary and monitor regulator design1 the operator shall eliminate the common mode of failure or provide backup protection capable of either shutting the flow of gas1 relieving gas to the atmosphere to fully protect the distribution system from overpressurization events1 or there must be technology in place to eliminate a common mode of failure2 and 7iv7 if the ,secretary determines that it is not operationally possible for an operator to implement the requirements under clause 7iii71 the ,secretary shall require such operator to identify actions in their plan that minimize the risk of an overpressurization event4 4 ,s ,innovation for the ,environment #aja4 ,reauthorization of diesel emissions reduction program ,section #gig7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afacg7;a77 is amended by striking #bjaf and inserting #bjbd4 #ajb4 ,encouraging projects to reduce emissions 7a7 ,short title ,this section may be cited as the ,utilizing ,significant ,emissions with ,innovative ,technologies ,act or the ,,use ,,it ,act4 7b7 ,research1 investigation1 training1 and other activities ,section #ajc of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7 is amended-- 7#a7 in subsection 7c77#c71 in the first sentence of the matter preceding subparagraph 7,a71 by striking percursors and inserting precursors2 and 7#b7 in subsection 7g7-- 7,a7 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively1 and indenting appropriately2 7,b7 in the undesignated matter following subparagraph 7,d7 7as so redesignated7-- 7i7 in the second sentence1 by striking ,the ,administrator and inserting the following3 7#e7 ,coordination and avoidance of duplication ,the ,administrator 2 and 7ii7 in the first sentence1 by striking ,nothing and inserting the following3 7#d7 ,effect of subsection ,nothing 2 7,c7 in the matter preceding subparagraph 7,a7 7as so redesignated7-- 7i7 in the third sentence1 by striking ,such program and inserting the following3 7#c7 ,program inclusions ,the program under this subsection 2 7ii7 in the second sentence-- 7,i7 by inserting ,states1 institutions of higher education1 after scientists12 and 7,,ii7 by striking ,such strategies and technologies shall be developed and inserting the following3 7#b7 ,participation requirement ,such strategies and technologies described in paragraph 7#a7 shall be developed 2 and 7iii7 in the first sentence1 by striking ,in carrying out and inserting the following3 7#a7 ,in general ,in carrying out 2 and 7,d7 by adding at the end the following3 7#f7 ,certain carbon dioxide activities 7,a7 ,in general ,in carrying out paragraph 7#c77;,a7 with respect to carbon dioxide1 the ,administrator-- 7i7 is authorized to carry out the activities described in subparagraph 7,b72 and 7ii7 shall carry out the activities described in subparagraph 7,c74 7,b7 ,direct air capture research 7i7 ,definitions ,in this subparagraph3 7,i7 ,board ,the term ,board means the ,direct ,air ,capture ,technology ,advisory ,board established by clause 7iii77,i74 7,,ii7 ,dilute ,the term dilute means a concentration of less than #a percent by volume4 7,,iii7 ,direct air capture 7aa7 ,in general ,the term direct air capture1 with respect to a facility1 technology1 or system1 means that the facility1 technology1 or system uses carbon capture equipment to capture carbon dioxide directly from the air4 7bb7 ,exclusion ,the term direct air capture does not include any facility1 technology1 or system that captures carbon dioxide-- 7,,aa7 that is deliberately released from a naturally occurring subsurface spring2 or 7,,bb7 using natural photosynthesis4 7,,iv7 ,intellectual property ,the term intellectual property means-- 7aa7 an invention that is patentable under title #ce1 ,united ,states ,code2 and 7bb7 any patent on an invention described in item 7aa74 7ii7 ,technology prizes 7,i7 ,in general ,not later than #a year after the date of enactment of the ,utilizing ,significant ,emissions with ,innovative ,technologies ,act1 the ,administrator1 in consultation with the ,secretary of ,energy1 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 dilute4 7,,ii7 ,duties ,in carrying out this clause1 the ,administrator shall-- 7aa7 subject to subclause 7,,iii71 develop specific requirements for-- 7,,aa7 the competition process2 and 7,,bb7 the demonstration of performance of approved projects2 7bb7 offer financial awards for a project designed-- 7,,aa7 to the maximum extent practicable1 to capture more than #aj1jjj tons of carbon dioxide per year2 7,,bb7 to operate in a manner that would be commercially viable in the foreseeable future 7as determined by the ,board72 and 7,,cc7 to improve the technologies or information systems that enable monitoring and verification methods for direct air capture projects2 and 7cc7 to the maximum extent practicable1 make financial awards to geographically diverse projects1 including at least-- 7,,aa7 #a project in a coastal ,state2 and 7,,bb7 #a project in a rural ,state4 7,,iii7 ,public participation ,in carrying out subclause 7,,ii77aa71 the ,administrator shall-- 7aa7 provide notice of and1 for a period of not less than #fj days1 an opportunity for public comment on1 any draft or proposed version of the requirements described in subclause 7,,ii77aa72 and 7bb7 take into account public comments received in developing the final version of those requirements4 7iii7 ,direct air capture technology advisory board 7,i7 ,establishment ,the ,administrator may establish an advisory board to be known as the ,direct ,air ,capture ,technology ,advisory ,board4 7,,ii7 ,composition ,the ,board1 on the establishment of the ,board1 shall be composed of #i members appointed by the ,administrator1 who shall provide expertise in-- 7aa7 climate science2 7bb7 physics2 7cc7 chemistry2 7dd7 biology2 7ee7 engineering2 7ff7 economics2 7gg7 business management2 and 7hh7 such other disciplines as the ,administrator determines to be necessary to achieve the purposes of this subparagraph4 7,,iii7 ,term2 vacancies 7aa7 ,term ,a member of the ,board shall serve for a term of #f years4 7bb7 ,vacancies ,a vacancy on the ,board-- 7,,aa7 shall not affect the powers of the ,board2 and 7,,bb7 shall be filled in the same manner as the original appointment was made4 7,,iv7 ,initial meeting ,not later than #cj days after the date on which all members of the ,board have been appointed1 the ,board shall hold the initial meeting of the ,board4 7,v7 ,meetings ,the ,board shall meet at the call of the ,chairperson or on the request of the ,administrator4 7,,vi7 ,quorum ,a majority of the members of the ,board shall constitute a quorum1 but a lesser number of members may hold hearings4 7,,vii7 ,chairperson and vice chairperson ,the ,board shall select a ,chairperson and ,vice ,chairperson from among the members of the ,board4 7,,viii7 ,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 #ecaf of title #e1 ,united ,states ,code1 for each day during which the member is engaged in the actual performance of the duties of the ,board4 7,,ix7 ,duties ,the ,board shall-- 7aa7 advise the ,administrator on carrying out the duties of the ,administrator under this subparagraph2 and 7bb7 provide other assistance and advice as requested by the ,administrator4 7iv7 ,intellectual property 7,i7 ,in general ,as a condition of receiving a financial award under this subparagraph1 an applicant shall agree to vest the intellectual property of the applicant derived from the technology in #a or more entities that are incorporated in the ,united ,states4 7,,ii7 ,reservation of license ,the ,united ,states-- 7aa7 may reserve a nonexclusive1 nontransferable1 irrevocable1 paid-up license1 to have practiced for or on behalf of the ,united ,states1 in connection with any intellectual property described in subclause 7,i72 but 7bb7 shall not1 in the exercise of a license reserved under item 7aa71 publicly disclose proprietary information relating to the license4 7,,iii7 ,transfer of title ,title to any intellectual property described in subclause 7,i7 shall not be transferred or passed1 except to an entity that is incorporated in the ,united ,states1 until the expiration of the first patent obtained in connection with the intellectual property4 7v7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subparagraph #ce1jjj1jjj1 to remain available until expended4 7vi7 ,termination of authority ,notwithstanding section #ad of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app471 the ,board and all authority provided under this subparagraph shall terminate not later than #ab years after the date of enactment of the ,utilizing ,significant ,emissions with ,innovative ,technologies ,act4 7,c7 ,deep saline formation report 7i7 ,definition of deep saline formation 7,i7 ,in general ,in this subparagraph1 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 fluid4 7,,ii7 ,clarification ,in this subparagraph1 the term deep saline formation does not include oil and gas reservoirs4 7ii7 ,report ,in consultation with the ,secretary of ,energy1 and1 as appropriate1 with the head of any other relevant ,federal agency and relevant stakeholders1 not later than #a year after the date of enactment of the ,utilizing ,significant ,emissions with ,innovative ,technologies ,act1 the ,administrator shall prepare1 submit to ,congress1 and make publicly available a report that includes-- 7,i7 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 formations1 using existing research2 7,,ii7 recommendations for managing the potential risks identified under subclause 7,i71 including potential risks unique to public land2 and 7,,iii7 recommendations for ,federal legislation or other policy changes to mitigate any potential risks identified under subclause 7,i74 7,d7 ,,gao report ,not later than #e years after the date of enactment of the ,utilizing ,significant ,emissions with ,innovative ,technologies ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that-- 7i7 identifies all ,federal grant programs in which a purpose of a grant under the program is to perform research on carbon capture and utilization technologies1 including direct air capture technologies2 and 7ii7 examines the extent to which the ,federal grant programs identified pursuant to clause 7i7 overlap or are duplicative4 4 7c7 ,carbon utilization program 7#a7 ,in general ,subtitle ,f of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia et seq47 is amended by inserting after section #ifh the following3 #ifi4 ,carbon utilization program 7a7 ,in general ,the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 shall carry out a program of research1 development1 demonstration1 and commercialization relating to carbon utilization4 7b7 ,activities ,under the program described in subsection 7a71 the ,secretary shall-- 7#a7 assess and monitor-- 7,a7 potential changes in lifecycle carbon dioxide and other greenhouse gas emissions2 and 7,b7 other environmental safety indicators of new technologies1 practices1 processes1 or methods used in enhanced hydrocarbon recovery as part of the activities authorized under section #ifc2 7#b7 identify and evaluate novel uses for carbon 7including conversion of carbon oxides7 that1 on a full lifecycle basis1 achieve a permanent reduction1 or avoidance of a net increase1 in carbon dioxide in the atmosphere1 for use in commercial and industrial products such as-- 7,a7 chemicals2 7,b7 plastics2 7,c7 building materials2 7,d7 fuels2 7,e7 cement2 7,f7 products of coal utilization in power systems or in other applications2 and 7,g7 other products with demonstrated market value2 7#c7 identify and assess carbon capture technologies for industrial systems2 and 7#d7 identify and assess alternative uses for coal that result in zero net emissions of carbon dioxide or other pollutants1 including products derived from carbon engineering1 carbon fiber1 and coal conversion methods4 7c7 ,prioritization ,in supporting demonstration and commercialization research under the program described in subsection 7a71 the ,secretary shall prioritize consideration of projects that-- 7#a7 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 #bej metric tons per day of carbon dioxide for research2 7#b7 have access to equipment for testing small-scale carbon dioxide utilization technologies1 with onsite access to larger test bays for scale-up2 and 7#c7 have #a or more existing partnerships with a ,national ,laboratory1 an institution of higher education1 a private company1 or a ,state or other government entity4 7d7 ,coordination ,the ,secretary shall coordinate the activities authorized under this section with the activities authorized in section #ifi;,a as part of a single consolidated program of the ,department4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ej1jjj1jjj1 to remain available until expended4 4 7#b7 ,study 7,a7 ,in general ,the ,secretary of ,energy1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 shall seek to enter into an agreement with the ,national ,academies of ,sciences1 ,engineering1 and ,medicine to conduct a study that assesses the barriers and opportunities relating to the commercial application of carbon dioxide in the ,united ,states4 7,b7 ,contents ,the study under subparagraph 7,a7 shall-- 7i7 analyze the technical feasibility1 related challenges1 and impacts of-- 7,i7 commercializing carbon dioxide2 and 7,,ii7 as part of that commercialization-- 7aa7 creating a national system of carbon dioxide pipelines and geologic sequestration sites2 7bb7 mitigating environmental and landowner impacts2 and 7cc7 regional economic challenges and regional economic opportunities2 7ii7 identify potential markets1 industries1 or sectors that may benefit from greater access to commercial carbon dioxide2 7iii7 assess the current state of infrastructure and any necessary updates to that infrastructure to allow for the integration of safe and reliable carbon dioxide transportation1 utilization1 and storage2 7iv7 7,i7 estimate the economic1 climate1 and environmental impacts of any well-integrated national carbon dioxide pipeline system2 and 7,,ii7 suggest policies that could improve the economic impact of that system2 7v7 assess the global status and progress of existing chemical and biological carbon utilization technologies that utilize waste carbon 7including carbon dioxide1 carbon monoxide1 methane1 and biogas7 from power generation1 biofuels production1 and other industrial processes relevant to minimizing net greenhouse gas emissions2 7vi7 identify emerging technologies for and approaches to carbon utilization that show promise for scale-up1 demonstration1 deployment1 and commercialization relevant to minimizing net greenhouse gas emissions2 7vii7 analyze the factors associated with making carbon utilization technologies relevant to minimizing net greenhouse gas emissions viable at a commercial scale1 including carbon waste stream availability1 economics1 market capacity1 and energy and lifecycle requirements2 7viii7 7,i7 assess the major technical challenges associated with increasing the commercial viability of carbon reuse technologies2 and 7,,ii7 identify the research and development questions that will address those challenges2 7ix7 7,i7 assess current research efforts1 including engineering and computational research1 that address the challenges described in clause 7viii77,i72 and 7,,ii7 identify any gaps in the current research portfolio2 and 7x7 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 emissions4 7#c7 ,technical amendment ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #fjj7 is amended by inserting after the item relating to section #ifh the following3 ,sec4 #ifi4 ,carbon utilization program4 4 7d7 ,improvement of permitting process for carbon dioxide capture and infrastructure projects 7#a7 ,inclusion of carbon capture infrastructure projects ,section #dajja7f7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm7#f77 is amended-- 7,a7 in subparagraph 7,a7-- 7i7 in the matter preceding clause 7i71 by inserting carbon capture1 after manufacturing12 7ii7 in clause 7i77,,iii71 by striking or at the end2 7iii7 by redesignating clause 7ii7 as clause 7iii72 and 7iv7 by inserting after clause 7i7 the following3 7ii7 is covered by a programmatic plan or environmental review developed for the primary purpose of facilitating development of carbon dioxide pipelines2 or 2 and 7,b7 by adding at the end the following3 7,c7 ,inclusion ,for purposes of subparagraph 7,a71 construction of infrastructure for carbon capture includes construction of-- 7i7 any facility1 technology1 or system that captures1 utilizes1 or sequesters carbon dioxide emissions1 including projects for direct air capture 7as defined in paragraph 7#f77;,b77i7 of section #ajc7;g7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;g772 and 7ii7 carbon dioxide pipelines4 4 7#b7 ,development of carbon capture1 utilization1 and sequestration report1 permitting guidance1 and regional permitting task force 7,a7 ,definitions ,in this paragraph3 7i7 ,carbon capture1 utilization1 and sequestration projects ,the term carbon capture1 utilization1 and sequestration projects includes projects for direct air capture 7as defined in paragraph 7#f77;,b77i7 of section #ajc7;g7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;g7774 7ii7 ,efficient1 orderly1 and responsible ,the term efficient1 orderly1 and responsible means1 with respect to development or the permitting process for carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines1 a process that promotes environmental1 health1 and safety protections while maintaining a process that is completed in an expeditious manner4 7,b7 ,report 7i7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,chair of the ,council on ,environmental ,quality 7referred to in this section as the ,chair71 in consultation with the ,administrator of the ,environmental ,protection ,agency1 the ,secretary of ,energy1 the ,secretary of the ,interior1 the ,secretary of ,transportation1 the ,executive ,director of the ,federal ,permitting ,improvement ,council1 and the head of any other relevant ,federal agency 7as determined by the ,president71 shall prepare a report that-- 7,i7 compiles all existing relevant ,federal permitting and review information and resources for project applicants1 agencies1 and other stakeholders interested in the deployment and impact of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines1 including-- 7aa7 the appropriate points of interaction with ,federal agencies2 7bb7 clarification of the permitting responsibilities and authorities among ,federal agencies2 and 7cc7 best practices and templates for permitting in an efficient1 orderly1 and responsible manner1 including through improved staff capacity and training at ,federal permitting agencies2 7,,ii7 inventories current or emerging activities that transform captured carbon dioxide into a product of commercial value1 or as an input to products of commercial value2 7,,iii7 inventories existing initiatives and recent publications that analyze or identify priority carbon dioxide pipelines needed to enable efficient1 orderly1 and responsible development of carbon capture1 utilization1 and sequestration projects at increased scale2 7,,iv7 identifies gaps in the current ,federal regulatory framework for the deployment of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines2 7,v7 identifies ,federal financing mechanisms available to project developers2 and 7,,vi7 identifies public engagement opportunities through existing laws1 including under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7ii7 ,submission2 publication ,the ,chair shall-- 7,i7 submit the report under clause 7i7 to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,energy and ,commerce1 the ,committee on ,natural ,resources1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7,,ii7 as soon as practicable1 make the report publicly available4 7,c7 ,guidance 7i7 ,in general ,after submission of the report under subparagraph 7,b77ii71 but not later than #a year after the date of enactment of this ,act1 the ,chair shall submit guidance consistent with that report to all relevant ,federal agencies that-- 7,i7 facilitates reviews associated with the deployment of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines2 and 7,,ii7 supports the efficient1 orderly1 and responsible development of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines4 7ii7 ,requirements 7,i7 ,in general ,the guidance under clause 7i7 shall address applicable requirements under-- 7aa7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7bb7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7cc7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7dd7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7ee7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7ff7 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code 7formerly known as the ,national ,historic ,preservation ,act72 7gg7 the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq472 7hh7 the ,act of ,june #h1 #aidj 7#af ,u4,s4,c4 #ffh et seq47 7commonly known as the ,bald and ,golden ,eagle ,protection ,act72 7ii7 chapter #fja of title #di1 ,united ,states ,code 7including those provisions formerly cited as the ,natural ,gas ,pipeline ,safety ,act of #aifh 7,public ,law #ij-dha2 #hb ,stat4 #gbj7 and the ,hazardous ,liquid ,pipeline ,safety ,act of #aigi 7,public ,law #if-abi2 #ic ,stat4 #ajjc772 and 7jj7 any other ,federal law that the ,chair determines to be appropriate4 7,,ii7 ,environmental reviews ,the guidance under clause 7i7 shall include direction to ,states and other interested parties for the development of programmatic environmental reviews under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines4 7,,iii7 ,public involvement ,the guidance under clause 7i7 shall be subject to the public notice1 comment1 and solicitation of information procedures under section #aejf4f of title #dj1 ,code of ,federal ,regulations 7or a successor regulation74 7iii7 ,submission2 publication ,the ,chair shall-- 7,i7 submit the guidance under clause 7i7 to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,energy and ,commerce1 the ,committee on ,natural ,resources1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7,,ii7 as soon as practicable1 make the guidance publicly available4 7iv7 ,evaluation ,the ,chair shall-- 7,i7 periodically evaluate the reports of the task forces under subparagraph 7,d77v7 and1 as necessary1 revise the guidance under clause 7i72 and 7,,ii7 each year1 submit to the ,committee on ,environment and ,public ,works of the ,senate1 the ,committee on ,energy and ,commerce1 the ,committee on ,natural ,resources1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and relevant ,federal agencies a report that describes any recommendations for rules1 revisions to rules1 or other policies that would address the issues identified by the task forces under subparagraph 7,d77v74 7,d7 ,task forces 7i7 ,establishment ,not later than #ah months after the date of enactment of this ,act1 the ,chair shall establish not less than #b task forces1 which shall each cover a different geographical area with differing demographic1 land use1 or geological issues-- 7,i7 to identify permitting and other challenges and successes that permitting authorities and project developers and operators face in permitting projects in an efficient1 orderly1 and responsible manner2 and 7,,ii7 to improve the performance of the permitting process and regional coordination for the purpose of promoting the efficient1 orderly1 and responsible development of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines4 7ii7 ,members and selection 7,i7 ,in general ,the ,chair shall-- 7aa7 develop criteria for the selection of members to each task force2 and 7bb7 select members for each task force in accordance with item 7aa7 and subclause 7,,ii74 7,,ii7 ,members ,each task force-- 7aa7 shall include not less than #a representative of each of-- 7,,aa7 the ,environmental ,protection ,agency2 7,,bb7 the ,department of ,energy2 7,,cc7 the ,department of the ,interior2 7,,dd7 the ,pipeline and ,hazardous ,materials ,safety ,administration2 7,,ee7 any other ,federal agency the ,chair determines to be appropriate2 7,,ff7 any ,state that requests participation in the geographical area covered by the task force2 7,,gg7 developers or operators of carbon capture1 utilization1 and sequestration projects or carbon dioxide pipelines2 and 7,,hh7 nongovernmental membership organizations1 the primary mission of which concerns protection of the environment2 7bb7 at the request of a ,tribal or local government1 may include a representative of-- 7,,aa7 not less than #a local government in the geographical area covered by the task force2 and 7,,bb7 not less than #a ,tribal government in the geographical area covered by the task force2 and 7cc7 shall include #a expert in each of the following fields-- 7,,aa7 health and environmental effects1 including exposure evaluation2 and 7,,bb7 pipeline safety4 7iii7 ,meetings 7,i7 ,in general ,each task force shall meet not less than twice each year4 7,,ii7 ,joint meeting ,to the maximum extent practicable1 the task forces shall meet collectively not less than once each year4 7iv7 ,duties ,each task force shall-- 7,i7 inventory existing or potential ,federal and ,state approaches to facilitate reviews associated with the deployment of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines1 including best practices that-- 7aa7 avoid duplicative reviews to the extent permitted by law2 7bb7 engage stakeholders early in the permitting process2 and 7cc7 make the permitting process efficient1 orderly1 and responsible2 7,,ii7 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 force2 7,,iii7 provide technical assistance to ,states in the geographical area covered by the task force in implementing regulatory requirements and any models developed under subclause 7,,ii72 7,,iv7 inventory current or emerging activities that transform captured carbon dioxide into a product of commercial value1 or as an input to products of commercial value2 7,v7 identify any priority carbon dioxide pipelines needed to enable efficient1 orderly1 and responsible development of carbon capture1 utilization1 and sequestration projects at increased scale2 7,,vi7 identify gaps in the current ,federal and ,state regulatory framework and in existing data for the deployment of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines2 7,,vii7 identify ,federal and ,state financing mechanisms available to project developers2 and 7,,viii7 develop recommendations for relevant ,federal agencies on how to develop and research technologies that-- 7aa7 can capture carbon dioxide2 and 7bb7 would be able to be deployed within the region covered by the task force1 including any projects that have received technical or financial assistance for research under paragraph 7#f7 of section #ajc7;g7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;g774 7v7 ,report ,each year1 each task force shall prepare and submit to the ,chair and to the other task forces a report that includes-- 7,i7 any recommendations for improvements in efficient1 orderly1 and responsible issuance or administration of ,federal permits and other ,federal authorizations required under a law described in subparagraph 7,c77ii77,i72 and 7,,ii7 any other nationally relevant information that the task force has collected in carrying out the duties under clause 7iv74 7vi7 ,evaluation ,not later than #e years after the date of enactment of this ,act1 the ,chair shall-- 7,i7 reevaluate the need for the task forces2 and 7,,ii7 submit to ,congress a recommendation as to whether the task forces should continue4 #ajc4 ,american innovation and manufacturing 7a7 ,short title ,this section may be cited as the ,american ,innovation and ,manufacturing ,act of #bjbj4 7b7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,allowance ,the term allowance means a limited authorization for the production or consumption of a regulated substance established under subsection 7e74 7#c7 ,consumption ,the term consumption1 with respect to a regulated substance1 means a quantity equal to the difference between-- 7,a7 a quantity equal to the sum of-- 7i7 the quantity of that regulated substance produced in the ,united ,states2 and 7ii7 the quantity of the regulated substance imported into the ,united ,states2 and 7,b7 the quantity of the regulated substance exported from the ,united ,states4 7#d7 ,consumption baseline ,the term consumption baseline means the baseline established for the consumption of regulated substances under subsection 7e77#a77;,c74 7#e7 ,exchange value ,the term exchange value means the value assigned to a regulated substance in accordance with subsections 7c7 and 7e71 as applicable4 7#f7 ,import ,the term import means to land on1 bring into1 or introduce into1 or attempt to land on1 bring into1 or introduce into1 any place subject to the jurisdiction of the ,united ,states1 regardless of whether that landing1 bringing1 or introduction constitutes an importation within the meaning of the customs laws of the ,united ,states4 7#g7 ,produce 7,a7 ,in general ,the term produce means the manufacture of a regulated substance from a raw material or feedstock chemical 7but not including the destruction of a regulated substance by a technology approved by the ,administrator74 7,b7 ,exclusions ,the term produce does not include-- 7i7 the manufacture of a regulated substance that is used and entirely consumed 7except for trace quantities7 in the manufacture of another chemical2 or 7ii7 the reclamation1 reuse1 or recycling of a regulated substance4 7#h7 ,production baseline ,the term production baseline means the baseline established for the production of regulated substances under subsection 7e77#a77;,b74 7#i7 ,reclaim2 reclamation ,the terms reclaim and reclamation mean-- 7,a7 the reprocessing of a recovered regulated substance to at least the purity described in standard #gjj-bjaf of the ,air-,conditioning1 ,heating1 and ,refrigeration ,institute 7or an appropriate successor standard adopted by the ,administrator72 and 7,b7 the verification of the purity of that regulated substance using1 at a minimum1 the analytical methodology described in the standard referred to in subparagraph 7,a74 7#aj7 ,recover ,the term recover means the process by which a regulated substance is-- 7,a7 removed1 in any condition1 from equipment2 and 7,b7 stored in an external container1 with or without testing or processing the regulated substance4 7#aa7 ,regulated substance ,the term regulated substance means-- 7,a7 a substance listed in the table contained in subsection 7c77#a72 and 7,b7 a substance included as a regulated substance by the ,administrator under subsection 7c77#c74 7c7 ,listing of regulated substances 7#a7 ,list of regulated substances ,each of the following substances1 and any isomers of such a substance1 shall be a regulated substance3 ,chemical ,name,common ,name,exchange ,value ,,chf#b;,,chf#b;,,hfc-#acdaajj ,,ch#b;,,fcf#c ,,hfc-#acd;a#adcj ,,ch#b;,,fchf#b;,,hfc-#adc #cec ,,chf#b;,,ch#b;,,cf#c;,,hfc-#bde;fa#ajcj ,,cf#c;,,ch#b;,,cf#b;,,ch#c;,,hfc-#cfemf c#gid ,,cf#c;,,chfcf#c;,,hfc-#bbg;ea#cbbj ,,ch#b;,,fcf#b;,,cf#c;,,hfc-#bcf;cb#acdj ,,chf#b;,,chfcf#c;,,hfc-#bcf;ea#acgj ,,cf#c;,,ch#b;,,cf#c;,,hfc-#bcf;fa #ihaj ,,ch#b;,,fcf#b;,,chf#b;,,hfc-#bde;ca #fic ,,cf#c;,,chfchfcf#b;,,cf#c;,,hfc-#dc-ajm ee#afdj ,,ch#b;,f#b;,,hfc-#cbfge ,,chf#b;,,cf#c;,,hfc-#abe #cejj ,,ch#c;,,cf#c;,,hfc-#adc;a#ddgj ,,ch#c;,,fhfc-#daib ,,ch#b;,,fch#b;,,fhfc-#aebec ,,ch#c;,,chf#b;,,hfc-#aeb;a#abd ,,chf#c;,,hfc-#bcadhjj4 7#b7 ,review ,the ,administrator may-- 7,a7 review the exchange values listed in the table contained in paragraph 7#a7 on a periodic basis2 and 7,b7 subject to notice and opportunity for public comment1 adjust the exchange values solely on the basis of-- 7i7 the best available science2 and 7ii7 other information consistent with widely used or commonly accepted existing exchange values4 7#c7 ,other regulated substances 7,a7 ,in general ,subject to notice and opportunity for public comment1 the ,administrator may designate a substance not included in the table contained in paragraph 7#a7 as a regulated substance if-- 7i7 the substance-- 7,i7 is a chemical substance that is a saturated hydrofluorocarbon2 and 7,,ii7 has an exchange value1 as determined by the ,administrator in accordance with the basis described in paragraph 7#b77;,b71 of greater than #ec2 and 7ii7 the designation of the substance as a regulated substance would be consistent with the purposes of this section4 7,b7 ,savings provision 7i7 ,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 7e71 even if the saturated hydrofluorocarbon is1 or may be1 designated as a regulated substance4 7ii7 ,authority of administrator ,clause 7i7 does not affect the authority of the ,administrator to regulate under this ,act a regulated substance within a blend of substances4 7d7 ,monitoring and reporting requirements 7#a7 ,production1 import1 and export level reports 7,a7 ,in general ,on a periodic basis1 to be determined by the ,administrator1 but not less frequently than annually1 each person who1 within the applicable reporting period1 produces1 imports1 exports1 destroys1 transforms1 uses as a process agent1 or reclaims a regulated substance shall submit to the ,administrator a report that describes1 as applicable1 the quantity of the regulated substance that the person-- 7i7 produced1 imported1 and exported2 7ii7 reclaimed2 7iii7 destroyed by a technology approved by the ,administrator2 7iv7 used and entirely consumed 7except for trace quantities7 in the manufacture of another chemical2 or 7v7 used as a process agent4 7,b7 ,requirements 7i7 ,signed and attested ,the report under subparagraph 7,a7 shall be signed and attested by a responsible officer 7within the meaning of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq4774 7ii7 ,no further reports required ,a report under subparagraph 7,a7 shall not be required from a person if the person-- 7,i7 permanently ceases production1 importation1 exportation1 destruction1 transformation1 use as a process agent1 or reclamation of all regulated substances2 and 7,,ii7 notifies the ,administrator in writing that the requirement under subclause 7,i7 has been met4 7iii7 ,baseline period ,each report under subparagraph 7,a7 shall include1 as applicable1 the information described in that subparagraph for the baseline period of calendar years #bjaa through #bjac4 7#b7 ,coordination ,the ,administrator may allow any person subject to the requirements of paragraph 7#a77;,a7 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 ,administrator4 7e7 ,phase-down of production and consumption of regulated substances 7#a7 ,baselines 7,a7 ,in general ,subject to subparagraph 7,d71 the ,administrator shall establish for the phase-down of regulated substances-- 7i7 a production baseline for the production of all regulated substances in the ,united ,states1 as described in subparagraph 7,b72 and 7ii7 a consumption baseline for the consumption of all regulated substances in the ,united ,states1 as described in subparagraph 7,c74 7,b7 ,production baseline described ,the production baseline referred to in subparagraph 7,a77i7 is the quantity equal to the sum of-- 7i7 the average annual quantity of all regulated substances produced in the ,united ,states during the period-- 7,i7 beginning on ,january #a1 #bjaa2 and 7,,ii7 ending on ,december #ca1 #bjac2 and 7ii7 the quantity equal to the sum of-- 7,i7 #ae percent of the production level of hydrochlorofluorocarbons in calendar year #aihi2 and 7,,ii7 #j4db percent of the production level of chlorofluorocarbons in calendar year #aihi4 7,c7 ,consumption baseline described ,the consumption baseline referred to in subparagraph 7,a77ii7 is the quantity equal to the sum of-- 7i7 the average annual quantity of all regulated substances consumed in the ,united ,states during the period-- 7,i7 beginning on ,january #a1 #bjaa2 and 7,,ii7 ending on ,december #ca1 #bjac2 and 7ii7 the quantity equal to the sum of-- 7,i7 #ae percent of the consumption level of hydrochlorofluorocarbons in calendar year #aihi2 and 7,,ii7 #j4db percent of the consumption level of chlorofluorocarbons in calendar year #aihi4 7,d7 ,exchange values 7i7 ,in general ,for purposes of establishing the baselines pursuant to subparagraphs 7,b7 and 7,c71 the ,administrator shall use the exchange values listed in the table contained in subsection 7c77#a7 for regulated substances and the following exchange values for hydrochlorofluorocarbons and chlorofluorocarbons3 ,table #b ,chemical ,name,common ,name,exchange ,value ,,chfc#ab;,,hcfc-#baaea ,,chf#b;,c#a ,,hcfc-#bbahaj ,c#b;,,hf#c;,c#ab;,,hcfc-#abcgg ,c#b;,,hf#d;,c#a;,,hcfc-#abdfji ,,ch#c;,,cfc#ab;,,hcfc-#ada;b#gbe ,,ch#c;,,cf#b;,c#a;,,hcfc-#adb;b#bcaj ,,cf#c;,,cf#b;,,chc#ab;,,hcfc-#bbe;ca#ab b ,,cf#b;,c#a;,,cf#b;,,chc#a;,,fhcfc-#bbe; cb #eie ,table #c ,chemical ,name,common ,name,exchange ,value ,,cfc#ac;,,cfc-#aadgej ,,cf#b;,c#ab;,,cfc-#abajijj ,c#b;,f#c;,c#ac;,,cfc-#aacfacj ,c#b;,f#d;,c#ab;,,cfc-#aadajjjj ,c#b;,f#e;,c#a;,,cfc-#aaegcgj 7ii7 ,review ,the ,administrator may-- 7,i7 review the exchange values listed in the tables contained in clause 7i7 on a periodic basis2 and 7,,ii7 subject to notice and opportunity for public comment1 adjust the exchange values solely on the basis of-- 7aa7 the best available science2 and 7bb7 other information consistent with widely used or commonly accepted existing exchange values4 7#b7 ,production and consumption phase-down 7,a7 ,in general ,during the period beginning on ,january #a of each year listed in the table contained in subparagraph 7,c7 and ending on ,december #ca of the year before the next year listed on that table1 except as otherwise permitted under this section1 no person shall-- 7i7 produce a quantity of a regulated substance without a corresponding quantity of production allowances1 except as provided in paragraph 7#e72 7ii7 consume a quantity of a regulated substance without a corresponding quantity of consumption allowances2 or 7iii7 hold1 use1 or transfer any production allowance or consumption allowance allocated under this section except in accordance with regulations promulgated by the ,administrator pursuant to subsection 7g74 7,b7 ,compliance ,for each year listed on the table contained in subparagraph 7,c71 the ,administrator shall ensure that the annual quantity of all regulated substances produced or consumed in the ,united ,states does not exceed the product obtained by multiplying-- 7i7 the production baseline or consumption baseline1 as applicable2 and 7ii7 the applicable percentage listed on the table contained in subparagraph 7,c74 7,c7 ,relation to baseline ,on ,january #a of each year listed in the following table1 the ,administrator shall apply the applicable percentage1 as described in subparagraph 7,a73 ,date,percentage of ,production ,baseline,percentage of ,consumption ,baseline #bjbj-bjbcij percent#ij percent #bjbd-bjbhfj percent#fj percent #bjbi-bjcccj percent#cj percent #bjcd-bjcebj percent#bj percent #bjcf and thereafter#ae percent#ae percent 7,d7 ,allowances 7i7 ,quantity ,not later than ,october #a of each calendar year1 the ,administrator shall use the quantity calculated under subparagraph 7,b7 to determine the quantity of allowances for the production and consumption of regulated substances that may be used for the following calendar year4 7ii7 ,nature of allowances 7,i7 ,in general ,an allowance allocated under this section-- 7aa7 does not constitute a property right2 and 7bb7 is a limited authorization for the production or consumption of a regulated substance under this section4 7,,ii7 ,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 7,i77bb74 7#c7 ,regulations regarding production and consumption of regulated substances ,not later than #bgj days after the date of enactment of this ,act1 which shall include a period of notice and opportunity for public comment1 the ,administrator shall issue a final rule-- 7,a7 phasing down the production of regulated substances in the ,united ,states through an allowance allocation and trading program in accordance with this section2 and 7,b7 phasing down the consumption of regulated substances in the ,united ,states through an allowance allocation and trading program in accordance with the schedule under paragraph 7#b77;,c7 7subject to the same exceptions and other requirements as are applicable to the phase-down of production of regulated substances under this section74 7#d7 ,exceptions2 essential uses 7,a7 ,feedstocks and process agents ,except for the reporting requirements described in subsection 7d77#a71 this section does not apply to-- 7i7 a regulated substance that is used and entirely consumed 7except for trace quantities7 in the manufacture of another chemical2 or 7ii7 a regulated substance that is used and not entirely consumed in the manufacture of another chemical1 if the remaining amounts of the regulated substance are subsequently destroyed4 7,b7 ,essential uses 7i7 ,in general ,beginning on the date of enactment of this ,act and subject to paragraphs 7#b7 and 7#c7 and clauses 7ii7 and 7iii71 the ,administrator may1 by rule1 after considering technical achievability1 commercial demands1 affordability for residential and small business consumers1 safety1 and other relevant factors1 including overall economic costs and environmental impacts compared to historical trends1 allocate a quantity of allowances for a period of not more than #e years for the production and consumption of a regulated substance exclusively for the use of the regulated substance in an application1 if-- 7,i7 no safe or technically achievable substitute will be available during the applicable period for that application2 and 7,,ii7 the supply of the regulated substance that manufacturers or users of the regulated substance for that application are capable of securing from chemical manufacturers1 as authorized under paragraph 7#b77;,a71 including any quantities of a regulated substance available from production or import1 is insufficient to accommodate the application4 7ii7 ,petition ,if the ,administrator receives a petition requesting the designation of an application as an essential use under clause 7i71 the ,administrator shall-- 7,i7 not later than #ahj days after the date on which the ,administrator receives the petition-- 7aa7 make the complete petition available to the public2 and 7bb7 when making the petition available to the public under item 7aa71 propose and seek public comment on-- 7,,aa7 a determination of whether to designate the application as an essential use2 and 7,,bb7 if the ,administrator proposes to designate the application as an essential use1 making the requisite allocation of allowances2 and 7,,ii7 not later than #bgj days after the date on which the ,administrator receives the petition1 take final action on the petition4 7iii7 ,limitation ,a person receiving an allocation under clause 7i7 or 7iv7 or as a result of a petition granted under clause 7ii7 may not produce or consume a produced quantity of regulated substances that1 considering the respective exchange values of the regulated substances1 exceeds the number of allowances issued under paragraphs 7#b7 and 7#c7 that are held by that person4 7iv7 ,mandatory allocations 7,i7 ,in general ,notwithstanding clause 7i7 and subject to clause 7iii7 and paragraphs 7#b7 and 7#c71 for the #e-year period beginning on the date of enactment of this ,act1 the ,administrator shall allocate the full quantity of allowances necessary1 based on projected1 current1 and historical trends1 for the production or consumption of a regulated substance for the exclusive use of the regulated substance in an application solely for-- 7aa7 a propellant in metered-dose inhalers2 7bb7 defense sprays2 7cc7 structural composite preformed polyurethane foam for marine use and trailer use2 7dd7 the etching of semiconductor material or wafers and the cleaning of chemical vapor deposition chambers within the semiconductor manufacturing sector2 7ee7 mission-critical military end uses1 such as armored vehicle engine and shipboard fire suppression systems and systems used in deployable and expeditionary applications2 and 7ff7 onboard aerospace fire suppression4 7,,ii7 ,requirement ,the allocation of allowances under subclause 7,i7 shall be determined through a rulemaking4 7v7 ,review 7,i7 ,in general ,for each essential use application receiving an allocation of allowances under clause 7i7 or 7iv71 the ,administrator shall review the availability of substitutes1 including any quantities of the regulated substance available from reclaiming or prior production1 not less frequently than once every #e years4 7,,ii7 ,extension ,if1 pursuant to a review under subclause 7,i71 the ,administrator determines1 subject to notice and opportunity for public comment1 that the requirements described in subclauses 7,i7 and 7,,ii7 of clause 7i7 are met1 the ,administrator shall authorize the production or consumption1 as applicable1 of any regulated substance used in the application for renewable periods of not more than #e years for exclusive use in the application4 7#e7 ,domestic manufacturing ,notwithstanding paragraph 7#b77;,a77i71 the ,administrator may1 by rule1 authorize a person to produce a regulated substance in excess of the number of production allowances held by that person1 subject to the conditions that-- 7,a7 the authorization is-- 7i7 for a renewable period of not more than #e years2 and 7ii7 subject to notice and opportunity for public comment2 and 7,b7 the production-- 7i7 is at a facility located in the ,united ,states2 7ii7 is solely for export to1 and use in1 a foreign country that is not subject to the prohibition in subsection 7j77#a72 and 7iii7 would not violate paragraph 7#b77;,b74 7f7 ,accelerated schedule 7#a7 ,in general ,subject to paragraph 7#d71 the ,administrator may1 only in response to a petition submitted to the ,administrator in accordance with paragraph 7#c7 and after notice and opportunity for public comment1 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 7e77#b77;,c74 7#b7 ,requirements ,any regulations promulgated under this subsection-- 7,a7 shall-- 7i7 apply uniformly to the allocation of production and consumption allowances for regulated substances1 in accordance with subsection 7e77#c72 7ii7 ensure that there will be sufficient quantities of regulated substances1 including substances available from reclaiming1 prior production1 or prior import1 to meet the needs for-- 7,i7 applications that receive an allocation under clause 7i7 of subsection 7e77#d77;,b72 and 7,,ii7 all applications that receive a mandatory allocation under items 7aa7 through 7ff7 of clause 7iv77,i7 of that subsection2 and 7iii7 foster continued reclamation of and transition from regulated substances2 and 7,b7 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 7#c77;,c77iii77,i74 7#c7 ,petition 7,a7 ,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 7#a74 7,b7 ,requirement ,a petition submitted under subparagraph 7,a7 shall-- 7i7 be made at such time1 in such manner1 and containing such information as the ,administrator shall require2 and 7ii7 include a showing by the petitioner that there are data to support the petition4 7,c7 ,timelines 7i7 ,in general ,if the ,administrator receives a petition under subparagraph 7,a71 the ,administrator shall-- 7,i7 not later than #ahj days after the date on which the ,administrator receives the petition-- 7aa7 make the complete petition available to the public2 and 7bb7 when making the petition available to the public under item 7aa71 propose and seek public comment on the proposal of the ,administrator to grant or deny the petition2 and 7,,ii7 not later than #bgj days after the date on which the ,administrator receives the petition1 take final action on the petition4 7ii7 ,factors for determination ,in making a determination to grant or deny a petition submitted under subparagraph 7,a71 the ,administrator shall1 to the extent practicable1 factor in-- 7,i7 the best available data2 7,,ii7 the availability of substitutes for uses of the regulated substance that is the subject of the petition1 taking into account technological achievability1 commercial demands1 affordability for residential and small business consumers1 safety1 consumer costs1 building codes1 appliance efficiency standards1 contractor training costs1 and other relevant factors1 including the quantities of regulated substances available from reclaiming1 prior production1 or prior import2 7,,iii7 overall economic costs and environmental impacts1 as compared to historical trends2 and 7,,iv7 the remaining phase-down period for regulated substances under the final rule issued under subsection 7e77#c71 if applicable4 7iii7 ,regulations ,after receiving public comment with respect to the proposal under clause 7i77,i77bb71 if the ,administrator makes a final determination to grant a petition under subparagraph 7,a71 the final regulations with respect to the petition shall-- 7,i7 be promulgated by not later than #a year after the date on which the ,administrator makes the proposal to grant the petition under that clause2 and 7,,ii7 meet the requirements of paragraph 7#b74 7,d7 ,publication ,when the ,administrator makes a final determination to grant or deny a petition under subparagraph 7,a71 the ,administrator shall publish a description of the reasons for that grant or denial1 including a description of the information considered under subclauses 7,i7 through 7,,iv7 of subparagraph 7,c77ii74 7,e7 ,insufficient information ,if the ,administrator determines that the data included under subparagraph 7,b77ii7 in a petition are not sufficient to make a determination under this paragraph1 the ,administrator shall use any authority available to the ,administrator to acquire the necessary data4 7#d7 ,date of effectiveness ,the ,administrator may not promulgate under paragraph 7#a7 a regulation for the production or consumption of regulated substances that is more stringent than the production or consumption levels required under subsection 7e77#b77;,c7 that takes effect before ,january #a1 #bjbe4 7#e7 ,review 7,a7 ,in general ,the ,administrator shall review the availability of substitutes for regulated substances subject to an accelerated schedule established under paragraph 7#a7 in each sector and subsector in which the regulated substance is used1 taking into account technological achievability1 commercial demands1 safety1 and other relevant factors1 including the quantities of regulated substances available from reclaiming1 prior production1 or prior import1 by ,january #a1 #bjbf 7for the first review71 by ,january #a1 #bjca 7for the second review71 and at least once every #e years thereafter4 7,b7 ,public availability ,the ,administrator shall make the results of a review conducted under subparagraph 7,a7 publicly available4 7#f7 ,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 7e77#b77;,c74 7g7 ,exchange authority 7#a7 ,transfers ,not later than #bgj days after the date of enactment of this ,act1 which shall include a period of notice and opportunity for public comment1 the ,administrator shall promulgate a final regulation that governs the transfer of allowances for the production of regulated substances under subsection 7e77#c77;,a7 that uses-- 7,a7 the applicable exchange values described in the table contained in subsection 7c77#a72 or 7,b7 the exchange value described in the rule designating the substance as a regulated substance under subsection 7c77#c74 7#b7 ,requirements ,the final rule promulgated pursuant to paragraph 7#a7 shall-- 7,a7 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 transfers2 7,b7 permit #b or more persons to transfer production allowances if the transferor of the allowances will be subject1 under the final rule1 to an enforceable and quantifiable reduction in annual production that-- 7i7 exceeds the reduction otherwise applicable to the transferor under this section2 7ii7 exceeds the quantity of production represented by the production allowances transferred to the transferee2 and 7iii7 would not have occurred in the absence of the transaction2 and 7,c7 provide for the trading of consumption allowances in the same manner as is applicable under this subsection to the trading of production allowances4 7h7 ,management of regulated substances 7#a7 ,in general ,for purposes of maximizing reclaiming and minimizing the release of a regulated substance from equipment and ensuring the safety of technicians and consumers1 the ,administrator shall promulgate regulations to control1 where appropriate1 any practice1 process1 or activity regarding the servicing1 repair1 disposal1 or installation of equipment 7including requiring1 where appropriate1 that any such servicing1 repair1 disposal1 or installation be performed by a trained technician meeting minimum standards1 as determined by the ,administrator7 that involves-- 7,a7 a regulated substance2 7,b7 a substitute for a regulated substance2 7,c7 the reclaiming of a regulated substance used as a refrigerant2 or 7,d7 the reclaiming of a substitute for a regulated substance used as a refrigerant4 7#b7 ,reclaiming 7,a7 ,in general ,in carrying out this section1 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 refrigerants4 7,b7 ,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 owner1 except where the recovered regulated substance is sold or transferred to a new owner solely for the purposes of being reclaimed or destroyed4 7#c7 ,coordination ,in promulgating regulations to carry out this subsection1 the ,administrator may coordinate those regulations with any other regulations promulgated by the ,administrator that involve-- 7,a7 the same or a similar practice1 process1 or activity regarding the servicing1 repair1 disposal1 or installation of equipment2 or 7,b7 reclaiming4 7#d7 ,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 foam4 7#e7 ,small business grants 7,a7 ,definition of small business concern ,in this paragraph1 the term small business concern has the same meaning as in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 7,b7 ,establishment ,subject to the availability of appropriations1 the ,administrator shall establish a grant program to award grants to small business concerns for the purchase of new specialized equipment for the recycling1 recovery1 or reclamation of a substitute for a regulated substance1 including the purchase of approved refrigerant recycling equipment 7as defined in section #fji7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfga;h7b777 for recycling1 recovery1 or reclamation in the service or repair of motor vehicle air conditioning systems4 7,c7 ,matching funds ,the non-,federal share of a project carried out with a grant under this paragraph shall be not less than #be percent4 7,d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this paragraph #e1jjj1jjj for each of fiscal years #bjba through #bjbc4 7i7 ,technology transitions 7#a7 ,authority ,subject to the provisions of this subsection1 the ,administrator may by rule restrict1 fully1 partially1 or on a graduated schedule1 the use of a regulated substance in the sector or subsector in which the regulated substance is used4 7#b7 ,negotiated rulemaking 7,a7 ,consideration required ,before proposing a rule for the use of a regulated substance for a sector or subsector under paragraph 7#a71 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 #e of title #e1 ,united ,states ,code 7commonly known as the ,negotiated ,rulemaking ,act of #aiij74 7,b7 ,negotiated rulemakings ,if the ,administrator negotiates a rulemaking with stakeholders using the procedure described in subparagraph 7,a71 the ,administrator shall1 to the extent practicable1 give priority to completing that rulemaking over completing rulemakings under this subsection that were not negotiated using that procedure4 7,c7 ,no negotiated rulemaking ,if the ,administrator does not negotiate a rulemaking with stakeholders using the procedure described in subparagraph 7,a71 the ,administrator shall1 before commencement of the rulemaking process for a rule under paragraph 7#a71 publish an explanation of the decision of the ,administrator to not use that procedure4 7#c7 ,petitions 7,a7 ,in general ,a person may petition the ,administrator to promulgate a rule under paragraph 7#a7 for the restriction on use of a regulated substance in a sector or subsector1 which shall include a request that the ,administrator negotiate with stakeholders in accordance with paragraph 7#b77;,a74 7,b7 ,response ,the ,administrator shall grant or deny a petition under subparagraph 7,a7 not later than #ahj days after the date of receipt of the petition4 7,c7 ,requirements 7i7 ,explanation ,if the ,administrator denies a petition under subparagraph 7,b71 the ,administrator shall publish in the ,federal ,register an explanation of the denial4 7ii7 ,final rule ,if the ,administrator grants a petition under subparagraph 7,b71 the ,administrator shall promulgate a final rule not later than #b years after the date on which the ,administrator grants the petition4 7iii7 ,publication of petitions ,not later than #cj days after the date on which the ,administrator receives a petition under subparagraph 7,a71 the ,administrator shall make that petition available to the public in full4 7#d7 ,factors for determination ,in carrying out a rulemaking using the procedure described in paragraph 7#b7 or making a determination to grant or deny a petition submitted under paragraph 7#c71 the ,administrator shall1 to the extent practicable1 factor in-- 7,a7 the best available data2 7,b7 the availability of substitutes for use of the regulated substance that is the subject of the rulemaking or petition1 as applicable1 in a sector or subsector1 taking into account technological achievability1 commercial demands1 affordability for residential and small business consumers1 safety1 consumer costs 1 building codes1 appliance efficiency standards1 contractor training costs1 and other relevant factors1 including the quantities of regulated substances available from reclaiming1 prior production1 or prior import2 7,c7 overall economic costs and environmental impacts1 as compared to historical trends2 and 7,d7 the remaining phase-down period for regulated substances under the final rule issued under subsection 7e77#c71 if applicable4 7#e7 ,evaluation ,in carrying out this subsection1 the ,administrator shall-- 7,a7 evaluate substitutes for regulated substances in a sector or subsector1 taking into account technological achievability1 commercial demands1 safety1 overall economic costs and environmental impacts1 and other relevant factors2 and 7,b7 make the evaluation under subparagraph 7,a7 available to the public1 including the factors associated with the safety of those substitutes4 7#f7 ,effective date of rules ,no rule under this subsection may take effect before the date that is #a year after the date on which the ,administrator promulgates the applicable rule under this subsection4 7#g7 ,applicability 7,a7 ,definition of retrofit ,in this paragraph1 the term retrofit means to upgrade existing equipment where the regulated substance is changed1 which-- 7i7 includes the conversion of equipment to achieve system compatibility2 and 7ii7 may include changes in lubricants1 gaskets1 filters1 driers1 valves1 o-rings1 or equipment components for that purpose4 7,b7 ,applicability of rules ,a rule promulgated under this subsection shall not apply to-- 7i7 an essential use under clause 7i7 or 7iv7 of subsection 7e77#d77;,b71 including any use for which the production or consumption of the regulated substance is extended under clause 7v77,,ii7 of that subsection2 or 7ii7 except for a retrofit application1 equipment in existence in a sector or subsector before the date of enactment of this ,act4 7j7 ,international cooperation 7#a7 ,in general ,subject to paragraph 7#b71 no person subject to the requirements of this section shall trade or transfer a production allowance or1 after ,january #a1 #bjcc1 export a regulated substance to a person in a foreign country that1 as determined by the ,administrator1 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 section4 7#b7 ,transfers ,pursuant to paragraph 7#a71 a person in the ,united ,states may engage in a trade or transfer of a production allowance-- 7,a7 to a person in a foreign country if1 at the time of the transfer1 the ,administrator revises the number of allowances for production under subsection 7e77#b71 as applicable1 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-- 7i7 the maximum production level permitted for the applicable regulated substance in the year of the transfer under this section1 less the production allowances transferred2 7ii7 the maximum production level permitted for the applicable regulated substances in the transfer year under applicable law1 less the production allowances transferred2 and 7iii7 the average of the actual national production level of the applicable regulated substances for the #c-year period ending on the date of the transfer1 less the production allowances transferred2 or 7,b7 from a person in a foreign country if1 at the time of the trade or transfer1 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 subsection4 7#c7 ,effect of transfers on production limits ,the ,administrator may-- 7,a7 reduce the production limits established under subsection 7e77#b77;,b7 as required as a prerequisite to a transfer described in paragraph 7#b77;,a72 or 7,b7 increase the production limits established under subsection 7e77#b77;,b7 to reflect production allowances acquired under a trade or transfer described in paragraph 7#b77;,b74 7#d7 ,regulations ,the ,administrator shall-- 7,a7 not later than #a year after the date of enactment of this ,act1 promulgate a final rule to carry out this subsection2 and 7,b7 not less frequently than annually1 review and1 if necessary1 revise the final rule promulgated pursuant to subparagraph 7,a74 7k7 ,relationship to other law 7#a7 ,implementation 7,a7 ,rulemakings ,the ,administrator may promulgate such regulations as are necessary to carry out the functions of the ,administrator under this section4 7,b7 ,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 appropriate4 7,c7 ,clean ,air ,act ,sections #aac1 #aad1 #cjd1 and #cjg of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdac1 #gdad1 #gfjd1 #gfjg7 shall apply to this section and any rule1 rulemaking1 or regulation promulgated by the ,administrator pursuant to this section as though this section were expressly included in title ,,vi of that ,act 7#db ,u4,s4,c4 #gfga et seq474 7#b7 ,preemption 7,a7 ,in general ,subject to subparagraph 7,b71 during the #e-year period beginning on the date of enactment of this ,act1 and with respect to an exclusive use for which a mandatory allocation of allowances is provided under subsection 7e77#d77;,b77iv77,i71 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 use4 7,b7 ,extension 7i7 ,in general ,subject to clause 7ii71 if1 pursuant to subclause 7,i7 of subsection 7e77#d77;,b77v71 the ,administrator authorizes an additional period under subclause 7,,ii7 of that subsection for the production or consumption of a regulated substance for an exclusive use described in subparagraph 7,a71 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 period4 7ii7 ,limitation ,the period for which the limitation under clause 7i7 applies shall not exceed #e years from the date on which the period described in subparagraph 7,a7 ends4 ,t ,,smithsonian ,,american ,,women',s ,,history ,,museum ,,act ,,and ,,national ,,museum ,,of ,,the ,,american ,,latino ,i ,smithsonian ,american ,women's ,history ,museum ,act #aja4 ,short title ,this title may be cited as the ,smithsonian ,american ,women's ,history ,museum ,act4 #ajb4 ,findings ,congress finds the following3 7#a7 ,since its founding1 the ,united ,states has greatly benefitted from the contributions of women4 7#b7 ,historical accounts1 monuments1 memorials1 and museums disproportionately represent men's achievements and contributions and often neglect those of women4 ,for example-- 7,a7 a study of #ah ,united ,states history textbooks concluded that #aj percent of the material documented contributions of women2 7,b7 #i statues out of #ia in the ,united ,states ,capitol's ,national ,statuary ,hall depict women2 and 7,c7 only one of the #dd monuments operated by the ,national ,park ,service specifically honors the achievements of women after the #bjaf designation of the ,belmont-,paul ,women's ,equality ,national ,monument4 7#c7 ,there exists no national museum in the ,united ,states that is devoted to the documentation of women's contributions throughout the ,nation's history4 7#d7 ,on ,december #ai1 #bjad1 ,congress created a ,congressional ,commission to study the potential for an ,american museum of women's history4 ,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 ,states4 7#e7 ,a comprehensive women's history museum would document the full spectrum of the experiences of women in the ,united ,states1 represent a diverse range of viewpoints1 experiences1 and backgrounds1 more accurately depict the history of the ,united ,states1 and add value to the ,smithsonian ,institution4 7#f7 ,the collections1 exhibits1 historical narrative materials1 and museum programming of the women's history museum should be inclusive1 comprehensive1 and innovative4 ,such collections1 exhibits1 materials1 and programming should present the diverse range of experiences and viewpoints of all women in the ,united ,states1 reflecting upon the things that set women apart from one another while also highlighting the experiences that many of these women share4 #ajc4 ,establishment of museum 7a7 ,establishment ,there is established within the ,smithsonian ,institution a comprehensive women's history museum1 to be named by the ,board of ,regents in consultation with the council established under section #ajd 7referred to in this ,act as the ,museum74 7b7 ,purpose ,the purpose of the ,museum established under this section shall be to provide for-- 7#a7 the collection and study of1 and the establishment of programs relating to1 women's contributions to various fields and throughout different periods of history that have influenced the direction of the ,united ,states2 7#b7 collaboration with other ,smithsonian ,institution museums and facilities1 outside museums1 and educational institutions2 and 7#c7 the creation of exhibitions and programs that recognize diverse perspectives on women's history and contributions4 #ajd4 ,council 7a7 ,establishment ,there is established within the ,smithsonian ,institution a council to carry out the duties set forth under subsection 7b7 and other provisions of this ,act 7referred to in this section as the ,council74 7b7 ,duties 7#a7 ,in general ,the ,council established under this section shall-- 7,a7 make recommendations to the ,board of ,regents concerning the planning1 design1 and construction of the ,museum2 7,b7 advise and assist the ,board of ,regents on all matters relating to the administration1 operation1 maintenance1 and preservation of the ,museum2 7,c7 recommend annual operating budgets for the ,museum to the ,board of ,regents2 7,d7 report annually to the ,board of ,regents on the acquisition1 disposition1 and display of objects relating to women's art1 history1 and culture2 and 7,e7 adopt bylaws for the operation of the ,council4 7#b7 ,principal responsibilities ,the ,council1 subject to the general policies of the ,board of ,regents1 shall have sole authority to-- 7,a7 purchase1 accept1 borrow1 and otherwise acquire artifacts for addition to the collections of the ,museum2 7,b7 loan1 exchange1 sell1 and otherwise dispose of any part of the collections of the ,museum1 but only if the funds generated by that disposition are used for additions to the collections of the ,museum2 or 7,c7 specify criteria with respect to the use of the collections and resources of the ,museum1 including policies on programming1 education1 exhibitions1 and research with respect to-- 7i7 the life1 art1 history1 and culture of women2 7ii7 the role of women in the history of the ,united ,states2 and 7iii7 the contributions of women to society4 7#c7 ,other responsibilities ,the ,council1 subject to the general policies of the ,board of ,regents1 shall have authority-- 7,a7 to provide for preservation1 restoration1 and maintenance of the collections of the ,museum2 and 7,b7 to solicit1 accept1 use1 and dispose of gifts1 bequests1 and devises of personal property for the purpose of aiding and facilitating the work of the ,museum4 7#d7 ,ensuring diversity of political viewpoints in exhibits and programs ,in carrying out its duties1 the ,council shall ensure that the exhibits and programs of the ,museum reflect1 to the extent practicable1 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 ,states4 7c7 ,composition and appointment 7#a7 ,in general ,the ,council shall be composed of #be voting members as provided under paragraph 7#b74 7#b7 ,voting members ,the ,council shall include the following voting members3 7,a7 ,one member appointed by the majority leader of the ,senate4 7,b7 ,one member appointed by the minority leader of the ,senate4 7,c7 ,one member appointed by the ,speaker of the ,house of ,representatives4 7,d7 ,one member appointed by the minority leader of the ,house of ,representatives4 7,e7 ,the ,secretary of the ,smithsonian ,institution4 7,f7 ,one member of the ,board of ,regents1 appointed by the ,board of ,regents4 7,g7 ,nineteen individuals appointed by the ,board of ,regents4 ,in appointing members under this subparagraph1 the ,board of ,regents should give special consideration to appointing-- 7i7 members of the ,congressional ,commission2 7ii7 board members of the ,national ,women's ,history ,museum1 a nonprofit1 educational organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf that was incorporated in #aiif in the ,district of ,columbia and that is dedicated for the purpose of establishing a women's history museum2 and 7iii7 scholars and representatives of organizations that are committed to the study of women's history4 7#c7 ,initial appointments ,the ,board of ,regents shall make initial appointments to the ,council under paragraph 7#b7 not later than #ahj days after the date of the enactment of this ,act4 7d7 ,terms 7#a7 ,in general ,except as provided in this subsection1 each appointed member of the ,council shall be appointed for a term of #c years4 7#b7 ,initial appointees ,as designated by the ,board of ,regents at the time of appointment1 of the voting members first appointed under subparagraph 7,g7 of subsection 7c77#b7-- 7,a7 #g members shall be appointed for a term of #a year2 7,b7 #f members shall be appointed for a term of #b years2 and 7,c7 #f members shall be appointed for a term of #c years4 7#c7 ,reappointment ,a member of the ,council may be reappointed1 except that no individual may serve on the ,council for a total of more than #b terms4 ,for purposes of this paragraph1 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 7#d77;,b74 7#d7 ,vacancies 7,a7 ,in general ,a vacancy on the ,council-- 7i7 shall not affect the powers of the ,council2 and 7ii7 shall be filled in the same manner as the original appointment was made4 7,b7 ,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 term4 7e7 ,compensation 7#a7 ,in general ,except as provided in paragraph 7#b71 a member of the ,council shall serve without pay4 7#b7 ,travel expenses ,a member of the ,council shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for an employee of an agency under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the home or regular place of business of the member in the performance of the duties of the ,council4 7f7 ,chairperson ,by a majority vote of its voting members1 the ,council shall elect a chairperson from its members4 7g7 ,meetings 7#a7 ,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 ,council1 but not fewer than twice each year4 7#b7 ,initial meetings ,during the #a-year period beginning on the date of the first meeting of the ,council1 the ,council shall meet not fewer than #d times for the purpose of carrying out the duties of the ,council under this ,act4 7h7 ,quorum ,a majority of the voting members of the ,council holding office shall constitute a quorum for the purpose of conducting business1 but a lesser number may receive information on behalf of the ,council4 #aje4 ,director and ,staff of the ,museum 7a7 ,director 7#a7 ,in general ,the ,museum shall have a ,director who shall be appointed by the ,secretary1 taking into consideration individuals recommended by the council established under section #ajd4 7#b7 ,duties ,the ,director shall manage the ,museum subject to the policies of the ,board of ,regents4 7b7 ,staff ,the ,secretary may appoint #b additional employees to serve under the ,director1 except that such additional employees may be appointed without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service4 7c7 ,pay ,the employees appointed by the ,secretary under subsection 7b7 may be paid without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates4 #ajf4 ,educational and ,liaison ,programs 7a7 ,programs authorized ,the ,director of the ,museum may carry out educational and liaison programs in support of the goals of the ,museum4 7b7 ,collaboration with schools ,in carrying out this section1 the ,director shall carry out educational programs in collaboration with elementary schools1 secondary schools1 and postsecondary schools4 #ajg4 ,building 7a7 ,location 7#a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 the ,board of ,regents shall designate a site for the ,museum4 7#b7 ,sites for consideration ,in designating a site under paragraph 7#a71 the ,board of ,regents shall-- 7,a7 select a site in the ,district of ,columbia2 and 7,b7 include the consideration of the following sites3 7i7 ,the site known as the ,south ,monument site1 located on the ,national ,mall and bordered by #adth ,street ,northwest1 ,jefferson ,drive ,southwest1 ,raoul ,wallenberg ,place ,southwest1 and ,independence ,ave ,southwest4 7ii7 ,the ,northwest ,united ,states ,capitol site1 bordered by #crd ,street ,northwest1 ,constitution ,avenue ,northwest1 #ast ,street ,northwest1 and ,pennsylvania ,ave ,northwest4 7#c7 ,factors considered ,in designating a site under paragraph 7#a71 the ,board of ,regents shall take into consideration each of the following factors3 7,a7 ,an estimate of the costs associated with each potential site4 7,b7 ,an assessment of the suitability of the space of each potential site1 including size1 proximity to other buildings and transportation1 and other external environmental conditions1 as appropriate4 7,c7 ,the recommendations of the ,congressional ,commission4 7#d7 ,consultation ,the ,board of ,regents shall carry out its duties under this subsection in consultation with each of the following3 7,a7 ,the ,chair of the ,national ,capital ,planning ,commission4 7,b7 ,the ,director of the ,national ,park ,service4 7,c7 ,the ,chair of the ,national ,capital ,memorial ,advisory ,commission4 7,d7 ,the ,chair of the ,commission on ,fine ,arts4 7,e7 ,the ,chair of the ,congressional ,commission4 7,f7 ,the ,architect of the ,capitol4 7,g7 ,the chair and ranking member of each of the following committees3 7i7 ,the ,committee on ,rules and ,administration of the ,senate4 7ii7 ,the ,committee on ,house ,administration of the ,house of ,representatives4 7iii7 ,the ,committee on ,energy and ,natural ,resources of the ,senate4 7iv7 ,the ,committee on ,natural ,resources of the ,house of ,representatives4 7v7 ,the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7vi7 ,the ,committee on ,appropriations of the ,house of ,representatives4 7vii7 ,the ,committee on ,appropriations of the ,senate4 7#e7 ,intent of congress ,it is the intent of ,congress that the ,museum be located on or near the ,national ,mall1 to the maximum extent practicable1 in accordance with this section4 7b7 ,site ,under the ,jurisdiction of ,another ,federal ,agency 7#a7 ,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 7a77#d77;,g7 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 entity4 7#b7 ,transfer ,as soon as practicable after the date on which ,congress receives the written notification described in paragraph 7#a71 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 ,museum4 7c7 ,construction of building ,the ,board of ,regents1 in consultation with the council established under section #ajd1 may plan1 design1 and construct a building for the ,museum1 which shall be located at the site designated by the ,board of ,regents under subsection 7a71 in accordance with this section4 7d7 ,commemorative ,works ,act ,chapter #hi of title #dj1 ,united ,states ,code1 shall not apply with respect to the ,museum1 except that the ,museum shall not be located in the ,reserve 7as defined in section #hijb7;a7 of that title74 7e7 ,cost ,sharing ,the ,board of ,regents shall pay-- 7#a7 #ej percent of the costs of carrying out this section from ,federal funds2 and 7#b7 #ej percent of the costs of carrying out this section from non-,federal sources4 #ajh4 ,definitions ,in this ,act1 the following definitions apply3 7#a7 ,the term ,board of ,regents means the ,board of ,regents of the ,smithsonian ,institution4 7#b7 ,the term ,congressional ,commission means the ,commission to ,study the ,potential ,creation of a ,national ,women's ,history ,museum1 established under section #cjef of the ,military ,construction ,authorization ,act for ,fiscal ,year #bjae 7,public ,law #aac-bia2 #abh ,stat4 #chaj74 7#c7 ,the term ,secretary means the ,secretary of the ,smithsonian ,institution4 #aji4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated to the ,smithsonian ,institution to carry out this ,act1 including the planning1 design1 construction1 and operation of the ,museum established under section #ajc1 such sums as may be necessary for fiscal year #bjbj and each succeeding fiscal year4 7b7 ,availability ,amounts appropriated pursuant to the authorization under this section shall remain available until expended4 7c7 ,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 sources4 ,,ii ,national ,museum of the ,american ,latino #bja4 ,national ,museum of the ,american ,latino 7a7 ,findings ,congress finds the following3 7#a7 ,the ,united ,states is a symbol of democracy1 freedom1 and economic opportunity around the world1 and the legacy of ,latinos is deeply rooted in the very fabric of the history1 democracy1 freedom1 and economic opportunity of the ,united ,states4 7#b7 ,there exists no national museum within the ,smithsonian ,institution that is devoted to the documentation and explication of ,latino life1 art1 history1 and culture4 7#c7 ,the establishment of the ,national ,museum of the ,american ,latino will be consistent with the purposes of the ,smithsonian ,institution1 created by ,congress in #ahdf1 for the increase and diffusion of knowledge4 7#d7 ,the ,national ,museum of the ,american ,latino-- 7,a7 will be the keystone for people in the ,united ,states and other ,smithsonian ,institution visitors to learn about ,latino contributions to life1 art1 history1 and culture in the ,united ,states at its signature location on the ,national ,mall2 and 7,b7 will serve as a gateway for visitors to view other ,latino exhibitions1 collections1 and programming at other ,smithsonian ,institution facilities and museums throughout the ,united ,states and the territories of the ,united ,states4 7b7 ,definitions ,in this section3 7#a7 ,board of ,regents ,the term ,board of ,regents means the ,board of ,regents of the ,smithsonian ,institution4 7#b7 ,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 7d74 7#c7 ,director ,the term ,director means the ,director of the ,national ,museum of the ,american ,latino4 7#d7 ,museum ,the term ,museum means the ,national ,museum of the ,american ,latino established by subsection 7c74 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,smithsonian ,institution4 7c7 ,establishment of museum 7#a7 ,establishment ,there is established within the ,smithsonian ,institution a museum to be known as the ,national ,museum of the ,american ,latino4 7#b7 ,purposes ,the purposes of the ,museum are-- 7,a7 to illuminate the story of the ,united ,states for the benefit of all by featuring ,latino contributions2 and 7,b7 to provide for-- 7i7 the collection1 study1 research1 publication1 and establishment of exhibitions and programs relating to ,latino life1 art1 history1 and culture that encompass-- 7,i7 ,latino contributions to the early history of what now encompasses the ,united ,states of ,america and its territories2 7,,ii7 ,latino contributions in the armed services from the earliest days of the ,american ,revolution to current military activities in defense of our freedoms2 7,,iii7 ,latino contributions to the freedom1 well-being1 and economic prosperity of all people in the ,united ,states through historical movements2 7,,iv7 entrepreneurial and charitable activities of ,latinos2 7,v7 contributions by ,latinos to-- 7aa7 the social1 natural1 and physical sciences2 and 7bb7 art1 history1 and culture1 including food1 music1 dance1 film1 theater1 sports1 and other forms of popular culture in the ,united ,states2 and 7ii7 collaboration between the ,museum1 other museums and research centers of the ,smithsonian ,institution1 and other museums and educational institutions throughout the ,united ,states and abroad1 to promote the study and appreciation of ,latino life1 art1 history1 culture1 and its impact on society in the ,united ,states1 including collaboration concerning joint research projects1 programs1 exhibitions1 collection management1 and training of museum staff4 7d7 ,board of trustees 7#a7 ,establishment ,there is established within the ,smithsonian ,institution a ,board of ,trustees of the ,museum with the duties1 powers1 and authority specified in this subsection4 7#b7 ,duties 7,a7 ,in general ,the ,board of ,trustees-- 7i7 shall-- 7,i7 make recommendations to the ,board of ,regents concerning the location1 planning1 design1 and construction of the ,museum2 7,,ii7 recommend annual operating budgets for the ,museum to the ,board of ,regents2 7,,iii7 adopt bylaws for the ,board of ,trustees2 7,,iv7 report annually to the ,board of ,regents on the acquisition1 disposition1 and display of ,latino collections1 objects and artifacts1 and on other appropriate matters2 and 7,v7 advise and assist the ,board of ,regents on all matters relating to the administration1 operation1 maintenance1 and preservation of the ,museum1 including long-term maintenance2 and 7ii7 may delegate the duties described in subclauses 7,i7 through 7,,iv7 of clause 7i7 to the ,director4 7,b7 ,principal responsibilities ,subject to the general policies of the ,board of ,regents1 the ,board of ,trustees shall have the sole authority to-- 7i7 purchase1 accept1 borrow1 or otherwise acquire artifacts and other objects for addition to the collections of the ,museum2 7ii7 loan1 exchange1 sell1 or otherwise dispose of any part of the collections of the ,museum1 with the proceeds of such transactions to be used for additions to the collections of the ,museum2 and 7iii7 specify criteria with respect to the use of the collections and resources of the ,museum1 including policies on programming1 education1 exhibitions1 and research with respect to-- 7,i7 the life1 art1 history1 culture1 and other aspects of ,latinos in the ,united ,states and the territories of the ,united ,states2 7,,ii7 the role of ,latinos in the history of the ,united ,states from the arrival of the first explorers to the ,americas to the present2 7,,iii7 the contributions of ,latinos to society and culture in the ,united ,states1 and exploring what it means to be an ,american2 and 7,,iv7 sharing how values in the ,united ,states such as resiliency1 optimism1 and spirituality are reflected in ,latino history and culture4 7,c7 ,other responsibilities ,subject to the general policies of the ,board of ,regents1 the ,board of ,trustees shall have authority to-- 7i7 provide for preservation1 restoration1 and maintenance of the collections of the ,museum2 and 7ii7 solicit1 accept1 use1 and dispose of gifts1 bequests1 and devises of personal and real property for the purpose of aiding and facilitating the work of the ,museum4 7,d7 ,ensuring diversity of political viewpoints in exhibits and programs ,in carrying out its duties1 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 ,states4 7#c7 ,composition and appointment 7,a7 ,in general ,the ,board of ,trustees shall be composed of not more than #ai voting members as provided under subparagraph 7,b74 7,b7 ,voting members ,the ,board of ,trustees shall include the following voting members3 7i7 ,the ,secretary of the ,smithsonian ,institution4 7ii7 ,the ,under ,secretary of ,museums and ,research of the ,smithsonian ,institution4 7iii7 ,the chair of the ,smithsonian ,national ,latino ,board4 7iv7 ,one member of the ,board of ,regents1 appointed by the ,board of ,regents4 7v7 ,two ,members of ,congress1 one from each political party1 designated by the ,congressional ,hispanic ,caucus and the ,congressional ,hispanic ,conference4 7vi7 ,thirteen individuals who shall be appointed by the ,board of ,regents after taking into consideration-- 7,i7 efforts to have a politically and geographically diverse representation on the ,board of ,trustees reflecting ,states and territories with significant ,latino populations2 7,,ii7 individuals recommended by members of the ,board of ,trustees2 and 7,,iii7 individuals recommended by organizations and entities that are committed to the advancement of knowledge of ,latino life1 art1 history1 and culture4 7,c7 ,initial appointments ,the ,board of ,regents shall make initial appointments to the ,board of ,trustees under subparagraph 7,b7 not later than #ahj days after the date of enactment of this ,act4 7#d7 ,terms of service 7,a7 ,in general ,except as provided in this paragraph1 each appointed member of the ,board of ,trustees shall be appointed for a term of #c years4 7,b7 ,initial appointees ,as designated by the ,board of ,regents at the time of appointment1 of the voting members first appointed under clause 7vi7 of paragraph 7#c77;,b7-- 7i7 ,five members shall be appointed for a term of #a year2 7ii7 ,four members shall be appointed for a term of #b years2 and 7iii7 ,four members shall be appointed for a term of #c years4 7,c7 ,reappointment ,a member of the ,board of ,trustees may be reappointed1 except that no individual may serve on the ,board of ,trustees for a total of more than #b full terms4 ,for purposes of this subparagraph1 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 7,d77ii74 7,d7 ,vacancies 7i7 ,in general ,a vacancy on the ,board of ,trustees-- 7,i7 shall not affect the powers of the ,board of ,trustees2 and 7,,ii7 shall be filled in the same manner as the original appointment was made4 7ii7 ,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 term4 7#e7 ,compensation 7,a7 ,in general ,except as provided in subparagraph 7,b71 a member of the ,board of ,trustees shall serve without pay4 7,b7 ,travel expenses ,a member of the ,board of ,trustees shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for an employee of an agency under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the home or regular place of business of the member in the performance of the duties of the ,board of ,trustees4 7#f7 ,chairperson ,by a majority vote of its voting members1 the ,board of ,trustees shall elect a chairperson from its members4 7#g7 ,meetings 7,a7 ,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 ,trustees1 but not fewer than twice each year4 7,b7 ,meeting format ,regularly scheduled meetings and special meetings may be conducted in-person1 telephonically1 electronically1 or by any means appropriate as determined by the chairperson4 7#h7 ,quorum ,a majority of the voting members of the ,board of ,trustees holding office shall constitute a quorum for the purpose of conducting business1 but a lesser number may receive information on behalf of the ,board of ,trustees4 7e7 ,director and staff of museum 7#a7 ,director 7,a7 ,in general ,the ,museum shall have a ,director who shall be appointed by the ,secretary in consultation with ,board of ,trustees4 ,the ,secretary may appoint an interim ,director to oversee the initial activity of establishing the ,museum until a permanent ,director is selected4 7,b7 ,duties ,the ,director shall manage the ,museum subject to the policies of the ,board of ,regents and the ,board of ,trustees4 7#b7 ,staff ,the ,secretary may appoint two additional employees to serve under the ,director1 except that such additional employees may be appointed without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service4 7#c7 ,pay ,the employees appointed by the ,secretary under paragraph 7#b7 may be paid without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates4 7f7 ,educational and liaison programs 7#a7 ,in general 7,a7 ,programs authorized ,the ,director of the ,museum may carry out educational and liaison programs in support of the goals of the ,museum4 7,b7 ,specific activities ,in carrying out this subsection1 the ,director shall-- 7i7 carry out educational programs relating to ,latino life1 art1 history1 and culture1 including-- 7,i7 programs using digital1 electronic1 and interactive technologies2 and 7,,ii7 programs carried out in collaboration with elementary schools1 secondary schools1 and postsecondary schools2 and 7ii7 consult with the ,director of the ,institute of ,museum and ,library ,services concerning the grant programs carried out under paragraph 7#b74 7#b7 ,grant programs 7,a7 ,in general ,the ,director of the ,institute of ,museum and ,library ,services1 in consultation with the ,board of ,trustees and the ,director of the ,museum1 shall establish and carry out-- 7i7 a grant program with the purpose of improving operations1 care of collections1 culturally appropriate public outreach1 and development of professional management at ,american ,latino museums2 7ii7 a grant program with the purpose of providing internship and fellowship opportunities at ,american ,latino museums2 7iii7 a scholarship program1 in partnership with ,hispanic-serving institutions1 minority-serving institutions1 historically black colleges and universities1 and other institutions of higher education1 with the purpose of assisting individuals who are pursuing careers or carrying out studies in the arts1 humanities1 and sciences in the study of ,american ,latino life1 art1 history1 and culture2 7iv7 in cooperation with other museums1 historical societies1 and educational institutions1 a grant program with the purpose of promoting the understanding of the ,latin ,american diaspora in the ,united ,states2 and 7v7 a grant program under which an ,american ,latino museum 7including a nonprofit education organization the primary mission of which is to promote the study of the ,latin ,american diaspora in the ,united ,states7 may use funds provided under the grant to increase an endowment fund established by the museum 7or organization7 as of ,october #a1 #bjbj1 for the purposes of enhancing educational programming1 and maintaining and operating traveling educational exhibits4 7,b7 ,clarification of treatment of ,museum ,in this paragraph1 the term ,american ,latino museum does not include the ,museum4 7,c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,institute of ,museum and ,library ,services to carry out this paragraph-- 7i7 #ae1jjj1jjj for fiscal year #bjba2 and 7ii7 such sums as may be necessary for fiscal year #bjbb and each succeeding fiscal year4 7g7 ,national museum of the ,american ,latino building and support facilities 7#a7 ,in ,general 7,a7 ,location 7i7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,board of ,regents shall designate a site for the ,museum4 7ii7 ,sites for consideration ,in designating a site under clause 7i71 the ,board of ,regents shall-- 7,i7 select a site in the ,district of ,columbia2 and 7,,ii7 include the consideration of the following sites3 7aa7 ,the ,arts and ,industries ,building of the ,smithsonian ,institution1 located on the ,national ,mall at #ijj ,jefferson ,drive1 ,southwest1 ,washington1 ,district of ,columbia4 7bb7 ,a vacant area bounded by ,independence ,avenue1 ,jefferson ,drive1 ,raoul ,wallenberg ,place1 and #adth ,street ,southwest1 currently under the jurisdiction of the ,national ,park ,service4 7cc7 ,the area bounded by #crd ,street and #ast ,street1 ,northwest and ,constitution ,avenue and ,pennsylvania ,avenue1 ,northwest1 as measured from curb to curb1 currently under the jurisdiction of the ,architect of the ,capitol4 7dd7 ,the facility and grounds on the ,national ,mall between #abth and #adth ,streets1 ,southwest1 and ,jefferson ,drive and ,independence ,avenue1 ,southwest1 currently under the jurisdiction of the ,department of ,agriculture4 7iii7 ,factors considered ,in designating a site under clause 7i71 the ,board of ,regents shall take into consideration each of the following factors3 7,i7 ,an estimate of the costs associated with each potential site4 7,,ii7 ,an assessment of the suitability of the space of each potential site1 including size1 proximity to other buildings and transportation1 and other external environmental conditions1 as appropriate4 7,,iii7 ,the recommendations of the ,commission referred to in subsection 7h74 7iv7 ,consultation ,the ,board of ,regents shall carry out its duties under this subparagraph in consultation with the following3 7,i7 ,the ,chair of the ,national ,capital ,planning ,commission4 7,,ii7 ,the ,director of the ,national ,park ,service4 7,,iii7 ,the ,chair of the ,national ,capital ,memorial ,advisory ,commission4 7,,iv7 ,the ,chair of the ,commission of ,fine ,arts4 7,v7 ,the ,chair and ,vice ,chair of the ,commission referred to in subsection 7h74 7,,vi7 ,the ,chair of the ,building and ,site ,subcommittee of the ,commission referred to in subsection 7h74 7,,vii7 ,the ,architect of the ,capitol4 7,,viii7 ,the ,chair and ranking minority member of each of the following committees3 7aa7 ,the ,committee on ,rules and ,administration of the ,senate4 7bb7 ,the ,committee on ,house ,administration of the ,house of ,representatives4 7cc7 ,the ,committee on ,energy and ,natural ,resources of the ,senate4 7dd7 ,the ,committee on ,natural ,resources of the ,house of ,representatives4 7ee7 ,the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7ff7 ,the ,committee on ,appropriations of the ,house of ,representatives4 7gg7 ,the ,committee on ,appropriations of the ,senate4 7v7 ,intent of congress ,it is the intent of ,congress that the ,museum be located on or near the ,national ,mall1 to the maximum extent practicable1 in accordance with this subsection4 7,b7 ,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 #ccc of the ,consolidated ,natural ,resources ,act of #bjjh 7,public ,law #aaj-bbi2 #abb ,stat4 #ghd74 7,c7 ,construction of building ,the ,board of ,regents1 in consultation with the ,board of ,trustees and other appropriate ,federal and local agencies is authorized to prepare plans1 design1 and construct a building or modify an existing building for the ,museum1 which shall be located at the site selected by the ,board of ,regents1 in accordance with this subsection4 7#b7 ,site ,under the ,jurisdiction of ,another ,federal ,agency 7,a7 ,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 7#a77;,a77iv77,,viii7 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 entity4 7,b7 ,transfer ,as soon as practicable after the date on which the committees receive the written notification described in subparagraph 7,a71 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 ,museum4 7#c7 ,cost sharing ,the ,board of ,regents shall pay-- 7,a7 #ej percent of the costs of carrying out this subsection from ,federal funds2 and 7,b7 #ej percent of the costs of carrying out this subsection from non-,federal sources4 7#d7 ,commemorative ,works ,act ,chapter #hi of title #dj1 ,united ,states ,code1 shall not apply with respect to the ,museum1 except that the ,museum shall not be located in the ,reserve 7as defined in section #hijb7;a7 of that title74 7#e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this subsection4 7h7 ,consideration of recommendations of ,commission ,in carrying out their duties under this section1 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 #ccc of the ,consolidated ,natural ,resources ,act of #bjjh 7,public ,law #aaj-bbi2 #abb ,stat4 #ghd74 7i7 ,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 ,act4 7j7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to the ,smithsonian ,institution to carry out this section1 other than subsections 7f77#b7 and 7g7-- 7,a7 #bj1jjj1jjj for fiscal year #bjba2 and 7,b7 such sums as are necessary for each fiscal year thereafter4 7#b7 ,availability ,amounts appropriated pursuant to the authorization of appropriations under paragraph 7#a7 shall remain available until expended4 7#c7 ,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 sources4 ,u ,,homeland ,,security ,,and ,,governmental ,,affairs ,,provisions ,i ,,ai in ,government ,act of #bjbj #aja4 ,short title ,this title may be cited as the ,,ai in ,government ,act of #bjbj4 #ajb4 ,definitions ,in this ,act-- 7#a7 the term ,administrator means the ,administrator of ,general ,services2 7#b7 the term agency has the meaning given the term in section #cejb of title #dd1 ,united ,states ,code2 7#c7 the term ,,ai ,co,e means the ,,ai ,center of ,excellence described in section #ajc2 7#d7 the term artificial intelligence has the meaning given the term in section #bch7;g7 of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7#aj ,u4,s4,c4 #bceh note72 7#e7 the term ,director means the ,director of the ,office of ,management and ,budget2 7#f7 the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja72 and 7#g7 the term nonprofit organization means an organization described in section #eja7;c77#c7of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of that ,code4 #ajc4 ,,ai ,center of ,excellence 7a7 ,in general ,there is created within the ,general ,services ,administration a program to be known as the ,,ai ,center of ,excellence1 which shall-- 7#a7 facilitate the adoption of artificial intelligence technologies in the ,federal ,government2 7#b7 improve cohesion and competency in the adoption and use of artificial intelligence within the ,federal ,government2 and 7#c7 carry out paragraphs 7#a7 and 7#b7 for the purposes of benefitting the public and enhancing the productivity and efficiency of ,federal ,government operations4 7b7 ,duties ,the duties of the ,,ai ,co,e shall include-- 7#a7 regularly convening individuals from agencies1 industry1 ,federal laboratories1 nonprofit organizations1 institutions of higher education1 and other entities to discuss recent developments in artificial intelligence1 including the dissemination of information regarding programs1 pilots1 and other initiatives at agencies1 as well as recent trends and relevant information on the understanding1 adoption1 and use of artificial intelligence2 7#b7 collecting1 aggregating1 and publishing on a publicly available website information regarding programs1 pilots1 and other initiatives led by other agencies and any other information determined appropriate by the ,administrator2 7#c7 advising the ,administrator1 the ,director1 and agencies on the acquisition and use of artificial intelligence through technical insight and expertise1 as needed2 7#d7 assist agencies in applying ,federal policies regarding the management and use of data in applications of artificial intelligence2 7#e7 consulting with agencies1 including the ,department of ,defense1 the ,department of ,commerce1 the ,department of ,energy1 the ,department of ,homeland ,security1 the ,office of ,management and ,budget1 the ,office of the ,director of ,national ,intelligence1 and the ,national ,science ,foundation1 that operate programs1 create standards and guidelines1 or otherwise fund internal projects or coordinate between the public and private sectors relating to artificial intelligence2 7#f7 advising the ,director on developing policy related to the use of artificial intelligence by agencies2 and 7#g7 advising the ,director of the ,office of ,science and ,technology ,policy on developing policy related to research and national investment in artificial intelligence4 7c7 ,staff 7#a7 ,in general ,the ,administrator shall provide necessary staff1 resources1 and administrative support for the ,,ai ,co,e4 7#b7 ,shared staff ,to the maximum extent practicable1 the ,administrator shall meet the requirements described under paragraph 7#a7 by using staff of the ,general ,services ,administration1 including those from other agency centers of excellence1 and detailees1 on a reimbursable or nonreimbursable basis1 from other agencies4 7#c7 ,fellows ,the ,administrator may1 to the maximum extent practicable1 appoint fellows to participate in the ,,ai ,co,e from nonprofit organizations1 think tanks1 institutions of higher education1 and industry4 7d7 ,sunset ,this section shall cease to be effective on the date that is #e years after the date of enactment of this ,act4 #ajd4 ,guidance for agency use of artificial intelligence 7a7 ,guidance ,not later than #bgj days after the date of enactment of this ,act1 the ,director1 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 ,director1 shall issue a memorandum to the head of each agency that shall-- 7#a7 inform the development of policies regarding ,federal acquisition and use by agencies regarding technologies that are empowered or enabled by artificial intelligence1 including an identification of the responsibilities of agency officials managing the use of such technology2 7#b7 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 liberties1 civil rights1 and economic and national security2 7#c7 identify best practices for identifying1 assessing1 and mitigating any discriminatory impact or bias on the basis of any classification protected under ,federal nondiscrimination laws1 or any unintended consequence of the use of artificial intelligence1 including policies to identify data used to train artificial intelligence algorithms as well as the data analyzed by artificial intelligence used by the agencies2 and 7#d7 provide a template of the required contents of the agency plans described in subsection 7c74 7b7 ,public comment ,to help ensure public trust in the applications of artificial intelligence technologies1 the ,director shall issue a draft version of the memorandum required under subsection 7a7 for public comment not later than #ahj days after date of enactment of this ,act4 7c7 ,plans ,not later than #ahj days after the date on which the ,director issues the memorandum required under subsection 7a7 or an update to the memorandum required under subsection 7d71 the head of each agency shall submit to the ,director and post on a publicly available page on the website of the agency-- 7#a7 a plan to achieve consistency with the memorandum2 or 7#b7 a written determination that the agency does not use and does not anticipate using artificial intelligence4 7d7 ,updates ,not later than #b years after the date on which the ,director issues the memorandum required under subsection 7a71 and every #b years thereafter for #aj years1 the ,director shall issue updates to the memorandum4 #aje4 ,update of occupational series for artificial intelligence 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 and in accordance with chapter #ea of title #e1 ,united ,states ,code1 the ,director of the ,office of ,personnel ,management shall-- 7#a7 identify key skills and competencies needed for positions related to artificial intelligence2 7#b7 establish an occupational series1 or update and improve an existing occupational job series1 to include positions the primary duties of which relate to artificial intelligence2 7#c7 to the extent appropriate1 establish an estimate of the number of ,federal employees in positions related to artificial intelligence1 by each agency2 and 7#d7 using the estimate established in paragraph 7#c71 prepare a #b-year and #e-year forecast of the number of ,federal employees in positions related to artificial intelligence that each agency will need to employ4 7b7 ,plan ,not later than #abj days after the date of enactment of this ,act1 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 7a74 ,,ii ,,dhs ,overseas ,personnel ,enhancement ,act of #bjai #bja4 ,short title ,this title may be cited as the ,,dhs ,overseas ,personnel ,enhancement ,act of #bjai4 #bjb4 ,overseas personnel briefing 7a7 ,in general ,not later than #ij days after submission of the comprehensive #c-year strategy required under section #aiaj of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh7 and annually thereafter1 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 ,states4 7b7 ,requirements ,the briefings required under subsection 7a7 shall include the following3 7#a7 ,a detailed summary of1 and deployment schedule for1 each type of personnel position with primary duties that take place outside of the ,united ,states and how each such position contributes to the ,department's mission4 7#b7 ,information related to how the geographic and regional placement of such positions contributes to the ,department's mission4 7#c7 ,information related to any risk mitigation plans for each geographic and regional placement1 including to address counter-intelligence risks4 7#d7 ,information regarding the costs of deploying or maintaining personnel at each geographic and regional placement1 including information on any cost-sharing agreement with foreign partners to cover a portion or all the costs relating to such deployment or maintenance4 7#e7 ,information on guidance and practices to guard against counter-espionage and counter-intelligence threats1 including cyber threats1 associated with ,department personnel4 7#f7 ,information regarding trends in foreign efforts to influence such personnel while deployed overseas to contribute to the ,department's mission4 7#g7 ,information related to the position-specific training received by such personnel before and during placement at a foreign location4 7#h7 ,challenges that may impede the communication of counterterrorism information between ,department personnel at foreign locations and ,department entities in the ,united ,states1 including technical1 resource1 and administrative challenges4 7#i7 ,the status of efforts to implement the strategy referred to in subsection 7a74 7#aj7 ,the status of efforts 7beginning with the second briefing required under this section7 to implement the enhancement plan under section #bjc4 #bjc4 ,overseas personnel enhancement plan 7a7 ,in general ,not later than #ij days after the first briefing required under section #bjb1 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 locations4 7b7 ,plan requirements ,the plan required under subsection 7a7 shall include proposals to-- 7#a7 improve efforts of ,department personnel at foreign locations1 as necessary1 for purposes of providing foreign partner capacity development and furthering the ,department's mission2 7#b7 as appropriate1 redeploy ,department personnel to respond to changing threats to the ,united ,states1 consistent with the limits on the resources of the ,department2 7#c7 enhance collaboration among ,department personnel at foreign locations1 other ,federal personnel at foreign locations1 and foreign partners2 7#d7 improve the communication of information between ,department personnel at foreign locations and ,department entities in the ,united ,states1 including to address technical1 resource1 and administrative challenges2 and 7#e7 maintain practices to guard against counter-espionage threats associated with ,department personnel4 #bjd4 ,termination ,the briefing requirement under section #bjb shall terminate on the date that is #d years after the submission of the strategy referred to in subsection 7a7 of such section4 #bje4 ,definitions ,in this ,act-- 7#a7 the term ,department means the ,department of ,homeland ,security2 and 7#b7 the term ,secretary means the ,secretary of ,homeland ,security4 ,,iii ,synthetic ,opioid ,exposure ,prevention and ,training ,act #cja4 ,short title ,this title may be cited as the ,synthetic ,opioid ,exposure ,prevention and ,training ,act4 #cjb4 ,protection against potential synthetic opioid exposure within ,u4,s4 ,customs and ,border ,protection 7a7 ,in general ,subtitle ,b of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa et seq47 is amended by inserting after section #dae the following new section3 #daf4 ,protection against potential synthetic opioid exposure 7a7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall issue a policy that specifies effective protocols and procedures for the safe handling of potential synthetic opioids1 including fentanyl1 by ,u4,s4 ,customs and ,border ,protection officers1 agents1 other personnel1 and canines1 and to reduce the risk of injury or death resulting from accidental exposure and enhance post-exposure management4 7b7 ,training 7#a7 ,in general ,together with the issuance of the policy described in subsection 7a71 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall require mandatory and recurrent training on the following3 7,a7 ,the potential risk of opioid exposure and safe handling procedures for potential synthetic opioids1 including precautionary measures such as the use of personal protective equipment during such handling4 7,b7 ,how to access and administer opioid receptor antagonists1 including naloxone1 post-exposure to potential synthetic opioids4 7#b7 ,integration ,the training described in paragraph 7#a7 may be integrated into existing training under section #daa7l7 for ,u4,s4 ,customs and ,border ,protection officers1 agents1 and other personnel4 7c7 ,personal protective equipment and opioid receptor antagonists ,together with the issuance of the policy described in subsection 7a71 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall ensure the availability of personal protective equipment and opioid receptor antagonists1 including naloxone1 to all ,u4,s4 ,customs and ,border ,protection officers1 agents1 other personnel1 and canines at risk of accidental exposure to synthetic opioids4 7d7 ,oversight ,to ensure effectiveness of the policy described in subsection 7a7-- 7#a7 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall regularly monitor the efficacy of the implementation of such policy and adjust protocols and procedures1 as necessary2 and 7#b7 the ,inspector ,general of the ,department shall audit compliance with the requirements of this section not less than once during the #c-year period after the date of the enactment of this section4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #dae the following new item3 ,sec4 #daf4 ,protection against potential synthetic opioid exposure4 4 ,,iv ,construction ,consensus ,procurement ,improvement ,act of #bjbj #dja4 ,short title ,this title may be cited as the ,construction ,consensus ,procurement ,improvement ,act of #bjbj4 #djb4 ,prohibition on use of a reverse auction for the award of a contract for design and construction services 7a7 ,finding ,congress finds that1 in contrast to a traditional auction in which the buyers bid up the price1 sellers bid down the price in a reverse auction4 7b7 ,prohibition ,not later than #ahj days after the date of the enactment of this ,act1 the ,federal ,acquisition ,regulation shall be amended to prohibit the use of reverse auctions for awarding contracts for design and construction services4 7c7 ,definitions ,in this section3 7#a7 ,the term design and construction services means-- 7,a7 site planning and landscape design2 7,b7 architectural and engineering services 7as defined in section #aajb of title #dj1 ,united ,states ,code72 7,c7 interior design2 7,d7 performance of substantial construction work for facility1 infrastructure1 and environmental restoration projects2 7,e7 delivery and supply of construction materials to construction sites2 or 7,f7 construction or substantial alteration of public buildings or public works4 7#b7 ,the term reverse auction means1 with respect to any procurement by an executive agency-- 7,a7 a real-time auction conducted through an electronic medium among #b or more offerors who compete by submitting bids for a supply or service contract1 or a delivery order1 task order1 or purchase order under the contract1 with the ability to submit revised lower bids at any time before the closing of the auction2 and 7,b7 the award of the contract1 delivery order1 task order1 or purchase order to the offeror is solely based on the price obtained through the auction process4 ,v ,oversight4gov #eja4 ,establishment and maintenance of ,oversight4gov2 authorization of funds 7a7 ,in general ,section #aa of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by adding at the end the following3 7e7 ,oversight4gov 7#a7 ,definition ,in this subsection1 the term ,office of ,inspector ,general means the ,office of-- 7,a7 an ,inspector ,general described in subparagraph 7,a71 7,b71 or 7,i7 of subsection 7b77#a72 7,b7 the ,special ,inspector ,general for ,afghanistan ,reconstruction established under section #abbi of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjh 7,public ,law #aaj-aha2 #abb ,stat4 #cgi72 7,c7 the ,special ,inspector ,general for the ,troubled ,asset ,relief ,plan established under section #aba of title ,i of the ,emergency ,economic ,stabilization ,act of #bjjh 7#ab ,u4,s4,c4 #ebca72 and 7,d7 the ,special ,inspector ,general for ,pandemic ,recovery established under section #djah of the ,,cares ,act 7#ae ,u4,s4,c4 #ijec74 7#b7 ,establishment ,the ,council shall establish and maintain a website entitled oversight4gov-- 7,a7 to consolidate all public reports from each ,office of ,inspector ,general to improve the access of the public to any audit report1 inspection report1 or evaluation report 7or portion of any such report7 made by an ,office of ,inspector ,general2 and 7,b7 that shall include any additional resources1 information1 and enhancements as the ,council determines are necessary or desirable4 7#c7 ,participation of offices of inspectors general ,each ,office of ,inspector ,general that publishes an audit report1 inspection report1 or evaluation report 7or portion of any such report7 on the website of the ,office of ,inspector ,general shall1 or in the case of the office of an ,inspector ,general described in subparagraph 7,i7 of subsection 7b77#a7 may1 contemporaneously publish the report or portion thereof on oversight4gov in a manner prescribed by the ,council4 4 7b7 ,authorization of appropriations ,for the purposes of carrying out the mission of the ,council of the ,inspectors ,general on ,integrity and ,efficiency under section #aa of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 as amended by subsection 7a71 there are authorized to be appropriated into the revolving fund described in subsection 7c77#c77;,b7 of such section #c1ejj1jjj for fiscal year #bjba1 to remain available until expended1 to carry out the duties and functions of the ,council4 7c7 ,effective date ,this ,act and the amendments made by this ,act shall take effect on the date that is #cj 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 ,act4 ,,vi ,counter ,threats ,advisory ,board ,act of #bjai #fja4 ,short title ,this title may be cited as the ,counter ,threats ,advisory ,board ,act of #bjai4 #fjb4 ,department of homeland security counter threats advisory board 7a7 ,in ,general ,subtitle ,a of title ,,ii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aba et seq47 is amended by inserting after section #baj;,e the following3 #baj;,f4 ,departmental coordination on counter threats 7a7 ,establishment ,there is authorized in the ,department1 for a period of #b years beginning after the date of enactment of this section1 a ,counter ,threats ,advisory ,board 7in this section referred to as the ,board7 which shall-- 7#a7 be composed of senior representatives of departmental operational components and headquarters elements2 and 7#b7 coordinate departmental intelligence activities and policy and information related to the mission and functions of the ,department that counter threats4 7b7 ,charter ,there shall be a charter to govern the structure and mission of the ,board1 which shall-- 7#a7 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 ,secretary2 and 7#b7 be reviewed and updated as appropriate4 7c7 ,members 7#a7 ,in general ,the ,board shall be composed of senior representatives of departmental operational components and headquarters elements4 7#b7 ,chair ,the ,under ,secretary for ,intelligence and ,analysis shall serve as the ,chair of the ,board4 7#c7 ,members ,the ,secretary shall appoint additional members of the ,board from among the following3 7,a7 ,the ,transportation ,security ,administration4 7,b7 ,u4,s4 ,customs and ,border ,protection4 7,c7 ,u4,s4 ,immigration and ,customs ,enforcement4 7,d7 ,the ,federal ,emergency ,management ,agency4 7,e7 ,the ,coast ,guard4 7,f7 ,u4,s4 ,citizenship and ,immigration ,services4 7,g7 ,the ,united ,states ,secret ,service4 7,h7 ,the ,cybersecurity and ,infrastructure ,security ,agency4 7,i7 ,the ,office of ,operations ,coordination4 7,j7 ,the ,office of the ,general ,counsel4 7,k7 ,the ,office of ,intelligence and ,analysis4 7,l7 ,the ,office of ,strategy1 ,policy1 and ,plans4 7,m7 ,the ,science and ,technology ,directorate4 7,n7 ,the ,office for ,state and ,local ,law ,enforcement4 7,o7 ,the ,privacy ,office4 7,p7 ,the ,office for ,civil ,rights and ,civil ,liberties4 7,q7 ,other departmental offices and programs as determined appropriate by the ,secretary4 7d7 ,meetings ,the ,board shall-- 7#a7 meet on a regular basis to discuss intelligence and coordinate ongoing threat mitigation efforts and departmental activities1 including coordination with other ,federal1 ,state1 local1 tribal1 territorial1 and private sector partners2 and 7#b7 make recommendations to the ,secretary4 7e7 ,terrorism alerts ,the ,board shall advise the ,secretary on the issuance of terrorism alerts under section #bjc4 7f7 ,prohibition on additional funds ,no additional funds are authorized to carry out this section4 4 7b7 ,technical and conforming amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace7 is amended by inserting after the item relating to section #baj;,e the following3 ,sec4 #baj;,f4 ,departmental coordination on counter threats4 4 7c7 ,report ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,homeland ,security1 acting through the ,chair of the ,counter ,threats ,advisory ,board established under section #baj;,f of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a71 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 ,board4 7d7 ,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 ,security4 ,,vii ,,dhs ,countering ,unmanned ,aircraft ,systems ,coordinator ,act #gja4 ,,dhs ,countering ,unmanned ,aircraft ,systems ,coordinator ,act 7a7 ,short title ,this title may be cited as the ,,dhs ,countering ,unmanned ,aircraft ,systems ,coordinator ,act4 7b7 ,countering ,unmanned ,aircraft ,systems ,coordinator 7#a7 ,in general ,title ,,iii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aha et seq47 is amended by adding at the end the following new section3 #cba4 ,countering ,unmanned ,aircraft ,systems ,coordinator 7a7 ,coordinator 7#a7 ,in general ,the ,secretary shall designate an individual in a ,senior ,executive ,service position 7as defined in section #cacb of title #e1 ,united ,states ,code7 of the ,department within the ,office of ,strategy1 ,policy1 and ,plans as the ,countering ,unmanned ,aircraft ,systems ,coordinator 7in this section referred to as the ,coordinator7 and provide appropriate staff to carry out the responsibilities of the ,coordinator4 7#b7 ,responsibilities ,the ,coordinator shall-- 7,a7 oversee and coordinate with relevant ,department offices and components1 including the ,office of ,civil ,rights and ,civil ,liberties and the ,privacy ,office1 on the development of guidance and regulations to counter threats associated with unmanned aircraft systems 7in this section referred to as ,,uas7 as described in section #baj;,g2 7,b7 promote research and development of counter ,,uas technologies in coordination within the ,science and ,technology ,directorate2 7,c7 coordinate with the relevant components and offices of the ,department1 including the ,office of ,intelligence and ,analysis1 to ensure the sharing of information1 guidance1 and intelligence relating to countering ,,uas threats1 counter ,,uas threat assessments1 and counter ,,uas technology1 including the retention of ,,uas and counter ,,uas incidents within the ,department2 7,d7 serve as the ,department liaison1 in coordination with relevant components and offices of the ,department1 to the ,department of ,defense1 ,federal1 ,state1 local1 and ,tribal law enforcement entities1 and the private sector regarding the activities of the ,department relating to countering ,,uas2 7,e7 maintain the information required under section #baj;,g7g77#c72 and 7,f7 carry out other related counter ,,uas authorities and activities under section #baj;,g1 as directed by the ,secretary4 7b7 ,coordination with applicable ,federal laws ,the ,coordinator shall1 in addition to other assigned duties1 coordinate with relevant ,department components and offices to ensure testing1 evaluation1 or deployment of a system used to identify1 assess1 or defeat a ,,uas is carried out in accordance with applicable ,federal laws4 7c7 ,coordination with private sector ,the ,coordinator shall1 among other assigned duties1 working with the ,office of ,partnership and ,engagement and other relevant ,department offices and components1 or other ,federal agencies1 as appropriate1 serve as the principal ,department official responsible for sharing to the private sector information regarding counter ,,uas technology1 particularly information regarding instances in which counter ,,uas technology may impact lawful private sector services or systems4 4 7#b7 ,technical and conforming amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace7 is amended by inserting after the item relating to section #cbj the following3 ,sec4 #cba4 ,countering ,unmanned ,aircraft ,systems ,coordinator4 4 ,,viii ,whistleblower ,protection #hja4 ,protection against reprisal for ,federal subgrantee employees ,section #dgab of title #da1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b77;,g71 by striking or grantee and inserting grantee1 or subgrantee2 7#b7 in subsection 7a77#c77;,a71 by striking contractor1 subcontractor1 or grantee and inserting contractor1 subcontractor1 grantee1 or subgrantee2 7#c7 in subsection 7b77#a71 by striking contractor or grantee and inserting contractor1 subcontractor1 grantee1 or subgrantee2 7#d7 in subsection 7c71 by striking contractor or grantee each place it appears and inserting contractor1 subcontractor1 grantee1 or subgrantee2 7#e7 in subsection 7d71 by striking and grantees and inserting grantees1 and subgrantees2 and 7#f7 in subsection 7f71 by striking or grantee each place it appears and inserting grantee1 or subgrantee4 ,,ix ,,dotgov ,act of #bjbj #ija4 ,short title ,this title may be cited as the ,,dotgov ,online ,trust in ,government ,act of #bjbj or the ,,dotgov ,act of #bjbj4 #ijb4 ,findings ,congress finds that-- 7#a7 the 4gov 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 internet2 7#b7 the 4gov internet domain is a unique resource of the ,united ,states that reflects the history of innovation and global leadership of the ,united ,states2 7#c7 when online public services and official communications from any level and branch of government use the 4gov internet domain1 they are easily recognized as official and difficult to impersonate2 7#d7 the citizens of the ,united ,states deserve online public services that are safe1 recognizable1 and trustworthy2 7#e7 the 4gov internet domain should be available at no cost or a negligible cost to any ,federal1 ,state1 local1 or territorial government-operated or publicly controlled entity1 including any ,tribal government recognized by the ,federal ,government or a ,state government1 for use in their official services1 operations1 and communications2 7#f7 the 4gov internet domain provides a critical service to those ,federal1 ,state1 local1 ,tribal1 and territorial governments2 and 7#g7 the 4gov internet domain should be operated transparently and in the spirit of public accessibility1 privacy1 and security4 #ijc4 ,definitions ,in this ,act-- 7#a7 the term ,administrator means the ,administrator of ,general ,services2 7#b7 the term agency has the meaning given the term in section #cejb of title #dd1 ,united ,states ,code2 7#c7 the term ,director means the ,director of the ,cybersecurity and ,infrastructure ,security ,agency2 7#d7 the term online service means any internet-facing service1 including a website1 email1 a virtual private network1 or a custom application2 and 7#e7 the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and any possession of the ,united ,states4 #ijd4 ,duties of ,department of ,homeland ,security 7a7 ,purpose ,the purpose of the 4gov internet domain program is to-- 7#a7 legitimize and enhance public trust in government entities and their online services2 7#b7 facilitate trusted electronic communication and connections to and from government entities2 7#c7 provide simple and secure registration of 4gov internet domains2 7#d7 improve the security of the services hosted within these 4gov internet domains1 and of the 4gov namespace in general2 and 7#e7 enable the discoverability of government services to the public and to domain registrants4 7b7 ,duties and authorities relating to the 4gov internet domain 7#a7 ,in general ,subtitle ,a of title ,,xxii of the ,homeland ,security ,act 7#f ,u4,s4,c4 #fea et seq47 is amended-- 7,a7 in section #bbjb7;c7 7#f ,u4,s4,c4 #feb7;c77-- 7i7 in paragraph 7#aj71 by striking and at the end2 7ii7 by redesignating paragraph 7#aa7 as paragraph 7#ab72 and 7iii7 by inserting after paragraph 7#aj7 the following3 7#aa7 carry out the duties and authorities relating to the 4gov internet domain1 as described in section #bbae2 and 2 and 7,b7 by adding at the end the following3 #bbae4 ,duties and authorities relating to 4gov internet domain 7a7 ,definition ,in this section1 the term agency has the meaning given the term in section #cejb of title #dd1 ,united ,states ,code4 7b7 ,availability of 4gov internet domain ,the ,director shall make 4gov internet domain name registration services1 as well as any supporting services described in subsection 7e71 generally available-- 7#a7 to any ,federal1 ,state1 local1 or territorial government entity1 or other publicly controlled entity1 including any ,tribal government recognized by the ,federal ,government or a ,state government1 that complies with the requirements for registration developed by the ,director as described in subsection 7c72 7#b7 without conditioning registration on the sharing of any information with the ,director or any other ,federal entity1 other than the information required to meet the requirements described in subsection 7c72 and 7#c7 without conditioning registration on participation in any separate service offered by the ,director or any other ,federal entity4 7c7 ,requirements ,the ,director1 with the approval of the ,director of the ,office of ,management and ,budget for agency 4gov internet domain requirements and in consultation with the ,director of the ,office of ,management and ,budget for 4gov internet domain requirements for entities that are not agencies1 shall establish and publish on a publicly available website requirements for the registration and operation of 4gov internet domains sufficient to-- 7#a7 minimize the risk of 4gov internet domains whose names could mislead or confuse users2 7#b7 establish that 4gov internet domains may not be used for commercial or political campaign purposes2 7#c7 ensure that domains are registered and maintained only by authorized individuals2 and 7#d7 limit the sharing or use of any information obtained through the administration of the 4gov internet domain with any other ,department component or any other agency for any purpose other than the administration of the 4gov internet domain1 the services described in subsection 7e71 and the requirements for establishing a 4gov inventory described in subsection 7h74 7d7 ,executive branch 7#a7 ,in general ,the ,director of the ,office of ,management and ,budget shall establish applicable processes and guidelines for the registration and acceptable use of 4gov internet domains by agencies4 7#b7 ,approval required ,the ,director shall obtain the approval of the ,director of the ,office of ,management and ,budget before registering a 4gov internet domain name for an agency4 7#c7 ,compliance ,each agency shall ensure that any website or digital service of the agency that uses a 4gov internet domain is in compliance with the #bast ,century ,,idea ,act 7#dd ,u4,s4,c4 #ceja note7 and implementation guidance issued pursuant to that ,act4 7e7 ,supporting services 7#a7 ,in general ,the ,director may provide services to the entities described in subsection 7b77#a7 specifically intended to support the security1 privacy1 reliability1 accessibility1 and speed of registered 4gov internet domains4 7#b7 ,rule of construction ,nothing in paragraph 7#a7 shall be construed to-- 7,a7 limit other authorities of the ,director to provide services or technical assistance to an entity described in subsection 7b77#a72 or 7,b7 establish new authority for services other than those the purpose of which expressly supports the operation of 4gov internet domains and the needs of 4gov internet domain registrants4 7f7 ,fees 7#a7 ,in general ,the ,director may provide any service relating to the availability of the 4gov internet domain program1 including 4gov internet domain name registration services described in subsection 7b7 and supporting services described in subsection 7e71 to entities described in subsection 7b77#a7 with or without reimbursement1 including variable pricing4 7#b7 ,limitation ,the total fees collected for new 4gov internet domain registrants or annual renewals of 4gov internet domains shall not exceed the direct operational expenses of improving1 maintaining1 and operating the 4gov internet domain1 4gov internet domain services1 and 4gov internet domain supporting services4 7g7 ,consultation ,the ,director shall consult with the ,director of the ,office of ,management and ,budget1 the ,administrator of ,general ,services1 other civilian ,federal agencies as appropriate1 and entities representing ,state1 local1 ,tribal1 or territorial governments in developing the strategic direction of the 4gov internet domain and in establishing requirements under subsection 7c71 in particular on matters of privacy1 accessibility1 transparency1 and technology modernization4 7h7 4gov inventory 7#a7 ,in general ,the ,director shall1 on a continuous basis-- 7,a7 inventory all hostnames and services in active use within the 4gov internet domain2 and 7,b7 provide the data described in subparagraph 7,a7 to domain registrants at no cost4 7#b7 ,requirements ,in carrying out paragraph 7#a7-- 7,a7 data may be collected through analysis of public and non-public sources1 including commercial data sets2 7,b7 the ,director shall share with ,federal and non-,federal domain registrants all unique hostnames and services discovered within the zone of their registered domain2 7,c7 the ,director shall share any data or information collected or used in the management of the 4gov 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 #ceec of title #dd1 ,united ,states ,code2 7,d7 the ,director shall publish on a publicly available website discovered hostnames that describe publicly accessible agency websites1 to the extent consistent with the security of ,federal information systems but with the presumption of disclosure2 7,e7 the ,director may publish on a publicly available website any analysis conducted and data collected relating to compliance with ,federal mandates and industry best practices1 to the extent consistent with the security of ,federal information systems but with the presumption of disclosure2 and 7,f7 the ,director shall-- 7i7 collect information on the use of non-4gov internet domain suffixes by agencies for their official online services2 7ii7 collect information on the use of non-4gov internet domain suffixes by ,state1 local1 ,tribal1 and territorial governments2 and 7iii7 publish the information collected under clause 7i7 on a publicly available website to the extent consistent with the security of the ,federal information systems1 but with the presumption of disclosure4 7#c7 ,national security coordination 7,a7 ,in general ,in carrying out this subsection1 the ,director shall inventory1 collect1 and publish hostnames and services in a manner consistent with the protection of national security information4 7,b7 ,limitation ,the ,director may not inventory1 collect1 or publish hostnames or services under this subsection if the ,director1 in coordination with other heads of agencies1 as appropriate1 determines that the collection or publication would-- 7i7 disrupt a law enforcement investigation2 7ii7 endanger national security or intelligence activities2 7iii7 impede national defense activities or military operations2 or 7iv7 hamper security remediation actions4 7#d7 ,strategy ,not later than #ahj days after the date of enactment of this section1 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 ,security1 the ,committee on ,oversight and ,reform1 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 activity4 4 7#b7 ,additional duties 7,a7 ,outreach strategy ,not later than #a year after the date of enactment of this ,act1 the ,director1 in consultation with the ,administrator and entities representing ,state1 local1 ,tribal1 or territorial governments1 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 ,security1 the ,committee on ,oversight and ,reform1 and the ,committee on ,house ,administration of the ,house of ,representatives an outreach strategy to local1 ,tribal1 and territorial governments and other publicly controlled entities as determined by the ,director to inform and support migration to the 4gov internet domain1 which shall include-- 7i7 stakeholder engagement plans2 and 7ii7 information on how migrating information technology systems to the 4gov internet domain is beneficial to that entity1 including benefits relating to cybersecurity and the supporting services offered by the ,federal ,government4 7,b7 ,reference guide ,not later than #a year after the date of enactment of this ,act1 the ,director1 in consultation with the ,administrator and entities representing ,state1 local1 ,tribal1 or territorial governments1 shall develop and publish on a publicly available website a reference guide for migrating online services to the 4gov internet domain1 which shall include-- 7i7 process and technical information on how to carry out a migration of common categories of online services1 such as web and email services2 7ii7 best practices for cybersecurity pertaining to registration and operation of a 4gov internet domain2 and 7iii7 references to contract vehicles and other private sector resources vetted by the ,director that may assist in performing the migration4 7,c7 ,security enhancement plan ,not later than #a year after the date of enactment of this ,act1 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 ,security1 the ,committee on ,oversight and ,reform1 and the ,committee on ,house ,administration of the ,house of ,representatives a 4gov internet domain security enhancement strategy and implementation plan on how to improve the cybersecurity benefits of the 4gov internet domain during the #e-year period following the date of enactment of this ,act1 which shall include-- 7i7 a modernization plan for the information systems that support operation of the 4gov top-level internet domain1 such as the registrar portal1 and how these information systems will remain current with evolving security trends2 7ii7 a modernization plan for the structure of the 4gov program and any supporting contracts1 and how the program and contracts can remain flexible over time so as to take advantage of emerging technology and cybersecurity developments2 and 7iii7 an outline of specific security enhancements the 4gov program intends to provide to users during that #e-year period4 7#c7 ,technical and conforming amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-aif2 #aaf ,stat4 #bace7 is amended by inserting after the item relating to section #bbad the following3 ,sec4 #bbae4 ,duties and authorities relating to 4gov internet domain4 4 7c7 ,homeland security grants ,section #bjjh7;a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fji7;a77 is amended-- 7#a7 in paragraph 7#ac71 by striking and at the end2 7#b7 by redesignating paragraph 7#ad7 as paragraph 7#ae72 and 7#c7 by inserting after paragraph 7#ac7 the following3 7#ad7 migrating any online service 7as defined in section #c of the ,,dotgov ,online ,trust in ,government ,act of #bjbj7 to the 4gov internet domain2 and 4 #ije4 ,report ,not later than #a year after the date of enactment of this ,act1 and every #b years thereafter for #d years1 the ,director shall submit a report to or conduct a detailed briefing for the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,rules and ,administration of the ,senate and the ,committee on ,homeland ,security1 the ,committee on ,oversight and ,reform1 and the ,committee on ,house ,administration of the ,house of ,representatives on the status of-- 7#a7 the outreach strategy described in section #ijd7;b77#b77;,a72 7#b7 the security enhancement strategy and implementation plan described in section #ijd7;b77#b77;,c72 7#c7 the inventory described in #bbae7;f7 of the ,homeland ,security ,act of #bjjb1 as added by section #ijd7;b7 of this ,act2 7#d7 the supporting services described in section #bbae7;c77#a7 of the ,homeland ,security ,act of #bjjb1 as added by section #ijd7;b7 of this ,act2 and 7#e7 the development1 assessment1 and determination of the amount of any fees imposed on new 4gov internet domain registrants or annual renewals of 4gov internet domains in accordance with section #bbae7;d7 of the ,homeland ,security ,act of #bjjb1 as added by section #ijd7;b7 of this ,act4 #ijf4 ,research and development ,not later than #a year after the date of enactment of this ,act1 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 4gov internet domain1 including-- 7#a7 how information systems support operation of the 4gov top-level internet domain1 such as the registrar portal1 and how these information systems can remain current with evolving security trends2 7#b7 how the structure of the 4gov internet domain program can take advantage of emerging technology and cybersecurity developments2 and 7#c7 additional mechanisms to improve the cybersecurity of the 4gov internet domain4 #ijg4 ,transition 7a7 ,there shall be transferred to the ,director the 4gov internet domain program1 as operated by the ,general ,services ,administration under title #da1 ,code of ,federal ,regulations1 on the date on which the ,director begins operational administration of the 4gov internet domain program1 in accordance with subsection 7c74 7b7 ,not later than #cj days after the date of enactment of this ,act1 the ,director shall submit a plan for the operational and contractual transition of the 4gov 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 ,security1 the ,committee on ,oversight and ,reform1 and the ,committee on ,house ,administration of the ,house of ,representatives4 7c7 ,not later than #abj days after the date of enactment of this ,act1 the ,director shall begin operationally administering the 4gov internet domain program1 and shall publish on a publicly available website the requirements for domain registrants as described in section #bbae7;b7 of the ,homeland ,security ,act of #bjjb1 as added by section #ijd7;b7 of this ,act4 7d7 ,on the date on which the ,director begins operational administration of the 4gov internet domain program1 in accordance with subsection 7c71 the ,administrator shall rescind the requirements in part #ajb-agc of title #da1 ,code of ,federal ,regulations4 7e7 ,during the #e-year period beginning on the date of enactment of this ,act1 any fee charged to entities that are not agencies for new 4gov internet domain registrants or annual renewals of 4gov internet domains shall be not more than the amount of the fee charged for such registration or renewal as of ,october #a1 #bjai4 ,x ,,real ,,id ,modernization ,act #ajja4 ,,real ,,id ,modernization 7a7 ,short title ,this title may be cited as the ,,real ,,id ,modernization ,act4 7b7 ,,real ,,id ,act amendments 7#a7 ,definitions ,section #bja of the ,,real ,,id ,act of #bjje 7division ,b of ,public ,law #aji-ac2 #di ,u4,s4,c4 #cjcja note7 is amended-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,the term driver's license means and inserting the following3 8,the term #8driver's license'-- 7,a7 means 2 and 7ii7 by striking ,code4 and inserting the following3 8,code2 and 7,b7 includes driver's licenses stored or accessed via electronic means1 such as mobile or digital driver's licenses1 which have been issued in accordance with regulations prescribed by the ,secretary4 2 and 7,b7 in paragraph 7#b7-- 7i7 by striking ,the term identification card means and inserting the following3 8,the term #8identification card'-- 7,a7 means 2 and 7ii7 by striking ,state4 and inserting the following3 8,state2 and 7,b7 includes identification cards stored or accessed via electronic means1 such as mobile or digital identification cards1 which have been issued in accordance with regulations prescribed by the ,secretary4 4 7#b7 ,minimum requirements for ,federal recognition ,section #bjb of the ,,real ,,id ,act of #bjje 7division ,b of ,public ,law #aji-ac2 #di ,u4,s4,c4 #cjcja note7 is amended-- 7,a7 in the section heading1 by striking document2 7,b7 in subsection 7a7-- 7i7 in paragraph 7#b71 by striking 1 in consultation with the ,secretary of ,transportation12 and 7ii7 by adding at the end the following3 7#c7 ,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 device4 2 7,c7 in subsection 7b7-- 7i7 in the subsection heading1 by striking document and inserting driver's license and identification card2 7ii7 in the matter preceding paragraph 7#a71 by inserting 1 or as part of1 after features on2 7iii7 in paragraph 7#e71 by inserting 1 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 end2 7iv7 in paragraph 7#f71 by striking principle and inserting principal2 and 7v7 in paragraph 7#h7-- 7,i7 by striking ,physical security and inserting ,security2 and 7,,ii7 by striking document and inserting driver's license or identification card2 7,d7 in subsection 7c7-- 7i7 in paragraph 7#a77;,c71 by striking ,proof of the and inserting ,the2 7ii7 by redesignating paragraph 7#c7 as paragraph 7#d72 7iii7 by inserting after paragraph 7#b7 the following3 7#c7 ,electronic presentation of identity and lawful status information ,a ,state may accept information required under paragraphs 7#a7 and 7#b7 through the use of electronic transmission methods if-- 7,a7 the ,secretary issues regulations regarding such electronic transmission that-- 7i7 describe the categories of information eligible for electronic transmission2 and 7ii7 include measures-- 7,i7 to ensure the authenticity of the information transmitted2 7,,ii7 to protect personally identifiable information2 and 7,,iii7 to detect and prevent identity fraud2 and 7,b7 the ,state certifies to the ,department of ,homeland ,security that its use of such electronic methods complies with regulations issued by the ,secretary4 2 and 7iv7 in paragraph 7#d77;,a71 as redesignated1 by striking each document and inserting the information and documentation2 and 7,e7 in subsection 7d7-- 7i7 in paragraph 7#g71 by striking document materials and papers and inserting materials1 records1 and data2 7ii7 in paragraph 7#h71 by striking security clearance requirements and inserting background checks2 and 7iii7 in paragraph 7#i71 by striking fraudulent document recognition and inserting fraud detection and prevention4 7#c7 ,repeal of grants to ,states ,the ,,real ,,id ,act of #bjje 7division ,b of ,public ,law #aji-ac2 #di ,u4,s4,c4 #cjcja note7 is amended by striking section #bjd4 7#d7 ,notification of ,,real ,,id ,act of #bjje requirements ,the ,,real ,,id ,act of #bjje 7division ,b of ,public ,law #aji-ac2 #di ,u4,s4,c4 #cjcja note7 is amended by adding at the end the following3 #bjh4 ,notification of requirements and deadlines ,during the #ae-month period beginning #ij days before the date on which ,federal agencies will no longer accept1 for official purposes1 driver's licenses and identification cards that do not comply with the requirements under section #bjb1 aircraft operators and third party reservation entities shall notify passengers about the requirements and enforcement deadlines under this ,act4 4 7c7 ,immediate burden reduction measures ,notwithstanding any other provision of law 7including regulations71 beginning on the date of the enactment of this ,act1 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 #bjje 7division ,b of ,public ,law #aji-ac2 #di ,u4,s4,c4 #cjcja note74 ,,xi ,southwest ,border ,security ,technology ,improvement ,act of #bjbj #aaja4 ,short title ,this title may be cited as the ,southwest ,border ,security ,technology ,improvement ,act of #bjbj4 #aajb4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,homeland ,security of the ,house of ,representatives4 7#b7 ,department ,the term ,department means the ,department of ,homeland ,security4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#d7 ,southwest border ,the term ,southwest border means the international land border between the ,united ,states and ,mexico1 including the ports of entry along such border4 #aajc4 ,southern border technology needs analysis and updates 7a7 ,technology needs analysis ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall submit1 to the appropriate congressional committees1 a technology needs analysis for border security technology along the ,southwest border4 7b7 ,contents ,the analysis required under subsection 7a7 shall include an assessment of-- 7#a7 the technology needs and gaps along the ,southwest border-- 7,a7 to prevent terrorists and instruments of terror from entering the ,united ,states2 7,b7 to combat and reduce cross-border criminal activity1 including1 but not limited to-- 7i7 the transport of illegal goods1 such as illicit drugs2 and 7ii7 human smuggling and human trafficking2 and 7,c7 to facilitate the flow of legal trade across the ,southwest border2 7#b7 recent technological advancements in-- 7,a7 manned aircraft sensor1 communication1 and common operating picture technology2 7,b7 unmanned aerial systems and related technology1 including counter-unmanned aerial system technology2 7,c7 surveillance technology1 including-- 7i7 mobile surveillance vehicles2 7ii7 associated electronics1 including cameras1 sensor technology1 and radar2 7iii7 tower-based surveillance technology2 7iv7 advanced unattended surveillance sensors2 and 7v7 deployable1 lighter-than-air1 ground surveillance equipment2 7,d7 nonintrusive inspection technology1 including non-,x-ray devices utilizing muon tomography and other advanced detection technology2 7,e7 tunnel detection technology2 and 7,f7 communications equipment1 including-- 7i7 radios2 7ii7 long-term evolution broadband2 and 7iii7 miniature satellites2 7#c7 any other technological advancements that the ,secretary determines to be critical to the ,department's mission along the ,southwest border2 7#d7 whether the use of the technological advances described in paragraphs 7#b7 and 7#c7 will-- 7,a7 improve border security2 7,b7 improve the capability of the ,department to accomplish its mission along the ,southwest border2 7,c7 reduce technology gaps along the ,southwest border2 and 7,d7 enhance the safety of any officer or agent of the ,department or any other ,federal agency2 7#e7 the ,department's ongoing border security technology development efforts1 including efforts by-- 7,a7 ,u4,s4 ,customs and ,border ,protection2 7,b7 the ,science and ,technology ,directorate2 and 7,c7 the technology assessment office of any other operational component2 7#f7 the technology needs for improving border security1 such as-- 7,a7 information technology or other computer or computing systems data capture2 7,b7 biometrics2 7,c7 cloud storage2 and 7,d7 intelligence data sharing capabilities among agencies within the ,department2 7#g7 any other technological needs or factors1 including border security infrastructure1 such as physical barriers or dual-purpose infrastructure1 that the ,secretary determines should be considered2 and 7#h7 currently deployed technology or new technology that would improve the ,department's ability-- 7,a7 to reasonably achieve operational control and situational awareness along the ,southwest border2 and 7,b7 to collect metrics for securing the border at and between ports of entry1 as required under subsections 7b7 and 7c7 of section #ajib of division ,a of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7#f ,u4,s4,c4 #bbc74 7c7 ,updates 7#a7 ,in general ,not later than #b years after the submission of the analysis required under subsection 7a71 and biannually thereafter for the following #d years1 the ,secretary shall submit an update to such analysis to the appropriate congressional committees4 7#b7 ,contents ,each update required under paragraph 7#a7 shall include a plan for utilizing the resources of the ,department to meet the border security technology needs and gaps identified pursuant to subsection 7b71 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 border4 7d7 ,items to be considered ,in compiling the technology needs analysis and updates required under this section1 the ,secretary shall consider and examine-- 7#a7 technology that is deployed and is sufficient for the ,department's use along the ,southwest border2 7#b7 technology that is deployed1 but is insufficient for the ,department's use along the ,southwest border2 and 7#c7 technology that is not deployed1 but is necessary for the ,department's use along the ,southwest border2 7#d7 current formal departmental requirements documentation examining current border security threats and challenges faced by any component of the ,department2 7#e7 trends and forecasts regarding migration across the ,southwest border2 7#f7 the impact on projected staffing and deployment needs for the ,department1 including staffing needs that may be fulfilled through the use of technology2 7#g7 the needs and challenges faced by employees of the ,department who are deployed along the ,southwest border2 7#h7 the need to improve cooperation among ,federal1 ,state1 tribal1 local1 and ,mexican law enforcement entities to enhance security along the ,southwest border2 7#i7 the privacy implications of existing technology and the acquisition and deployment of new technologies and supporting infrastructure1 with an emphasis on how privacy risks might be mitigated through the use of technology1 training1 and policy2 7#aj7 the impact of any ongoing public health emergency that impacts ,department operations along the ,southwest border2 and 7#aa7 the ability of1 and the needs for1 the ,department to assist with search and rescue efforts for individuals or groups that may be in physical danger or in need of medical assistance4 7e7 ,classified form ,to the extent possible1 the ,secretary shall submit the technology needs analysis and updates required under this section in unclassified form1 but may submit such documents1 or portions of such documents1 in classified form if the ,secretary determines that such action is appropriate4 ,v ,,aircraft ,,certification1 ,,safety1 ,,and ,,accountability ,i ,aircraft ,certification1 ,safety1 and ,accountability #aja4 ,short title2 table of contents 7a7 ,short title ,this title may be cited as the ,aircraft ,certification1 ,safety1 and ,accountability ,act4 7b7 ,table of contents ,the table of contents for this title is as follows3 ,,title ,i--,aircraft ,certification1 ,safety1 and ,accountability ,sec4 #aja4 ,short title2 table of contents4 ,sec4 #ajb4 ,safety management systems4 ,sec4 #ajc4 ,expert review of organization designation authorizations for transport airplanes4 ,sec4 #ajd4 ,certification oversight staff4 ,sec4 #aje4 ,disclosure of safety critical information4 ,sec4 #ajf4 ,limitation on delegation4 ,sec4 #ajg4 ,oversight of organization designation authorization unit members4 ,sec4 #ajh4 ,integrated project teams4 ,sec4 #aji4 ,oversight integrity briefing4 ,sec4 #aaj4 ,appeals of certification decisions4 ,sec4 #aaa4 ,employment restrictions4 ,sec4 #aab4 ,professional development1 skills enhancement1 continuing education and training4 ,sec4 #aac4 ,voluntary safety reporting program4 ,sec4 #aad4 ,compensation limitation4 ,sec4 #aae4 ,system safety assessments and other requirements4 ,sec4 #aaf4 ,flight crew alerting4 ,sec4 #aag4 ,changed product rule4 ,sec4 #aah4 ,whistleblower protections4 ,sec4 #aai4 ,domestic and international pilot training4 ,sec4 #abj4 ,nonconformity with approved type design4 ,sec4 #aba4 ,implementation of recommendations4 ,sec4 #abb4 ,oversight of ,,faa compliance program4 ,sec4 #abc4 ,settlement agreement4 ,sec4 #abd4 ,human factors education program4 ,sec4 #abe4 ,best practices for organization designation authorizations4 ,sec4 #abf4 ,human factors research4 ,sec4 #abg4 ,,faa ,center of ,excellence for automated systems and human factors in aircraft4 ,sec4 #abh4 ,pilot operational evaluations4 ,sec4 #abi4 ,ensuring appropriate responsibility of aircraft certification and flight standards performance objectives and metrics4 ,sec4 #acj4 ,transport airplane risk assessment methodology4 ,sec4 #aca4 ,national air grant fellowship program4 ,sec4 #acb4 ,emerging safety trends in aviation4 ,sec4 #acc4 ,,faa accountability enhancement4 ,sec4 #acd4 ,authorization of appropriations for the advanced materials center of excellence4 ,sec4 #ace4 ,promoting ,aviation ,regulations for ,technical ,training4 ,sec4 #acf4 ,independent study on type certification reform4 ,sec4 #acg4 ,definitions4 #ajb4 ,safety management systems 7a7 ,rulemaking proceeding 7#a7 ,in general ,not later than #cj days after the date of enactment of this title1 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 #ddgjd of title #di1 ,united ,states ,code1 where the ,united ,states is the ,state of ,design and ,state of ,manufacture1 have in place a safety management system that is consistent with the standards and recommended practices established by ,,icao and contained in annex #ai to the ,convention on ,international ,civil ,aviation 7#fa ,stat4 #aahj71 for such systems4 7#b7 ,contents of regulations ,the regulations issued under paragraph 7#a7 shall1 at a minimum-- 7,a7 ensure safety management systems are consistent with1 and complementary to1 existing safety management systems2 7,b7 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 valid2 7,c7 include provisions for the ,administrator's approval of1 and regular oversight of adherence to1 a certificate holder's safety management system adopted pursuant to such regulations2 and 7,d7 require such certificate holder to adopt1 not later than #d years after the date of enactment of this title1 a safety management system4 7b7 ,final rule deadline ,not later than #bd months after initiating the rulemaking under subsection 7a71 the ,administrator shall issue a final rule4 7c7 ,surveillance and audit requirement ,the final rule issued pursuant to subsection 7b7 shall include a requirement for the ,administrator to implement a systems approach to risk-based surveillance by defining and planning inspections1 audits1 and monitoring activities on a continuous basis1 to ensure that design and production approval holders of aviation products meet and continue to meet safety management system requirements under the rule4 7d7 ,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 basis1 consistent with ,,icao standards4 7e7 ,safety reporting program ,the regulations issued under subsection 7a7 shall require a safety management system to include a confidential employee reporting system through which employees can report hazards1 issues1 concerns1 occurrences1 and incidents4 ,a reporting system under this subsection shall include provisions for reporting1 without concern for reprisal for reporting1 of such items by employees in a manner consistent with confidential employee reporting systems administered by the ,administrator4 ,such regulations shall also require a certificate holder described in subsection 7a7 to submit a summary of reports received under this subsection to the ,administrator at least twice per year4 7f7 ,code of ethics ,the regulations issued under subsection 7a7 shall require a safety management system to include establishment of a code of ethics applicable to all appropriate employees of a certificate holder1 including officers 7as determined by the ,,faa71 which clarifies that safety is the organization's highest priority4 7g7 ,protection of safety information ,section #ddgce7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking title #e if the report and inserting the following3 title #e-- 7#a7 if the report 2 7#b7 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#b7 if the report1 data1 or other information is submitted to the ,federal ,aviation ,administration pursuant to section #ajb7;e7 of the ,aircraft ,certification1 ,safety1 and ,accountability ,act4 4 #ajc4 ,expert review of organization designation authorizations for transport airplanes 7a7 ,expert review 7#a7 ,establishment ,not later than #cj days after the date of enactment of this title1 the ,administrator shall convene an expert panel 7in this section referred to as the review panel7 to review and make findings and recommendations on the matters listed in paragraph 7#b74 7#b7 ,contents of review ,with respect to each holder of an organization designation authorization for the design and production of transport airplanes1 the review panel shall review the following3 7,a7 ,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 ,manual1 ,fourth ,edition 7,international ,civil ,aviation ,organization ,doc4 ,no4 #ihei7 or any similar successor document4 7,b7 ,the effectiveness of measures instituted by the holder to instill1 among employees and contractors of such holder that support organization designation authorization functions1 a commitment to safety above all other priorities4 7,c7 ,the holder's capability1 based on the holder's organizational structures1 requirements applicable to officers and employees of such holder1 and safety culture1 of making reasonable and appropriate decisions regarding functions delegated to the holder pursuant to the organization designation authorization4 7,d7 ,any other matter determined by the ,administrator for which inclusion in the review would be consistent with the public interest in aviation safety4 7#c7 ,composition of review panel ,the review panel shall consist of-- 7,a7 #b representatives of the ,national ,aeronautics and ,space ,administration2 7,b7 #b employees of the ,administration's ,aircraft ,certification ,service with experience conducting oversight of persons not involved in the design or production of transport airplanes2 7,c7 #a employee of the ,administration's ,aircraft ,certification ,service with experience conducting oversight of persons involved in the design or production of transport airplanes2 7,d7 #b employees of the ,administration's ,flight ,standards ,service with experience in oversight of safety management systems2 7,e7 #a appropriately qualified representative1 designated by the applicable represented organization1 of each of-- 7i7 a labor union representing airline pilots involved in both passenger and all-cargo operations2 7ii7 a labor union1 not selected under clause 7i71 representing airline pilots with expertise in the matters described in paragraph 7#b72 7iii7 a labor union representing employees engaged in the assembly of transport airplanes2 7iv7 the certified bargaining representative under section #gaaa of title #e1 ,united ,states ,code1 for field engineers engaged in the audit or oversight of an organization designation authorization within the ,aircraft ,certification ,service of the ,administration2 7v7 the certified bargaining representative for safety inspectors of the ,administration2 and 7vi7 a labor union representing employees engaged in the design of transport airplanes2 7,f7 #b independent experts who have not served as a political appointee in the ,administration and-- 7i7 who hold either a baccalaureate or postgraduate degree in the field of aerospace engineering or a related discipline2 and 7ii7 who have a minimum of #bj years of relevant applied experience2 7,g7 #d air carrier employees whose job responsibilities include administration of a safety management system2 7,h7 #d individuals representing #d different holders of organization designation authorizations1 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 engines1 propellers1 or appliances2 and 7,i7 #a 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 ,,faa1 except that such individual may not1 within the #aj-year period preceding the individual's appointment1 have been employed by1 or provided legal services to1 the holder of an organization designation authorization referenced in paragraph 7#b74 7#d7 ,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 7#b74 7#e7 ,report 7,a7 ,submission ,not later than #bgj days after the date of the first meeting of the review panel1 the review 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 7#b71 except that such report shall include-- 7i7 only such findings endorsed by #aj or more individual members of the review panel2 and 7ii7 only such recommendations described in paragraph 7#d7 endorsed by #ah or more of the individual members of the review panel4 7,b7 ,dissenting views ,in submitting the report required under this paragraph1 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 panel4 7,c7 ,publication ,not later than #e days after receiving the report under subparagraph 7,a71 the ,administrator shall publish such report1 including any dissenting views appended to the report1 on the website of the ,administration4 7,d7 ,termination ,the review panel shall terminate upon submission of the report under subparagraph 7,a74 7#f7 ,administrative provisions 7,a7 ,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 appropriate3 7i7 ,entering onto the premises of a holder of an organization designation authorization referenced in paragraph 7#b7 for access to and inspection of records or other purposes4 7ii7 ,notwithstanding any other provision of law1 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 ,administration4 7iii7 ,interviewing employees of such holder of an organization designation authorization or the ,administration as necessary for the panel to complete its work4 7,b7 ,disclosure of financial interests ,each individual serving on the review panel shall disclose to the ,administrator any financial interest held by such individual1 or a spouse or dependent of such individual1 in a business enterprise engaged in the design or production of transport airplanes1 aircraft engines designed for transport airplanes1 or major systems1 components1 or parts thereof4 7,c7 ,protection of proprietary information2 trade secrets 7i7 ,marking ,the custodian of a record accessed under subparagraph 7,a7 may mark such record as proprietary or containing a trade secret4 ,a marking under this subparagraph shall not be dispositive with respect to whether such record contains any information subject to legal protections from public disclosure4 7ii7 ,nondisclosure for non-federal government participants 7,i7 ,non-federal government participants ,prior to participating on the review panel1 each individual serving on the review panel representing a non-,federal entity1 including a labor union1 shall execute an agreement with the ,administrator in which the individual shall be prohibited from disclosing at any time1 except as required by law1 to any person1 foreign or domestic1 any non-public information made accessible to the panel under subparagraph 7,a74 7,,ii7 ,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 #aije of title #ah1 ,united ,states ,code1 shall not be required to execute agreements under this subparagraph4 7iii7 ,protection of voluntarily submitted safety information ,information subject to protection from disclosure by the ,administration in accordance with sections #djabc and #ddgce of title #di1 ,united ,states ,code1 is deemed voluntarily submitted to the ,administration under such sections when shared with the review panel and retains its protection from disclosure 7including protection under section #eeb7;b77#c7 of title #e1 ,united ,states ,code74 ,the custodian of a record subject to such protection may mark such record as subject to statutory protections4 ,a marking under this subparagraph shall not be dispositive with respect to whether such record contains any information subject to legal protections from public disclosure4 ,members of the review panel will protect voluntarily submitted safety information and other otherwise exempt information to the extent permitted under applicable law4 7iv7 ,protection of proprietary information and trade secrets ,members of the review panel will protect proprietary information1 trade secrets1 and other otherwise exempt information to the extent permitted under applicable law4 7v7 ,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 subparagraph1 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 withheld1 in part or in full1 from release to the public4 7,d7 ,applicable law ,public ,law #ib-dfc shall not apply to the panel established under this subsection4 7,e7 ,financial interest defined ,in this paragraph1 the term financial interest-- 7i7 excludes securities held in an index fund2 and 7ii7 includes-- 7,i7 any current or contingent ownership1 equity1 or security interest2 7,,ii7 an indebtedness or compensated employment relationship2 or 7,,iii7 any right to purchase or acquire any such interest1 including a stock option or commodity future4 7b7 ,,faa authority 7#a7 ,in general ,after reviewing the findings of the review panel submitted under subsection 7a77#e71 the ,administrator may limit1 suspend1 or terminate an organization designation authorization subject to review under this section4 7#b7 ,reinstatement ,the ,administrator may condition reinstatement of a limited1 suspended1 or terminated organization designation authorization on the holder's implementation of any corrective actions determined necessary by the ,administrator4 7#c7 ,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 authorization1 including limitation1 suspension1 or termination of such authorization4 7c7 ,organization designation authorization process improvements ,not later than #a year after receipt of the recommendations submitted under subsection 7a77#e71 the ,administrator shall report to the congressional committees of jurisdiction on-- 7#a7 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 #ddg of title #di1 ,united ,states ,code1 title #ad1 ,code of ,federal ,regulations1 and other orders or requirements of the ,administrator1 and1 if not1 the ,administrator shall outline-- 7,a7 the risk mitigations or other corrective actions1 including the implementation timelines of such mitigations or actions1 the ,administrator has established for or required of such holder as prerequisites for a conclusion by the ,administrator under this paragraph2 or 7,b7 the status of any ongoing investigatory actions2 7#b7 the status of implementation of each of the recommendations of the review panel1 if any1 with which the ,administrator concurs2 7#c7 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 airplanes2 and 7#d7 the ,administrator's efforts1 to the maximum extent practicable and subject to appropriations1 to increase the number of engineers1 inspectors1 and other qualified technical experts1 as necessary to fulfill the requirements of this section1 in-- 7,a7 each office of the ,administration responsible for dedicated oversight of such holder2 and 7,b7 the ,system ,oversight ,division1 or any successor division1 of the ,aircraft ,certification ,service4 7d7 ,non-concurrence with recommendations ,not later than #f months after receipt of the recommendations submitted under subsection 7a77#e71 with respect to each recommendation of the review panel with which the ,administrator does not concur1 if any1 the ,administrator shall publish on the website of the ,administration and submit to the congressional committees of jurisdiction a detailed explanation as to why1 including if the ,administrator believes implementation of such recommendation would not improve aviation safety4 #ajd4 ,certification oversight staff 7a7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator #bg1jjj1jjj for each of fiscal years #bjba through #bjbc to recruit and retain engineers1 safety inspectors1 human factors specialists1 chief scientific and technical advisors1 software and cybersecurity experts1 and other qualified technical experts who perform duties related to the certification of aircraft1 aircraft engines1 propellers1 appliances1 and new and emerging technologies1 and perform other regulatory activities4 7b7 ,in general ,not later than #fj days after the date of enactment of this title1 and without duplicating any recently completed or ongoing reviews1 the ,administrator shall initiate a review of-- 7#a7 the inspectors1 human factors specialists1 flight test pilots1 engineers1 managers1 and executives in the ,,faa who are responsible for the certification of the design1 manufacture1 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 of1 and oversee the adoption of1 new or innovative technologies1 materials1 and procedures used by designers and manufacturers of such aircraft2 and 7#b7 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 ,safety1 with particular focus placed on the ,aircraft ,certification ,service and the ,flight ,standards ,service 7or any successor organizations71 particularly with respect to understanding the safety implications of new or innovative technologies1 materials1 aircraft operations1 and procedures used by designers and manufacturers of such aircraft4 7c7 ,deadline for completion ,not later than #bgj days after the date of enactment of this title1 the ,administrator shall complete the review required by subsection 7b74 7d7 ,briefing ,not later than #cj days after the completion of the review required by subsection 7b71 the ,administrator shall brief the congressional committees of jurisdiction on the results of the review4 ,the briefing shall include the following3 7#a7 ,an analysis of the ,administration's ability to hire safety inspectors1 human factors specialists1 flight test pilots1 engineers1 managers1 executives1 scientists1 and technical advisors1 who have the requisite expertise to oversee new developments in aerospace design and manufacturing4 7#b7 ,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 aircraft4 7e7 ,consultation requirement ,in completing the review under subsection 7b71 the ,administrator shall consult and collaborate with appropriate stakeholders1 including labor organizations 7including those representing aviation workers1 ,,faa aviation safety engineers1 human factors specialists1 flight test pilots1 and ,,faa aviation safety inspectors71 and aerospace manufacturers4 7f7 ,recruitment and retention 7#a7 ,bargaining units ,not later than #cj days after the date of enactment of this title1 the ,administrator shall begin collaboration with the exclusive bargaining representatives of engineers1 safety inspectors1 systems safety specialists1 and other qualified technical experts certified under section #gaaa of title #e1 ,united ,states ,code1 to improve recruitment of employees for1 and to implement retention incentives for employees holding1 positions with respect to the certification of aircraft1 aircraft engines1 propellers1 and appliances4 ,if the ,administrator and such representatives are unable to reach an agreement collaboratively1 the ,administrator and such representatives shall negotiate in accordance with section #djabb7;a7 of title #di1 ,united ,states ,code1 to improve recruitment and implement retention incentives for employees described in subsection 7a7 who are covered under a collective bargaining agreement4 7#b7 ,other employees ,notwithstanding any other provision of law1 not later than #cj days after the date of enactment of this title1 the ,administrator shall initiate actions to improve recruitment of1 and implement retention incentives for1 any individual described in subsection 7a7 who is not covered under a collective bargaining agreement4 7#c7 ,rule of construction ,nothing in this section shall be construed to vest in any exclusive bargaining representative any management right of the ,administrator1 as such right existed on the day before the date of enactment of this title4 7#d7 ,availability of appropriations ,any action taken by the ,administrator under this section shall be subject to the availability of appropriations authorized under subsection 7a74 #aje4 ,disclosure of safety critical information 7a7 ,disclosure ,section #ddgjd of title #di1 ,united ,states ,code1 is amended by striking subsection 7e7 and inserting the following3 7e7 ,disclosure of safety critical information 7#a7 ,in general ,notwithstanding a delegation described in section #ddgjb7;d71 the ,administrator shall require an applicant for1 or holder of1 a type certificate for a transport category airplane covered under part #be of title #ad1 ,code of ,federal ,regulations1 to submit safety critical information with respect to such airplane to the ,administrator in such form1 manner1 or time as the ,administrator may require4 ,such safety critical information shall include-- 7,a7 any design and operational details1 intended functions1 and failure modes of any system that1 without being commanded by the flight crew1 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 airplane2 7,b7 the design and operational details1 intended functions1 failure modes1 and mode annunciations of autopilot and autothrottle systems1 if applicable2 7,c7 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 catastrophic1 as defined in the appropriate ,administration airworthiness requirements and guidance applicable to transport category airplanes defining risk severity2 7,d7 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 qualities2 and 7,e7 a system safety assessment with respect to a system described in subparagraph 7,a7 or 7,b7 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 catastrophic1 as defined in the appropriate ,administration airworthiness requirements and guidance applicable to transport category airplanes defining risk severity4 7#b7 ,ongoing communications 7,a7 ,newly discovered information ,the ,administrator shall require that an applicant for1 or holder of1 a type certificate disclose to the ,administrator1 in such form1 manner1 or time as the ,administrator may require1 any newly discovered information or design or analysis change that would materially alter any submission to the ,administrator under paragraph 7#a74 7,b7 ,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 ,administrator4 7#c7 ,flight manuals ,the ,administrator shall ensure that an airplane flight manual and a flight crew operating manual 7as appropriate or applicable7 for an airplane contains a description of the operation of a system described in paragraph 7#a77;,a7 and flight crew procedures for responding to a failure or aberrant operation of such system4 7#d7 ,civil penalty 7,a7 ,amount ,notwithstanding section #dfcja1 an applicant for1 or holder of1 a type certificate that knowingly violates paragraph 7#a71 7#b71 or 7#c7 of this subsection shall be liable to the ,administrator for a civil penalty of not more than #a1jjj1jjj for each violation4 7,b7 ,penalty considerations ,in determining the amount of a civil penalty under subparagraph 7,a71 the ,administrator shall consider-- 7i7 the nature1 circumstances1 extent1 and gravity of the violation1 including the length of time that such safety critical information was known but not disclosed2 and 7ii7 with respect to the violator1 the degree of culpability1 any history of prior violations1 and the size of the business concern4 7#e7 ,revocation and civil penalty for individuals 7,a7 ,in general ,the ,administrator shall revoke any airline transport pilot certificate issued under section #ddgjc held by any individual who1 while acting on behalf of an applicant for1 or holder of1 a type certificate1 knowingly makes a false statement with respect to any of the matters described in subparagraphs 7,a7 through 7,e7 of paragraph 7#a74 7,b7 ,authority to impose civil penalty ,the ,administrator may impose a civil penalty under section #dfcja for each violation described in subparagraph 7,a74 7#f7 ,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 certificate4 7#g7 ,definition of type certificate ,in this subsection1 the term type certificate-- 7,a7 means a type certificate issued under subsection 7a7 or an amendment to such certificate2 and 7,b7 does not include a supplemental type certificate issued under subsection 7b74 4 7b7 ,civil penalty authority ,section #ddgjd of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 7f7 ,hearing requirement ,the ,administrator may find that a person has violated subsection 7a77#f7 or paragraph 7#a71 7#b71 or 7#c7 of subsection 7e7 and impose a civil penalty under the applicable subsection only after notice and an opportunity for a hearing4 ,the ,administrator shall provide a person-- 7#a7 written notice of the violation and the amount of penalty2 and 7#b7 the opportunity for a hearing under subpart ,g of part #ac of title #ad1 ,code of ,federal ,regulations4 4 7c7 ,required submission of outline of system changes at the beginning of the certification process 7#a7 ,in general ,not later than #ahj days after the date of enactment of this title1 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 ,administrator1 in a single document submitted at the beginning of the process for amending such certificate1 all new systems and intended changes to existing systems then known to such applicant4 ,the ,administrator shall finalize the revision of such procedures not later than #ah months after initiating such process4 7#b7 ,application ,compliance with the procedures revised pursuant to paragraph 7#a7 shall not preclude an applicant from making additional changes to aircraft systems as the design and application process proceeds4 7#c7 ,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 section #ddgjd7;e7 of title #di1 ,united ,states ,code1 as amended in this title4 #ajf4 ,limitation on delegation ,section #ddgjb7;d7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 7,a7 ,with respect to a critical system design feature of a transport category airplane1 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 certificate1 including a type certificate1 or amended or supplemental type certificate1 under section #ddgjd1 until the ,administrator has reviewed and validated any underlying assumptions related to human factors4 7,b7 ,the requirement under subparagraph 7,a7 shall not apply if the ,administrator determines the matter involved is a routine task4 7,c7 ,for purposes of subparagraph 7,a71 the term critical system design feature includes any feature 7including a novel or unusual design feature7 for which the failure of such feature1 either independently or in combination with other failures1 could result in catastrophic or hazardous failure conditions1 as those terms are defined by the ,administrator4 4 #ajg4 ,oversight of organization designation authorization unit members 7a7 ,in general ,chapter #ddg of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #ddgda4 ,approval of organization designation authorization unit members 7a7 ,in general ,beginning ,january #a1 #bjbb1 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 aircraft1 aircraft engine1 propeller1 or appliance and performs an authorized function pursuant to a delegation by the ,administrator of the ,federal ,aviation ,administration under section #ddgjb7;d7-- 7#a7 shall be-- 7,a7 an employee1 a contractor1 or a consultant of the ,,oda holder2 or 7,b7 the employee of a supplier of the ,,oda holder2 and 7#b7 may not become a member of such unit unless approved by the ,administrator pursuant to this section4 7b7 ,process and timeline 7#a7 ,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 section4 7#b7 ,process ,an ,,oda holder described in subsection 7a7 may submit to the ,administrator an application for an individual to be approved to become an ,,oda unit member under this section4 ,the application shall be submitted in such form and manner as the ,administrator determines appropriate4 ,the ,administrator shall require an ,,oda holder to submit with such an application information sufficient to demonstrate an individual's qualifications under subsection 7c74 7#c7 ,timeline ,the ,administrator shall approve or reject an individual that is selected by an ,,oda holder to become an ,,oda unit member under this section not later than #cj days after the receipt of an application by an ,,oda holder4 7#d7 ,documentation of approval ,upon approval of an individual to become an ,,oda unit member under this section1 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 member4 7#e7 ,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 ,administrator4 7c7 ,qualifications 7#a7 ,in general ,the ,administrator shall issue minimum qualifications for an individual to become an ,,oda unit member under this section4 ,in issuing such qualifications1 the ,administrator shall consider existing qualifications for ,administration employees with similar duties and whether such individual-- 7,a7 is technically proficient and qualified to perform the authorized functions sought2 7,b7 has no recent record of serious enforcement action1 as determined by the ,administrator1 taken by the ,administrator with respect to any certificate1 approval1 or authorization held by such individual2 7,c7 is of good moral character 7as such qualification is applied to an applicant for an airline transport pilot certificate issued under section #ddgjc72 7,d7 possesses the knowledge of applicable design or production requirements in this chapter and in title #ad1 ,code of ,federal ,regulations1 necessary for performance of the authorized functions sought2 7,e7 possesses a high degree of knowledge of applicable design or production principles1 system safety principles1 or safety risk management processes appropriate for the authorized functions sought2 and 7,f7 meets such testing1 examination1 training1 or other qualification standards as the ,administrator determines are necessary to ensure the individual is competent and capable of performing the authorized functions sought4 7#b7 ,previously rejected application ,in reviewing an application for an individual to become an ,,oda unit member under this section1 if an application for such individual was previously rejected1 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 reapplication4 7d7 ,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 appropriate4 ,the ,administrator shall develop procedures to provide for notice and opportunity to appeal rescission decisions made by the ,administrator4 ,such decisions by the ,administrator are not subject to judicial review4 7e7 ,conditional selections 7#a7 ,in general ,subject to the requirements of this subsection1 the ,administrator may authorize an ,,oda holder to conditionally designate an individual to perform the functions of an ,,oda unit member for a period of not more than #cj days 7beginning on the date an application for such individual is submitted under subsection 7b77#b774 7#b7 ,required determination ,the ,administrator may not make an authorization under paragraph 7#a7 unless-- 7,a7 the ,,oda holder has instituted1 to the ,administrator's satisfaction1 systems and processes to ensure the integrity and reliability of determinations by conditionally-designated ,,oda unit members2 and 7,b7 the ,,oda holder has instituted a safety management system in accordance with regulations issued by the ,administrator under section #ajb of the ,aircraft ,certification1 ,safety1 and ,accountability ,act4 7#c7 ,final determination ,the ,administrator shall approve or reject the application for an individual designated under paragraph 7#a7 in accordance with the timeline and procedures described in subsection 7b74 7#d7 ,rejection and review ,if the ,administrator rejects the application submitted under subsection 7b77#b7 for an individual conditionally designated under paragraph 7#a71 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 designee4 7#e7 ,prohibitions ,notwithstanding the requirements of paragraph 7#b71 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 appropriate4 ,the ,administrator may prohibit any conditionally designated individual from performing an authorized function at any time for any reason the ,administrator considers appropriate4 7f7 ,records and briefings 7#a7 ,in general ,beginning on the date described in subsection 7a71 an ,,oda holder shall maintain1 for a period to be determined by the ,administrator and with proper protections to ensure the security of sensitive and personal information-- 7,a7 any data1 applications1 records1 or manuals required by the ,,oda holder's approved procedures manual1 as determined by the ,administrator2 7,b7 the names1 responsibilities1 qualifications1 and example signature of each member of the ,,oda unit who performs an authorized function pursuant to a delegation by the ,administrator under section #ddgjb7;d72 7,c7 training records for ,,oda unit members and ,,oda administrators2 and 7,d7 any other data1 applications1 records1 or manuals determined appropriate by the ,administrator4 7#b7 ,congressional briefing ,not later than #ij days after the date of enactment of this section1 and every #ij days thereafter through ,september #cj1 #bjbc1 the ,administrator shall provide a briefing to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate on the implementation and effects of this section1 including-- 7,a7 the ,administration's performance in completing reviews of individuals and approving or denying such individuals within the timeline required under subsection 7b77#c72 7,b7 for any individual rejected by the ,administrator under subsection 7b7 during the preceding #ij-;day period1 the reasoning or basis for such rejection2 and 7,c7 any resource1 staffing1 or other challenges within the ,administration associated with implementation of this section4 7g7 ,special review of qualifications 7#a7 ,in general ,not later than #cj days after the issuance of minimum qualifications under subsection 7c71 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 7c74 7#b7 ,unqualified individual ,for any individual who is determined by the ,administrator not to meet such minimum qualifications pursuant to the review conducted under paragraph 7#a71 the ,administrator-- 7,a7 shall determine whether the lack of qualification may be remedied and1 if so1 provide such individual with an action plan or schedule for such individual to meet such qualifications2 or 7,b7 may1 if the ,administrator determines the lack of qualification may not be remedied1 take appropriate action1 including prohibiting such individual from performing an authorized function4 7#c7 ,deadline ,the ,administrator shall complete the review required under paragraph 7#a7 not later than #ah months after the date on which such review was initiated4 7#d7 ,savings clause ,an individual approved to become an ,,oda unit member of a holder of a type certificate for a transport airplane under subsection 7a7 shall not be subject to the review under this subsection4 7h7 ,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 section4 7i7 ,definitions 7#a7 ,general applicability ,the definitions contained in section #ddgcf7;c7 shall apply to this section4 7#b7 ,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 #cj or more or an all-cargo or combi derivative of such an airplane4 7j7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #c1jjj1jjj for each of fiscal years #bjba through #bjbc4 #ddgdb4 ,interference with the duties of organization designation authorization unit members 7a7 ,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 members4 7b7 ,prohibition 7#a7 ,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 functions4 7#b7 ,civil penalty 7,a7 ,individuals ,an individual shall be subject to a civil penalty under section #dfcja7;a77#a7 for each violation under paragraph 7#a74 7,b7 ,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 ,administration4 7c7 ,reporting 7#a7 ,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 reports4 7#b7 ,reports to the ,,faa 7,a7 ,in general ,the ,,oda holder office described in paragraph 7#a7 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 7#a74 7,b7 ,contents ,the ,administrator shall prescribe parameters for the submission of reports to the ,administration under this paragraph1 including the manner1 time1 and form of submission4 ,such report shall include the results of any investigation conducted by the ,,oda holder in response to a report of interference1 a description of any action taken by the ,,oda holder as a result of the report of interference1 and any other information or potentially mitigating factors the ,,oda holder or the ,administrator deems appropriate4 7d7 ,definitions 7#a7 ,general applicability ,the definitions contained in section #ddgcf7;c7 shall apply to this section4 7#b7 ,interference ,in this section1 the term interference means-- 7,a7 blatant or egregious statements or behavior1 such as harassment1 beratement1 or threats1 that a reasonable person would conclude was intended to improperly influence or prejudice an ,,oda unit member's performance of his or her duties2 or 7,b7 the presence of non-,,oda unit duties or activities that conflict with the performance of authorized functions by ,,oda unit members4 4 7b7 ,,oda program enhancements 7#a7 ,in general ,section #ddgcf of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,audits 7#a7 ,in general ,the ,administrator shall perform a periodic audit of each ,,oda unit and its procedures4 7#b7 ,duration ,an audit required under paragraph 7#a7 shall be performed with respect to an ,,oda holder once every #g years 7or more frequently as determined appropriate by the ,administrator74 7#c7 ,records ,the ,,oda holder shall maintain1 for a period to be determined by the ,administrator1 a record of-- 7,a7 each audit conducted under this subsection2 and 7,b7 any corrective actions resulting from each such audit4 7e7 ,federal aviation safety advisors 7#a7 ,in general ,in the case of an ,,oda holder1 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 ,administrator4 ,the advisors shall-- 7,a7 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 compliance2 and 7,b7 monitor the performance of the assigned unit members to ensure consistency with such policies4 7#b7 ,applicability ,paragraph 7#a7 shall only apply to an ,,oda holder that is-- 7,a7 a manufacturer that holds both a type and a production certificate for-- 7i7 transport category airplanes with a maximum takeoff gross weight greater than #aej1jjj pounds2 or 7ii7 airplanes produced and delivered to operators operating under part #aba of title #ad1 ,code of ,federal ,regulations1 for air carrier service under such part #aba2 or 7,b7 a manufacturer of engines for an airplane described in subparagraph 7,a74 7f7 ,communication with the ,,faa ,neither the ,administrator nor an ,,oda holder may prohibit-- 7#a7 an ,,oda unit member from communicating with1 or seeking the advice of1 the ,administrator or ,,faa staff2 or 7#b7 the ,administrator or ,,faa staff from communicating with an ,,oda unit member4 4 7#b7 ,report ,not later than ,september #cj1 #bjbb1 the ,administrator shall submit to the congressional committees of jurisdiction a report on the implementation of subsections 7d7 and 7e7 of section #ddgcf of title #di1 ,united ,states ,code1 as added by subsection 7b74 7c7 ,additional ,,oda program enhancements ,section #ddgcf of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7 by striking the semicolon and inserting 2 and2 7ii7 by striking subparagraph 7,b72 7iii7 in subparagraph 7,c7 by striking 2 and and inserting a period2 7iv7 by striking subparagraph 7,d72 and 7v7 by redesignating subparagraph 7,c7 as subparagraph 7,b72 and 7,b7 in paragraph 7#c7 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 findings42 and 7#b7 in subsection 7b77#c7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking clause 7i7 and redesignating clauses 7ii71 7iii71 and 7iv7 as clauses 7i71 7ii71 and 7iii71 respectively2 7ii7 in clause 7i7 as redesignated by inserting 1 as appropriate1 after require2 7iii7 in clause 7ii7 as redesignated by inserting 1 as appropriate1 after require2 and 7iv7 in clause 7iii7 as redesignated by inserting when appropriate1 before make a reassessment2 7,b7 by striking subparagraph 7,b72 7,c7 in subparagraph 7,f7 by inserting 1 when appropriate1 before approve2 and 7,d7 by redesignating subparagraphs 7,c71 7,d71 7,e71 and 7,f7 as subparagraphs 7,b71 7,c71 7,d71 and 7,e71 respectively4 7d7 ,technical corrections 7#a7 ,section #ddgcg ,chapter #ddg of title #di1 ,united ,states ,code1 is further amended by redesignating the second section #ddgcg 7as added by section #eha of the ,,faa ,reauthorization ,act of #bjah7 as section #ddgdj4 7#b7 ,analysis ,the analysis for chapter #ddg of title #di1 ,united ,states ,code1 is amended-- 7,a7 by striking the item relating to the second section #ddgcg 7as added by section #eha of the ,,faa ,reauthorization ,act of #bjah72 and 7,b7 by inserting after the item relating to section #ddgci the following new items3 #ddgdj4 ,special rule for certain aircraft operations4 #ddgda4 ,approval of organization designation authorization unit members4 #ddgdb4 ,interference with the duties of organization designation authorization unit members4 4 7#c7 ,special rule for certain aircraft operations ,section #ddgdj of title #di1 ,united ,states ,code 7as redesignated by paragraph 7#a771 is amended-- 7,a7 in the heading by striking the period at the end2 7,b7 in subsection 7a77#a7 by striking chapter and inserting section2 7,c7 in subsection 7b77#a7 by striking 7#a7 the second time it appears2 and 7,d7 in subsection 7c77#b7 by adding a period at the end4 #ajh4 ,integrated project teams 7a7 ,in general ,upon receipt of an application for a type certificate for a transport category airplane1 the ,administrator shall convene an interdisciplinary integrated project team responsible for coordinating review and providing advice and recommendations1 as appropriate1 to the ,administrator on such application4 7b7 ,membership ,in convening an interdisciplinary integrated project team under subsection 7a71 the ,administrator shall appoint employees of the ,administration or other ,federal agencies1 such as the ,air ,force1 ,volpe ,national ,transportation ,systems ,center1 or the ,national ,aeronautics and ,space ,administration 7with the concurrence of the head of such other ,federal agency71 with specialized expertise and experience in the fields of engineering1 systems design1 human factors1 and pilot training1 including1 at a minimum-- 7#a7 not less than #a designee of the ,associate ,administrator for ,aviation ,safety whose duty station is in the ,administration's headquarters2 7#b7 representatives of the ,aircraft ,certification ,service of the ,administration2 7#c7 representatives of the ,flight ,standards ,service of the ,administration2 7#d7 experts in the fields of human factors1 aerodynamics1 flight controls1 software1 and systems design2 and 7#e7 any other subject matter expert whom the ,administrator determines appropriate4 7c7 ,availability ,in order to carry out its duties with respect to the areas specified in subsection 7d71 a project team shall be available to the ,administrator1 upon request1 at any time during the certification process4 7d7 ,duties ,a project team shall advise the ,administrator and make written recommendations to the ,administrator1 to be retained in the certification project file1 including recommendations for any plans1 analyses1 assessments1 and reports required to support and document the certification project1 in the following areas associated with a new technology or novel design3 7#a7 ,initial review of design proposals proposed by the applicant and the establishment of the certification basis4 7#b7 ,identification of new technology1 novel design1 or safety critical design features or systems that are potentially catastrophic1 either alone or in combination with another failure4 7#c7 ,determination of compliance findings1 system safety assessments1 and safety critical functions the ,administration should retain in terms of new technology1 novel design1 or safety critical design features or systems4 7#d7 ,evaluation of the ,administration's expertise or experience necessary to support the project4 7#e7 ,review and evaluation of an applicant's request for exceptions or exemptions from compliance with airworthiness standards codified in title #ad of the ,code of ,federal ,regulations1 as in effect on the date of application for the change4 7#f7 ,conduct of design reviews1 procedure evaluations1 and training evaluations4 7#g7 ,review of the applicant's final design documentation and other data to evaluate compliance with all relevant ,administration regulations4 7e7 ,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 file4 7f7 ,report ,not later than #a year after the date of enactment of this section1 and annually thereafter through fiscal year #bjbc1 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 year1 including the role and composition of each such project team4 #aji4 ,oversight integrity briefing ,not later than #a year after the date of enactment of this title1 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 safety4 #aaj4 ,appeals of certification decisions 7a7 ,in general ,section #ddgjd1 of title #di1 ,united ,states ,code1 as amended by section #aje7;b71 is further amended by adding at the end the following3 7g7 ,certification dispute resolution 7#a7 ,dispute resolution process and appeals 7,a7 ,in general ,not later than #fj days after the date of enactment of this subsection1 the ,administrator shall issue an order establishing-- 7i7 an effective1 timely1 and milestone-based issue resolution process for type certification activities under subsection 7a72 and 7ii7 a process by which a decision1 finding of compliance or noncompliance1 or other act of the ,administration1 with respect to compliance with design requirements1 may be appealed by a covered person directly involved with the certification activities in dispute on the basis that such decision1 finding1 or act is erroneous or inconsistent with this chapter1 regulations1 or guidance materials promulgated by the ,administrator1 or other requirements4 7,b7 ,escalation ,the order issued under subparagraph 7,a7 shall provide processes for-- 7i7 resolution of technical issues at pre-established stages of the certification process1 as agreed to by the ,administrator and the type certificate applicant2 7ii7 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 applicant2 7iii7 resolution of a major certification process milestone elevated pursuant to clause 7ii7 within a specific period of time agreed to by the ,administrator and the type certificate applicant2 7iv7 initial review by appropriate ,administration employees of any appeal described in subparagraph 7,a77ii72 and 7v7 subsequent review of any further appeal by appropriate management personnel of the ,administration and the ,associate ,administrator for ,aviation ,safety4 7,c7 ,disposition 7i7 ,written decision ,the ,associate ,administrator for ,aviation ,safety shall issue a written decision that states the grounds for the decision of the ,associate ,administrator on-- 7,i7 each appeal submitted under subparagraph 7,a77ii72 and 7,,ii7 ,an appeal to the ,associate ,administrator submitted under subparagraph 7,b77v74 7ii7 ,report to congress ,not later than ,december #ca of each calendar year through calendar year #bjbe1 the ,administrator shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report summarizing each appeal resolved under this subsection4 7,d7 ,final review 7i7 ,in general ,a written decision of the ,associate ,administrator under subparagraph 7,c7 may be appealed to the ,administrator for a final review and determination4 7ii7 ,decline to review ,the ,administrator may decline to review an appeal initiated pursuant to clause 7i74 7iii7 ,judicial review ,no decision under this paragraph 7including a decision to decline to review an appeal7 shall be subject to judicial review4 7#b7 ,prohibited contacts 7,a7 ,prohibition generally ,during the course of an appeal under this subsection1 no covered official may engage in an ex parte communication 7as defined in section #eea of title #e7 with an individual representing or acting on behalf of an applicant for1 or holder of1 a certificate under this section in relation to such appeal unless such communication is disclosed pursuant to subparagraph 7,b74 7,b7 ,disclosure ,if1 during the course of an appeal under this subsection1 a covered official engages in1 receives1 or is otherwise made aware of an ex parte communication1 the covered official shall disclose such communication in the public record at the time of the issuance of the written decision under paragraph 7#a77;,c71 including the time and date of the communication1 subject of communication1 and all persons engaged in such communication4 7#c7 ,definitions ,in this subsection3 7,a7 ,covered person ,the term covered person means either-- 7i7 an employee of the ,administration whose responsibilities relate to the certification of aircraft1 engines1 propellers1 or appliances2 or 7ii7 an applicant for1 or holder of1 a type certificate or amended type certificate issued under this section4 7,b7 ,covered official ,the term covered official means the following officials3 7i7 ,the ,executive ,director or any ,deputy ,director of the ,aircraft ,certification ,service4 7ii7 ,the ,deputy ,executive ,director for ,regulatory ,operations of the ,aircraft ,certification ,service4 7iii7 ,the ,director or ,deputy ,director of the ,compliance and ,airworthiness ,division of the ,aircraft ,certification ,service4 7iv7 ,the ,director or ,deputy ,director of the ,system ,oversight ,division of the ,aircraft ,certification ,service4 7v7 ,the ,director or ,deputy ,director of the ,policy and ,innovation ,division of the ,aircraft ,certification ,service4 7vi7 ,the ,executive ,director or any ,deputy ,executive ,director of the ,flight ,standards ,service4 7vii7 ,the ,associate ,administrator or ,deputy ,associate ,administrator for ,aviation ,safety4 7viii7 ,the ,deputy ,administrator of the ,federal ,aviation ,administration4 7ix7 ,the ,administrator of the ,federal ,aviation ,administration4 7x7 ,any similarly situated or successor ,,faa management position to those described in clauses 7i7 through 7ix71 as determined by the ,administrator4 7,c7 ,major certification process milestone ,the term major certification process milestone means a milestone related to the type certification basis1 type certification plan1 type inspection authorization1 issue paper1 or other major type certification activity agreed to by the ,administrator and the type certificate applicant4 7#d7 ,rule of construction ,nothing in this subsection shall apply to the communication of a good-faith complaint by any individual alleging-- 7,a7 gross misconduct2 7,b7 a violation of title #ah2 or 7,c7 a violation of any of the provisions of part #bfce or #fjja of title #e1 ,code of ,federal ,regulations4 4 7b7 ,conforming amendment ,section #ddgjd7;a7 of title #di1 ,united ,states ,code1 is amended by striking paragraph 7#f74 #aaa4 ,employment restrictions 7a7 ,disqualification based on prior employment ,an employee of the ,administration with supervisory responsibility may not direct1 conduct1 or otherwise participate in oversight of a holder of a certificate issued under section #ddgjd of title #di1 ,united ,states ,code1 that previously employed such employee in the preceding #a-year period4 7b7 ,post-employment restrictions ,section #ddgaa7;d7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7d7 ,post-employment restrictions for inspectors and engineers 7#a7 ,prohibition ,a person holding a certificate issued under part #ba or #aai of title #ad1 ,code of ,federal ,regulations1 may not knowingly employ1 or make a contractual arrangement that permits1 an individual to act as an agent or representative of such person in any matter before the ,administration if the individual1 in the preceding #b-year period-- 7,a7 served as1 or was responsible for oversight of-- 7i7 a flight standards inspector of the ,administration2 or 7ii7 an employee of the ,administration with responsibility for certification functions with respect to a holder of a certificate issued under section #ddgjd7;a72 and 7,b7 had responsibility to inspect1 or oversee inspection of1 the operations of such person4 7#b7 ,written and oral communications ,for purposes of paragraph 7#a71 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 7or any of its officers or employees7 in connection with a particular matter1 whether or not involving a specific party and without regard to whether the individual has participated in1 or had responsibility for1 the particular matter while serving as an individual covered under paragraph 7#a74 4 #aab4 ,professional development1 skills enhancement1 continuing education and training 7a7 ,in general ,chapter #dde of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #ddeai4 ,certification personnel continuing education and training 7a7 ,in general ,the ,administrator of the ,federal ,aviation ,administration shall-- 7#a7 develop a program for regular recurrent training of engineers1 inspectors1 and other subject-matter experts employed in the ,aircraft ,certification ,service of the ,administration in accordance with the training strategy developed pursuant to section #bca of the ,,faa ,reauthorization ,act of #bjah 7,public ,law #aae-bed2 #acb ,stat4 #cbef72 7#b7 to the maximum extent practicable1 implement measures1 including assignments in multiple divisions of the ,aircraft ,certification ,service1 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 skills2 7#c7 develop a program to provide continuing education and training to ,administration personnel who hold positions involving aircraft certification and flight standards1 including human factors specialists1 engineers1 flight test pilots1 inspectors1 and1 as determined appropriate by the ,administrator1 industry personnel who may be responsible for compliance activities including designees2 and 7#d7 in consultation with outside experts1 develop-- 7,a7 an education and training curriculum on current and new aircraft technologies1 human factors1 project management1 and the roles and responsibilities associated with oversight of designees2 and 7,b7 recommended practices for compliance with ,administration regulations4 7b7 ,implementation ,the ,administrator shall1 to the maximum extent practicable1 ensure that actions taken pursuant to subsection 7a7-- 7#a7 permit engineers1 inspectors1 and other subject matter experts to continue developing knowledge of1 and expertise in1 new and emerging technologies in systems design1 flight controls1 principles of aviation safety1 system oversight1 and certification project management2 7#b7 minimize the likelihood of an individual developing an inappropriate bias toward a designer or manufacturer of aircraft1 aircraft engines1 propellers1 or appliances2 7#c7 are consistent with any applicable collective bargaining agreements2 and 7#d7 account for gaps in knowledge and skills 7as identified by the ,administrator in consultation with the exclusive bargaining representatives certified under section #gaaa of title #e1 ,united ,states ,code7 between ,administration employees and private-sector employees for each group of ,administration employees covered under this section4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator1 #aj1jjj1jjj for each of fiscal years #bjba through #bjbc to carry out this section4 ,amounts appropriated under the preceding sentence for any fiscal year shall remain available until expended4 4 7b7 ,table of contents ,the analysis for chapter #dde of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #ddeah the following3 #ddeai4 ,certification personnel continuing education and training4 4 #aac4 ,voluntary safety reporting program 7a7 ,in general ,not later than #a year after the date of enactment of this title1 the ,administrator shall establish a voluntary safety reporting program for engineers1 safety inspectors1 systems safety specialists1 and other subject matter experts certified under section #gaaa of title #e1 ,united ,states ,code1 to confidentially report instances where they have identified safety concerns during certification or oversight processes4 7b7 ,safety reporting program requirements ,in establishing the safety reporting program under subsection 7a71 the ,administrator shall ensure the following3 7#a7 ,the ,,faa maintains a reporting culture that encourages human factors specialists1 engineers1 flight test pilots1 inspectors1 and other appropriate ,,faa employees to voluntarily report safety concerns4 7#b7 ,the safety reporting program is non-punitive1 confidential1 and protects employees from adverse employment actions related to their participation in the program4 7#c7 ,the safety reporting program identifies exclusionary criteria for the program4 7#d7 ,collaborative development of the program with bargaining representatives of employees under section #gaaa of title #e1 ,united ,states ,code1 who are employed in the ,aircraft ,certification ,service or ,flight ,standards ,service of the ,administration 7or1 if unable to reach an agreement collaboratively1 the ,administrator shall negotiate with the representatives in accordance with section #djabb7;a7 of title #di1 ,united ,states ,code1 regarding the development of the program74 7#e7 ,full and collaborative participation in the program by the bargaining representatives of employees described in paragraph 7#d74 7#f7 ,the ,administrator thoroughly reviews safety reports to determine whether there is a safety issue1 including a hazard1 defect1 noncompliance1 nonconformance1 or process error4 7#g7 ,the ,administrator thoroughly reviews safety reports to determine whether any aircraft certification process contributed to the safety concern being raised4 7#h7 ,the creation of a corrective action process in order to address safety issues that are identified through the program4 7c7 ,outcomes ,results of safety report reviews under this section may be used to-- 7#a7 improve-- 7,a7 safety systems1 hazard control1 and risk reduction2 7,b7 certification systems2 7,c7 ,,faa oversight2 7,d7 compliance and conformance2 and 7,e7 any other matter determined necessary by the ,administrator2 and 7#b7 implement lessons learned4 7d7 ,report filing ,the ,administrator shall establish requirements for when in the certification process reports may be filed to-- 7#a7 ensure that identified issues can be addressed in a timely manner2 and 7#b7 foster open dialogue between applicants and ,,faa employees throughout the certification process4 7e7 ,integration with other safety reporting programs ,the ,administrator shall implement the safety reporting program established under subsection 7a7 and the reporting requirements established pursuant to subsection 7d7 in a manner that is consistent with other voluntary safety reporting programs administered by the ,administrator4 7f7 ,report to congress ,not later than #b years after the date of enactment of this title1 and annually thereafter through fiscal year #bjbc1 the ,administrator shall submit to the congressional committees of jurisdiction a report on the effectiveness of the safety reporting program established under subsection 7a74 #aad4 ,compensation limitation ,section #ajf7l7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#g7 ,prohibition on certain performance-based incentives ,no employee of the ,administration shall be given an award1 financial incentive1 or other compensation1 as a result of actions to meet performance goals related to meeting or exceeding schedules1 quotas1 or deadlines for certificates issued under section #ddgjd4 4 #aae4 ,system safety assessments and other requirements 7a7 ,in general ,not later than #b years after the date of enactment of this title1 the ,administrator shall issue such regulations as are necessary to amend part #be of title #ad1 ,code of ,federal ,regulations1 and any associated advisory circular1 guidance1 or policy of the ,administration1 in accordance with this section4 7b7 ,system safety assessments and other requirements ,in developing regulations under subsection 7a71 the ,administrator shall-- 7#a7 require an applicant for an amended type certificate for a transport airplane to-- 7,a7 perform a system safety assessment with respect to each proposed design change that the ,administrator determines is significant1 with such assessment considering the airplane-level effects of individual errors1 malfunctions1 or failures and realistic pilot response times to such errors1 malfunctions1 or failures2 7,b7 update such assessment to account for each subsequent proposed design change that the ,administrator determines is significant2 7,c7 provide appropriate employees of the ,administration with the data and assumptions underlying each assessment and amended assessment2 and 7,d7 provide for document traceability and clarity of explanations for changes to aircraft type designs and system safety assessment certification documents2 and 7#b7 work with other civil aviation authorities representing states of design to ensure such regulations remain harmonized internationally4 7c7 ,guidance ,guidance or an advisory circular issued under subsection 7a7 shall1 at minimum-- 7#a7 emphasize the importance of clear documentation of the technical details and failure modes and effects of a design change described in subsection 7b77#a72 and 7#b7 ensure appropriate review of any change that results in a functional hazard assessment classification of major or greater1 as such term is defined in ,,faa ,advisory ,circular #be4acji-a;,a 7or any successor or replacement document74 7d7 ,,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 7b77#a77;,a71 updated assessment required under subsection 7b77#a77;,b71 and supporting data and assumptions required under subsection 7b77#a77;,c71 to ensure that each such assessment sufficiently addresses the considerations listed in subsection 7b77#a77;,a74 #aaf4 ,flight crew alerting 7a7 ,in general ,not later than #a year after the date of enactment of this title1 the ,administrator shall implement ,national ,transportation ,safety ,board recommendations ,a-#ai-aa and ,a-#ai-ab 7as contained in the safety recommendation report adopted on ,september #i1 #bjai74 7b7 ,prohibition ,beginning on the date that is #b years after the date of enactment of this title1 the ,administrator may not issue a type certificate for a transport category aircraft unless-- 7#a7 in the case of a transport airplane1 such airplane incorporates a flight crew alerting system that1 at a minimum1 displays and differentiates among warnings1 cautions1 and advisories1 and includes functions to assist the flight crew in prioritizing corrective actions and responding to systems failures2 or 7#b7 in the case of a transport category aircraft other than a transport airplane1 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 7including by cockpit or flight manual procedures74 7c7 ,existing airplane designs ,it is the sense of ,congress that the ,,faa shall ensure that any system safety assessment with respect to the ,boeing #gcg-g1 #gcg-h1 #gcg-i1 and #gcg-aj airplanes1 as described in ,national ,transportation ,safety ,board recommendation ,a-#ai-aj1 is conducted in accordance with such recommendation4 #aag4 ,changed product rule 7a7 ,review and reevaluation of amended type certificates 7#a7 ,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 ,team4 7#b7 ,reevaluation of amended type certificates ,in carrying out this subsection1 the ,administrator shall-- 7,a7 encourage ,certification ,management ,team members to examine and address any relevant covered recommendations 7as defined in section #aba7;c77 relating to the issuance of amended type certificates2 7,b7 reevaluate existing assumptions and practices inherent in the amended type certificate process and assess whether such assumptions and practices are valid2 and 7,c7 ensure1 to the greatest extent practicable1 that ,federal regulations relating to the issuance of amended type certificates are harmonized with the regulations of other international states of design4 7b7 ,amended type certificate report and rulemaking 7#a7 ,briefings ,not later than #ab months after the date of enactment of this title1 and annually thereafter through fiscal year #bjbc1 the ,administrator shall brief the congressional committees of jurisdiction on the work and status of the development of such recommendations by the ,certification ,management ,team4 7#b7 ,initiation of action ,not later than #b years after the date of enactment of this title1 the ,administrator shall take action to revise and improve the process of issuing amended type certificates in accordance with this section4 ,such action shall include1 at minimum-- 7,a7 initiation of a rulemaking proceeding2 and 7,b7 development or revision of guidance and training materials4 7#c7 ,contents ,in taking actions required under paragraph 7#b71 the ,administrator shall do the following3 7,a7 ,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 impacts4 7,b7 ,define key terms used for the changed product process under sections #ba4ai and #ba4aja of title #ad1 ,code of ,federal ,regulations4 7,c7 ,consider-- 7i7 the findings and work of the ,certification ,management ,team and other similar international harmonization efforts2 7ii7 any relevant covered recommendations 7as defined in section #aba7;c772 and 7iii7 whether a fixed time beyond which a type certificate may not be amended would improve aviation safety4 7,d7 ,establish the extent to which the following design characteristics should preclude the issuance of an amended type certificate3 7i7 ,a new or revised flight control system4 7ii7 ,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 qualities4 7iii7 ,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 derivative4 7iv7 ,a change in structural components 7other than a stretch or shrink of the fuselage7 that results in a change in structural load paths or the magnitude of structural loads attributed to flight maneuvers or cabin pressurization4 7v7 ,a novel or unusual system1 component1 or other feature whose failure would present a hazardous or catastrophic risk4 7,e7 ,develop objective criteria for helping to determine what constitutes a substantial change and a significant change4 7,f7 ,implement mandatory aircraft-level reviews throughout the certification process to validate the certification basis and assumptions4 7,g7 ,require maintenance of relevant records of agreements between the ,,faa and an applicant that affect certification documentation and deliverables4 7,h7 ,ensure appropriate documentation of any exception or exemption from airworthiness requirements codified in title #ad of the ,code of ,federal ,regulations1 as in effect on the date of application for the change4 7#d7 ,guidance materials ,the ,administrator shall consider the following when developing orders and regulatory guidance1 including advisory circulars1 where appropriate3 7,a7 ,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 assessment4 7,b7 ,presentation to the ,,faa of new technology1 novel design1 or safety critical features or systems1 initially and throughout the certification process1 when development and certification prompt design or compliance method revision4 7,c7 ,examples of key terms used for the changed product process under sections #ba4ai and #ba4aja of title #ad1 ,code of ,federal ,regulations4 7,d7 ,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 aircraft4 7,e7 ,policies to guide applicants on proper visibility1 clarity1 and consistency of key design and compliance information that is submitted for certification1 particularly with new design features4 7,f7 ,the creation1 validation1 and implementation of analytical tools appropriate for the analysis of complex system for the ,,faa and applicants4 7,g7 ,early coordination processes with the ,,faa for the functional hazard assessments validation and preliminary system safety assessments review4 7#e7 ,training materials ,the ,administrator shall-- 7,a7 develop training materials for establishing the certification basis for changed aeronautical products pursuant to section #ba4aja of title #ad1 ,code of ,federal ,regulations1 applications for a new type certificate pursuant to section #ba4ai of such title1 and the regulatory guidance developed as a result of the rulemaking conducted pursuant to paragraph 7#b72 and 7,b7 procedures for disseminating such materials to implementing personnel of the ,,faa1 designees1 and applicants4 7#f7 ,certification management team defined ,in this section1 the term ,certification ,management ,team means the team framework under which the ,,faa1 the ,european ,aviation ,safety ,agency1 the ,transport ,canada ,civil ,aviation1 and the ,national ,civil ,aviation ,agency of ,brazil1 manage the technical1 policy1 certification1 manufacturing1 export1 and continued airworthiness issues common among the #d authorities4 7#g7 ,deadline ,the ,administrator shall finalize the actions initiated under paragraph 7#b7 not later than #c years after the date of enactment of this title4 7c7 ,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 basis1 consistent with ,,icao standards4 #aah4 ,whistleblower protections ,section #dbaba of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,prohibited discrimination ,a holder of a certificate under section #ddgjd or #ddgje of this title1 or a contractor1 subcontractor1 or supplier of such holder1 may not discharge an employee or otherwise discriminate against an employee with respect to compensation1 terms1 conditions1 or privileges of employment because the employee 7or any person acting pursuant to a request of the employee7-- 7#a7 provided1 caused to be provided1 or is about to provide 7with any knowledge of the employer7 or cause to be provided to the employer or ,federal ,government information relating to any violation or alleged violation of any order1 regulation1 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 ,states2 7#b7 has filed1 caused to be filed1 or is about to file 7with any knowledge of the employer7 or cause to be filed a proceeding relating to any violation or alleged violation of any order1 regulation1 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 ,states2 7#c7 testified or is about to testify in such a proceeding2 or 7#d7 assisted or participated or is about to assist or participate in such a proceeding4 2 7#b7 by striking subsection 7d7 and inserting the following3 7d7 ,nonapplicability to deliberate violations ,subsection 7a7 shall not apply with respect to an employee of a holder of a certificate issued under section #ddgjd or #ddgje1 or a contractor or subcontractor thereof1 who1 acting without direction from such certificate-holder1 contractor1 or subcontractor 7or such person's agent71 deliberately causes a violation of any requirement relating to aviation safety under this subtitle or any other law of the ,united ,states4 2 and 7#c7 by striking subsection 7e7 and inserting the following3 7e7 ,contractor defined ,in this section1 the term contractor means-- 7#a7 a person that performs safety-sensitive functions by contract for an air carrier or commercial operator2 or 7#b7 a person that performs safety-sensitive functions related to the design or production of an aircraft1 aircraft engine1 propeller1 appliance1 or component thereof by contract for a holder of a certificate issued under section #ddgjd4 4 #aai4 ,domestic and international pilot training 7a7 ,in general ,chapter #ddg of title #di1 ,united ,states ,code1 as amended by section #ajg1 is further amended by adding at the end the following3 #ddgdc4 ,pilot training requirements 7a7 ,in general 7#a7 ,administrator's determination ,in establishing any pilot training requirements with respect to a new transport airplane1 the ,administrator of the ,federal ,aviation ,administration shall independently review any proposal by the manufacturer of such airplane with respect to the scope1 format1 or minimum level of training required for operation of such airplane4 7#b7 ,assurances and marketing representations ,before the ,administrator has established applicable training requirements1 an applicant for a new or amended type certificate for an airplane described in paragraph 7#a7 may not1 with respect to the scope1 format1 or magnitude of pilot training for such airplane-- 7,a7 make any assurance or other contractual commitment1 whether verbal or in writing1 to a potential purchaser of such airplane unless a clear and conspicuous disclaimer 7as defined by the ,administrator7 is included regarding the status of training required for operation of such airplane2 or 7,b7 provide financial incentives 7including rebates7 to a potential purchaser of such airplane regarding the scope1 format1 or magnitude of pilot training for such airplane4 7b7 ,pilot response time ,beginning on the day after the date on which regulations are issued under section #aai7;c77#f7 of the ,aircraft ,certification1 ,safety1 and ,accountability ,act1 the ,administrator may not issue a new or amended type certificate for an airplane described in subsection 7a7 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 airplane4 ,such assumptions shall-- 7#a7 be based on test data1 analysis1 or other technical validation methods2 and 7#b7 account for generally accepted scientific consensus among experts in human factors regarding realistic pilot response time4 7c7 ,definition ,in this section1 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 #cj or more or an all-cargo or combi derivative of such an airplane4 4 7b7 ,conforming amendment ,the analysis for chapter #ddg of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 #ddgdc4 ,pilot training requirements4 4 7c7 ,expert safety review 7#a7 ,in general ,not later than #cj days after the date of enactment of this title1 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 aircraft4 7#b7 ,contents ,the expert safety review required under paragraph 7#a7 shall include-- 7,a7 a review of ,administration regulations1 guidance1 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 aircraft1 and human factors and human system integration1 particularly those related to pilot and aircraft interfaces2 7,b7 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 instrumentation1 including responses to safety-significant failure conditions and failure scenarios that trigger multiple1 and possibly conflicting1 warnings and alerts2 7,c7 a review of human factors assumptions with applicable operational data1 human factors research and the input of human factors experts and ,,faa operational data1 and as appropriate1 recommendations for modifications to existing assumptions2 7,d7 a review of revisions made to the airman certification standards for certificates over the last #d years1 including any possible effects on pilot competency in basic manual flying skills2 7,e7 consideration of the global nature of the aviation marketplace1 varying levels of pilot competency1 and differences in pilot training programs worldwide2 7,f7 a process for aviation stakeholders1 including pilots1 airlines1 inspectors1 engineers1 test pilots1 human factors experts1 and other aviation safety experts1 to provide and discuss any observations1 feedback1 and best practices2 7,g7 a review of processes currently in place to ensure that when carrying out the certification of a new aircraft type1 or an amended type1 the cumulative effects that new technologies1 and the interaction between new technologies and unchanged systems for an amended type certificate1 may have on pilot interactions with aircraft systems are properly assessed through system safety assessments or otherwise2 and 7,h7 a review of processes currently in place to account for any necessary adjustments to system safety assessments1 pilot procedures and training requirements1 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 aircraft4 7#c7 ,report and recommendations ,not later than #cj days after the conclusion of the expert safety review pursuant to paragraph 7#a71 the ,administrator shall submit to the congressional committees of jurisdiction a report on the results of the review1 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 certification4 7#d7 ,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 report4 7#e7 ,termination ,the expert safety review shall end upon submission of the report required pursuant to paragraph 7#c74 7#f7 ,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 safety4 7d7 ,call to action on airman certification standards 7#a7 ,in general ,not later than #fj days after the date of enactment of this title1 the ,administrator shall initiate a call to action safety review of pilot certification standards in order to bring stakeholders together to share lessons learned1 best practices1 and implement actions to address any safety issues identified4 7#b7 ,contents ,the call to action safety review required under paragraph 7#a7 shall include-- 7,a7 a review of ,administration regulations1 guidance1 and directives related to the pilot certification standards1 including the oversight of those processes2 7,b7 a review of revisions made to the pilot certification standards for certificates over the last #e years1 including any possible effects on pilot competency in manual flying skills and effectively managing automation to improve safety2 and 7,c7 a process for aviation stakeholders1 including aviation students1 instructors1 designated pilot examiners1 pilots1 airlines1 labor1 and aviation safety experts1 to provide and discuss any observations1 feedback1 and best practices4 7#c7 ,report and recommendations ,not later than #ij days after the conclusion of the call to action safety review pursuant to paragraph 7#a71 the ,administrator shall submit to the congressional committees of jurisdiction a report on the results of the review1 any recommendations for actions or best practices to ensure pilot competency in basic manual flying skills and in effective management of automation1 and actions the ,administrator will take in response to the recommendations4 7e7 ,international pilot training 7#a7 ,in general ,the ,secretary of ,transportation1 the ,administrator1 and other appropriate officials of the ,government shall exercise leadership in setting global standards to improve air carrier pilot training and qualifications for-- 7,a7 monitoring and managing the behavior and performance of automated systems2 7,b7 controlling the flightpath of aircraft without autoflight systems engaged2 7,c7 effectively utilizing and managing autoflight systems1 when appropriate2 7,d7 effectively identifying situations in which the use of autoflight systems is appropriate and when such use is not appropriate2 and 7,e7 recognizing and responding appropriately to non-normal conditions4 7#b7 ,international leadership ,the ,secretary1 the ,administrator1 and other appropriate officials of the ,government shall exercise leadership under paragraph 7#a7 by working with-- 7,a7 foreign counterparts of the ,administrator in the ,,icao and its subsidiary organizations2 7,b7 other international organizations and fora2 and 7,c7 the private sector4 7#c7 ,considerations ,in exercising leadership under paragraph 7#a71 the ,secretary1 the ,administrator1 and other appropriate officials of the ,government shall consider-- 7,a7 the latest information relating to human factors2 7,b7 aircraft manufacturing trends1 including those relating to increased automation in the cockpit2 7,c7 the extent to which cockpit automation improves aviation safety and introduces novel risks2 7,d7 the availability of opportunities for pilots to practice manual flying skills2 7,e7 the need for consistency in maintaining and enhancing manual flying skills worldwide2 7,f7 recommended practices of other countries that enhance manual flying skills and automation management2 and 7,g7 whether a need exists for initial and recurrent training standards for improve pilots' proficiency in manual flight and in effective management of autoflight systems4 7#d7 ,congressional briefing ,the ,secretary1 the ,administrator1 and other appropriate officials of the ,government shall provide to the congressional committees of jurisdiction regular briefings on the status of efforts undertaken pursuant to this subsection4 7f7 ,international aviation safety ,section #djajd7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking ,the ,administrator shall and inserting the following3 7#a7 ,in general ,the ,administrator shall 2 and 7#b7 by adding at the end the following3 7#b7 ,bilateral and multilateral engagement2 technical assistance ,the ,administrator shall-- 7,a7 in consultation with the ,secretary of ,state1 engage bilaterally and multilaterally1 including with the ,international ,civil ,aviation ,organization1 on an ongoing basis to bolster international collaboration1 data sharing1 and harmonization of international aviation safety requirements including through-- 7i7 sharing of continued operational safety information2 7ii7 prioritization of pilot training deficiencies1 including manual flying skills and flight crew training1 to discourage over reliance on automation1 further bolstering the components of airmanship2 7iii7 encouraging the consideration of the safety advantages of appropriate ,federal regulations1 which may include relevant ,federal regulations pertaining to flight crew training requirements2 and 7iv7 prioritizing any other flight crew training areas that the ,administrator believes will enhance all international aviation safety2 and 7,b7 seek to expand technical assistance provided by the ,federal ,aviation ,administration in support of enhancing international aviation safety1 including by-- 7i7 promoting and enhancing effective oversight systems1 including operational safety enhancements identified through data collection and analysis2 7ii7 promoting and encouraging compliance with international safety standards by counterpart civil aviation authorities2 7iii7 minimizing cybersecurity threats and vulnerabilities across the aviation ecosystem2 7iv7 supporting the sharing of safety information1 best practices1 risk assessments1 and mitigations through established international aviation safety groups2 and 7v7 providing technical assistance on any other aspect of aviation safety that the ,administrator determines is likely to enhance international aviation safety4 4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator1 #b1jjj1jjj for each of fiscal years #bjba through #bjbc1 to carry out section #djajd7;b77#b7 of title #di1 ,united ,states ,code 7as added by paragraph 7#b774 7g7 ,assistance to foreign aviation authorities 7#a7 ,in general ,section #djaac7;e77#a7 of title #di1 ,united ,states ,code1 is amended by inserting ,the ,administrator may also provide technical assistance related to all aviation safety-related training and operational services in connection with bilateral and multilateral agreements1 including further bolstering the components of airmanship4 after the first sentence4 7#b7 ,authorization of appropriations ,section #djaac7;e7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator1 #e1jjj1jjj for each of fiscal years #bjba through #bjbc1 to carry out this subsection4 ,amounts appropriated under the preceding sentence for any fiscal year shall remain available until expended4 4 7h7 ,sense of congress regarding international pilot training standards 7#a7 ,findings ,congress makes the following findings3 7,a7 ,increased reliance on automation in commercial aviation risks a degradation of pilot skills in flight path management using manual flight control4 7,b7 ,manual flight skills are essential for pilot confidence and competence4 7,c7 ,during the #djth ,assembly of ,,icao1 the ,united ,states1 ,canada1 ,peru1 and ,trinidad and ,tobago presented a working paper titled1 ,pilot ,training ,improvements to ,address ,automation ,dependency4 7,d7 ,the working paper outlines recommendations for the ,assembly to mitigate the consequences of automation dependency1 including identifying competency requirements for flight path management using manual flight control and assessing the need for new or amended international standards or guidance4 7#b7 ,sense of congress ,it is the sense of ,congress that1 as soon as practicable-- 7,a7 the recommendations included in the working paper titled ,pilot ,training ,improvements to ,address ,automation ,dependency offered by the ,united ,states at the #djth ,assembly of ,,icao should be made a priority by the ,assembly2 and 7,b7 the ,united ,states should work with ,,icao and other international aviation safety groups1 further bolstering the components of airmanship4 #abj4 ,nonconformity with approved type design ,section #ddgjd7;d7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,nonconformity with approved type design 7,a7 ,in general ,consistent with the requirements of paragraph 7#a71 a holder of a production certificate for an aircraft may not present a nonconforming aircraft1 either directly or through the registered owner of such aircraft or a person described in paragraph 7#b71 to the ,administrator for issuance of an initial airworthiness certificate4 7,b7 ,civil penalty ,notwithstanding section #dfcja1 a production certificate holder who knowingly violates subparagraph 7,a7 shall be liable to the ,administrator for a civil penalty of not more than #a1jjj1jjj for each nonconforming aircraft4 7,c7 ,penalty considerations ,in determining the amount of a civil penalty under subparagraph 7,b71 the ,administrator shall consider-- 7i7 the nature1 circumstances1 extent1 and gravity of the violation1 including the length of time the nonconformity was known by the holder of a production certificate but not disclosed2 and 7ii7 with respect to the violator1 the degree of culpability1 any history of prior violations1 and the size of the business concern4 7,d7 ,nonconforming aircraft defined ,in this paragraph1 the term nonconforming aircraft means an aircraft that does not conform to the approved type design for such aircraft type4 4 #aba4 ,implementation of recommendations 7a7 ,in general ,not later than #a year after the date of enactment of this title1 the ,administrator shall submit a report to the congressional committees of jurisdiction on the status of the ,administration's implementation of covered recommendations4 7b7 ,contents ,the report required under subsection 7a7 shall contain1 at a minimum-- 7#a7 a list and description of all covered recommendations2 7#b7 a determination of whether the ,administrator concurs1 concurs in part1 or does not concur with each covered recommendation2 7#c7 an implementation plan and schedule for all covered recommendations the ,administrator concurs or concurs in part with2 and 7#d7 for each covered recommendation with which the ,administrator does not concur 7in whole or in part71 a detailed explanation as to why4 7c7 ,covered recommendations defined ,in this section1 the term covered recommendations means recommendations made by the following entities in any review initiated in response to the accident of ,lion ,air flight #faj on ,october #bi1 #bjah1 or ,ethiopian ,airlines flight #cjb on ,march #aj1 #bjai1 that recommend ,administration action3 7#a7 ,the ,national ,transportation ,safety ,board4 7#b7 ,the ,joint ,authorities ,technical ,review4 7#c7 ,the inspector general of the ,department of ,transportation4 7#d7 ,the ,safety ,oversight and ,certification ,advisory ,committee1 or any special committee thereof4 7#e7 ,any other entity the ,administrator may designate4 #abb4 ,oversight of ,,faa compliance program 7a7 ,in general ,not later than #ahj days after the date of enactment of this title1 the ,administrator shall establish an ,executive ,council within the ,administration to oversee the use and effectiveness across program offices of the ,administration's ,compliance ,program1 described in ,order #hjjj4cgc;,a dated ,october #ca1 #bjah4 7b7 ,compliance program oversight ,the ,executive ,council established under this section shall-- 7#a7 monitor1 collect1 and analyze data on the use of the ,compliance ,program across program offices of the ,administration1 including data on enforcement actions and compliance actions pursued against regulated entities by such program offices2 7#b7 conduct an evaluation of the ,compliance ,program1 not less frequently than annually each calendar year through #bjbc1 to assess the functioning and effectiveness of such program in meeting the stated goals and purpose of the program2 7#c7 provide reports to the ,administrator containing the results of any evaluation conducted under paragraph 7#b71 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 ,administration2 7#d7 make recommendations to the ,administrator on regulations1 guidance1 performance standards or metrics1 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 safety2 and 7#e7 carry out any other oversight duties with respect to implementation of the ,compliance ,program and assigned by the ,administrator4 7c7 ,executive council 7#a7 ,executive council membership ,the ,executive ,council shall be comprised of representatives from each program office with regulatory responsibility as provided in ,order #hjjj4cgc;,a4 7#b7 ,chairperson ,the ,executive ,council shall be chaired by a person1 who shall be appointed by the ,administrator and shall report directly to the ,administrator4 7#c7 ,independence ,the ,secretary of ,transportation1 the ,administrator1 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 activities4 7#d7 ,duration ,the ,executive ,council shall terminate on ,october #a1 #bjbc4 7d7 ,annual briefing ,each calendar year through #bjbc1 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 7b71 including any reports and recommendations made by the office during the preceding calendar year4 #abc4 ,settlement agreement 7a7 ,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 #ah1 #bjae1 including a demand for full payment of any applicable civil penalties deferred under such agreement1 if the ,administrator concludes that such holder has not fully performed all obligations incurred under such agreement4 7b7 ,congressional briefing ,not later than #fj days after the date of enactment of this title1 and every #f months thereafter until a certificate holder described in subsection 7a7 has fully performed all obligations incurred by such certificate holder under such settlement agreement1 the ,administrator shall brief the congressional committees of jurisdiction on action taken consistent with subsection 7a74 #abd4 ,human factors education program 7a7 ,human factors education program 7#a7 ,in general ,the ,administrator shall develop a human factors education program that addresses the effects of modern flight deck systems1 including automated systems1 on human performance for transport airplanes and the approaches for better integration of human factors in aircraft design and certification4 7#b7 ,target audience ,the human factors education program shall be integrated into the training protocols 7as in existence as of the date of enactment of this title7 for1 and be routinely administered to1 the following3 7,a7 ,appropriate employees within the ,flight ,standards ,service4 7,b7 ,appropriate employees within the ,aircraft ,certification ,service4 7,c7 ,other employees or authorized representatives determined to be necessary by the ,administrator4 7b7 ,transport airplane manufacturer information sharing ,the ,administrator shall-- 7#a7 require each transport airplane manufacturer to provide the ,administrator with the information or findings necessary for flight crew to be trained on flight deck systems2 7#b7 ensure the information or findings under paragraph 7#a7 adequately includes consideration of human factors2 and 7#c7 ensure that each transport airplane manufacturer identifies any technical basis1 justification or rationale for the information and findings under paragraph 7#a74 #abe4 ,best practices for organization designation authorizations 7a7 ,in general ,section #bac of the ,,faa ,reauthorization ,act of #bjah 7,public ,law #aae-bed1 #acb ,stat4 #cbdi7 is amended-- 7#a7 by striking subsection 7g72 7#b7 by redesignating subsections 7c7 through 7f7 as subsections 7d7 through 7g71 respectively2 7#c7 by inserting after subsection 7b71 the following3 7c7 ,best practices review ,in addition to conducting the survey required under subsection 7b71 the ,panel shall conduct a review of a sampling of ,,oda holders to identify and develop best practices4 ,at a minimum1 the best practices shall address preventing and deterring instances of undue pressure on or by an ,,oda unit member1 within an ,,oda1 or by an ,,oda holder1 or failures to maintain independence between the ,,faa and an ,,oda holder or an ,,oda unit member4 ,in carrying out such review1 the ,panel shall-- 7#a7 examine other government regulated industries to gather lessons learned1 procedures1 or processes that address undue pressure of employees1 perceived regulatory coziness1 or other failures to maintain independence2 7#b7 identify ways to improve communications between an ,,oda ,administrator1 ,,oda unit members1 and ,,faa engineers and inspectors1 consistent with section #ddgcf7;g7 of title #di1 ,united ,states ,code1 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 member2 and 7#c7 examine ,,faa designee programs1 including the assignment of ,,faa advisors to designees1 to determine which components of the program may improve the ,,faa's oversight of ,,oda units1 ,,oda unit members1 and the ,,oda program4 2 7#d7 in subsection 7d7 7as redesignated by paragraph 7#b77-- 7,a7 by striking paragraph 7#c7 and redesignating paragraphs 7#d7 through 7#f7 as paragraphs 7#c7 through 7#e71 respectively2 7,b7 in paragraph 7#d7 7as redesignated by subparagraph 7,a771 by striking and at the end2 7,c7 in paragraph 7#e7 7as so redesignated71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7#f7 the results of the review conducted under subsection 7c74 2 and 7#e7 by inserting after subsection 7g7 7as redesignated by paragraph 7#b771 the following3 7h7 ,best practices adoption 7#a7 ,in general ,not later than #ahj days after the date on which the ,administrator receives the report required under subsection 7e71 the ,administrator shall establish best practices that are generally applicable to all ,,oda holders and require such practices to be incorporated1 as appropriate1 into each ,,oda holder's approved procedures manual4 7#b7 ,notice and comment period ,the ,administrator shall publish the established best practices for public notice and comment for not fewer than #fj days prior to requiring the practices1 as appropriate1 be incorporated into each ,,oda holder's approved procedures manual4 7i7 ,sunset ,the ,panel shall terminate on the earlier of-- 7#a7 the date of submission of the report under subsection 7e72 or 7#b7 the date that is #b years after the date on which the ,panel is first convened under subsection 7a74 4 7b7 ,procedures manual ,section #ddgcf7;b77#c7 of title #di1 ,united ,states ,code1 as amended by subsection 7c77#b77;,d7 of section #ajg71 is further amended-- 7#a7 in subparagraph 7,d7 7as redesignated by such subsection71 by striking and after the semicolon at the end2 7#b7 in subparagraph 7,e7 7as so redesignated71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,f7 ensure the ,,oda holders procedures manual contains procedures and policies based on best practices established by the ,administrator4 4 #abf4 ,human factors research 7a7 ,human factors ,not later than #ahj days after the date of enactment of this title1 the ,administrator1 in consultation with aircraft manufacturers1 operators1 and pilots1 and in coordination with the head of such other ,federal agency that the ,administrator determines appropriate1 shall develop research requirements to address the integration of human factors in the design and certification of aircraft that are intended for use in air transportation4 7b7 ,requirements ,in developing such research requirements1 the ,administrator shall-- 7#a7 establish goals for research in areas of study relevant to advancing technology1 improving design engineering and certification practices1 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 operations1 including the development of tools to validate pilot recognition and response assumptions and diagnostic tools to improve the clarity of failure indications presented to pilots2 7#b7 take into consideration and leverage any existing or planned research that is conducted by1 or conducted in partnership with1 the ,,faa2 and 7#c7 focus on-- 7,a7 preventing a recurrence of the types of accidents that have involved transport category airplanes designed and manufactured in the ,united ,states2 and 7,b7 increasingly complex aircraft systems and designs4 7c7 ,implementation ,in implementing the research requirements developed under this section1 the ,administrator shall work with appropriate organizations and authorities with expertise including1 to the maximum extent practicable1 the ,center of ,excellence for ,technical ,training and ,human ,performance and the ,center of ,excellence developed or expanded pursuant to section #abg4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator #g1ejj1jjj for each of fiscal years #bjba through #bjbc1 out of funds made available under section #dhajb7;a7 of title #di1 ,united ,states ,code1 to carry out this section4 #abg4 ,,faa ,center of ,excellence for automated systems and human factors in aircraft 7a7 ,in general ,the ,administrator shall develop or expand a ,center of ,excellence focused on automated systems and human factors in transport category aircraft4 7b7 ,duties ,the ,center of ,excellence shall1 as appropriate-- 7#a7 facilitate collaboration among academia1 the ,,faa1 and the aircraft and airline industries1 including aircraft1 engine1 and equipment manufacturers1 air carriers1 and representatives of the pilot community2 7#b7 establish goals for research in areas of study relevant to advancing technology1 improving engineering practices1 and facilitating better understanding of human factors concepts in the context of the growing development and reliance on automated or complex systems in commercial aircraft1 including continuing education and training2 7#c7 examine issues related to human system integration and flight crew and aircraft interfaces1 including tools and methods to support the integration of human factors considerations into the aircraft design and certification process2 and 7#d7 review safety reports to identify potential human factors issues for research4 7c7 ,avoiding duplication of work ,in developing or expanding the ,center of ,excellence1 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 excellence4 7d7 ,member prioritization 7#a7 ,in general ,the ,administrator1 when developing or expanding the ,center of ,excellence1 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 possible4 7#b7 ,representation ,the ,administrator shall require that the membership of the ,center of ,excellence reflect a balanced viewpoint across broad disciplines in the aviation industry4 7#c7 ,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 #gcg ,,max-#h airplane must disclose such involvement to the ,,faa prior to performing any work on behalf of the ,,faa4 7#d7 ,transparency ,in developing or expanding the ,center of ,excellence1 the ,administrator shall develop procedures to facilitate transparency and appropriate maintenance of records to the maximum extent practicable4 7#e7 ,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 excellence4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator #b1jjj1jjj for each of fiscal years #bjba through #bjbc1 out of funds made available under section #dhajb7;a7 of title #di1 ,united ,states ,code1 to carry out this section4 ,amounts appropriated under the preceding sentence for any fiscal year shall remain available until expended4 #abh4 ,pilot operational evaluations 7a7 ,pilot operational evaluations ,not later than #a year after the date of enactment of this title1 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 airplanes4 7b7 ,requirement ,such manufacturer shall ensure1 to the satisfaction of the ,administrator1 that the air carrier and foreign air carrier pilots used for such evaluations include pilots of varying levels of experience4 #abi4 ,ensuring appropriate responsibility of aircraft certification and flight standards performance objectives and metrics 7a7 ,repeals ,sections #baa and #bba of the ,,faa ,reauthorization ,act of #bjah 7#di ,u4,s4,c4 #ddgja note7 are repealed4 7b7 ,conforming repeals ,paragraphs 7#h7 and 7#i7 of section #bjb7;c7 of the ,,faa ,reauthorization ,act of #bjah 7#di ,u4,s4,c4 #ddgja note7 are repealed4 #acj4 ,transport airplane risk assessment methodology 7a7 ,deadlines 7#a7 ,agreement ,not later than #ae days after the date of enactment of this title1 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 7,,taram7 process used by the ,,faa4 7#b7 ,report ,not later than #ahj days after the date of enactment of this title1 the ,national ,academies of ,sciences shall deliver such report to the congressional committees of jurisdiction4 7b7 ,elements ,the report under subsection 7a7 shall include the following elements3 7#a7 ,an assessment of the ,,taram analysis process4 7#b7 ,an assessment of the effectiveness of the ,,taram for the purposes of improving aviation safety4 7#c7 ,recommendations to improve the methodology and effectiveness of the ,,taram as an element of aviation safety4 7c7 ,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-- 7#a7 in which a loss of life occurred2 and 7#b7 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 type4 #aca4 ,national air grant fellowship program 7a7 ,program 7#a7 ,program maintenance ,the ,administrator shall maintain within the ,,faa a program to be known as the ,national ,air ,grant ,fellowship ,program4 7#b7 ,program elements ,the ,national ,air ,grant ,fellowship ,program shall provide support for the fellowship program under subsection 7b74 7#c7 ,responsibilities of administrator 7,a7 ,guidelines ,the ,administrator shall establish guidelines related to the activities and responsibilities of air grant fellowships under subsection 7b74 7,b7 ,qualifications ,the ,administrator shall by regulation prescribe the qualifications required for designation of air grant fellowships under subsection 7b74 7,c7 ,authority ,in order to carry out the provisions of this section1 the ,administrator may-- 7i7 appoint1 assign the duties1 transfer1 and fix the compensation of such personnel as may be necessary1 in accordance with civil service laws2 7ii7 make appointments with respect to temporary and intermittent services to the extent authorized by section #caji of title #e1 ,united ,states ,code2 7iii7 enter into contracts1 cooperative agreements1 and other transactions without regard to section #faja of title #da1 ,united ,states ,code2 7iv7 notwithstanding section #acdb of title #ca1 ,united ,states ,code1 accept donations and voluntary and uncompensated services2 7v7 accept funds from other ,federal departments and agencies1 including agencies within the ,,faa1 to pay for and add to activities authorized by this section2 and 7vi7 promulgate such rules and regulations as may be necessary and appropriate4 7#d7 ,director of national air grant fellowship program 7,a7 ,in general ,the ,administrator shall appoint1 as the ,director of the ,national ,air ,grant ,fellowship ,program1 a qualified individual who has appropriate administrative experience and knowledge or expertise in fields related to aerospace4 ,the ,director shall be appointed and compensated1 without regard to the provisions of title #e governing appointments in the competitive service1 at a rate payable under section #ecgf of title #e1 ,united ,states ,code4 7,b7 ,duties ,subject to the supervision of the ,administrator1 the ,director shall administer the ,national ,air ,grant ,fellowship ,program4 ,in addition to any other duty prescribed by law or assigned by the ,administrator1 the ,director shall-- 7i7 cooperate with institutions of higher education that offer degrees in fields related to aerospace2 7ii7 encourage the participation of graduate and post-graduate students in the ,national ,air ,grant ,fellowship ,program2 and 7iii7 cooperate and coordinate with other ,federal activities in fields related to aerospace4 7b7 ,fellowships 7#a7 ,in general ,the ,administrator shall support a program of fellowships for qualified individuals at the graduate and post-graduate level4 ,the fellowships shall be in fields related to aerospace and awarded pursuant to guidelines established by the ,administrator4 ,the ,administrator shall strive to ensure equal access for minority and economically disadvantaged students to the program carried out under this paragraph4 7#b7 ,aerospace policy fellowship 7,a7 ,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-- 7i7 the executive branch of the ,united ,states ,government2 and 7ii7 the legislative branch of the ,united ,states ,government4 7,b7 ,placement priorities for legislative fellowships 7i7 ,in general ,in considering the placement of individuals receiving a fellowship for a legislative branch position under subparagraph 7,a77ii71 the ,administrator shall give priority to placement of such individuals in the following3 7,i7 ,positions in offices of1 or with ,members on1 committees of ,congress that have jurisdiction over the ,,faa4 7,,ii7 ,positions in offices of ,members of ,congress that have a demonstrated interest in aerospace policy4 7ii7 ,equitable distribution ,in placing fellows in positions described under clause 7i71 the ,administrator shall ensure that placements are equally distributed among the political parties4 7,c7 ,duration ,a fellowship awarded under this paragraph shall be for a period of not more than #a year4 7#c7 ,restriction on use of funds ,amounts available for fellowships under this subsection1 including amounts accepted under subsection 7a77#c77;,c77v7 or appropriated under subsection 7d7 to carry out this subsection1 shall be used only for award of such fellowships and administrative costs of implementing this subsection4 7c7 ,interagency cooperation ,each department1 agency1 or other instrumentality of the ,federal ,government that is engaged in or concerned with1 or that has authority over1 matters relating to aerospace-- 7#a7 may1 upon a written request from the ,administrator1 make available1 on a reimbursable basis or otherwise1 any personnel 7with their consent and without prejudice to their position and rating71 service1 or facility that the ,administrator deems necessary to carry out any provision of this section2 7#b7 shall1 upon a written request from the ,administrator1 furnish any available data or other information that the ,administrator deems necessary to carry out any provision of this section2 and 7#c7 shall cooperate with the ,,faa and duly authorized officials thereof4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator #ae1jjj1jjj for each of fiscal years #bjba through #bjbe to carry out this section4 ,amounts appropriated under the preceding sentence shall remain available until expended4 7e7 ,definitions ,in this section3 7#a7 ,director ,the term ,director means the ,director of the ,national ,air ,grant ,fellowship ,program1 appointed pursuant to subsection 7a77#d74 7#b7 ,fields related to aerospace ,the term fields related to aerospace means any discipline or field that is concerned with1 or likely to improve1 the development1 assessment1 operation1 safety1 or repair of aircraft and other airborne objects and systems1 including the following3 7,a7 ,aerospace engineering4 7,b7 ,aerospace physiology4 7,c7 ,aeronautical engineering4 7,d7 ,airworthiness engineering4 7,e7 ,electrical engineering4 7,f7 ,human factors4 7,g7 ,software engineering4 7,h7 ,systems engineering4 #acb4 ,emerging safety trends in aviation 7a7 ,general ,not later than #ahj days after the date of enactment of this title1 the ,administrator shall enter into an agreement with the ,transportation ,research ,board for the purposes of developing an annual report identifying1 categorizing1 and analyzing emerging safety trends in air transportation4 7b7 ,factors ,the emerging safety trends report should be based on the following data3 7#a7 ,the ,national ,transportation ,safety ,board's investigation of accidents under section #aacb of title #di1 ,united ,states ,code4 7#b7 ,the ,administrator's investigations of accidents and incidents under section #djaac of title #di1 ,united ,states ,code4 7#c7 ,information provided by air operators pursuant to safety management systems4 7#d7 ,international investigations of accidents and incidents1 including reports1 data1 and information from foreign authorities and ,,icao4 7#e7 ,other sources deemed appropriate for establishing emerging safety trends in the aviation sector1 including the ,,faa's annual safety culture assessment required under subsection 7c74 7c7 ,safety culture assessment ,the ,administrator shall conduct an annual safety culture assessment through fiscal year #bjca1 which shall include surveying all employees in the ,,faa's ,aviation ,safety organization 7,,avs7 to determine the employees' collective opinion regarding1 and to assess the health of1 ,,avs' safety culture and implementation of any voluntary safety reporting program4 7d7 ,existing reporting systems ,the ,executive ,director of the ,transportation ,research ,board1 in consultation with the ,secretary of ,transportation and ,administrator1 may take into account and1 as necessary1 harmonize data and sources from existing reporting systems within the ,department of ,transportation and ,,faa4 7e7 ,biennial report to congress ,one year after the ,administrator enters into the agreement with the ,transportation ,research ,board as set forth in subsection 7a71 and biennially thereafter through fiscal year #bjca1 the ,executive ,director1 in consultation with the ,secretary and ,administrator1 shall submit to the congressional committees of jurisdiction a report identifying the emerging safety trends in air transportation4 #acc4 ,,faa accountability enhancement 7a7 ,enhancement of the ,aviation ,safety ,whistleblower ,investigation ,office in the ,federal ,aviation ,administration 7#a7 ,renaming of the office 7,a7 ,in general ,section #ajf7t77#a7 of title #di1 ,united ,states ,code1 is amended by striking an ,aviation ,safety ,whistleblower ,investigation ,office and inserting the ,office of ,whistleblower ,protection and ,aviation ,safety ,investigations4 7,b7 ,conforming amendment ,the heading of subsection 7t7 of section #ajf of title #di1 ,united ,states ,code1 is amended by striking ,aviation ,safety ,whistleblower ,investigation ,office and inserting ,office of ,whistleblower ,protection and ,aviation ,safety ,investigations4 7#b7 ,duties 7,a7 ,in general ,section #ajf7t77#c77;,a7 of title #di1 ,united ,states ,code1 is amended-- 7i7 in clause 7i71 by striking 7if the certificate holder does not have a similar in-house whistleblower or safety and regulatory noncompliance reporting process7 and inserting 7if 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 system72 7ii7 in clause 7ii71 by striking and at the end2 7iii7 in clause 7iii71 by striking the period at the end and inserting a semicolon2 and 7iv7 by adding at the end the following3 7iv7 receive allegations of whistleblower retaliation by employees of the ,agency2 7v7 coordinate with and provide all necessary assistance to the ,office of ,investigations and ,professional ,responsibility1 the inspector general of the ,department of ,transportation1 and the ,office of ,special ,counsel on investigations relating to whistleblower retaliation by employees of the ,agency2 and 7vi7 investigate allegations of whistleblower retaliation by employees of the ,agency that have been delegated to the ,office by the ,office of ,investigations and ,professional ,responsibility1 the inspector general of the ,department of ,transportation1 or the ,office of ,special ,counsel4 4 7,b7 ,limitation ,section #ajf7t77#b7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7,e7 ,limitation of duties ,the ,director may only perform duties of the ,director described in paragraph 7#c77;,a74 4 7,c7 ,conforming amendments ,section #ajf7t77#g7 of title #di1 ,united ,states ,code1 is amended-- 7i7 in the matter preceding subparagraph 7,a71 by striking ,october #a and inserting ,november #ae2 and 7ii7 in subparagraph 7,a71 by striking paragraph 7#c77;,a77i7 in the preceding #ab-month period and inserting paragraph 7#c77;,a77i7 in the preceding fiscal year4 7#c7 ,report ,section #ajf7t77#g7 of title #di1 ,united ,states ,code1 as amended by paragraph 7#b77;,c71 is further amended-- 7,a7 in subparagraph 7,c7-- 7i7 by inserting the resolution of those submissions1 including any before further2 and 7ii7 by striking and after the semicolon2 7,b7 in subparagraph 7,d7 by striking recommendations4 and inserting recommendations2 and2 and 7,c7 by adding at the end the following3 7,e7 ,a summary of the activities of the ,whistleblower ,ombudsman1 including-- 7i7 the number of employee consultations conducted by the ,whistleblower ,ombudsman in the preceding #ab-month period and a summary of such consultations and their resolution 7in a de-identified or anonymized form72 and 7ii7 the number of reported incidents of retaliation during such period and1 if applicable1 a description of the disposition of such incidents during such period4 4 7b7 ,whistleblower ,ombudsman ,section #ajf7t7 of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 7#h7 ,whistleblower ombudsman 7,a7 ,in general ,within the ,office1 there shall be established the position of ,whistleblower ,ombudsman4 7,b7 ,ombudsman qualifications ,the individual selected as ,ombudsman shall have knowledge of ,federal labor law and demonstrated government experience in human resource management1 and conflict resolution4 7,c7 ,duties ,the ,ombudsman shall carry out the following duties3 7i7 ,educate ,administration employees about prohibitions against materially adverse acts of retaliation and any specific rights or remedies with respect to those retaliatory actions4 7ii7 ,serve as an independent confidential resource for ,administration employees to discuss any specific retaliation allegation and available rights or remedies based on the circumstances1 as appropriate4 7iii7 ,coordinate with ,human ,resource ,management1 the ,office of ,accountability and ,whistleblower ,protection1 the ,office of ,professional ,responsibility1 and the ,office of the ,chief ,counsel1 as necessary4 7iv7 ,coordinate with the ,office of the ,inspector ,general of the ,department of ,transportation's ,whistleblower ,protection ,coordinator and the ,office of the ,special ,counsel1 as necessary4 7v7 ,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 retaliation4 4 7c7 ,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 ,responsibility4 7d7 ,misconduct investigations 7#a7 ,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 7in this subsection referred to as the ,agency74 7#b7 ,preservation of collective bargaining agreements ,the investigative policy established under paragraph 7#a7 shall not apply to1 or in the future1 be extended by the ,administrator to apply to1 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 ,agency4 7#c7 ,requirements ,in revising the investigative policies1 the ,administrator shall ensure such policies require-- 7,a7 the utilization of investigative best practices to ensure independent and objective investigation and accurate recording and reporting of such investigation2 7,b7 the management of case files to ensure the integrity of the information contained in such case files2 7,c7 interviews be conducted in a manner that ensures1 to the greatest extent possible1 truthful answers and accurate records of such interviews2 7,d7 coordination with the ,office of the ,inspector ,general of the ,department of ,transportation1 the ,office of the ,special ,counsel1 and the ,attorney ,general1 as appropriate2 and 7,e7 the completion of investigations in a timely manner4 7#d7 ,definition ,for purposes of this subsection1 the term manager means an employee of the ,agency who is a supervisor or management official1 as defined in section #gajc7;a7 of title #e1 ,united ,states ,code4 #acd4 ,authorization of appropriations for the advanced materials center of excellence ,section #ddeah of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,authorization of appropriations ,out of amounts appropriated under section #dhajb7;a71 the ,administrator may expend not more than #aj1jjj1jjj for each of fiscal years #bjba through #bjbc to carry out this section4 ,amounts appropriated under the preceding sentence for each fiscal year shall remain available until expended4 4 #ace4 ,promoting ,aviation ,regulations for ,technical ,training 7a7 ,new regulations required 7#a7 ,interim final regulations ,not later than #ij days after the date of enactment of this section1 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 section4 7#b7 ,repeal of current regulations ,upon the effective date of the interim final regulations required under paragraph 7#a71 part #adg of title #ad1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this title7 and any regulations issued under section #fbd of the ,,faa ,reauthorization ,act of #bjah 7,public ,law #aae-bed7 shall have no force or effect on or after the effective date of such interim final regulations4 7b7 ,aviation maintenance technician school certification required ,no person may operate an aviation maintenance technician school without1 or in violation of1 an aviation maintenance technician school certificate and the operations specifications issued under the interim final regulations required under subsection 7a77#a71 the requirements of this section1 or in a manner that is inconsistent with information in the school's operations specifications under subsection 7c77#e74 7c7 ,certificate and operations specifications requirements 7#a7 ,application requirements 7,a7 ,in general ,an application for a certificate or rating to operate an aviation maintenance technician school shall include the following3 7i7 ,a description of the facilities1 including the physical address of the certificate holder's primary location for operation of the school1 any additional fixed locations where training will be provided1 and the equipment and materials to be used at each location4 7ii7 ,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 #fe of title #ad1 ,code of ,federal ,regulations 7or any successor regulation74 7iii7 ,a description of the manner in which the school will ensure it provides the necessary qualified instructors to meet the requirements of subsection 7d77#d74 7,b7 ,documented in the school's operations specifications ,upon issuance of the school's certificate or rating1 the information required under subparagraph 7,a7 shall be documented in the school's operations specifications4 7#b7 ,change applications 7,a7 ,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 change4 7,b7 ,approved changes ,any approved changes shall be documented in the school's operations specifications4 7#c7 ,duration ,an aviation maintenance technician school certificate or rating issued under the interim final regulations required under subsection 7a77#a7 shall be effective from the date of issue until the certificate or rating is surrendered1 suspended1 or revoked4 7#d7 ,certificate ratings ,an aviation maintenance technician school certificate issued under the interim final regulations required under subsection 7a77#a7 shall specify which of the following ratings are held by the aviation maintenance technician school3 7,a7 ,airframe4 7,b7 ,powerplant4 7,c7 ,airframe and ,powerplant4 7#e7 ,operations specifications ,a certificated aviation maintenance technician school shall operate in accordance with operations specifications that include the following3 7,a7 ,the certificate holder's name4 7,b7 ,the certificate holder's air agency certificate number4 7,c7 ,the name and contact information of the certificate holder's primary point of contact4 7,d7 ,the physical address of the certificate holder's primary location1 as provided under paragraph 7#a77;,a74 7,e7 ,the physical address of any additional location of the certificate holder1 as provided under subsection 7d77#b74 7,f7 ,the ratings held1 as provided under paragraph 7#d74 7,g7 ,any regulatory exemption granted to the school by the ,administrator4 7d7 ,operations requirements 7#a7 ,facilities1 equipment1 and material requirements ,each certificated aviation maintenance technician school shall provide and maintain the facilities1 equipment1 and materials that are appropriate to the #a or more ratings held by the school and the number of students taught4 7#b7 ,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 7a77#a7 and is listed in the certificate holder's operations specifications4 7#c7 ,training requirements ,each certificated aviation maintenance technician school shall-- 7,a7 establish1 maintain1 and utilize a curriculum designed to continually align with mechanic airman certification standards as appropriate for the ratings held2 7,b7 provide training of a quality that meets the requirements of subsection 7f77#a72 and 7,c7 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 #fe of title #ad1 ,code of ,federal ,regulations 7or any successor regulation74 7#d7 ,instructor requirements ,each certificated aviation maintenance technician school shall-- 7,a7 provide qualified instructors to teach in a manner that ensures positive educational outcomes are achieved2 7,b7 ensure instructors hold a mechanic certificate with #a or more appropriate ratings 7or1 with respect to instructors who are not certified mechanics1 ensure instructors are otherwise specifically qualified to teach their assigned content72 and 7,c7 ensure the student-to-instructor ratio does not exceed #be3a for any shop class4 7#e7 ,certificate of completion ,each certificated aviation maintenance technician school shall provide authenticated documentation to each graduating student1 indicating the student's date of graduation and curriculum completed1 as described in paragraph 7#c77;,a74 7e7 ,quality control system 7#a7 ,accreditation ,each aviation maintenance technician school shall-- 7,a7 be accredited as meeting the definition of an institution of higher education provided for in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja72 or 7,b7 establish and maintain a quality control system that meets the requirements specified in paragraph 7#b7 and is approved by the ,administrator4 7#b7 ,,faa-approved system requirements ,in the case of an aviation maintenance technician school that is not accredited as set forth in paragraph 7#a71 the ,administrator shall approve a quality control system that provides procedures for recordkeeping1 assessment1 issuing credit1 issuing of final course grades1 attendance1 ensuring sufficient number of instructors1 granting of graduation documentation1 and corrective action for addressing deficiencies4 7f7 ,additional requirements 7#a7 ,minimum passage rate ,a certificated aviation maintenance technician school shall maintain a pass rate of at least #gj percent of students who took a written1 oral1 or practical 7or any combination thereof7 ,,faa mechanic tests within #fj days of graduation for the most recent #c-year period 4 7#b7 ,,faa inspection ,a certificated aviation maintenance technician school shall allow the ,administrator such access as the ,administrator determines necessary to inspect the #a or more locations of the school for purposes of determining the school's compliance with the interim final regulations required under subsection 7a77#a71 the procedures and information outlined in the school's operations specifications according to subsection 7c77#e71 and the aviation maintenance technician school certificate issued for the school4 7#c7 ,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 public4 7#d7 ,early testing ,a certificated aviation maintenance technician school may issue authenticated documentation demonstrating a student's satisfactory progress1 completion of corresponding portions of the curriculum1 and preparedness to take the aviation mechanic written general knowledge test1 even if the student has not met the experience requirements of section #fe4gg of title #ad1 ,code of ,federal ,regulations 7or any successor regulation74 ,any such documentation shall specify the curriculum the student completed and the completion date4 #acf4 ,independent study on type certification reform 7a7 ,report and deadlines ,not later than #cj days after the date of enactment of this title1 the ,administrator shall enter into an agreement with an appropriate ,federally-funded research and development center to review1 develop1 and submit a report to the ,administrator in accordance with the requirements and elements set forth in this section4 7b7 ,elements ,the review and report under subsection 7a7 shall set forth analyses1 assessments1 and recommendations addressing the following elements for transport category airplanes3 7#a7 ,whether or not aviation safety would improve as the result of institution of a fixed time beyond which a type certificate may not be amended4 7#b7 ,requiring the ,administrator1 when issuing an amended or supplemental type certificate for a design that does not comply with the latest amendments to the applicable airworthiness standards1 to document any exception from the latest amendment to an applicable regulation1 issue an exemption in accordance with section #ddgja of title #ad1 ,united ,states ,code1 or make a finding of an equivalent level of safety in accordance with section #ba4ba7;a77#a7 of title #ad1 ,code of ,federal ,regulations4 7#c7 ,safety benefits and costs for certification of transport category airplanes resulting from the implementation of paragraphs 7#a7 and 7#b74 7#d7 ,effects on the development and introduction of advancements in new safety enhancing design and technologies1 and continued operation and operational safety support of products in service in the ,united ,states and worldwide1 resulting from the implementation of paragraphs 7#a7 and 7#b74 7c7 ,investigations and reports ,the review and report under subsection 7a7 shall take into consideration investigations1 reports1 and assessments regarding the ,boeing #gcg ,,max1 including but not limited to investigations1 reports1 and assessments by the ,joint ,authorities ,technical ,review1 the ,national ,transportation ,safety ,board1 the ,department of ,transportation ,office of the ,inspector ,general1 the ,department of ,transportation ,special ,committee1 the congressional committees of jurisdiction and other congressional committees1 and foreign authorities4 ,the review and report under subsection 7a7 also shall consider the impact of changes made by this title and the amendments made by this title4 7d7 ,report to congress ,not later than #bgj days after the report developed under subsection 7a7 is submitted to the ,administrator1 the ,administrator shall submit a report to the congressional committees of jurisdiction regarding the ,,faa's response to the findings and recommendations of the report1 what actions the ,,faa will take as a result of such findings and recommendations1 and the ,,faa rationale for not taking action on any specific recommendation #acg4 ,definitions ,in this title3 7#a7 ,administration2 ,,faa ,the terms ,administration and ,,faa mean the ,federal ,aviation ,administration4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,,faa4 7#c7 ,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 ,commerce1 ,science1 and ,transportation of the ,senate4 7#d7 ,,icao ,the term ,,icao means the ,international ,civil ,aviation ,organization4 7#e7 ,organization designation authorization ,the term organization designation authorization has the same meaning given such term in section #ddgcf7;c7 of title #di1 ,united ,states ,code4 7#f7 ,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 #cj or more or an all-cargo or combi derivative of such an airplane4 7#g7 ,type certificate ,the term type certificate-- 7,a7 means a type certificate issued pursuant to section #ddgjd7;a7 of title #di1 ,united ,states ,code1 or an amendment to such certificate2 and 7,b7 does not include a supplemental type certificate issued under section #ddgjd7;b7 of such section4 ,w ,intelligence ,authorization ,act for ,fiscal ,year #bjba #a4 ,short title2 table of contents 7a7 ,short title ,this division may be cited as the ,intelligence ,authorization ,act for ,fiscal ,year #bjba4 7b7 ,table of contents ,the table of contents for this division is as follows3 ,,division ,w--,intelligence ,authorization ,act for ,fiscal ,year #bjba ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,explanatory statement4 ,,title ,i--,intelligence activities ,sec4 #aja4 ,authorization of appropriations4 ,sec4 #ajb4 ,classified ,schedule of ,authorizations4 ,sec4 #ajc4 ,intelligence ,community ,management ,account4 ,,title ,,ii--,central ,intelligence ,agency retirement and disability system ,sec4 #bja4 ,authorization of appropriations4 ,,title ,,iii--,intelligence community matters ,subtitle ,a--,general intelligence community matters ,sec4 #cja4 ,restriction on conduct of intelligence activities4 ,sec4 #cjb4 ,increase in employee compensation and benefits authorized by law4 ,sec4 #cjc4 ,continuity of operations plans for certain elements of the intelligence community in the case of a national emergency4 ,sec4 #cjd4 ,application of ,executive ,schedule level ,,iii to position of ,director of ,national ,reconnaissance ,office4 ,sec4 #cje4 ,national ,intelligence ,university4 ,sec4 #cjf4 ,data collection on attrition in intelligence community4 ,sec4 #cjg4 ,limitation on delegation of responsibility for program management of information-sharing environment4 ,sec4 #cjh4 ,requirement to buy certain satellite component from ,american sources4 ,sec4 #cji4 ,limitation on construction of facilities to be used primarily by intelligence community4 ,sec4 #caj4 ,intelligence community student loan repayment programs4 ,subtitle ,b--,reports and assessments pertaining to the intelligence community ,sec4 #cba4 ,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 ,china4 ,sec4 #cbb4 ,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 community4 ,sec4 #cbc4 ,report on signals intelligence priorities and requirements4 ,sec4 #cbd4 ,assessment of demand for student loan repayment program benefit4 ,sec4 #cbe4 ,assessment of intelligence community demand for child care4 ,sec4 #cbf4 ,open source intelligence strategies and plans for the intelligence community4 ,,title ,,iv--,matters relating to elements of the intelligence community ,sec4 #dja4 ,establishment of ,office of the ,ombudsman for ,analytic ,objectivity4 ,sec4 #djb4 ,expansion of personnel management authority to attract experts in science and engineering4 ,sec4 #djc4 ,senior ,chief ,petty ,officer ,shannon ,kent ,award for distinguished female personnel of the ,national ,security ,agency4 ,sec4 #djd4 ,department of ,homeland ,security intelligence and cybersecurity diversity fellowship program4 ,sec4 #dje4 ,climate ,security ,advisory ,council4 ,,title ,v--,matters relating to emerging technologies ,sec4 #eja4 ,requirements and authorities for ,director of the ,central ,intelligence ,agency to improve education in science1 technology1 engineering1 arts1 and mathematics4 ,sec4 #ejb4 ,seedling investment in next-generation microelectronics in support of artificial intelligence4 ,,title ,,vi--,reports and other matters ,sec4 #fja4 ,report on attempts by foreign adversaries to build telecommunications and cybersecurity equipment and services for1 or to provide such equipment and services to1 certain allies of the ,united ,states4 ,sec4 #fjb4 ,report on threats posed by use by foreign governments and entities of commercially available cyber intrusion and surveillance technology4 ,sec4 #fjc4 ,reports on recommendations of the ,cyberspace ,solarium ,commission4 ,sec4 #fjd4 ,assessment of critical technology trends relating to artificial intelligence1 microchips1 and semiconductors and related supply chains4 ,sec4 #fje4 ,combating ,chinese influence operations in the ,united ,states and strengthening civil liberties protections4 ,sec4 #fjf4 ,annual report on corrupt activities of senior officials of the ,chinese ,communist ,party4 ,sec4 #fjg4 ,report on corrupt activities of ,russian and other ,eastern ,european oligarchs4 ,sec4 #fjh4 ,report on biosecurity risk and disinformation by the ,chinese ,communist ,party and the ,government of the ,people's ,republic of ,china4 ,sec4 #fji4 ,report on effect of lifting of ,united ,nations arms embargo on ,islamic ,republic of ,iran4 ,sec4 #faj4 ,report on ,iranian activities relating to nuclear nonproliferation4 ,sec4 #faa4 ,annual reports on security services of the ,people's ,republic of ,china in the ,hong ,kong ,special ,administrative ,region4 ,sec4 #fab4 ,research partnership on activities of ,people's ,republic of ,china4 ,sec4 #fac4 ,report on the pharmaceutical and personal protective equipment regulatory practices of the ,people's ,republic of ,china4 ,sec4 #fad4 ,national ,intelligence ,estimate on situation in ,afghanistan4 ,sec4 #fae4 ,assessment regarding tensions between ,armenia and ,azerbaijan4 ,sec4 #faf4 ,sense of ,congress on ,third ,option ,foundation4 ,sec4 #fag4 ,annual reports on worldwide threats4 ,sec4 #fah4 ,annual report on ,climate ,security ,advisory ,council4 ,sec4 #fai4 ,improvements to funding for ,national ,security ,education program4 ,sec4 #fbj4 ,report on best practices to protect privacy1 civil liberties1 and civil rights of ,chinese ,americans4 ,sec4 #fba4 ,national ,intelligence ,estimate on threat of global pandemic disease4 ,sec4 #fbb4 ,modification of requirement for briefings on national security effects of emerging infectious disease and pandemics4 ,sec4 #fbc4 ,independent study on open-source intelligence4 ,sec4 #fbd4 ,survey on ,open ,source ,enterprise4 ,sec4 #fbe4 ,sense of ,congress on report on murder of ,jamal ,khashoggi4 #b4 ,definitions ,in this division3 7#a7 ,congressional intelligence committees ,the term congressional intelligence committees means-- 7,a7 the ,select ,committee on ,intelligence and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,permanent ,select ,committee on ,intelligence and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,intelligence community ,the term intelligence community has the meaning given such term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 #c4 ,explanatory statement ,the explanatory statement regarding this division1 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 of the ,senate1 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 conference4 ,i ,intelligence activities #aja4 ,authorization of appropriations ,funds are hereby authorized to be appropriated for fiscal year #bjba for the conduct of the intelligence and intelligence-related activities of the following elements of the ,united ,states ,government3 7#a7 ,the ,office of the ,director of ,national ,intelligence4 7#b7 ,the ,central ,intelligence ,agency4 7#c7 ,the ,department of ,defense4 7#d7 ,the ,defense ,intelligence ,agency4 7#e7 ,the ,national ,security ,agency4 7#f7 ,the ,department of the ,army1 the ,department of the ,navy1 and the ,department of the ,air ,force4 7#g7 ,the ,coast ,guard4 7#h7 ,the ,department of ,state4 7#i7 ,the ,department of the ,treasury4 7#aj7 ,the ,department of ,energy4 7#aa7 ,the ,department of ,justice4 7#ab7 ,the ,federal ,bureau of ,investigation4 7#ac7 ,the ,drug ,enforcement ,administration4 7#ad7 ,the ,national ,reconnaissance ,office4 7#ae7 ,the ,national ,geospatial-,intelligence ,agency4 7#af7 ,the ,department of ,homeland ,security4 #ajb4 ,classified ,schedule of ,authorizations 7a7 ,specifications of amounts ,the amounts authorized to be appropriated under section #aja for the conduct of the intelligence activities of the elements listed in paragraphs 7#a7 through 7#af7 of section #aja1 are those specified in the classified ,schedule of ,authorizations prepared to accompany this division4 7b7 ,availability of classified ,schedule of ,authorizations 7#a7 ,availability ,the classified ,schedule of ,authorizations referred to in subsection 7a7 shall be made available to the ,committee on ,appropriations of the ,senate1 the ,committee on ,appropriations of the ,house of ,representatives1 and to the ,president4 7#b7 ,distribution by the ,president ,subject to paragraph 7#c71 the ,president shall provide for suitable distribution of the classified ,schedule of ,authorizations referred to in subsection 7a71 or of appropriate portions of such ,schedule1 within the executive branch of the ,federal ,government4 7#c7 ,limits on disclosure ,the ,president shall not publicly disclose the classified ,schedule of ,authorizations or any portion of such ,schedule except-- 7,a7 as provided in section #fja7;a7 of the ,implementing ,recommendations of the #i_/aa ,commission ,act of #bjjg 7#ej ,u4,s4,c4 #ccjf7;a772 7,b7 to the extent necessary to implement the budget2 or 7,c7 as otherwise required by law4 #ajc4 ,intelligence ,community ,management ,account 7a7 ,authorization of appropriations ,there is authorized to be appropriated for the ,intelligence ,community ,management ,account of the ,director of ,national ,intelligence for fiscal year #bjba the sum of #gei1jjj1jjj4 7b7 ,classified authorization of appropriations ,in addition to amounts authorized to be appropriated for the ,intelligence ,community ,management ,account by subsection 7a71 there are authorized to be appropriated for the ,intelligence ,community ,management ,account for fiscal year #bjba such additional amounts as are specified in the classified ,schedule of ,authorizations referred to in section #ajb7;a74 ,,ii ,central ,intelligence ,agency retirement and disability system #bja4 ,authorization of appropriations ,there is authorized to be appropriated for the ,central ,intelligence ,agency ,retirement and ,disability ,fund #ead1jjj1jjj for fiscal year #bjba4 ,,iii ,intelligence community matters ,a ,general intelligence community matters #cja4 ,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 ,states4 #cjb4 ,increase in employee compensation and benefits authorized by law ,appropriations authorized by this division for salary1 pay1 retirement1 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 law4 #cjc4 ,continuity of operations plans for certain elements of the intelligence community in the case of a national emergency 7a7 ,definition of covered national emergency ,in this section1 the term covered national emergency means the following3 7#a7 ,a major disaster declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj74 7#b7 ,an emergency declared by the ,president under section #eja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia74 7#c7 ,a national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq474 7#d7 ,a public health emergency declared under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d74 7b7 ,in general ,the ,director of ,national ,intelligence1 the ,director of the ,central ,intelligence ,agency1 the ,director of the ,national ,reconnaissance ,office1 the ,director of the ,defense ,intelligence ,agency1 the ,director of the ,national ,security ,agency1 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 concerned4 7c7 ,submission to ,congress 7#a7 ,director of ,national ,intelligence and ,director of the ,central ,intelligence ,agency ,not later than #g days after the date on which a covered national emergency is declared1 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 7b7 for that emergency for the element of the intelligence community concerned4 7#b7 ,director of ,national ,reconnaissance ,office1 ,director of ,defense ,intelligence ,agency1 ,director of ,national ,security ,agency1 and ,director of ,national ,geospatial-,intelligence ,agency ,not later than #g days after the date on which a covered national emergency is declared1 the ,director of the ,national ,reconnaissance ,office1 the ,director of the ,defense ,intelligence ,agency1 the ,director of the ,national ,security ,agency1 and the ,director of the ,national ,geospatial-,intelligence ,agency shall each submit the plan established under subsection 7b7 for that emergency for the element of the intelligence community concerned to the following3 7,a7 ,the congressional intelligence committees4 7,b7 ,the ,committee on ,armed ,services of the ,senate4 7,c7 ,the ,committee on ,armed ,services of the ,house of ,representatives4 7d7 ,updates ,during a covered national emergency1 the ,director of ,national ,intelligence1 the ,director of the ,central ,intelligence ,agency1 the ,director of the ,national ,reconnaissance ,office1 the ,director of the ,defense ,intelligence ,agency1 the ,director of the ,national ,security ,agency1 and the ,director of the ,national ,geospatial-,intelligence ,agency shall each submit any updates to the plans submitted under subsection 7c7-- 7#a7 in accordance with that subsection2 and 7#b7 in a timely manner consistent with section #eja of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia74 #cjd4 ,application of ,executive ,schedule level ,,iii to position of ,director of ,national ,reconnaissance ,office ,section #ecad of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,director of the ,national ,reconnaissance ,office4 4 #cje4 ,national ,intelligence ,university 7a7 ,in general ,title ,x of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #caia et seq47 is amended by adding at the end the following3 ,d ,national ,intelligence ,university #ajca4 ,transfer date ,in this subtitle1 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 #ecbd7;a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib74 #ajcb4 ,degree-granting authority 7a7 ,in general ,beginning on the transfer date1 under regulations prescribed by the ,director of ,national ,intelligence1 the ,president of the ,national ,intelligence ,university may1 upon the recommendation of the faculty of the ,university1 confer appropriate degrees upon graduates who meet the degree requirements4 7b7 ,limitation ,a degree may not be conferred under this section unless-- 7#a7 the ,secretary of ,education has recommended approval of the degree in accordance with the ,federal ,policy ,governing ,granting of ,academic ,degrees by ,federal ,agencies2 and 7#b7 the ,university is accredited by the appropriate academic accrediting agency or organization to award the degree1 as determined by the ,secretary of ,education4 7c7 ,congressional notification requirements 7#a7 ,actions on nonaccreditation ,beginning on the transfer date1 the ,director shall promptly-- 7,a7 notify the congressional intelligence committees of any action by the ,middle ,states ,commission on ,higher ,education1 or other appropriate academic accrediting agency or organization1 to not accredit the ,university to award any new or existing degree2 and 7,b7 submit to such committees a report containing an explanation of any such action4 7#b7 ,modification or redesignation of degree-granting authority ,beginning on the transfer date1 upon any modification or redesignation of existing degree-granting authority1 the ,director shall submit to the congressional intelligence committees a report containing-- 7,a7 the rationale for the proposed modification or redesignation2 and 7,b7 any subsequent recommendation of the ,secretary of ,education with respect to the proposed modification or redesignation4 #ajcc4 ,reporting 7a7 ,in general ,not less frequently than once each year1 the ,director of ,national ,intelligence shall submit to the congressional intelligence committees a plan for employing professors1 instructors1 and lecturers at the ,national ,intelligence ,university4 7b7 ,elements ,each plan submitted under subsection 7a7 shall include the following3 7#a7 ,the total number of proposed personnel to be employed at the ,national ,intelligence ,university4 7#b7 ,the total annual compensation to be provided the personnel described in paragraph 7#a74 7#c7 ,such other matters as the ,director considers appropriate4 7c7 ,form of submittal ,each plan submitted by the ,director to the congressional intelligence committees under subsection 7a7 shall be submitted as part of another annual submission from the ,director to the congressional intelligence committees4 #ajcd4 ,continued applicability of the ,federal ,advisory ,committee ,act to the ,board of ,visitors ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall continue to apply to the ,board of ,visitors of the ,national ,intelligence ,university on and after the transfer date4 4 7b7 ,plan regarding personnel at ,national ,intelligence ,university 7#a7 ,initial submission ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall submit to the congressional intelligence committees the first submission required by section #ajcc7;a7 of the ,national ,security ,act of #aidg1 as added by subsection 7a74 7#b7 ,certain requirement not applicable ,subsection 7c7 of section #ajcc of the ,national ,security ,act of #aidg1 as added by subsection 7a71 shall not apply to the submittal under paragraph 7#a7 of this subsection4 7c7 ,conforming amendments ,section #ecbd of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib7 is amended-- 7#a7 in subsection 7b77#a77;,c71 by striking subsection 7e77#b7 and inserting section #ajcb7;b7 of the ,national ,security ,act of #aidg2 7#b7 by striking subsections 7e7 and 7f72 and 7#c7 by redesignating subsections 7g7 and 7h7 as subsections 7e7 and 7f71 respectively4 7d7 ,clerical amendment ,the table of contents of the ,national ,security ,act of #aidg is amended by inserting after the item relating to section #ajbd the following3 ,subtitle ,d--,national ,intelligence ,university ,sec4 #ajca4 ,transfer date4 ,sec4 #ajcb4 ,degree-granting authority4 ,sec4 #ajcc4 ,reporting4 ,sec4 #ajcd4 ,continued applicability of the ,federal ,advisory ,committee ,act to the ,board of ,visitors4 4 #cjf4 ,data collection on attrition in intelligence community 7a7 ,standards for data collection 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall establish standards for collecting data relating to attrition in the intelligence community workforce across demographics1 specialities1 and length of service4 7#b7 ,inclusion of certain candidates ,the ,director shall include1 in the standards established under paragraph 7#a71 standards for collecting data from candidates who accepted conditional offers of employment but chose to withdraw from the hiring process before entering into service1 including data with respect to the reasons such candidates chose to withdraw4 7b7 ,collection of data ,not later than #abj days after the date of the enactment of this ,act1 each element of the intelligence community shall begin collecting data on workforce and candidate attrition in accordance with the standards established under subsection 7a74 7c7 ,annual report ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,director shall submit to the congressional intelligence committees a report on workforce and candidate attrition in the intelligence community that includes-- 7#a7 the findings of the ,director based on the data collected under subsection 7b72 7#b7 recommendations for addressing any issues identified in those findings2 and 7#c7 an assessment of timeliness in processing hiring applications of individuals previously employed by an element of the intelligence community1 consistent with the ,trusted ,workforce #b4j initiative sponsored by the ,security ,clearance1 ,suitability1 and ,credentialing ,performance ,accountability ,council4 #cjg4 ,limitation on delegation of responsibility for program management of information-sharing environment ,section #ajaf7;b7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#f ,u4,s4,c4 #dhe7;b771 as amended by section #fdjb7;a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib71 is further amended-- 7#a7 in paragraph 7#a71 in the matter before subparagraph 7,a71 by striking ,director of ,national ,intelligence and inserting ,president2 7#b7 in paragraph 7#b71 by striking ,director of ,national ,intelligence both places it appears and inserting ,president2 and 7#c7 by adding at the end the following3 7#c7 ,delegation 7,a7 ,in general ,subject to subparagraph 7,b71 the ,president may delegate responsibility for carrying out this subsection4 7,b7 ,limitation ,the ,president may not delegate responsibility for carrying out this subsection to the ,director of ,national ,intelligence4 4 #cjh4 ,requirement to buy certain satellite component from ,american sources 7a7 ,in general ,title ,,xi of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cbca et seq47 is amended by adding at the end the following new section3 #aaji4 ,requirement to buy certain satellite component from ,american sources 7a7 ,definitions ,in this section3 7#a7 ,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 ,defense4 7#b7 ,national security satellite ,the term national security satellite means a satellite weighing over #djj pounds whose principle purpose is to support the national security or intelligence needs of the ,united ,states ,government4 7#c7 ,united ,states ,the term ,united ,states means the several ,states1 the ,district of ,columbia1 and the territories and possessions of the ,united ,states4 7b7 ,requirement ,beginning ,january #a1 #bjba1 except as provided in subsection 7c71 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 ,states1 including with respect to both the software and the hardware of the star tracker4 7c7 ,exception ,the head of a covered element of the intelligence community may waive the requirement under subsection 7b7 if1 on a case-by-case basis1 the head certifies in writing to the congressional intelligence committees that-- 7#a7 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 used2 7#b7 the cost of a star tracker produced in the ,united ,states is unreasonable1 based on a market survey2 or 7#c7 such waiver is necessary for the national security interests of the ,united ,states based on an urgent and compelling need4 4 7b7 ,clerical amendment ,the table of contents in the first section of the ,national ,security ,act of #aidg is amended by inserting after the item relating to section #aajh the following new item3 ,sec4 #aaji4 ,requirement to buy certain satellite component from ,american sources4 4 #cji4 ,limitation on construction of facilities to be used primarily by intelligence community ,section #fjb7;a77#b7 of the ,intelligence ,authorization ,act for ,fiscal ,year #aiie 7#ej ,u4,s4,c4 #ccjd7;a77#b77 is amended-- 7#a7 by striking #a1jjj1jjj both places it appears and inserting #b1jjj1jjj2 and 7#b7 by striking the ,director of ,national ,intelligence shall submit a notification and inserting the head of such component1 in coordination with and subject to the approval of the ,director of ,national ,intelligence1 shall submit a notification4 #caj4 ,intelligence community student loan repayment programs 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 student loan repayment programs are a crucial tool in attracting and retaining talented individuals to the intelligence community1 particularly individuals from diverse backgrounds2 7#b7 generous student loan repayment programs help the intelligence community compete with the private sector for talented employees2 7#c7 departments and agencies containing elements of the intelligence community have authority to establish student loan repayment programs either under section #ecgi of title #e1 ,united ,states ,code1 or under the delegable authority of the ,director of ,national ,intelligence under section #ajb;,a7n77#a7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjbd7n77#a772 7#d7 although the ,director should use the authority under such section #ajb;,a7n77#a7 sparingly1 and should be exceedingly sparing in delegating such authority to an element of the intelligence community1 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 #ecgi of title #e1 ,united ,states ,code2 and 7#e7 student loan repayment programs established by an element of the intelligence community should provide flexibility to intelligence community employees1 including employees who pursue loan-financed education in the middle of their careers or after the day on which they first become intelligence community employees4 7b7 ,student loan repayment program standards ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence1 or a designee of the ,director who is an employee of the ,office of the ,director of ,national ,intelligence1 shall establish minimum standards for the repayment of student loans of employees of elements of the intelligence community by such elements of the intelligence community4 7c7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,director shall submit to the appropriate congressional committees a report on the standards established under subsection 7b74 ,such report shall include-- 7#a7 an explanation of why such minimum standards were established2 and 7#b7 how such standards advance the goals of-- 7,a7 attracting and retaining a talented intelligence community workforce2 7,b7 competing with private sector companies for talented employees2 and 7,c7 promoting the development of a diverse workforce4 7d7 ,failure ,to meet standards ,not later than #ahj days after the date on which the standards required under subsection 7b7 are established1 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 standards4 7e7 ,submittal of regulations and policies to ,congress ,not later than #ahj days after the date on which the standards required under subsection 7b7 are established1 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 information4 7f7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 7#b7 the ,select ,committee on ,intelligence of the ,senate2 7#c7 with respect to an element of the intelligence community within the ,department of ,defense1 the ,committees on ,armed ,services of the ,senate and ,house of ,representatives2 7#d7 with respect to an element of the intelligence community within the ,department of ,justice1 the ,committees on the ,judiciary of the ,senate and ,house of ,representatives2 7#e7 with respect to an element of the intelligence community within the ,department of ,homeland ,security1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives2 7#f7 with respect to an element of the intelligence community within the ,department of ,state1 the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7#g7 with respect to an element of the intelligence community within the ,department of ,energy1 the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7#h7 with respect to an element of the intelligence community within the ,department of the ,treasury1 the ,committee on ,finance of the ,senate and the ,committee on ,financial ,services of the ,house of ,representatives4 7g7 ,form of reports ,each of the reports required under subsections 7c7 and 7d7 shall be submitted in unclassified form1 but may contain a classified annex4 ,b ,reports and assessments pertaining to the intelligence community #cba4 ,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 7a7 ,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 ,china4 7b7 ,report required 7#a7 ,definition of ,united ,states direct-to-consumer genetic testing company ,in this subsection1 the term ,united ,states direct-to-consumer genetic testing company means a private entity that-- 7,a7 carries out direct-to-consumer genetic testing2 and 7,b7 is organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states4 7#b7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to ,congress1 including the congressional intelligence committees1 the ,committee on ,armed ,services of the ,senate1 and the ,committee on ,armed ,services of the ,house of ,representatives1 a report on the assessment required by subsection 7a74 7#c7 ,elements ,the report required by paragraph 7#b7 shall include the following3 7,a7 ,a description of key national security risks and vulnerabilities associated with direct-to-consumer genetic testing1 including-- 7i7 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 tests2 and 7ii7 how ubiquitous technical surveillance may amplify those risks4 7,b7 ,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 vulnerabilities1 or have plans for such mitigation1 including the extent to which the intelligence community has determined-- 7i7 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 interest2 and 7ii7 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 ,china4 7,c7 ,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 direct-to-consumer genetic testing by the ,government of the ,people's ,republic of ,china4 7#d7 ,form ,the report required by paragraph 7#b7 shall be submitted in unclassified form1 but may include a classified annex4 7c7 ,cooperation ,the heads of relevant elements of the intelligence community and components of the ,department shall-- 7#a7 fully cooperate with the ,comptroller ,general in conducting the assessment required by subsection 7a72 and 7#b7 provide any information and data required by the ,comptroller ,general to conduct the assessment1 consistent with ,intelligence ,community ,directive #aad or successor directive4 #cbb4 ,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 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 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 #ccbf of title #e1 ,united ,states ,code1 and subpart ,d of part #cae of title #e1 ,code of ,federal ,regulations1 or successor regulation1 to assure quality and diversity in the workforce of the intelligence community4 7b7 ,obstacles ,the report submitted under subsection 7a7 shall include identification of any obstacles encountered by the intelligence community in exercising the authorities described in such subsection4 #cbc4 ,report on signals intelligence priorities and requirements 7a7 ,report required ,not later than #cj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall submit to the congressional intelligence committees1 the majority and minority leaders of the ,senate1 and the ,speaker and minority leader of the ,house of ,representatives a report on signals intelligence priorities and requirements subject to ,presidential ,policy ,directive #bh4 7b7 ,elements ,the report required by subsection 7a7 shall cover the following3 7#a7 ,the implementation of the annual process for advising the ,director on signals intelligence priorities and requirements described in section #c of ,presidential ,policy ,directive #bh4 7#b7 ,the signals intelligence priorities and requirements as of the most recent annual process4 7#c7 ,the application of such priorities and requirements to the signals intelligence collection efforts of the intelligence community4 7c7 ,contents of classified annex referenced in section #c of ,presidential ,policy ,directive #bh ,not later than #cj days after the date of the enactment of this ,act1 in addition to the report submitted under subsection 7a71 the ,director shall submit to the chairmen and ranking minority members of the congressional intelligence committees1 the majority and minority leaders of the ,senate1 and the ,speaker and minority leader of the ,house of ,representatives the contents of the classified annex referenced in section #c of ,presidential ,policy ,directive #bh4 7d7 ,form ,the report submitted under subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 #cbd4 ,assessment of demand for student loan repayment program benefit 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the head of each element of the intelligence community shall-- 7#a7 calculate the number of personnel of that element who qualify for a student loan repayment program benefit2 7#b7 compare the number calculated under paragraph 7#a7 to the number of personnel who apply for such a benefit2 7#c7 provide recommendations for how to structure such a program to optimize participation and enhance the effectiveness of the benefit as a retention tool1 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 agreement2 and 7#d7 identify any shortfall in funds or authorities needed to provide such a benefit4 7b7 ,inclusion in fiscal year #bjbb 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 #bjbb 7as submitted with the budget of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code7 a report on the findings of the elements of the intelligence community under subsection 7a74 #cbe4 ,assessment of intelligence community demand for child care 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence1 in coordination with the heads of the elements of the intelligence community specified in subsection 7b71 shall submit to the congressional intelligence committees a report that includes-- 7#a7 a calculation of the total annual demand for child care by employees of such elements1 at or near the workplaces of such employees1 including a calculation of the demand for early morning and evening child care2 7#b7 an identification of any shortfall between the demand calculated under paragraph 7#a7 and the child care supported by such elements as of the date of the report2 7#c7 an assessment of options for addressing any such shortfall1 including options for providing child care at or near the workplaces of employees of such elements2 7#d7 an identification of the advantages1 disadvantages1 security requirements1 and costs associated with each such option2 7#e7 a plan to meet1 by the date that is #e years after the date of the report-- 7,a7 the demand calculated under paragraph 7#a72 or 7,b7 an alternative standard established by the ,director for child care available to employees of such elements2 and 7#f7 an assessment of needs of specific elements of the intelligence community1 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 workplace4 7b7 ,elements specified ,the elements of the intelligence community specified in this subsection are the following3 7#a7 ,the ,central ,intelligence ,agency4 7#b7 ,the ,national ,security ,agency4 7#c7 ,the ,defense ,intelligence ,agency4 7#d7 ,the ,national ,geospatial-,intelligence ,agency4 7#e7 ,the ,national ,reconnaissance ,office4 7#f7 ,the ,office of the ,director of ,national ,intelligence4 #cbf4 ,open source intelligence strategies and plans for the intelligence community 7a7 ,requirement for survey and evaluation of customer feedback ,not later than #ij days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence1 in coordination with the head of each element of the intelligence community1 shall-- 7#a7 conduct a survey of the open source intelligence requirements1 goals1 monetary and property investments1 and capabilities for each element of the intelligence community2 and 7#b7 evaluate the usability and utility of the ,open ,source ,enterprise by soliciting customer feedback and evaluating such feedback4 7b7 ,requirement for overall strategy and for intelligence community1 plan for improving usability of ,open ,source ,enterprise1 and risk analysis of creating open source center ,not later than #ahj days after the date of the enactment of this ,act1 the ,director1 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 7a71 shall-- 7#a7 develop a strategy for open source intelligence collection1 analysis1 and production that defines the overarching goals1 roles1 responsibilities1 and processes for such collection1 analysis1 and production for the intelligence community2 7#b7 develop a plan for improving usability and utility of the ,open ,source ,enterprise based on the customer feedback solicited under subsection 7a77#b72 and 7#c7 conduct a risk and benefit analysis of creating an open source center independent of any current intelligence community element4 7c7 ,requirement for plan for centralized data repository ,not later than #bgj 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 7a71 the strategy and plan developed under subsection 7b71 and the risk and benefit analysis conducted under such subsection1 the ,director shall develop a plan for a centralized data repository of open source intelligence that enables all elements of the intelligence community-- 7#a7 to use such repository for their specific requirements2 and 7#b7 to derive open source intelligence advantages4 7d7 ,requirement for cost-sharing model ,not later than #a 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 7a71 the strategy and plan developed under subsection 7b71 the risk and benefit analysis conducted under such subsection1 and the plan developed under subsection 7c71 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 community4 7e7 ,congressional briefing ,not later than #a year after the date of the enactment of this ,act1 the ,director of ,national ,intelligence1 the ,director of the ,central ,intelligence ,agency1 the ,director of the ,defense ,intelligence ,agency1 the ,director of the ,national ,geospatial-,intelligence ,agency1 and the ,director of the ,national ,security ,agency shall jointly brief the congressional intelligence committees on-- 7#a7 the strategy developed under paragraph 7#a7 of subsection 7b72 7#b7 the plan developed under paragraph 7#b7 of such subsection2 7#c7 the plan developed under subsection 7c72 and 7#d7 the cost-sharing model developed under subsection 7d74 ,,iv ,matters relating to elements of the intelligence community #dja4 ,establishment of ,office of the ,ombudsman for ,analytic ,objectivity 7a7 ,office of the ,ombudsman for ,analytic ,objectivity ,the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceja et seq47 is amended by adding at the end the following3 #bd4 ,office of the ,ombudsman for ,analytic ,objectivity 7a7 ,establishment 7#a7 ,in general ,there is established in the ,agency an ,office of the ,ombudsman for ,analytic ,objectivity 7in this section referred to as the ,office74 7#b7 ,appointment of ,ombudsman ,the ,office shall be headed by an ,ombudsman1 who shall be appointed by the ,director from among current or former senior staff officers of the ,agency4 7b7 ,duties and responsibilities ,the ,ombudsman shall-- 7#a7 on an annual basis1 conduct a survey of analytic objectivity among officers and employees of the ,agency2 7#b7 implement a procedure by which any officer or employee of the ,agency may submit to the ,office a complaint alleging politicization1 bias1 lack of objectivity1 or other issues relating to a failure of tradecraft in analysis conducted by the ,agency2 7#c7 except as provided in paragraph 7#d71 upon receiving a complaint submitted pursuant to paragraph 7#b71 take reasonable action to investigate the complaint1 make a determination as to whether the incident described in the complaint involved politicization1 bias1 or lack of objectivity1 and prepare a report that-- 7,a7 summarizes the facts relevant to the complaint2 7,b7 documents the determination of the ,ombudsman with respect to the complaint2 and 7,c7 contains a recommendation for remedial action2 7#d7 if a complaint submitted pursuant to paragraph 7#b7 alleges politicization1 bias1 or lack of objectivity in the collection of intelligence information1 refer the complaint to the official responsible for supervising collection operations of the ,agency2 and 7#e7 continuously monitor changes in areas of analysis that the ,ombudsman determines involve a heightened risk of politicization1 bias1 or lack of objectivity1 to ensure that any change in the analytic line arises from proper application of analytic tradecraft and not as a result of politicization1 bias1 or lack of objectivity4 7c7 ,reports 7#a7 ,on an annual basis1 the ,ombudsman shall submit to the intelligence committees a report on the results of the survey conducted pursuant to subsection 7b77#a7 with respect to the most recent fiscal year4 7#b7 ,on an annual basis1 the ,ombudsman shall submit to the intelligence committees a report that includes-- 7,a7 the number of complaints of submitted pursuant to subsection 7b77#b7 during the most recent fiscal year2 and 7,b7 a description of the nature of such complaints1 the actions taken by the ,office or any other relevant element or component of the ,agency with respect to such complaints1 and the resolution of such complaints4 7#c7 ,on a quarterly basis1 the ,ombudsman shall submit to the intelligence committees a report that includes-- 7,a7 a list of the areas of analysis monitored during the most recent calendar quarter pursuant to subsection 7b77#e72 and 7,b7 a brief description of the methods by which the ,office has conducted such monitoring4 7d7 ,intelligence committees defined ,in this section1 the term intelligence committees means the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives and the ,select ,committee on ,intelligence of the ,senate4 4 7b7 ,reference ,any reference in any law1 regulation1 map1 document1 paper1 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 #bd7;a7 of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceja et seq471 as added by subsection 7a74 7c7 ,report on surveys for fiscal years #bjah and #bjai ,not later than #aj days after the date of the enactment of this ,act1 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 #bjah and #bjai4 #djb4 ,expansion of personnel management authority to attract experts in science and engineering ,section #aeii;h of title #aj1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by adding at the end the following new paragraph3 7#g7 ,,nga ,the ,director of the ,national ,geospatial-,intelligence ,agency may carry out a program of personnel management authority provided in subsection 7b7 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 ,agency4 2 7#b7 in subsection 7b77#a7-- 7,a7 in subparagraph 7,e71 by striking 2 and2 7,b7 in subparagraph 7,f71 by striking the semicolon and inserting 2 and2 and 7,c7 by adding at the end the following new subparagraph3 7,g7 in the case of the ,national ,geospatial-,intelligence ,agency1 appoint individuals to a total of not more than #g positions in the ,agency1 of which not more than #b such positions may be positions of administration or management in the ,agency2 2 and 7#c7 in subsection 7c77#b71 by striking or the ,joint ,artificial ,intelligence ,center and inserting the ,joint ,artificial ,intelligence ,center1 or the ,national ,geospatial-,intelligence ,agency4 #djc4 ,senior ,chief ,petty ,officer ,shannon ,kent ,award for distinguished female personnel of the ,national ,security ,agency ,the ,national ,security ,agency ,act of #aiei 7#ej ,u4,s4,c4 #cfja et seq47 is amended by adding at the end the following new section3 #ba4 ,senior ,chief ,petty ,officer ,shannon ,kent ,award for distinguished female personnel 7a7 ,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 ,agency4 ,the award shall be known as the ,senior ,chief ,petty ,officer ,shannon ,kent ,award and shall consist of a design determined appropriate by the ,director4 7b7 ,award ,the ,director shall award the ,senior ,chief ,petty ,officer ,shannon ,kent ,award to female civilian employees1 members of the ,armed ,forces1 or former civilian employees or members1 whom the ,director determines meet the criteria under subsection 7a74 4 #djd4 ,department of ,homeland ,security intelligence and cybersecurity diversity fellowship program 7a7 ,program ,subtitle ,d of title ,,xiii of the ,homeland ,security ,act of #bjjb 7#e ,u4,s4,c4 #ccja note et seq47 is amended by adding at the end the following new section3 #accc4 ,intelligence and cybersecurity diversity fellowship program 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs and the ,select ,committee on ,intelligence of the ,senate2 and 7,b7 the ,committee on ,homeland ,security and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#b7 ,excepted service ,the term excepted service has the meaning given that term in section #bajc of title #e1 ,united ,states ,code4 7#c7 ,historically ,black college or university ,the term historically ,black college or university has the meaning given the term part ,b institution in section #cbb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfa74 7#d7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#e7 ,minority-serving institution ,the term minority-serving institution means an institution of higher education described in section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a774 7b7 ,program ,the ,secretary shall carry out an intelligence and cybersecurity diversity fellowship program 7in this section referred to as the ,program7 under which an eligible individual may-- 7#a7 participate in a paid internship at the ,department that relates to intelligence1 cybersecurity1 or some combination thereof2 7#b7 receive tuition assistance from the ,secretary2 and 7#c7 upon graduation from an institution of higher education and successful completion of the ,program 7as defined by the ,secretary71 receive an offer of employment to work in an intelligence or cybersecurity position of the ,department that is in the excepted service4 7c7 ,eligibility ,to be eligible to participate in the ,program1 an individual shall-- 7#a7 be a citizen of the ,united ,states2 and 7#b7 as of the date of submitting the application to participate in the ,program-- 7,a7 have a cumulative grade point average of at least #c4b on a #d4j scale2 7,b7 be a socially disadvantaged individual 7as that term in defined in section #abd4ajc of title #ac1 ,code of ,federal ,regulations1 or successor regulation72 and 7,c7 be a sophomore1 junior1 or senior at an institution of higher education4 7d7 ,direct hire authority ,if an individual who receives an offer of employment under subsection 7b77#c7 accepts such offer1 the ,secretary shall appoint1 without regard to provisions of subchapter ,i of chapter #cc of title #e1 ,united ,states ,code1 7except for section #ccbh of such title7 such individual to the position specified in such offer4 7e7 ,reports 7#a7 ,reports ,not later than #a year after the date of the enactment of this section1 and on an annual basis thereafter1 the ,secretary shall submit to the appropriate committees of ,congress a report on the ,program4 7#b7 ,matters ,each report under paragraph 7#a7 shall include1 with respect to the most recent year1 the following3 7,a7 ,a description of outreach efforts by the ,secretary to raise awareness of the ,program among institutions of higher education in which eligible individuals are enrolled4 7,b7 ,information on specific recruiting efforts conducted by the ,secretary to increase participation in the ,program4 7,c7 ,the number of individuals participating in the ,program1 listed by the institution of higher education in which the individual is enrolled at the time of participation1 and information on the nature of such participation1 including on whether the duties of the individual under the ,program relate primarily to intelligence or to cybersecurity4 7,d7 ,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 appointed4 4 7b7 ,clerical amendment ,the table of contents for such ,act is amended by inserting after the item relating to section #accb the following new item3 ,sec4 #accc4 ,intelligence and cybersecurity diversity fellowship program4 4 #dje4 ,climate ,security ,advisory ,council 7a7 ,study on advisory council model for strategic or transnational threats 7#a7 ,study required ,the ,director of ,national ,intelligence1 in coordination with the heads of other elements of the intelligence community determined appropriate by the ,director1 shall conduct a study on the effectiveness of the ,climate ,security ,advisory ,council as a potential model for future advisory councils that-- 7,a7 focus on optimizing the collection and analysis of intelligence relating to strategic or transnational threats to the national security of the ,united ,states 7including threats posed by disease outbreaks1 pandemics1 or other global health threats72 and 7,b7 are composed of elements of the intelligence community and relevant elements of the ,federal ,government that are not elements of the intelligence community4 7#b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,director shall submit to the congressional intelligence committees a report containing the findings of the study under paragraph 7#a74 7b7 ,technical correction ,section #abj7;c77#d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjfj7;c77#d77 is amended by striking security indicators and inserting intelligence indications4 ,v ,matters relating to emerging technologies #eja4 ,requirements and authorities for ,director of the ,central ,intelligence ,agency to improve education in science1 technology1 engineering1 arts1 and mathematics ,the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceja et seq471 as amended by section #dja1 is further amended by adding at the end the following3 #be4 ,improvement of education in science1 technology1 engineering1 arts1 and mathematics 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity includes a department or agency of the ,federal ,government1 a ,state1 a political subdivision of a ,state1 an individual1 and a not-for-profit or other organization in the private sector4 7#b7 ,educational institution ,the term educational institution includes any public or private elementary school or secondary school1 institution of higher education1 college1 university1 or any other profit or nonprofit institution that is dedicated to improving science1 technology1 engineering1 the arts1 mathematics1 business1 law1 medicine1 or other fields that promote development and education relating to science1 technology1 engineering1 the arts1 or mathematics4 7#c7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,commonwealth of the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states4 7b7 ,requirements ,the ,director shall1 on a continuing basis-- 7#a7 identify actions that the ,director may take to improve education in the scientific1 technology1 engineering1 arts1 and mathematics 7known as ,,steam7 skills necessary to meet the long-term national security needs of the ,united ,states for personnel proficient in such skills2 and 7#b7 establish and conduct programs to carry out such actions4 7c7 ,authorities 7#a7 ,in general ,the ,director1 in support of educational programs in science1 technology1 engineering1 the arts1 and mathematics1 may-- 7,a7 award grants to eligible entities2 7,b7 provide cash awards and other items to eligible entities2 7,c7 accept voluntary services from eligible entities2 7,d7 support national competition judging1 other educational event activities1 and associated award ceremonies in connection with such educational programs2 and 7,e7 enter into one or more education partnership agreements with educational institutions in the ,united ,states for the purpose of encouraging and enhancing study in science1 technology1 engineering1 the arts1 and mathematics disciplines at all levels of education4 7#b7 ,education partnership agreements 7,a7 ,nature of assistance provided ,under an education partnership agreement entered into with an educational institution under paragraph 7#a77;,e71 the ,director may provide assistance to the educational institution by-- 7i7 loaning equipment to the educational institution for any purpose and duration in support of such agreement that the ,director considers appropriate2 7ii7 making personnel available to teach science courses or to assist in the development of science courses and materials for the educational institution2 7iii7 providing sabbatical opportunities for faculty and internship opportunities for students2 7iv7 involving faculty and students of the educational institution in ,agency projects1 including research and technology transfer or transition projects2 7v7 cooperating with the educational institution in developing a program under which students may be given academic credit for work on ,agency projects1 including research and technology transfer for transition projects2 and 7vi7 providing academic and career advice and assistance to students of the educational institution4 7,b7 ,priorities ,in entering into education partnership agreements under paragraph 7#a77;,e71 the ,director shall prioritize entering into education partnership agreements with the following3 7i7 ,historically ,black colleges and universities and other minority-serving institutions1 as described in section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a774 7ii7 ,educational institutions serving women1 members of minority groups1 and other groups of individuals who traditionally are involved in the science1 technology1 engineering1 arts1 and mathematics professions in disproportionately low numbers4 7d7 ,designation of advisor ,the ,director shall designate one or more individuals within the ,agency to advise and assist the ,director regarding matters relating to science1 technology1 engineering1 the arts1 and mathematics education and training4 4 #ejb4 ,seedling investment in next-generation microelectronics in support of artificial intelligence 7a7 ,findings ,congress finds that-- 7#a7 developing faster1 more energy efficient1 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 intelligence2 and 7#b7 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 security4 7b7 ,awards for research and development ,the ,director of ,national ,intelligence1 acting through the ,director of the ,intelligence ,advanced ,research ,projects ,activity1 shall award contracts or grants1 or enter into transactions other than contracts1 to encourage microelectronics research4 7c7 ,use of funds ,the ,director shall award contracts or grants to1 or enter into transactions other than contracts with1 entities under subsection 7b7 to carry out any of the following3 7#a7 ,advanced engineering and applied research into novel computing models1 materials1 devices1 architectures1 or algorithms to enable the advancement of artificial intelligence and machine learning4 7#b7 ,research efforts to-- 7,a7 overcome challenges with engineering and applied research of microelectronics1 including with respect to the physical limits on transistors1 electrical interconnects1 and memory elements2 or 7,b7 promote long-term advancements in computing technologies1 including by fostering a unified and multidisciplinary approach encompassing research and development into algorithm design1 computing architectures1 microelectronic devices and circuits1 and the chemistry and physics of new materials4 7#c7 ,any other activity the ,director determines would promote the development of microelectronics research4 7d7 ,award amounts ,in awarding contracts or grants1 or entering into transactions other than contracts1 under subsection 7b71 the ,director may award not more than a total of #ae1jjj1jjj4 ,,vi ,reports and other matters #fja4 ,report on attempts by foreign adversaries to build telecommunications and cybersecurity equipment and services for1 or to provide such equipment and services to1 certain allies of the ,united ,states 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,armed ,services and the ,select ,committee on ,intelligence of the ,senate2 and 7,b7 the ,committee on ,armed ,services and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#b7 ,five ,eyes country ,the term ,five ,eyes country means any of the following3 7,a7 ,australia4 7,b7 ,canada4 7,c7 ,new ,zealand4 7,d7 ,the ,united ,kingdom4 7,e7 ,the ,united ,states4 7b7 ,report required ,not later than #ij days after the date of the enactment of this ,act1 the ,director of the ,central ,intelligence ,agency1 the ,director of the ,national ,security ,agency1 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 for1 or to provide such equipment and services to1 ,five ,eyes countries4 7c7 ,elements ,the report submitted under subsection 7b7 shall include the following3 7#a7 ,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 ,states1 including ,china and ,russia4 7#b7 ,a description and assessment of mitigation of any potential compromises or risks for any circumstance described in paragraph 7#a74 7d7 ,form ,the report required by subsection 7b7 shall include an unclassified executive summary1 and may include a classified annex4 #fjb4 ,report on threats posed by use by foreign governments and entities of commercially available cyber intrusion and surveillance technology 7a7 ,report required ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall submit to the congressional intelligence committees1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on ,homeland ,security of the ,house of ,representatives a report on the threats posed by the use by foreign governments and entities of commercially available cyber intrusion and other surveillance technology4 7b7 ,contents ,the report required by subsection 7a7 shall include the following3 7#a7 ,matters relating to threats described in subsection 7a7 as they pertain to the following3 7,a7 ,the threat posed to ,united ,states persons and persons inside the ,united ,states4 7,b7 ,the threat posed to ,united ,states personnel overseas4 7,c7 ,the threat posed to employees of the ,federal ,government1 including through both official and personal accounts and devices4 7#b7 ,a description of which foreign governments and entities pose the greatest threats from the use of technology described in subsection 7a7 and the nature of those threats4 7#c7 ,an assessment of the source of the commercially available cyber intrusion and other surveillance technology that poses the threats described in subsection 7a71 including whether such technology is made by ,united ,states companies or companies in the ,united ,states or by foreign companies4 7#d7 ,an assessment of actions taken1 as of the date of the enactment of this ,act1 by the ,federal ,government and foreign governments to limit the export of technology described in subsection 7a7 from the ,united ,states or foreign countries to foreign governments and entities in ways that pose the threats described in such subsection4 7#e7 ,matters relating to how the ,federal ,government1 ,congress1 and foreign governments can most effectively mitigate the threats described in subsection 7a71 including matters relating to the following3 7,a7 ,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 software4 7,b7 ,export controls4 7,c7 ,diplomatic pressure4 7,d7 ,trade agreements4 7c7 ,form ,the report submitted under subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 #fjc4 ,reports on recommendations of the ,cyberspace ,solarium ,commission 7a7 ,appropriate committees of ,congress ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,armed ,services1 the ,select ,committee on ,intelligence1 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7#b7 the ,committee on ,armed ,services1 the ,permanent ,select ,committee on ,intelligence1 the ,committee on ,homeland ,security1 the ,committee on ,science1 ,space1 and ,technology1 and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7b7 ,reports required ,not later than #ahj days after the date of the enactment of this ,act1 each head of an agency described in subsection 7c7 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 #afeb7k7 of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7,public ,law #aae-bcb74 7c7 ,agencies described ,the agencies described in this subsection are the following3 7#a7 ,the ,office of the ,director of ,national ,intelligence4 7#b7 ,the ,department of ,homeland ,security4 7#c7 ,the ,department of ,energy4 7#d7 ,the ,department of ,commerce4 7#e7 ,the ,department of ,defense4 7d7 ,contents ,each report submitted under subsection 7b7 by the head of an agency described in subsection 7c7 shall include the following3 7#a7 ,an evaluation of the recommendations in the report described in subsection 7b7 that the agency identifies as pertaining directly to the agency4 7#b7 ,a description of the actions taken1 or the actions that the head of the agency may consider taking1 to implement any of the recommendations 7including a comprehensive estimate of requirements for appropriations to take such actions74 #fjd4 ,assessment of critical technology trends relating to artificial intelligence1 microchips1 and semiconductors and related supply chains 7a7 ,assessment required ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall complete a detailed assessment of critical technology trends relating to artificial intelligence1 microchips1 and semiconductors and related supply chains4 7b7 ,elements ,the assessment required by subsection 7a7 shall include the following3 7#a7 ,export controls 7,a7 ,in general ,an assessment of efforts by partner countries to enact and implement export controls and other technology transfer measures with respect to artificial intelligence1 microchips1 advanced manufacturing equipment1 and other artificial intelligence enabled technologies critical to ,united ,states supply chains4 7,b7 ,identification of opportunities for cooperation ,the assessment under subparagraph 7,a7 shall identify opportunities for further cooperation with international partners on a multilateral and bilateral basis to strengthen export control regimes and address technology transfer threats4 7#b7 ,semiconductor supply chains 7,a7 ,in general ,an assessment of global semiconductor supply chains1 including areas to reduce ,united ,states vulnerabilities and maximize points of leverage4 7,b7 ,analysis of potential effects ,the assessment under subparagraph 7,a7 shall include an analysis of the potential effects of significant geopolitical shifts1 including those related to ,taiwan4 7,c7 ,identification of opportunities for diversification ,the assessment under subparagraph 7,a7 shall also identify opportunities for diversification of ,united ,states supply chains1 including an assessment of cost1 challenges1 and opportunities to diversify manufacturing capabilities on a multinational basis4 7#c7 ,computing power ,an assessment of trends relating to computing power and the effect of such trends on global artificial intelligence development and implementation1 in consultation with the ,director of the ,intelligence ,advanced ,research ,projects ,activity1 the ,director of the ,defense ,advanced ,research ,projects ,agency1 and the ,director of the ,national ,institute of ,standards and ,technology1 including forward-looking assessments of how computing resources may affect ,united ,states national security1 innovation1 and implementation relating to artificial intelligence4 7c7 ,report 7#a7 ,definition of appropriate committees of ,congress ,in this subsection1 the term appropriate committees of ,congress means-- 7,a7 the ,select ,committee on ,intelligence1 the ,committee on ,armed ,services1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,foreign ,relations1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,permanent ,select ,committee on ,intelligence1 the ,committee on ,armed ,services1 the ,committee on ,financial ,services1 the ,committee on ,foreign ,affairs1 and the ,committee on ,homeland ,security of the ,house of ,representatives4 7#b7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 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 7a74 7#c7 ,form ,the report submitted under paragraph 7#b7 shall be submitted in unclassified form1 but may include a classified annex4 #fje4 ,combating ,chinese influence operations in the ,united ,states and strengthening civil liberties protections 7a7 ,updates to annual reports on influence operations and campaigns in the ,united ,states by the ,chinese ,communist ,party ,section #aajg7;b7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cbcg7;b77 is amended-- 7#a7 by redesignating paragraph 7#h7 as paragraph 7#i72 and 7#b7 by inserting after paragraph 7#g7 the following3 7#h7 ,an identification of influence activities and operations employed by the ,chinese ,communist ,party against the ,united ,states science and technology sectors1 specifically employees of the ,united ,states ,government1 researchers1 scientists1 and students in the science and technology sector in the ,united ,states4 4 7b7 ,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 7#a7 ,plan required ,not later than #ij days after the date of the enactment of this ,act1 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 ,china4 7#b7 ,consultation ,in carrying out paragraph 7#a71 the ,director shall consult with the following3 7,a7 ,the ,director of the ,office of ,science and ,technology ,policy4 7,b7 ,such other stakeholders outside the intelligence community1 including professional associations1 institutions of higher education1 businesses1 and civil rights and multicultural organizations1 as the ,director determines relevant4 7c7 ,recommendations of the ,federal ,bureau of ,investigation to strengthen relationships and build trust with communities of interest 7#a7 ,in general ,the ,director of the ,federal ,bureau of ,investigation1 in consultation with the ,assistant ,attorney ,general for the ,civil ,rights ,division and the ,chief ,privacy and ,civil ,liberties ,officer of the ,department of ,justice1 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 outreach4 7#b7 ,submittal to ,congress ,not later than #a year after the date of the enactment of this ,act1 the ,director shall submit to ,congress the recommendations developed under paragraph 7#a74 7d7 ,technical corrections ,the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjja et seq47 is amended-- 7#a7 in section #aajg 7#ej ,u4,s4,c4 #cbcg7-- 7,a7 in the section heading1 by striking ,communist ,party of ,china and inserting ,chinese ,communist ,party2 and 7,b7 by striking ,communist ,party of ,china both places it appears and inserting ,chinese ,communist ,party2 and 7#b7 in the table of contents before section #b 7#ej ,u4,s4,c4 #cjjb71 by striking the item relating to section #aajg and inserting the following new item3 ,sec4 #aajg4 ,annual reports on influence operations and campaigns in the ,united ,states by the ,chinese ,communist ,party4 4 #fjf4 ,annual report on corrupt activities of senior officials of the ,chinese ,communist ,party 7a7 ,definition of appropriate committees of ,congress ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,finance1 the ,committee on ,foreign ,relations1 and the ,select ,committee on ,intelligence of the ,senate2 and 7#b7 the ,committee on ,financial ,services1 the ,committee on ,foreign ,affairs1 the ,committee on ,ways and ,means1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7b7 ,annual report required 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 and annually thereafter through #bjbe1 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 ,party4 7#b7 ,elements 7,a7 ,in general ,each report under paragraph 7#a7 shall include the following3 7i7 ,a description of the wealth of1 and corruption and corrupt activities among1 senior officials of the ,chinese ,communist ,party4 7ii7 ,a description of any recent actions of the officials described in clause 7i7 that could be considered a violation1 or potential violation1 of ,united ,states law4 7iii7 ,a description and assessment of targeted financial measures1 including potential targets for designation of the officials described in clause 7i7 for the corruption and corrupt activities described in that clause and for the actions described in clause 7ii74 7,b7 ,scope of reports ,the first report under paragraph 7#a7 shall include comprehensive information on the matters described in subparagraph 7,a74 ,any succeeding report under paragraph 7#a7 may consist of an update or supplement to the preceding report under that subsection4 7#c7 ,coordination ,in preparing each report1 update1 or supplement under this subsection1 the ,director of the ,central ,intelligence ,agency shall coordinate as follows3 7,a7 ,in preparing the description required by clause 7i7 of paragraph 7#b77;,a71 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 ,investigation4 7,b7 ,in preparing the descriptions required by clauses 7ii7 and 7iii7 of such paragraph1 the ,director of the ,central ,intelligence ,agency shall coordinate with the head of the ,office of ,intelligence and ,analysis of the ,department of the ,treasury4 7#d7 ,form ,each report under paragraph 7#a7 shall include an unclassified executive summary1 and may include a classified annex4 7c7 ,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 ,party1 including ,president ,xi ,jinping4 #fjg4 ,report on corrupt activities of ,russian and other ,eastern ,european oligarchs 7a7 ,definition of appropriate committees of ,congress ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,finance1 the ,committee on ,foreign ,relations1 and the ,select ,committee on ,intelligence of the ,senate2 and 7#b7 the ,committee on ,financial ,services1 the ,committee on ,foreign ,affairs1 the ,committee on ,ways and ,means1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7b7 ,report required ,not later than #ajj days after the date of the enactment of this ,act1 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 oligarchs4 7c7 ,elements 7#a7 ,in general ,each report under subsection 7b7 shall include the following3 7,a7 ,a description of corruption and corrupt activities among ,russian and other ,eastern ,european oligarchs who support the ,government of the ,russian ,federation1 including estimates of the total assets of such oligarchs4 7,b7 ,an assessment of the impact of the corruption and corrupt activities described pursuant to subparagraph 7,a7 on the economy and citizens of ,russia4 7,c7 ,a description of any connections to1 or support of1 organized crime1 drug smuggling1 or human trafficking by an oligarch covered by subparagraph 7,a74 7,d7 ,a description of any information that reveals corruption and corrupt activities in ,russia among oligarchs covered by subparagraph 7,a74 7,e7 ,a description and assessment of potential sanctions actions that could be imposed upon oligarchs covered by subparagraph 7,a7 who support the leadership of the ,government of ,russia1 including ,president ,vladimir ,putin4 7#b7 ,scope of reports ,the first report under subsection 7a7 shall include comprehensive information on the matters described in paragraph 7#a74 ,any succeeding report under subsection 7a7 may consist of an update or supplement to the preceding report under that subsection4 7d7 ,coordination ,in preparing each report1 update1 or supplement under this section1 the ,director of the ,central ,intelligence ,agency shall coordinate as follows3 7#a7 ,in preparing the assessment and descriptions required by subparagraphs 7,a7 through 7,d7 of subsection 7c77#a71 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 ,investigation4 7#b7 ,in preparing the description and assessment required by subparagraph 7,e7 of such subsection1 the ,director of the ,central ,intelligence ,agency shall coordinate with the head of the ,office of ,intelligence and ,analysis of the ,department of the ,treasury4 7e7 ,form 7#a7 ,in general ,subject to paragraph 7#b71 each report under subsection 7b7 shall include an unclassified executive summary1 and may include a classified annex4 7#b7 ,unclassified form of certain information ,the information described in subsection 7c77#a77;,d7 in each report under subsection 7b7 shall be submitted in unclassified form4 #fjh4 ,report on biosecurity risk and disinformation by the ,chinese ,communist ,party and the ,government of the ,people's ,republic of ,china 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,select ,committee on ,intelligence1 the ,committee on ,armed ,services1 the ,committee on ,foreign ,relations1 the ,committee on ,health1 ,education1 ,labor1 and ,pensions1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,permanent ,select ,committee on ,intelligence1 the ,committee on ,armed ,services1 the ,committee on ,energy and ,commerce1 the ,committee on ,foreign ,affairs1 and the ,committee on ,homeland ,security of the ,house of ,representatives4 7#b7 ,critical infrastructure ,the term critical infrastructure has the meaning given such term in section #ajaf7;e7 of the ,uniting and ,strengthening ,america by ,providing ,appropriate ,tools ,required to ,intercept and ,obstruct ,terrorism 7,,usa ,,patriot ,,act7 ,act of #bjja 7#db ,u4,s4,c4 #eaie;c7e774 7b7 ,report required ,not later than #ij days after the date of the enactment of this ,act1 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-- 7#a7 to suppress information about-- 7,a7 the outbreak of the novel coronavirus in ,wuhan2 7,b7 the spread of the virus through ,china2 and 7,c7 the transmission of the virus to other countries2 7#b7 to spread disinformation relating to the pandemic2 or 7#c7 to exploit the pandemic to advance their national security interests4 7c7 ,assessments ,the report required by subsection 7b7 shall include assessments of reported actions and the effect of those actions on efforts to contain the novel coronavirus pandemic1 including each of the following3 7#a7 ,the origins of the novel coronavirus outbreak1 the time and location of initial infections1 and the mode and speed of early viral spread4 7#b7 ,actions taken by the ,government of ,china to suppress1 conceal1 or misinform the people of ,china and those of other countries about the novel coronavirus outbreak in ,wuhan4 7#c7 ,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 countries4 7#d7 ,diplomatic1 political1 economic1 intelligence1 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 contagion1 as well as to influence or coerce early responses to the pandemic by other countries4 7#e7 ,efforts by officials of the ,government of ,china to deny access to health experts and international health organizations to afflicted individuals in ,wuhan1 pertinent areas of the city1 or laboratories of interest in ,china1 including the ,wuhan ,institute of ,virology4 7#f7 ,efforts by the ,government of ,china1 or those acting at its direction or with its assistance1 to conduct cyber operations against international1 national1 or private health organizations conducting research relating to the novel coronavirus or operating in response to the pandemic4 7#g7 ,efforts to control1 restrict1 or manipulate relevant segments of global supply chains1 particularly in the sale1 trade1 or provision of relevant medicines1 medical supplies1 or medical equipment as a result of the pandemic4 7#h7 ,efforts to advance the economic1 intelligence1 national security1 and political objectives of the ,government of ,china by exploiting vulnerabilities of foreign governments1 economies1 and companies under financial duress as a result of the pandemic or to accelerate economic espionage and intellectual property theft4 7#i7 ,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 pandemic4 7d7 ,form ,the report required under subsection 7b7 shall be submitted in unclassified form1 but may include a classified annex4 #fji4 ,report on effect of lifting of ,united ,nations arms embargo on ,islamic ,republic of ,iran 7a7 ,definition of appropriate committees of ,congress ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,select ,committee on ,intelligence1 the ,committee on ,armed ,services1 and the ,committee on ,foreign ,relations of the ,senate2 and 7#b7 the ,permanent ,select ,committee on ,intelligence1 the ,committee on ,armed ,services1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7b7 ,report required ,not later than #ij days after the date of the enactment of this ,act1 the ,director of the ,defense ,intelligence ,agency1 in consultation with such heads of other elements of the intelligence community as the ,director considers appropriate1 shall submit to the appropriate committees of ,congress a report on-- 7#a7 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 lifted2 and 7#b7 the effect such arms acquisitions may have on regional security and stability4 7c7 ,contents ,the report submitted under subsection 7b7 shall include assessments relating to plans of the ,government of the ,islamic ,republic of ,iran to acquire additional weapons1 the intention of other countries to provide such weapons1 and the effect such acquisition and provision would have on regional stability1 including with respect to each of the following3 7#a7 ,the type and quantity of weapon systems under consideration for acquisition4 7#b7 ,the countries of origin of such systems4 7#c7 ,likely reactions of other countries in the region to such acquisition1 including the potential for proliferation by other countries in response4 7#d7 ,the threat that such acquisition could present to international commerce and energy supplies in the region1 and the potential implications for the national security of the ,united ,states4 7#e7 ,the threat that such acquisition could present to the ,armed ,forces of the ,united ,states1 of countries allied with the ,united ,states1 and of countries partnered with the ,united ,states stationed in or deployed in the region4 7#f7 ,the potential that such acquisition could be used to deliver chemical1 biological1 or nuclear weapons4 7#g7 ,the potential for the ,government of the ,islamic ,republic of ,iran to proliferate weapons acquired in the absence of an arms embargo to regional groups1 including ,shi'a militia groups backed by such government4 7d7 ,form ,the report submitted under subsection 7b7 shall be submitted in unclassified form1 but may include a classified annex4 #faj4 ,report on ,iranian activities relating to nuclear nonproliferation 7a7 ,definition of appropriate committees of ,congress ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,select ,committee on ,intelligence1 the ,committee on ,armed ,services1 and the ,committee on ,foreign ,relations of the ,senate2 and 7#b7 the ,permanent ,select ,committee on ,intelligence1 the ,committee on ,armed ,services1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7b7 ,report required ,not later than #ij days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall submit to the appropriate committees of ,congress a report assessing-- 7#a7 any relevant activities potentially relating to nuclear weapons research and development by the ,islamic ,republic of ,iran2 and 7#b7 any relevant efforts to afford or deny international access in accordance with international nonproliferation agreements4 7c7 ,assessments ,the report required by subsection 7b7 shall include assessments1 for the period beginning on ,january #a1 #bjah1 and ending on the date of the submittal of the report1 of the following3 7#a7 ,activities to research1 develop1 or enrich uranium or reprocess plutonium with the intent or capability of creating weapons-grade nuclear material4 7#b7 ,research1 development1 testing1 or design activities that could contribute to or inform construction of a device intended to initiate or capable of initiating a nuclear explosion4 7#c7 ,efforts to receive1 transmit1 store1 destroy1 relocate1 archive1 or otherwise preserve research1 processes1 products1 or enabling materials relevant or relating to any efforts assessed under paragraph 7#a7 or 7#b74 7#d7 ,efforts to afford or deny international access1 in accordance with international nonproliferation agreements1 to locations1 individuals1 and materials relating to activities described in paragraph 7#a71 7#b71 or 7#c74 7d7 ,form ,the report required under subsection 7b7 shall be submitted in unclassified form1 but may include a classified annex4 #faa4 ,annual reports on security services of the ,people's ,republic of ,china in the ,hong ,kong ,special ,administrative ,region 7a7 ,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 #cj1 #bjbj4 7b7 ,reports ,title ,,xi of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cbca et seq471 is amended by inserting after section #aajg the following new section3 #aajg;,a4 ,annual reports on security services of the ,people's ,republic of ,china in the ,hong ,kong ,special ,administrative ,region 7a7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the congressional intelligence committees2 7,b7 the ,committee on ,foreign ,relations and the ,committee on ,armed ,services of the ,senate2 and 7,c7 the ,committee on ,foreign ,affairs and the ,committee on ,armed ,services of the ,house of ,representatives4 7#b7 ,chinese security services ,the term ,chinese security services means-- 7,a7 the security services of the ,government of the ,people's ,republic of ,china1 including the ,ministry of ,state ,security and the ,ministry of ,public ,security2 and 7,b7 any known front organizations or aliases associated with such security services1 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 security4 7b7 ,requirement ,on an annual basis through #bjdg1 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 ,region4 7c7 ,contents ,each report under subsection 7b7 shall include1 with respect to the year covered by the report1 the following3 7#a7 ,identification of the approximate number of personnel affiliated with ,chinese security services operating within the ,hong ,kong ,special ,administrative ,region1 including a breakdown of such personnel by the specific security service and the division of the security service1 and 7to the extent possible7 an identification of any such personnel associated with the national security division of the ,hong ,kong ,police ,force4 7#b7 ,a description of the command and control structures of such security services1 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 ,china4 7#c7 ,a description of the working relationship and coordination mechanisms of the ,chinese security services with the police force of the ,hong ,kong ,special ,administrative ,region4 7#d7 ,a description of the activities conducted by ,chinese security services operating within the ,hong ,kong ,special ,administrative ,region1 including-- 7,a7 information regarding the extent to which such security services1 and officers associated with the national security division of the ,hong ,kong ,police ,force1 are engaged in frontline policing1 serving in advisory and assistance roles1 or both2 7,b7 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 report2 and 7,c7 an assessment of how such activities conducted by ,chinese security services contribute to self-censorship and corruption within the ,hong ,kong ,special ,administrative ,region4 7#e7 ,a discussion of the doctrine and tactics employed by ,chinese security services operating within the ,hong ,kong ,special ,administrative ,region1 including an overview of the extent to which such security services employ surveillance1 detection1 and control methods1 including high-tech policing models and preventative policing tactics1 that are consistent with the rise of digital authoritarianism1 and used in a manner similar to methods used in the ,xinjiang region of ,china4 7#f7 ,an overview of the funding for ,chinese security services operating within the ,hong ,kong ,special ,administrative ,region1 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 ,china4 7#g7 ,a discussion of the various surveillance technologies used by security services operating within the ,hong ,kong ,special ,administrative ,region1 including-- 7,a7 a list of the key companies that provide such technologies2 and 7,b7 an assessment of the degree to which such technologies can be accessed by ,chinese security services operating within the ,hong ,kong ,special ,administrative ,region4 7d7 ,coordination ,in carrying out subsection 7b71 the ,director shall coordinate with the ,director of the ,central ,intelligence ,agency1 the ,director of the ,national ,security ,agency1 the ,director of the ,defense ,intelligence ,agency1 the ,director of the ,national ,geospatial-,intelligence ,agency1 the ,assistant ,secretary of ,state for the ,bureau of ,intelligence and ,research1 and any other relevant head of an element of the intelligence community4 7e7 ,form ,each report submitted to the appropriate congressional committees under subsection 7b7 shall be submitted in unclassified form1 but may include a classified annex4 4 7c7 ,clerical amendment ,the table of contents in the first section of the ,national ,security ,act of #aidg is amended by inserting after the item relating to section #aajg the following new item3 ,sec4 #aajg;,a4 ,annual reports on security services of the ,people's ,republic of ,china in the ,hong ,kong ,special ,administrative ,region4 4 #fab4 ,research partnership on activities of ,people's ,republic of ,china 7a7 ,research partnership 7#a7 ,requirement ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of the ,national ,geospatial-,intelligence ,agency shall seek to enter into a partnership with an academic or non-profit research institution to-- 7,a7 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 ,states2 and 7,b7 make available on a publicly available internet website unclassified geospatial intelligence products relating to such analyses4 7#b7 ,elements ,the ,director shall ensure that the activities of ,china analyzed under paragraph 7#a77;,a7 include the following3 7,a7 ,any notable developments relating to the global activities of the ,people's ,liberation ,army ,ground ,force1 the ,people's ,liberation ,army ,navy1 the ,people's ,liberation ,army ,air ,force1 the ,people's ,liberation ,army ,rocket ,force1 the ,people's ,liberation ,army ,strategic ,support ,force1 and the ,chinese ,people's ,armed ,police ,force ,coast ,guard ,corps4 7,b7 ,infrastructure projects associated with the ,one ,belt1 ,one ,road ,initiative4 7,c7 ,maritime land reclamation activities conducted by ,china in the ,south ,china ,sea1 the ,indian ,ocean region1 and the broader maritime commons4 7,d7 ,matters relevant to global public health and climate security1 including-- 7i7 indications and warnings of disease outbreaks with pandemic potential2 7ii7 the activities of ,china likely contributing to climate change2 and 7iii7 any environmental degradation directly resulting from the practices of ,china4 7#c7 ,consortium ,in carrying out paragraph 7#a71 the ,director may enter into a partnership with-- 7,a7 one research institution2 or 7,b7 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 research4 7#d7 ,duration ,the ,director shall carry out a partnership under this section for a period that is not less than #aj years following the date of the enactment of this ,act4 7#e7 ,improvements to partnership ,the ,director may modify the partnership under paragraph 7#a7 or select a new research institution with which to enter into such a partnership if-- 7,a7 the ,director consults with the congressional intelligence committees with respect to the proposed modified or new partnership2 7,b7 the modified or new partnership is carried out in accordance with this section2 and 7,c7 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 research4 7b7 ,open-,source data 7#a7 ,identification and publication ,during the life of the partnership under subsection 7a71 the ,director shall regularly-- 7,a7 identify raw1 unclassified geospatial data that could improve the research conducted under the partnership if the data was made publicly available2 and 7,b7 make such data publicly available4 7#b7 ,consultation ,the ,director shall carry out paragraph 7#a7 in consultation with the research institution or consortium of research institutions involved with the partnership under subsection 7a74 7c7 ,briefings ,not later than #bgj days after the date of the enactment of this ,act1 and annually thereafter during the life of the partnership under subsection 7a71 the ,director shall provide to the appropriate congressional committees a briefing on the partnership4 ,each such briefing shall include the following3 7#a7 ,the outcomes of research conducted under the partnership4 7#b7 ,identification of the actions that have been taken to increase the quantity and quality of unclassified geospatial analysis products made publicly available under the partnership1 including the quantity and types of raw data the partnership has made publicly available4 7#c7 ,identification of actual and projected costs to carry out the partnership4 7d7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the congressional intelligence committees2 7#b7 ,committee on ,foreign ,relations and the ,subcommittee on ,defense of the ,committee on ,appropriations of the ,senate2 and 7#c7 ,committee on ,foreign ,affairs and the ,subcommittee on ,defense of the ,committee on ,appropriations of the ,house of ,representatives4 #fac4 ,report on the pharmaceutical and personal protective equipment regulatory practices of the ,people's ,republic of ,china 7a7 ,report ,not later than #abj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall submit to the appropriate congressional committees a report on-- 7#a7 the pharmaceutical and personal protective equipment regulatory practices of the ,people's ,republic of ,china2 and 7#b7 the effects of such practices on the national security of the ,united ,states4 7b7 ,contents ,the report under subsection 7a7 shall include the following3 7#a7 ,an assessment of the quantity of active pharmaceutical ingredients produced annually within ,china4 7#b7 ,an estimate of the percentage of active pharmaceutical ingredients produced globally that originate in ,china4 7#c7 ,a description of the ,national ,medical ,products ,administration of ,china1 including with respect to-- 7,a7 the roles and responsibilities of the ,administration2 7,b7 the organizational structure of the ,administration2 and 7,c7 any affiliated institutions of the ,national ,medical ,products ,administration4 7#d7 ,an assessment of the capacity of the ,national ,medical ,products ,administration to effectively develop safety standards1 efficacy standards1 and any other relevant standards concerning the production of active pharmaceutical ingredients and pharmaceutical drugs4 7#e7 ,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 drugs4 7#f7 ,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 ,development4 7#g7 ,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 ,use4 7#h7 ,an assessment of the susceptibility of the ,national ,medical ,products ,administration1 the subordinate organizations of the ,national ,medical ,products ,administration1 and other associated personnel to engage in corrupt practices1 particularly practices that relate to assessing the safety of pharmaceutical ingredients and other pharmaceutical drugs within the authority of the ,national ,medical ,products ,administration4 7#i7 ,an assessment of the national security risks associated with the reliance by the ,united ,states on pharmaceutical ingredients and pharmaceutical drugs originating in ,china1 including an assessment of how and whether ,china could leverage its production of certain pharmaceutical ingredients as a means to coerce the ,united ,states or the partners and allies of the ,united ,states4 7#aj7 ,an assessment of the percentage of personal protective equipment produced globally that originates in ,china4 7#aa7 ,an assessment of the national security risks associated with any reliance by the ,united ,states on personal protective equipment originating in ,china1 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 ,states4 7c7 ,coordination ,in carrying out subsection 7a71 the ,director shall coordinate with the ,director of the ,central ,intelligence ,agency1 the ,director of the ,national ,security ,agency1 the ,director of the ,defense ,intelligence ,agency1 the ,director of the ,national ,geospatial-,intelligence ,agency1 and any other relevant head of an element of the intelligence community as well as the ,commissioner of the ,food and ,drug ,administration4 7d7 ,form ,the report submitted to the appropriate congressional committees under subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 7e7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the congressional intelligence committees2 7#b7 the ,committee on ,foreign ,affairs and the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7#c7 the ,committee on ,foreign ,relations and the ,committee on ,finance of the ,senate4 #fad4 ,national ,intelligence ,estimate on situation in ,afghanistan 7a7 ,requirement ,the ,director of ,national ,intelligence1 acting through the ,national ,intelligence ,council1 shall produce a ,national ,intelligence ,estimate on the situation in ,afghanistan4 7b7 ,matters ,the ,national ,intelligence ,estimate produced under subsection 7a7 shall include an assessment of the prospects of a durable intra-,afghan settlement of the conflict in ,afghanistan that leads to-- 7#a7 a permanent ceasefire and sustained reduction in violence2 7#b7 a verifiable break between the ,taliban and al-,qaeda2 7#c7 verifiable cooperation by the ,taliban in efforts against al-,qaeda1 the ,islamic ,state of ,iraq and the ,levant ,khorasan1 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 abroad2 and 7#d7 sustainment of the social and human rights progress achieved by ,afghan women and girls since #bjja4 7c7 ,submission to ,congress 7#a7 ,submission ,not later than ,february #a1 #bjba1 the ,director shall submit to the congressional intelligence committees the ,national ,intelligence ,estimate produced under subsection 7a71 including all intelligence reporting underlying the ,estimate4 7#b7 ,notice regarding submission ,if before ,february #a1 #bjba1 the ,director determines that the ,national ,intelligence ,estimate produced under subsection 7a7 cannot be submitted by such date1 the ,director shall 7before such date7-- 7,a7 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 ,estimate2 and 7,b7 testify before the congressional intelligence committees on the issues that will be covered by the ,national ,intelligence ,estimate4 7#c7 ,form ,the ,national ,intelligence ,estimate shall be submitted under paragraph 7#a7 in classified form4 7d7 ,public version ,consistent with the protection of intelligence sources and methods1 at the same time as the ,director submits to the congressional intelligence committees the ,national ,intelligence ,estimate under subsection 7c71 the ,director shall make publicly available on the internet website of the ,director an unclassified version of the key findings of the ,national ,intelligence ,estimate4 #fae4 ,assessment regarding tensions between ,armenia and ,azerbaijan 7a7 ,assessment required ,not later than #ij days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall submit to the congressional intelligence committees a written assessment regarding tensions between the governments of ,armenia and ,azerbaijan1 including with respect to the status of the ,nagorno-,karabakh region4 ,such assessment shall include each of the following3 7#a7 ,an identification of the strategic interests of the ,united ,states and its partners in the ,armenia-,azerbaijan region4 7#b7 ,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 #bjbj1 including a description of each significant use of force and an assessment of who initiated the use of such force4 7#c7 ,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 force4 7#d7 ,an assessment of the likelihood of any further uses of force or potentially destabilizing activities in the region in the near- to medium-term4 7b7 ,form of assessment ,the assessment required under this section shall be submitted in unclassified form1 but may contain a classified annex4 #faf4 ,sense of ,congress on ,third ,option ,foundation ,it is the sense of the ,congress that-- 7#a7 the work of the ,third ,option ,foundation to heal1 help1 and honor members of the special operations community of the ,central ,intelligence ,agency and their families is invaluable2 and 7#b7 the ,director of the ,central ,intelligence ,agency should work closely with the ,third ,option ,foundation in implementing section #ai;,a of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceai;b71 as added by section #fdab of the ,damon ,paul ,nelson and ,matthew ,young ,pollard ,intelligence ,authorization ,act for ,fiscal ,years #bjah1 #bjai1 and #bjbj 7,public ,law #aaf-ib74 #fag4 ,annual reports on worldwide threats 7a7 ,in general ,title ,i of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjba et seq47 is amended by inserting after section #ajh;,a the following new section3 #ajh;,b4 ,annual reports on worldwide threats 7a7 ,definition of appropriate congressional committees ,in this section1 the term appropriate congressional committees means-- 7#a7 the congressional intelligence committees2 and 7#b7 the ,committees on ,armed ,services of the ,house of ,representatives and the ,senate4 7b7 ,annual reports ,not later than the first ,monday in ,february #bjba1 and each year thereafter1 the ,director of ,national ,intelligence1 in coordination with the heads of the elements of the intelligence community1 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 ,states4 7c7 ,form ,each report under subsection 7b7 shall be submitted in unclassified form1 but may include a classified annex only for the protection of intelligence sources and methods relating to the matters contained in the report4 7d7 ,hearings 7#a7 ,open hearings ,upon request by the appropriate congressional committees1 the ,director 7and any other head of an element of the intelligence community determined appropriate by the committees in consultation with the ,director7 shall testify before such committees in an open setting regarding a report under subsection 7b74 7#b7 ,closed hearings ,any information that may not be disclosed during an open hearing under paragraph 7#a7 in order to protect intelligence sources and methods may instead be discussed in a closed hearing that immediately follows such open hearing4 4 7b7 ,clerical amendment ,the table of contents at the beginning of such ,act is amended by inserting after the item relating to section #ajh;,a the following new item3 ,sec4 #ajh;,b4 ,annual reports on world-wide threats4 4 #fah4 ,annual report on ,climate ,security ,advisory ,council ,section #abj of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjfj71 as amended by section #dje1 is further amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e72 and 7#b7 by inserting after subsection 7c7 the following new subsection 7d73 7d7 ,annual report ,not later than ,january #ca1 #bjba1 and not less frequently than annually thereafter1 the chair of the ,council shall submit1 on behalf of the ,council1 to the congressional intelligence committees a report describing the activities of the ,council as described in subsection 7c7 during the year preceding the year during which the report is submitted4 4 #fai4 ,improvements to funding for ,national ,security ,education program 7a7 ,funding for scholarship1 fellowship1 and grant programs ,section #haj of the ,david ,l4 ,boren ,national ,security ,education ,act of #aiia 7#ej ,u4,s4,c4 #aiaj7 is amended-- 7#a7 in subsection 7c71 by striking for each fiscal year1 beginning with fiscal year #bjje1 and inserting for each of fiscal years #bjje through #bjba2 and 7#b7 by adding at the end the following new subsection3 7d7 ,fiscal years beginning with fiscal year #bjbb ,in addition to amounts that may be made available to the ,secretary under the ,fund for a fiscal year1 there is authorized to be appropriated to the ,secretary for each fiscal year1 beginning with fiscal year #bjbb1 #h1jjj1jjj1 to carry out the scholarship1 fellowship1 and grant programs under subparagraphs 7,a71 7,b71 and 7,c71 respectively1 of section #hjb7;a77#a74 4 7b7 ,funding for ,national ,flagship ,language ,initiative ,section #haa of such ,act 7#ej ,u4,s4,c4 #aiaa7 is amended-- 7#a7 in subsection 7a71 by striking #aj1jjj1jjj and inserting #af1jjj1jjj2 and 7#b7 in subsection 7b71 by striking for each fiscal year1 beginning with fiscal year #bjje1 and inserting for each of fiscal years #bjje through #bjba4 7c7 ,funding for scholarship program for advanced ,english language studies ,section #hab of the ,david ,l4 ,boren ,national ,security ,education ,act of #aiia 7#ej ,u4,s4,c4 #aiab7 is amended-- 7#a7 in subsection 7a71 by striking for each fiscal year1 beginning with fiscal year #bjje1 and inserting for each of fiscal years #bjje through #bjba2 7#b7 by redesignating subsection 7b7 as subsection 7c72 7#c7 by inserting after subsection 7a7 the following new subsection 7b73 7b7 ,fiscal years beginning with fiscal year #bjbb ,in addition to amounts that may be made available to the ,secretary under the ,fund for a fiscal year1 there is authorized to be appropriated to the ,secretary for each fiscal year1 beginning with fiscal year #bjbb1 #b1jjj1jjj1 to carry out the scholarship programs for ,english language studies by certain heritage community citizens under section #hjb7;a77#a77;,e74 2 and 7#d7 in subsection 7c71 as so redesignated1 by striking subsection 7a7 and inserting this section4 #fbj4 ,report on best practices to protect privacy1 civil liberties1 and civil rights of ,chinese ,americans 7a7 ,report ,section #egab of the ,damon ,paul ,nelson and ,matthew ,young ,pollard ,intelligence ,authorization ,act for ,fiscal ,years #bjah1 #bjai1 and #bjbj 7,public ,law #aaf-ib2 #acc ,stat4 #baga7 is-- 7#a7 transferred to title ,,xi of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cbca et seq472 7#b7 inserted after section #aaji of such title1 as added by section #cjh2 7#c7 redesignated as section #aaaj2 and 7#d7 amended-- 7,a7 in the heading1 by striking and civil liberties and inserting 1 civil liberties1 and civil rights2 and 7,b7 in subsection 7b7-- 7i7 in the matter preceding paragraph 7#a7 by striking ,not later than #ahj days after the date of the enactment of this ,act1 and inserting ,on an annual basis12 and 7ii7 by striking and civil liberties1 each place it appears and inserting 1 civil liberties1 and civil rights4 7b7 ,clerical amendment ,the table of contents at the beginning of the ,national ,security ,act of #aidg is amended by inserting after the item relating to section #aaji1 as added by section #cjh1 the following new item3 ,sec4 #aaaj4 ,report on best practices to protect privacy1 civil liberties1 and civil rights of ,chinese ,americans4 4 #fba4 ,national ,intelligence ,estimate on threat of global pandemic disease 7a7 ,national ,intelligence ,estimate 7#a7 ,requirement ,the ,director of ,national ,intelligence1 acting through the ,national ,intelligence ,council1 shall produce a ,national ,intelligence ,estimate on the threat of global pandemic disease1 including with respect to the following3 7,a7 ,an assessment of the possible courses of the ,,covid-#ai pandemic during the #ah months following the date of the ,estimate1 including-- 7i7 the projected spread of ,,covid-#ai outside the ,united ,states and the likelihood of subsequent major outbreaks2 7ii7 the capacity of countries and international organizations to combat the further spread of ,,covid-#ai1 including risks and opportunities for further global cooperation2 and 7iii7 the risks to the national security and health security of the ,united ,states if ,,covid-#ai is not contained abroad4 7,b7 ,an assessment of the global public health system and the responses of the system to the ,,covid-#ai pandemic1 including-- 7i7 prospects for an effective global disease surveillance and response system1 opportunities to advance the development of such a system1 and signposts for evaluating whether or not an effective system has been developed before a disease outbreak occurs2 and 7ii7 an assessment of global health system capacity4 7,c7 ,an assessment of-- 7i7 the humanitarian and economic implications of the ,,covid-#ai pandemic2 and 7ii7 the consequences of the ,,covid-#ai pandemic with respect to political stability1 armed conflict1 democratization1 and the global leadership by the ,united ,states of the post-,world ,war ,,ii international system4 7,d7 ,an assessment of-- 7i7 likely threats by global pandemic diseases during the #aj-year period following the date of the ,estimate2 7ii7 global readiness to avert a future global pandemic2 7iii7 challenges and opportunities for the policy of the ,united ,states to advance global pandemic preparedness2 and 7iv7 the potential role of non-state and state-backed global influence activities or disinformation campaigns involving ,,covid-#ai or future potential global pandemics4 7,e7 ,any other matters the ,director determines appropriate4 7#b7 ,submission to ,congress 7,a7 ,submission ,not later than #ij days after the date of the enactment of this ,act1 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 7#a71 including all intelligence reporting underlying the ,estimate4 7,b7 ,notice regarding submission ,if before the end of the #ij-;day period specified in subparagraph 7,a7 the ,director determines that the ,national ,intelligence ,estimate under paragraph 7#a7 cannot be submitted by the end of that period1 the ,director shall 7before the end of that period7-- 7i7 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-- 7,i7 the reasons why the ,national ,intelligence ,estimate cannot be submitted by the end of that period2 and 7,,ii7 an estimated date for the submission of the ,national ,intelligence ,estimate2 and 7ii7 testify before such committees on the issues that will be covered by the ,national ,intelligence ,estimate4 7,c7 ,form ,the ,national ,intelligence ,estimate shall be submitted under subparagraph 7,a7 in classified form4 7#c7 ,public version ,consistent with the protection of intelligence sources and methods1 at the same time as the ,director submits to the congressional intelligence committees the ,national ,intelligence ,estimate under paragraph 7#b71 the ,director shall make publicly available on the internet website of the ,director1 an unclassified version of the ,national ,intelligence ,estimate4 7#d7 ,consultation ,the ,director shall prepare the ,national ,intelligence ,estimate under paragraph 7#a7 in consultation with the ,secretary of ,health and ,human ,services1 the ,director of the ,centers for ,disease ,control and ,prevention1 the ,secretary of ,state1 and any other head of an element of the ,federal ,government the ,director of ,national ,intelligence determines appropriate4 7b7 ,future pandemic plan 7#a7 ,requirement ,not later than #ij days after the date of the enactment of this ,act1 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 to subsequent major outbreaks of the ,,covid-#ai pandemic and for other future global pandemic diseases4 7#b7 ,matters included ,the plan under paragraph 7#a7 shall address how to improve the following3 7,a7 ,pandemic planning4 7,b7 ,homeland preparedness4 7,c7 ,international disease surveillance4 7,d7 ,diagnostic testing4 7,e7 ,contact tracing4 7,f7 ,the role of the ,federal ,government with respect to the regulation1 acquisition1 and disbursement1 of medical supplies and other public health resources necessary to respond to ,,covid-#ai or other diseases with pandemic potential 7including diagnostic testing equipment1 biomedical equipment1 drugs and medicines1 and hygiene equipment74 7,g7 ,the procurement and distribution of personal protective equipment4 7,h7 ,early domestic response to future global pandemic diseases in the ,united ,states4 7c7 ,global strategy ,not later than #ij days after the date of the enactment of this ,act1 the ,president1 in coordination with the ,director of ,national ,intelligence1 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-#ai pandemic4 #fbb4 ,modification of requirement for briefings on national security effects of emerging infectious disease and pandemics ,section #fgbb7;b77#b7 of the ,damon ,paul ,nelson and ,matthew ,young ,pollard ,intelligence ,authorization ,act for ,fiscal ,years #bjah1 #bjai1 and #bjbj 7division ,e of ,public ,law #aaf-ih7 is amended-- 7#a7 in the paragraph heading1 by striking ,quinquennial and inserting ,annual2 7#b7 by striking beginning on the date that is #e years after the date on which the ,director submits the report under paragraph 7#a71 and every #e years thereafter and inserting not later than ,january #ca1 #bjba1 and annually thereafter2 and 7#c7 by inserting required under paragraph 7#a7 before the period at the end4 #fbc4 ,independent study on open-source intelligence 7a7 ,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 collection1 processing1 exploitation1 analysis1 dissemination1 and evaluation of open-source intelligence by the intelligence community4 ,the ,director shall select such entity in consultation with the congressional intelligence committees4 7b7 ,matters included ,the study under subsection 7a7 shall include the following3 7#a7 ,recommendations with respect to the governance of open-source intelligence within the intelligence community1 including regarding-- 7,a7 whether such governance of open-source intelligence should be assigned to a functional manager or an executive agent1 or use another governance structure2 7,b7 which official of the intelligence community should serve as such a functional manager1 executive agent1 or the leader of such other governance structure1 and what authorities the official should have in serving in such role2 7,c7 which official of the intelligence community should be responsible for conducting oversight by the executive branch for open-source intelligence2 7,d7 which elements of the intelligence community should retain capabilities to collect1 process1 exploit1 and disseminate open-source intelligence2 7,e7 how to effectively integrate such collection capabilities among the elements of the intelligence community2 and 7,f7 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 open-source intelligence capabilities of the elements of the intelligence community1 including a discussion of the advantages and disadvantages of each such approach4 7#b7 ,recommendations regarding the requirements processes for open-source intelligence1 including with respect to-- 7,a7 the utility 7or disutility7 of a unified collection management process for open-source intelligence for all of the intelligence community2 7,b7 what such a process might look like2 7,c7 ways to integrate an open-source requirements process into all-source collection management2 and 7,d7 ways that automation might be leveraged to facilitate open-source requirements and collection management4 7#c7 ,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 rejuvenation4 7#d7 ,recommendations regarding the need to adjust any legal and policy frameworks 7including any applicable guidelines of the ,attorney ,general7 that would facilitate the collection1 retention1 and dissemination of open-source intelligence while balancing customer needs with the privacy interests of ,united ,states persons4 7#e7 ,an assessment of methods to use open-source intelligence to support the operations of the intelligence community1 including recommendations on when and how open-source intelligence should support such operations4 7#f7 ,with respect to the data management of open-source intelligence1 recommendations on proposed data ingestion tools1 scraping capabilities1 and other tools and capabilities to collect1 process1 exploit1 and analyze the volume of open-source intelligence1 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 products4 7#g7 ,any other matters the ,director or the entity selected to conduct the study determines appropriate4 7c7 ,cooperation ,the ,director shall make available to the entity selected to conduct the study under subsection 7a7 the necessary information and materials to conduct the study1 including with respect to-- 7#a7 accessing secure workspaces2 7#b7 accessing directives and policy guidance of the intelligence community and other policy documents regarding the governance and execution of open-source intelligence2 7#c7 reviewing technological systems used to conduct open-source intelligence collection2 7#d7 interviewing senior personnel of the intelligence community1 including such personnel with responsibility for the open-source intelligence mission of the intelligence community2 and 7#e7 ensuring that each head of an element of the intelligence community provides the cooperation described in this subsection4 7d7 ,consultation ,the entity selected to conduct the study under subsection 7a7 shall consult with the congressional intelligence committees before beginning to conduct such study4 7e7 ,report ,not later than #bgj days after the date of the enactment of this ,act1 the ,director shall submit to the congressional intelligence committees a report containing the study under subsection 7a71 without change4 ,the report shall be unclassified1 but may include a classified annex4 #fbd4 ,survey on ,open ,source ,enterprise 7a7 ,survey ,the ,director of the ,central ,intelligence ,agency 7as the open source functional manager for the intelligence community71 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 appropriate1 shall conduct a survey to measure the satisfaction of customers of open-source intelligence with the ,open ,source ,enterprise of the ,central ,intelligence ,agency4 7b7 ,purpose ,the ,director shall ensure that the survey under subsection 7a7-- 7#a7 evaluates which types of open-source intelligence supports the missions of the customers of such intelligence1 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 ,enterprise2 7#b7 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 ,enterprise2 7#c7 enables the ,open ,source ,enterprise to set strategic priorities2 and 7#d7 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 intelligence4 7c7 ,contents 7#a7 ,assessment ,the survey under subsection 7a7 shall include qualitative and quantitative questions designed to assess the following3 7,a7 ,the value of support provided by the ,open ,source ,enterprise to the mission of the customer taking the survey4 7,b7 ,the accessibility of the products of the ,open ,source ,enterprise4 7,c7 ,the frequency that such products are used in accomplishing the mission of the customer4 7,d7 ,the responsiveness of the ,open ,source ,enterprise to tasking requests4 7,e7 ,areas in which the ,open ,source ,enterprise could improve4 7,f7 ,the in-house open-source intelligence capabilities of the customer taking the survey1 including-- 7i7 a description of such capabilities2 7ii7 how such capabilities are tailored to the mission of the customer2 7iii7 when such capabilities were established2 and 7iv7 whether and to what extent the customer coordinates with the ,open ,source ,enterprise regarding such capabilities4 7#b7 ,survey answers ,a customer who receives the survey under subsection 7a7 shall make all reasonable efforts to respond fully and frankly to the survey4 7d7 ,design methodology ,in carrying out subsection 7a71 the ,director of ,central ,intelligence shall seek advice regarding design methodology for customer satisfaction surveys from-- 7#a7 experts in survey design of the ,central ,intelligence ,agency and the ,office of the ,director of ,national ,intelligence2 and 7#b7 senior executives of the ,bureau of ,intelligence and ,research of the ,department of ,state who conduct a survey similar to the survey under subsection 7a74 7e7 ,report 7#a7 ,strategy ,not later than #ahj days after the date on which the survey is completed under subsection 7a71 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 survey1 including explanations of how the ,open ,source ,enterprise will-- 7,a7 build off the successes of the ,open ,source ,enterprise2 and 7,b7 fill gaps in the collection1 production1 analysis1 or dissemination of open-source intelligence4 7#b7 ,form ,the report under paragraph 7#a7 shall be submitted in classified form4 7#c7 ,briefing ,not later than #cj days after the date on which the ,director submits to the congressional intelligence committees the report under paragraph 7#a71 the ,director shall provide to such committees a briefing on the strategic direction of the ,open ,source ,enterprise4 #fbe4 ,sense of ,congress on report on murder of ,jamal ,khashoggi 7a7 ,findings ,congress finds the following3 7#a7 ,there is a strong bipartisan conviction1 shared widely throughout the legislative and executive branches of the ,united ,states ,government and elsewhere1 that ensuring full accountability for the brutal murder on ,october #b1 #bjah1 of ,jamal ,khashoggi1 a former ,washington ,post columnist and resident of the ,united ,states1 is in the public interest and also the national interest of the ,united ,states4 7#b7 ,section #egad of the ,damon ,paul ,nelson and ,matthew ,young ,pollard ,intelligence ,authorization ,act for ,fiscal ,years #bjah1 #bjai1 and #bjbj 7division ,e of ,public ,law #aaf-ib2 #acc ,stat4 #bagc7 required the ,director of ,national ,intelligence to submit to ,congress a written report in unclassified form that includes identification of those who carried out1 participated in1 ordered1 or were otherwise complicit in or responsible for the death of ,jamal ,khashoggi44 7#c7 ,section #abgg of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib2 #acc ,stat4 #agja7 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 ,mr4 ,khashoggi's brutal murder4 7#d7 ,such section #abgg specifically called1 among other things1 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 directing1 ordering1 or tampering of evidence in relation to ,mr4 ,khashoggi's murder4 7#e7 ,such section #abgg also required the ,director to submit a list of foreign persons whom the ,director has high confidence were responsible for1 complicit in1 or otherwise knowingly and materially assisted the murder1 or impeded its impartial investigation1 or who ordered or otherwise directed an act or acts contributing to or causing the murder4 7#f7 ,contrary to the unambiguous and lawful command of ,congress under such sections #egad and #abgg1 the ,director did not produce any unclassified report as required by either such section1 and instead1 on ,february #bj1 #bjbj1 the ,director submitted to such committees a classified report1 which the ,director referred to as an annex4 7#g7 ,the evident belief of the ,director that no unclassified information can be produced in accordance with the directives of ,congress is dubious1 in light of the extensive body of credible1 unclassified reporting available regarding the murder of ,mr4 ,khashoggi1 and the roles and culpability of officials at the highest levels of the ,government of ,saudi ,arabia4 7b7 ,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 #egad of the ,damon ,paul ,nelson and ,matthew ,young ,pollard ,intelligence ,authorization ,act for ,fiscal ,years #bjah1 #bjai1 and #bjbj and section #abgg of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj that did not alter or obscure1 in any way1 the intelligence community's core determinations1 its presentation of evidence1 or identification of relevant persons1 as required1 without putting sources and methods at risk4 ,x ,supporting ,foster ,youth and ,families through the ,pandemic #a4 ,short title ,this division may be cited as the ,supporting ,foster ,youth and ,families through the ,pandemic ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,,covid-#ai public health emergency ,the term ,,covid-#ai public health emergency means the public health emergency declared by the ,secretary pursuant to section #cai of the ,public ,health ,service ,act1 entitled ,determination that a ,public ,health ,emergency ,exists ,nationwide as the ,result of the #bjai ,novel ,coronavirus4 7#b7 ,,covid-#ai public health emergency period ,the term ,,covid-#ai public health emergency period means the period beginning on ,april #a1 #bjbj and ending with ,september #cj1 #bjba4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 #c4 ,continued safe operation of child welfare programs and support for older foster youth 7a7 ,funding increases 7#a7 ,increase in support for ,chafee programs ,out of any money in the ,treasury of the ,united ,states not otherwise appropriated1 there are appropriated #djj1jjj1jjj for fiscal year #bjba1 to carry out section #dgg of the ,social ,security ,act1 in addition to any amounts otherwise made available for such purpose4 7#b7 ,education and training vouchers ,of the amount made available by reason of paragraph 7#a7 of this subsection1 not less than #ej1jjj1jjj shall be reserved for the provision of vouchers pursuant to section #dgg7;h77#b7 of the ,social ,security ,act4 7#c7 ,applicability of technical assistance to additional funds 7,a7 ,in general ,section #dgg7;g77#b7 of the ,social ,security ,act shall apply with respect to the amount made available by reason of paragraph 7#a7 of this subsection as if the amount were included in the amount specified in section #dgg7;h7 of such ,act4 7,b7 ,reservation of funds 7i7 ,in general ,of the amount to which section #dgg7;g77#b7 of the ,social ,security ,act applies by reason of subparagraph 7,a7 of this paragraph1 the ,secretary shall reserve not less than #ejj1jjj to provide technical assistance to a ,state implementing or seeking to implement a driving and transportation program for foster youth4 7ii7 ,provider qualifications ,the ,secretary shall ensure that the entity providing the assistance has demonstrated the capacity to-- 7,i7 successfully administer activities in #a or more ,states to provide driver's licenses to youth who are in foster care under the responsibility of the ,state2 and 7,,ii7 increase the number of such foster youth who obtain a driver's license4 7#d7 ,inapplicability of ,state matching requirement to additional funds ,in making payments under subsections 7a77#d7 and 7e77#a7 of section #dgd of the ,social ,security ,act from the additional funds made available as a result of paragraphs 7#a7 and 7#b7 of this subsection1 the percentages specified in subsections 7a77#d77;,a77i7 and 7e77#a7 of such section are1 respectively1 deemed to be #ajj percent4 7#e7 ,maximum award amount ,the dollar amount specified in section #dgg7;i77#d77;,b7 of the ,social ,security ,act through the end of fiscal year #bjbb is deemed to be #ab1jjj4 7#f7 ,inapplicability of nytd penalty to additional funds ,in calculating any penalty under section #dgg7;e77#b7 of the ,social ,security ,act with respect to the ,national ,youth in ,transition ,database 7,,nytd7 for ,april #a1 #bjbj1 through the end of fiscal year #bjbb1 none of the additional funds made available by reason of paragraphs 7#a7 and 7#b7 of this subsection shall be considered to be part of an allotment to a ,state under section #dgg7;c7 of such ,act4 7b7 ,maximum age limitation on eligibility for assistance ,during fiscal years #bjbj and #bjba1 a child may be eligible for services and assistance under section #dgg of the ,social ,security ,act until the child attains #bg years of age1 notwithstanding any contrary certification made under such section4 7c7 ,special rule ,with respect to funds made available by reason of subsection 7a7 that are used during the ,,covid-#ai public health emergency period to support activities due to the ,,covid-#ai pandemic1 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 youth4 7d7 ,programmatic flexibilities ,during the ,,covid-#ai public health emergency period3 7#a7 ,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 #dgg7;i77#c7 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-#ai public health emergency4 7#b7 ,authority to use vouchers to maintain training and postsecondary education ,a voucher provided under a ,state educational and training voucher program under section #dgg7;i7 of the ,social ,security ,act may be used for maintaining training and postsecondary education1 including less than full-time 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 7#a7 of this subsection4 7#c7 ,authority to waive limitations on percentage of funds used for housing assistance and eligibility for such assistance ,notwithstanding section #dgg7;b77#c77;,b7 of the ,social ,security ,act1 a ,state may use-- 7,a7 more than #cj percent of the amounts paid to the ,state from its allotment under section #dgg7;c77#a7 of such ,act for a fiscal year1 for room or board payments2 and 7,b7 any of such amounts for youth otherwise eligible for services under section #dgg of such ,act who-- 7i7 have attained #ah years of age and not #bg years of age2 and 7ii7 experienced foster care at #ad years of age or older4 7#d7 ,authority to provide driving and transportation assistance 7,a7 ,use of funds ,funds provided under section #dgg of the ,social ,security ,act may be used to provide driving and transportation assistance to youth described in paragraph 7#c77;,b7 who have attained #ae years of age with costs related to obtaining a driver's license and driving lawfully in a ,state 7such as vehicle insurance costs1 driver's education class and testing fees1 practice lessons1 practice hours1 license fees1 roadside assistance1 deductible assistance1 and assistance in purchasing an automobile74 7,b7 ,maximum allowance ,the amount of the assistance provided for each eligible youth under subparagraph 7,a7 shall not exceed #d1jjj per year1 and any assistance so provided shall be disregarded for purposes of determining the recipient's eligibility for1 and the amount of1 any other ,federal or federally-supported assistance1 except that the ,state agency shall take appropriate steps to prevent duplication of benefits under this and other ,federal or federally-supported programs4 7,c7 ,report to the ,congress ,within #f months after the end of the expenditure period1 the ,secretary shall submit to the ,congress a report on the extent to which1 and the manner in which1 the funds to which subsection 7a77#c7 applies were used to provide technical assistance to ,state child welfare programs1 monitor ,state performance and foster youth outcomes1 and evaluate program effectiveness4 #d4 ,preventing aging out of foster care during the pandemic 7a7 ,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 age4 ,a child may not be found ineligible for foster care maintenance payments under section #dgb of such ,act solely due to the age of the child or the failure of the child to meet a condition of section #dge7h77;,b77iv7 of such ,act before ,october #a1 #bjba4 7b7 ,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 7and without regard to whether the ,state has exercised the option provided by section #dge7h77;,b7 of such ,act to extend assistance under such part to older children7 shall-- 7#a7 permit any youth who left foster care due to age during the ,,covid-#ai public health emergency to voluntarily re-enter foster care2 7#b7 provide to each such youth who was formally discharged from foster care during the ,,covid-#ai public health emergency1 a notice designed to make the youth aware of the option to return to foster care2 7#c7 facilitate the voluntary return of any such youth to foster care2 and 7#d7 conduct a public awareness campaign about the option to voluntarily re-enter foster care for youth who have not attained #bb years of age1 who aged out of foster care in fiscal year #bjbj or fiscal year #bjba1 and who are otherwise eligible to return to foster care4 7c7 ,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-- 7#a7 continue to ensure that the safety1 permanence1 and well-being needs of older foster youth1 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 section1 are met2 and 7#b7 work with any youth who remains in foster care after attaining #ah years of age 7or such greater age as the ,state may have elected under section #dge7h77;,b77iii7 of such ,act7 to develop1 or review and revise1 a transition plan consistent with the plan referred to in section #dge7e77;,h7 of such ,act1 and assist the youth with identifying adults who can offer meaningful1 permanent connections4 7d7 ,authority to use additional funding for certain costs incurred to prevent aging out of1 facilitating re-entry to1 and protecting youth in care during the pandemic 7#a7 ,in general ,subject to paragraph 7#b7 of this subsection1 a ,state to which additional funds are made available as a result of section #c7;a7 may use the funds to meet any costs incurred in complying with subsections 7a71 7b71 and 7c7 of this section4 7#b7 ,restrictions 7,a7 ,the costs referred to in paragraph 7#a7 must be incurred after the date of the enactment of this section and before ,october #a1 #bjba4 7,b7 ,the costs of complying with subsection 7a7 or 7c7 of this section must not be incurred on behalf of children eligible for foster care maintenance payments under section #dgb of the ,social ,security ,act1 including youth who have attained #ah years of age who are eligible for the payments by reason of the temporary waiver of the age requirement or the conditions of section #dge7h77;,b77iv7 of such ,act4 7,c7 ,a ,state shall make reasonable efforts to ensure that eligibility for foster care maintenance payments under section #dgb of the ,social ,security ,act is determined when a youth remains in1 or re-enters1 foster care as a result of the ,state complying with subsections 7a7 and 7c7 of this section4 7,d7 ,a child who re-enters care during the ,,covid-#ai public health emergency period may not be found ineligible for foster care maintenance payments under section #dgb of the ,social ,security ,act solely due to age or the requirements of section #dge7h77;,b77iv7 of such ,act before ,october #a1 #bjba4 7e7 ,termination of certain provisions ,the preceding provisions of this section shall have no force or effect after ,september #cj1 #bjba4 #e4 ,family ,first ,prevention ,services ,program pandemic flexibility ,during the ,,covid-#ai public health emergency period1 each percentage specified in subparagraphs 7,a77i7 and 7,b7 of section #dgd7;a77#f7 of the ,social ,security ,act is deemed to be #ajj percent4 #f4 ,emergency funding for the ,marylee ,allen ,promoting ,safe and ,stable ,families ,program 7a7 ,in general ,out of any money in the ,treasury of the ,united ,states not otherwise appropriated1 there are appropriated #he1jjj1jjj to carry out section #dcf7;a7 of the ,social ,security ,act for fiscal year #bjba1 in addition to any amounts otherwise made available for such purpose4 ,for purposes of section #dcf7;b7 of such ,act1 the amount made available by the preceding sentence shall be considered part of the amount specified in such section #dcf7;a74 7b7 ,inapplicability of ,state matching requirement to additional funds ,in making payments under section #dcd7;a7 of the ,social ,security ,act from the additional funds made available as a result of subsection 7a7 of this section1 the percentage specified in section #dcd7;a77#a7 of such ,act is deemed to be #ajj percent4 #g4 ,court ,improvement ,program 7a7 ,reservation of funds ,of the additional amounts made available by reason of section #f of this ,act1 the ,secretary shall reserve #aj1jjj1jjj for grants under subsection 7b7 of this section for fiscal year #bjba1 which shall be considered to be made under section #dch of the ,social ,security ,act4 7b7 ,distribution of funds 7#a7 ,in general ,from the amounts reserved under subsection 7a7 of this section1 the ,secretary shall-- 7,a7 reserve not more than #ejj1jjj for ,tribal court improvement activities2 and 7,b7 from the amount remaining after the application of subparagraph 7,a71 make a grant to each highest ,state court that is approved to receive a grant under section #dch of the ,social ,security ,act for the purpose described in section #dch7;a77#c7 of such ,act1 for fiscal year #bjba4 7#b7 ,amount ,the amount of the grant awarded to a highest ,state court under this subsection shall be the sum of-- 7,a7 #he1jjj2 and 7,b7 the amount that bears the same ratio to the amount reserved under subsection 7a7 that remains after the application of paragraph 7#a77;,a7 and subparagraph 7,a7 of this paragraph1 as the number of individuals in the ,state in which the court is located who have not attained #ba years of age bears to the total number of such individuals in all ,states the highest courts of which were awarded a grant under this subsection 7based on the most recent year for which data are available from the ,bureau of the ,census74 7#c7 ,other rules 7,a7 ,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 #dch of the ,social ,security ,act for any fiscal year4 7,b7 ,no additional application ,the ,secretary shall award grants to the highest ,state courts under this subsection without requiring the courts to submit an additional application4 7,c7 ,reports ,the ,secretary may establish reporting criteria specific to the grants awarded under this subsection4 7,d7 ,redistribution of funds ,if a highest ,state court does not accept a grant awarded under this subsection1 or does not agree to comply with any reporting requirements imposed under subparagraph 7,c7 or the use of funds requirements specified in subsection 7c71 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 requirements4 7,e7 ,no matching requirement ,the limitation on the use of funds specified in section #dch7;d7 of such ,act shall not apply to the grants awarded under this section4 7c7 ,use of funds ,a highest ,state court awarded a grant under subsection 7b7 shall use the grant funds to address needs stemming from the ,,covid-#ai public health emergency1 which may include any of the following3 7#a7 ,technology investments to facilitate the transition to remote hearings for dependency courts when necessary as a direct result of the ,,covid-#ai public health emergency4 7#b7 ,training for judges1 attorneys1 and caseworkers on facilitating and participating in remote hearings that comply with due process and all applicable law1 ensure child safety and well-being1 and help inform judicial decision-making4 7#c7 ,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-#ai public health emergency4 7#d7 ,other purposes to assist courts1 court personnel1 or related staff related to the ,,covid-#ai public health emergency4 7d7 ,conforming amendments ,section #dch of the ,social ,security ,act 7#db ,u4,s4,c4 #fbi;h7 is amended in each of subsections 7c77#a7 and 7d7 by striking #bjba and inserting #bjbb4 #h4 ,kinship navigator programs pandemic flexibility 7a7 ,inapplicability of matching funds requirements ,during the ,,covid-#ai public health emergency period1 the percentage specified in section #dgd7;a77#g7 of the ,social ,security ,act is deemed to be #ajj percent4 7b7 ,waiver of evidence standard ,during the ,,covid-#ai public health emergency period1 the requirement in section #dgd7;a77#g7 of the ,social ,security ,act that the ,secretary determine that a kinship navigator program be operated in accordance with promising1 supported1 or well-supported practices that meet the applicable criteria specified for the practices in section #dga7;e77#d77;,c7 of such ,act shall have no force or effect1 except that each ,state with such a program shall provide the ,secretary with an assurance that the program will be1 or is in the process of being1 evaluated for the purpose of building an evidence base to later determine whether the program meets the criteria set forth in such section #dga7;e77#d77;,c74 7c7 ,other allowable uses of funds ,a ,state may use funds provided to carry out a kinship navigator program-- 7#a7 for evaluations1 independent systematic review1 and related activities2 7#b7 to provide short-term support to kinship families for direct services or assistance during the ,,covid-#ai public health emergency period2 and 7#c7 to ensure that kinship caregivers have the information and resources to allow kinship families to function at their full potential1 including-- 7,a7 ensuring that those who are at risk of contracting ,,covid-#ai have access to information and resources for necessities1 including food1 safety supplies1 and testing and treatment for ,,covid-#ai2 7,b7 access to technology and technological supports needed for remote learning or other activities that must be carried out virtually due to the ,,covid-#ai public health emergency2 7,c7 health care and other assistance1 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 children2 7,d7 services to kinship families1 including kinship families raising children outside of the foster care system2 and 7,e7 assistance to allow children to continue safely living with kin4 7d7 ,territory cap exemption ,section #aajh7;a77#a7 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 section4 #i4 ,adjustment of funding certainty baselines for ,family ,first ,transition ,act funding certainty grants ,section #fjb7;c77#b7 of division ,n of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id7 is amended-- 7#a7 in subparagraph 7,c71 in the matter preceding clause 7i71 by striking ,the calculation and inserting ,except as provided in subparagraph 7,g71 the calculation2 and 7#b7 by adding at the end the following3 7,g7 ,adjustment of funding certainty baselines 7i7 ,hold harmless for temporary increase in fmap ,for each fiscal year specified in subparagraph 7,b71 the ,secretary shall increase the maximum capped allocation for fiscal year #bjai or the final cost neutrality limit for fiscal year #bjah for a ,state or sub-,state jurisdiction referred to in subparagraph 7,a77i71 by the amount equal to the difference between-- 7,i7 the amount of the foster care maintenance payments portion of such maximum capped allocation or final cost neutrality limit2 and 7,,ii7 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 7ii7 for the fiscal year so specified were used to determine the amount of such portion4 7ii7 ,applicable ,federal medical assistance percentage ,for purposes of clause 7i77,,ii71 the ,federal medical assistance percentage applicable to a ,state for a fiscal year specified in subparagraph 7,b7 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 #dgd7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fgd7;a77#a77 after application of any temporary increase in the ,federal medical assistance percentage for the ,state and quarter under section #fjjh of the ,families ,first ,coronavirus ,response ,act 7#db ,u4,s4,c4 #acif;d note7 and any other ,federal legislation enacted during the period that begins on ,july #a1 #bjbj1 and ends on ,december #ca1 #bjba4 4 #aj4 ,allowing home visiting programs to continue serving families safely 7a7 ,in general ,for purposes of section #eaa of the ,social ,security ,act1 during the ,,covid-#ai public health emergency period-- 7#a7 a virtual home visit shall be considered a home visit2 7#b7 funding for1 and staffing levels of1 a program conducted pursuant to such section shall not be reduced on account of reduced enrollment in the program2 and 7#c7 funds provided for such a program may be used-- 7,a7 to train home visitors in conducting a virtual home visit and in emergency preparedness and response planning for families served1 and may include training on how to safely conduct intimate partner violence screenings remotely1 training on safety and planning for families served2 7,b7 for the acquisition by families enrolled in the program of such technological means as are needed to conduct and support a virtual home visit2 and 7,c7 to provide emergency supplies to families served1 regardless of whether the provision of such supplies is within the scope of the approved program1 such as diapers1 formula1 non-perishable food1 water1 hand soap1 and hand sanitizer4 7b7 ,virtual home visit defined ,in subsection 7a71 the term virtual home visit means a home visit1 as described in an applicable service delivery model1 that is conducted solely by the use of electronic information and telecommunications technologies4 7c7 ,authority to delay deadlines 7#a7 ,in general ,the ,secretary may extend the deadline by which a requirement of section #eaa of the ,social ,security ,act must be met1 by such period of time as the ,secretary deems appropriate1 taking into consideration the impact of the ,,covid-#ai public health emergency on eligible entity home visiting programs and the impact of families enrolled in home visiting programs4 ,the ,secretary may delay the deadline for submission1 waive performance measures1 or allow for alternative data sources to be used to show improvement in performance in the manner provided in section #eaa7;d77#a7 of such ,act4 7#b7 ,delay of deadline for statewide needs assessment ,the ,secretary may delay the ,october #a1 #bjbj1 deadline for reviewing and updating any needs assessment required by section #eaa7;b77#a7 or #eaa7;h77#b77;,a7 of the ,social ,security ,act1 but any such delay shall not affect the timing for1 or amount of1 any payment to the ,state involved from the fiscal year allotments available to the ,state under section #ejb7;c7 of such ,act4 7#c7 ,guidance ,the ,secretary shall provide to eligible entities funded under section #eaa of the ,social ,security ,act information on the parameters used in extending a deadline under paragraph 7#a7 or 7#b7 of this subsection4 7d7 ,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 ,act4 #aa4 ,technical correction to temporary increase of ,medicaid ,,fmap ,section #fjjh of the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg7 is amended by adding at the end the following3 7d7 ,application to title ,,iv-,e payments ,if the ,district of ,columbia receives the increase described in subsection 7a7 in the ,federal medical assistance percentage for the ,district of ,columbia with respect to a quarter1 the ,federal medical assistance percentage for the ,district of ,columbia1 as so increased1 shall apply to payments made to the ,district of ,columbia under part ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fgj et seq47 for that quarter1 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 7#db ,u4,s4,c4 #acif et seq47 and as increased under subsection 7a74 4 ,y ,american ,miner ,benefits ,improvement #a4 ,short title ,this division may be cited as the ,american ,miner ,benefits ,improvement ,act of #bjbj4 #b4 ,transfers to #aigd,,umwa pension plan 7a7 ,in general ,section #djb7;h77#b77;,c77ii7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;h77#b77;,c77ii77 is amended-- 7#a7 by striking the ,bipartisan ,american ,miners ,act of #bjai each place it appears and inserting the ,american ,miner ,benefits ,improvement ,act of #bjbj1 7#b7 by striking or #bjai in subclause 7,,ii7 and inserting #bjai1 or any year thereafter1 7#c7 by inserting before 2 and in subclause 7,,ii7 the following3 7or1 in the case of any such health benefits confirmed in any bankruptcy proceeding1 would be subsequently denied or reduced71 and 7#d7 by striking ,january #a1 #bjai in the second sentence and inserting ,january #a1 #bjbj4 7b7 ,increase in limitation to account for calculation of health benefit plan excess ,section #djb7;i77#c7 of such ,act 7#cj ,u4,s4,c4 #abcb7;i77#c77 is amended by adding at the end the following new subparagraph3 7,c7 ,increase in limitation to account for calculation of health benefit plan excess ,the dollar limitation under subparagraph 7,a7 shall be increased by the amount of the cost to provide benefits which are taken into account under subsection 7h77#b77;,c77ii7 solely by reason of the amendments made by section #b7;a7 of the ,american ,miner ,benefits ,improvement ,act of #bjbj4 4 7c7 ,application 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall take effect on the date of the enactment of this ,act4 7#b7 ,subsection 7a77#c7 ,the amendment made by subsection 7a77#c7 shall apply to denials and reductions after ,december #ca1 #bjai4 ,z ,energy ,act of #bjbj #aja4 ,short title2 table of contents 7a7 ,short title ,this division may be cited as the ,energy ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,division ,z--,energy ,act of #bjbj ,sec4 #aja4 ,short title2 table of contents4 ,title ,i--,efficiency ,sec4 #ajja4 ,coordination of energy retrofitting assistance for schools4 ,sec4 #ajjb4 ,use of energy and water efficiency measures in ,federal buildings4 ,sec4 #ajjc4 ,energy efficient data centers4 ,sec4 #ajjd4 ,energy-efficient and energy-saving information technologies4 ,sec4 #ajje4 ,extended ,product ,system ,rebate ,program4 ,sec4 #ajjf4 ,energy ,efficient ,transformer ,rebate ,program4 ,sec4 #ajjg4 ,smart building acceleration4 ,sec4 #ajjh4 ,modifications to the ceiling fan energy conservation standard4 ,sec4 #ajji4 ,report on electrochromic glass4 ,sec4 #ajaj4 ,energy and water for sustainability4 ,sec4 #ajaa4 ,weatherization ,assistance ,program4 ,sec4 #ajab4 ,federal ,energy ,management ,program4 ,sec4 #ajac4 ,,chp ,technical ,assistance ,partnership ,program4 ,sec4 #ajad4 ,smart energy water efficiency pilot program4 ,title ,,ii--,nuclear ,sec4 #bjja4 ,advanced ,nuclear ,fuel ,availability4 ,sec4 #bjjb4 ,amendments to definitions in ,energy ,policy ,act of #bjje4 ,sec4 #bjjc4 ,nuclear energy research1 development1 demonstration1 and commercial application programs4 ,sec4 #bjjd4 ,high-performance computation collaborative research program4 ,sec4 #bjje4 ,nuclear energy budget plan4 ,sec4 #bjjf4 ,organization and administration of programs4 ,sec4 #bjjg4 ,extension and expansion of limitations on importation of uranium from ,russian ,federation4 ,sec4 #bjjh4 ,fusion energy research4 ,title ,,iii--,renewable ,energy and ,storage ,subtitle ,a--,renewable ,energy ,research and ,development ,sec4 #cjja4 ,water power research and development4 ,sec4 #cjjb4 ,advanced geothermal innovation leadership4 ,sec4 #cjjc4 ,wind energy research and development4 ,sec4 #cjjd4 ,solar energy research and development4 ,sec4 #cjje4 ,hydroelectric production incentives and efficiency improvements4 ,sec4 #cjjf4 ,conforming amendments4 ,subtitle ,b--,natural ,resources ,provisions ,sec4 #caja4 ,definitions4 ,sec4 #cajb4 ,program to improve eligible project permit coordination4 ,sec4 #cajc4 ,increasing economic certainty4 ,sec4 #cajd4 ,national goal for renewable energy production on ,federal land4 ,sec4 #caje4 ,facilitation of coproduction of geothermal energy on oil and gas leases4 ,sec4 #cajf4 ,savings clause4 ,subtitle ,c--,energy ,storage ,sec4 #cbja4 ,better energy storage technology4 ,sec4 #cbjb4 ,energy storage technology and microgrid assistance program4 ,title ,,iv--,carbon ,management ,sec4 #djja4 ,fossil energy4 ,sec4 #djjb4 ,establishment of carbon capture technology program4 ,sec4 #djjc4 ,carbon storage validation and testing4 ,sec4 #djjd4 ,carbon utilization program4 ,sec4 #djje4 ,high efficiency turbines4 ,sec4 #djjf4 ,national energy technology laboratory reforms4 ,sec4 #djjg4 ,study on ,blue ,hydrogen ,technology4 ,sec4 #djjh4 ,produced water research and development4 ,title ,v--,carbon ,removal ,sec4 #ejja4 ,carbon removal4 ,sec4 #ejjb4 ,carbon dioxide removal task force and report4 ,title ,,vi--,industrial and ,manufacturing ,technologies ,sec4 #fjja4 ,purpose4 ,sec4 #fjjb4 ,coordination of research and development of energy efficient technologies for industry4 ,sec4 #fjjc4 ,industrial emissions reduction technology development program4 ,sec4 #fjjd4 ,industrial ,technology ,innovation ,advisory ,committee4 ,sec4 #fjje4 ,technical assistance program to implement industrial emissions reduction4 ,sec4 #fjjf4 ,development of national smart manufacturing plan4 ,title ,,vii--,critical ,minerals ,sec4 #gjja4 ,rare earth elements4 ,sec4 #gjjb4 ,mineral security4 ,sec4 #gjjc4 ,monitoring mineral investments under ,belt and ,road ,initiative of ,people's ,republic of ,china4 ,title ,,viii--,grid ,modernization ,sec4 #hjja4 ,smart grid regional demonstration initiative4 ,sec4 #hjjb4 ,smart grid modeling1 visualization1 architecture1 and controls4 ,sec4 #hjjc4 ,integrated energy systems4 ,sec4 #hjjd4 ,grid integration research and development4 ,sec4 #hjje4 ,advisory committee4 ,sec4 #hjjf4 ,coordination of efforts4 ,sec4 #hjjg4 ,technology demonstration on the distribution grid4 ,sec4 #hjjh4 ,voluntary model pathways4 ,sec4 #hjji4 ,performance metrics for electricity infrastructure providers4 ,sec4 #hjaj4 ,voluntary ,state1 regional1 and local electricity distribution planning4 ,sec4 #hjaa4 ,micro-grid and integrated micro-grid systems program4 ,sec4 #hjab4 ,technical amendments2 authorization of appropriations4 ,sec4 #hjac4 ,indian energy4 ,sec4 #hjad4 ,report on electricity access and reliability4 ,sec4 #hjae4 ,net metering study and evaluation4 ,title ,,ix--,department of ,energy ,innovation ,sec4 #ijja4 ,office of technology transitions4 ,sec4 #ijjb4 ,lab partnering service pilot program4 ,sec4 #ijjc4 ,technology commercialization fund4 ,sec4 #ijjd4 ,streamlining prize competitions4 ,sec4 #ijje4 ,milestone-based demonstration projects4 ,sec4 #ijjf4 ,other transaction authority extension4 ,sec4 #ijjg4 ,technology transfer reports and evaluation4 ,sec4 #ijjh4 ,veterans' health initiative4 ,sec4 #ijji4 ,sustainable ,transportation ,research and ,development4 ,sec4 #ijaj4 ,loan program office title ,,xvii reform4 ,sec4 #ijaa4 ,established ,program to ,stimulate ,competitive ,research4 ,title ,x--,,arpa-,e ,amendments ,sec4 #ajjja4 ,,arpa-,e amendments4 ,title ,,xi--,other ,matters ,sec4 #aajja4 ,low-,dose ,radiation ,research4 ,sec4 #aajjb4 ,authorization4 ,sec4 #aajjc4 ,sense of ,congress4 ,sec4 #aajjd4 ,addressing insufficient compensation of employees and other personnel of the ,federal ,energy ,regulatory ,commission4 ,sec4 #aajje4 ,report on the authority of the ,secretary of ,energy to implement flexible compensation models4 ,i ,efficiency #ajja4 ,coordination of energy retrofitting assistance for schools 7a7 ,definition of school ,in this section1 the term school means-- 7#a7 an elementary school or secondary school 7as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja772 7#b7 an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7772 7#c7 a postsecondary vocational institution 7as defined in section #ajb7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;c7772 7#d7 a school of the defense dependents' education system under the ,defense ,dependents' ,education ,act of #aigh 7#bj ,u4,s4,c4 #iba et seq47 or established under section #bafd of title #aj1 ,united ,states ,code2 7#e7 a school operated by the ,bureau of ,indian ,education2 7#f7 a tribally controlled school 7as defined in section #ebab of the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beaa772 and 7#g7 a ,tribal ,college or ,university 7as defined in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b7774 7b7 ,designation of lead agency ,the ,secretary of ,energy 7in this section referred to as the ,secretary71 acting through the ,office of ,energy ,efficiency and ,renewable ,energy1 shall act as the lead ,federal agency for coordinating and disseminating information on existing ,federal programs and assistance that may be used to help initiate1 develop1 and finance energy efficiency1 renewable energy1 and energy retrofitting projects for schools4 7c7 ,requirements ,in carrying out coordination and outreach under subsection 7b71 the ,secretary shall-- 7#a7 in consultation and coordination with the appropriate ,federal agencies1 carry out a review of existing programs and financing mechanisms 7including revolving loan funds and loan guarantees7 available in or from the ,department of ,agriculture1 the ,department of ,energy1 the ,department of ,education1 the ,department of the ,treasury1 the ,internal ,revenue ,service1 the ,environmental ,protection ,agency1 and other appropriate ,federal agencies with jurisdiction over energy financing and facilitation that are currently used or may be used to help initiate1 develop1 and finance energy efficiency1 renewable energy1 and energy retrofitting projects for schools2 7#b7 establish a ,federal cross-departmental collaborative coordination1 education1 and outreach effort to streamline communication and promote available ,federal opportunities and assistance described in paragraph 7#a71 for energy efficiency1 renewable energy1 and energy retrofitting projects that enables ,states1 local educational agencies1 and schools-- 7,a7 to use existing ,federal opportunities more effectively2 and 7,b7 to form partnerships with ,governors1 ,state energy programs1 local educational1 financial1 and energy officials1 ,state and local government officials1 nonprofit organizations1 and other appropriate entities1 to support the initiation of the projects2 7#c7 provide technical assistance for ,states1 local educational agencies1 and schools to help develop and finance energy efficiency1 renewable energy1 and energy retrofitting projects-- 7,a7 to increase the energy efficiency of buildings or facilities2 7,b7 to install systems that individually generate energy from renewable energy resources2 7,c7 to establish partnerships to leverage economies of scale and additional financing mechanisms available to larger clean energy initiatives2 or 7,d7 to promote-- 7i7 the maintenance of health1 environmental quality1 and safety in schools1 including the ambient air quality1 through energy efficiency1 renewable energy1 and energy retrofit projects2 and 7ii7 the achievement of expected energy savings and renewable energy production through proper operations and maintenance practices2 7#d7 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 ,states1 local educational agencies1 and schools to effectively access and use ,federal opportunities and assistance described in paragraph 7#a7 to develop energy efficiency1 renewable energy1 and energy retrofitting projects2 and 7#e7 establish a process for recognition of schools that-- 7,a7 have successfully implemented energy efficiency1 renewable energy1 and energy retrofitting projects2 and 7,b7 are willing to serve as resources for other local educational agencies and schools to assist initiation of similar efforts4 7d7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the implementation of this section4 #ajjb4 ,use of energy and water efficiency measures in ,federal buildings 7a7 ,reports ,section #edh7;b7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbeh7;b77 is amended-- 7#a7 in paragraph 7#c71 by striking and at the end2 7#b7 in paragraph 7#d71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#e7 7,a7 the status of the energy savings performance contracts and utility energy service contracts of each agency1 to the extent that the information is not duplicative of information provided to the ,secretary under a separate authority2 7,b7 the quantity and investment value of the contracts for the previous year2 7,c7 the guaranteed energy savings1 or for contracts without a guarantee1 the estimated energy savings1 for the previous year1 as compared to the measured energy savings for the previous year2 7,d7 a forecast of the estimated quantity and investment value of contracts anticipated in the following year for each agency2 and 7,e7 7i7 a comparison of the information described in subparagraph 7,b7 and the forecast described in subparagraph 7,d7 in the report of the previous year2 and 7ii7 if applicable1 the reasons for any differences in the data compared under clause 7i74 4 7b7 ,definition of energy conservation measures ,section #eea7d7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbei7d77 is amended by striking or retrofit activities and inserting retrofit activities1 or energy consuming devices and required support structures4 7c7 ,authority to enter into contracts ,section #hja7;a77#b77;,f7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbhg7;a77#b77;,f77 is amended-- 7#a7 in clause 7i71 by striking or at the end2 7#b7 in clause 7ii71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7iii7 limit the recognition of operation and maintenance savings associated with systems modernized or replaced with the implementation of energy conservation measures1 water conservation measures1 or any combination of energy conservation measures and water conservation measures4 4 7d7 ,miscellaneous authority2 excluded contracts ,section #hja7;a77#b7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbhg7;a77#b77 is amended by adding at the end the following3 7,h7 ,miscellaneous authority ,notwithstanding subtitle ,i of title #dj1 ,united ,states ,code1 a ,federal agency may accept1 retain1 sell1 or transfer1 and apply the proceeds of the sale or transfer of1 any energy and water incentive1 rebate1 grid services revenue1 or credit 7including a renewable energy certificate7 to fund a contract under this title4 7,i7 ,excluded contracts ,a contract entered into under this title may not be for work performed-- 7i7 at a ,federal hydroelectric facility that provides power marketed by a ,power ,marketing ,administration2 or 7ii7 at a hydroelectric facility owned and operated by the ,tennessee ,valley ,authority established under the ,tennessee ,valley ,authority ,act of #aicc 7#af ,u4,s4,c4 #hca et seq474 4 7e7 ,payment of costs ,section #hjb of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbhg;a7 is amended by striking 7and related operation and maintenance expenses7 and inserting 1 including related operations and maintenance expenses4 7f7 ,definition of energy savings ,section #hjd7b7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbhg;c7#b77 is amended-- 7#a7 in subparagraph 7,a71 by striking federally owned building or buildings or other federally owned facilities and inserting ,federal building 7as defined in section #eea7 each place it appears2 7#b7 in subparagraph 7,c71 by striking 2 and and inserting a semicolon2 7#c7 in subparagraph 7,d71 by striking the period at the end and inserting a semicolon2 and 7#d7 by adding at the end the following3 7,e7 the use1 sale1 or transfer of any energy and water incentive1 rebate1 grid services revenue1 or credit 7including a renewable energy certificate72 and 7,f7 any revenue generated from a reduction in energy or water use1 more efficient waste recycling1 or additional energy generated from more efficient equipment4 4 7g7 ,energy and water conservation measures ,section #edc of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec7 is amended-- 7#a7 in the section heading1 by inserting and ,water after ,energy2 7#b7 in subsection 7b7-- 7,a7 in the subsection heading1 by inserting and water after energy2 and 7,b7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,in general ,each agency shall-- 7,a7 not later than ,october #a1 #bjbb1 to the maximum extent practicable1 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 7as defined in subsection 7f77#a772 and 7,b7 complete the installation described in subparagraph 7,a7 as soon as practicable after the date referred to in that subparagraph4 7#b7 ,explanation of noncompliance 7,a7 ,in general ,if an agency fails to comply with paragraph 7#a71 the agency shall submit to the ,secretary1 using guidelines developed by the ,secretary1 an explanation of the reasons for the failure4 7,b7 ,report to ,congress ,not later than ,january #a1 #bjbb1 and every #b years thereafter1 the ,secretary shall submit to ,congress a report that describes any noncompliance by an agency with the requirements of paragraph 7#a74 2 7#c7 in subsection 7c77#a7-- 7,a7 in subparagraph 7,a7-- 7i7 in the matter preceding clause 7i71 by striking ,an agency and inserting ,the head of each agency2 and 7ii7 by inserting or water after energy each place it appears2 and 7,b7 in subparagraph 7,b77i71 by inserting or water after energy2 7#d7 in subsection 7d77#b71 by inserting and water after energy2 7#e7 in subsection 7e7-- 7,a7 in the subsection heading1 by inserting and ,water after ,energy2 7,b7 in paragraph 7#a7-- 7i7 in the first sentence-- 7,i7 by striking ,october #a1 #bjab and inserting ,october #a1 #bjbb2 7,,ii7 by inserting and water after energy2 and 7,,iii7 by inserting and water after electricity2 7ii7 in the second sentence1 by inserting and water after electricity2 and 7iii7 in the fourth sentence1 by inserting and water after energy2 7,c7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking and before ,federal2 and 7,,ii7 by inserting and any other person the ,secretary deems necessary1 before shall2 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i77,,ii71 by inserting and water after energy each place it appears2 7,,ii7 in clause 7ii71 by inserting and water after energy2 and 7,,iii7 in clause 7iv71 by inserting and water after energy2 and 7iii7 by adding at the end the following3 7,c7 ,update ,not later than #ahj days after the date of enactment of this subparagraph1 the ,secretary shall update the guidelines established under subparagraph 7,a7 to take into account water efficiency requirements under this section4 2 7,d7 in paragraph 7#c71 in the matter preceding subparagraph 7,a71 by striking established under paragraph 7#b7 and inserting updated under paragraph 7#b77;,c72 and 7,e7 in paragraph 7#d7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking this paragraph and inserting the ,energy ,act of #bjbj2 and 7,,ii7 by inserting and water before use in2 and 7ii7 in subparagraph 7,b77ii71 in the matter preceding subclause 7,i71 by inserting and water after energy2 and 7#f7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 by redesignating subparagraphs 7,e71 7,f71 and 7,g7 as subparagraphs 7,f71 7,g71 and 7,h71 respectively2 and 7ii7 by inserting after subparagraph 7,d7 the following3 7,e7 ,ongoing commissioning ,the term ongoing commissioning means an ongoing process of commissioning using monitored data1 the primary goal of which is to ensure continuous optimum performance of a facility1 in accordance with design or operating needs1 over the useful life of the facility1 while meeting facility occupancy requirements4 2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by inserting and water before use2 7ii7 in subparagraph 7,b7-- 7,i7 by striking energy before efficiency2 and 7,,ii7 by inserting or water before use2 and 7iii7 by adding at the end the following3 7,c7 ,energy management system ,an energy manager designated for a facility under subparagraph 7,a7 shall take into consideration-- 7i7 the use of a system to manage energy and water use at the facility2 and 7ii7 the applicability of the certification of the facility in accordance with the ,international ,organization for ,standardization standard numbered #ejjja and entitled ,energy ,management ,systems4 2 7,c7 by striking paragraphs 7#c7 and 7#d7 and inserting the following3 7#c7 ,energy and water evaluations and commissioning 7,a7 ,evaluations ,except as provided in subparagraph 7,b71 not later than the date that is #ahj days after the date of enactment of the ,energy ,act of #bjbj1 and annually thereafter1 each energy manager shall complete1 for the preceding calendar year1 a comprehensive energy and water evaluation and recommissioning or retrocommissioning for approximately #be percent of the facilities of the applicable agency that meet the criteria under paragraph 7#b77;,b7 in a manner that ensures that an evaluation of each facility is completed not less frequently than once every #d years4 7,b7 ,exceptions ,an evaluation and recommissioning or retrocommissioning shall not be required under subparagraph 7,a7 with respect to a facility that1 as of the date on which the evaluation and recommissioning or retrocommissioning would occur-- 7i7 has had a comprehensive energy and water evaluation during the preceding #h-year period2 7ii7 7,i7 has been commissioned1 recommissioned1 or retrocommissioned during the preceding #aj-year period2 or 7,,ii7 is under ongoing commissioning1 recommissioning1 or retrocomissioning2 7iii7 has not had a major change in function or use since the previous evaluation and recommissioning or retrocommissioning2 7iv7 has been benchmarked with public disclosure under paragraph 7#h7 during the preceding calendar year2 and 7v7 7,i7 based on the benchmarking described in clause 7iv71 has achieved at a facility level the most recent cumulative energy savings target under subsection 7a7 compared to the earlier of-- 7aa7 the date of the most recent evaluation2 or 7bb7 the date-- 7,,aa7 of the most recent commissioning1 recommissioning1 or retrocommissioning2 or 7,,bb7 on which ongoing commissioning began2 or 7,,ii7 has a long-term contract in place guaranteeing energy savings at least as great as the energy savings target under subclause 7,i74 7#d7 ,implementation of identified energy and water efficiency measures 7,a7 ,in general ,not later than #b years after the date of completion of each evaluation under paragraph 7#c71 each energy manager shall implement any energy- or water-saving measure that-- 7i7 the ,federal agency identified in the evaluation2 and 7ii7 is life cycle cost-effective1 as determined by evaluating an individual measure or a bundle of measures with varying paybacks4 7,b7 ,performance contracting ,each ,federal agency shall use performance contracting to address at least #ej percent of the measures identified under subparagraph 7,a77i74 2 7,d7 in paragraph 7#g77;,b77ii77,,ii71 by inserting and water after energy2 and 7,e7 in paragraph 7#i77;,a71 in the matter preceding clause 7i71 by inserting and water after energy4 7h7 ,conforming amendment ,the table of contents for the ,national ,energy ,conservation ,policy ,act 7,public ,law #ie-fai2 #ib ,stat4 #cbjf7 is amended by striking the item relating to section #edc and inserting the following3 ,sec4 #edc4 ,energy and water management requirements4 4 #ajjc4 ,energy efficient data centers ,section #dec of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaab7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#b77;,d77iv71 by striking determined by the organization and inserting proposed by the stakeholders2 and 7,b7 by striking paragraph 7#c72 and 7#b7 by striking subsections 7c7 through 7g7 and inserting the following3 7c7 ,stakeholder involvement 7#a7 ,in general ,the ,secretary and the ,administrator shall carry out subsection 7b7 in collaboration with the information technology industry and other key stakeholders1 with the goal of producing results that accurately reflect the most relevant and useful information4 7#b7 ,considerations ,in carrying out the collaboration described in paragraph 7#a71 the ,secretary and the ,administrator shall pay particular attention to organizations that-- 7,a7 have members with expertise in energy efficiency and in the development1 operation1 and functionality of data centers1 information technology equipment1 and software1 including representatives of hardware manufacturers1 data center operators1 and facility managers2 7,b7 obtain and address input from the ,national ,laboratories 7as that term is defined in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja77 or any institution of higher education1 research institution1 industry association1 company1 or public interest group with applicable expertise2 7,c7 follow-- 7i7 commonly accepted procedures for the development of specifications2 and 7ii7 accredited standards development processes2 or 7,d7 have a mission to promote energy efficiency for data centers and information technology4 7d7 ,measurements and specifications ,the ,secretary and the ,administrator shall consider and assess the adequacy of the specifications1 measurements1 best practices1 and benchmarks described in subsection 7b7 for use by the ,federal ,energy ,management ,program1 the ,energy ,star ,program1 and other efficiency programs of the ,department of ,energy or the ,environmental ,protection ,agency4 7e7 ,study 7#a7 ,definition of report ,in this subsection1 the term report means the report of the ,lawrence ,berkeley ,national ,laboratory entitled #8,united ,states ,data ,center ,energy ,usage ,report' and dated ,june #bjaf1 which was prepared as an update to the ,report to ,congress on ,server and ,data ,center ,energy ,efficiency1 published on ,august #b1 #bjjg1 pursuant to section #a of ,public ,law #aji-dca 7#abj ,stat4 #bibj74 7#b7 ,study ,not later than #d years after the date of enactment of the ,energy ,act of #bjbj1 the ,secretary1 in collaboration with the ,administrator1 shall make available to the public an update to the report that provides-- 7,a7 a comparison and gap analysis of the estimates and projections contained in the report with new data regarding the period from #bjae through #bjai2 7,b7 an analysis considering the impact of information technologies1 including virtualization and cloud computing1 in the public and private sectors2 7,c7 an evaluation of the impact of the combination of cloud platforms1 mobile devices1 social media1 and big data on data center energy usage2 7,d7 an evaluation of water usage in data centers and recommendations for reductions in that water usage2 and 7,e7 updated projections and recommendations for best practices through fiscal year #bjbe4 7f7 ,data center energy practitioner program 7#a7 ,in general ,the ,secretary1 in collaboration with key stakeholders and the ,director of the ,office of ,management and ,budget1 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 centers4 7#b7 ,evaluations ,each ,federal agency shall consider having the data centers of the agency evaluated once every #d years by energy practitioners certified pursuant to the program1 whenever practicable using certified practitioners employed by the agency4 7g7 ,open data initiative 7#a7 ,in general ,the ,secretary1 in collaboration with key stakeholders and the ,director of the ,office of ,management and ,budget1 shall establish an open data initiative relating to energy usage at federally owned and operated data centers1 with the purpose of making the data available and accessible in a manner that encourages further data center innovation1 optimization1 and consolidation4 7#b7 ,consideration ,in establishing the initiative under paragraph 7#a71 the ,secretary shall consider using the online ,data ,center ,maturity ,model4 7h7 ,international specifications and metrics ,the ,secretary1 in collaboration with key stakeholders1 shall actively participate in efforts to harmonize global specifications and metrics for data center energy and water efficiency4 7i7 ,data center utilization metric ,the ,secretary1 in collaboration with key stakeholders1 shall facilitate in the development of an efficiency metric that measures the energy efficiency of a data center 7including equipment and facilities74 7j7 ,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 section4 4 #ajjd4 ,energy-efficient and energy-saving information technologies ,section #edc of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec7 is amended by adding at the end the following3 7h7 ,federal ,implementation ,strategy for ,energy-,efficient and ,energy-,saving ,information ,technologies 7#a7 ,definitions ,in this subsection3 7,a7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7,b7 ,information technology ,the term information technology has the meaning given that term in section #aaaja of title #dj1 ,united ,states ,code4 7#b7 ,development of implementation strategy ,not later than #a year after the date of enactment of the ,energy ,act of #bjbj1 each ,federal agency shall coordinate with the ,director1 the ,secretary1 and the ,administrator of the ,environmental ,protection ,agency to develop an implementation strategy 7including best-practices and measurement and verification techniques7 for the maintenance1 purchase1 and use by the ,federal agency of energy-efficient and energy-saving information technologies at or for facilities owned and operated by the ,federal agency1 taking into consideration the performance goals established under paragraph 7#d74 7#c7 ,administration ,in developing an implementation strategy under paragraph 7#b71 each ,federal agency shall consider-- 7,a7 advanced metering infrastructure2 7,b7 energy efficient data center strategies and methods of increasing asset and infrastructure utilization2 7,c7 advanced power management tools2 7,d7 building information modeling1 including building energy management2 7,e7 secure telework and travel substitution tools2 and 7,f7 mechanisms to ensure that the agency realizes the energy cost savings of increased efficiency and utilization4 7#d7 ,performance goals 7,a7 ,in general ,not later than #ahj days after the date of enactment of the ,energy ,act of #bjbj1 the ,director1 in consultation with the ,secretary1 shall establish performance goals for evaluating the efforts of ,federal agencies in improving the maintenance1 purchase1 and use of energy-efficient and energy-saving information technology at or for facilities owned and operated by the ,federal agencies4 7,b7 ,best practices ,the ,chief ,information ,officers ,council established under section #cfjc of title #dd1 ,united ,states ,code1 shall recommend best practices for the attainment of the performance goals established under subparagraph 7,a71 which shall include1 to the extent applicable by law1 consideration by a ,federal agency of the use of-- 7i7 energy savings performance contracting2 and 7ii7 utility energy services contracting4 7#e7 ,reports 7,a7 ,agency reports ,each ,federal agency shall include in the report of the agency under section #ebg of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agadc7 a description of the efforts and results of the agency under this subsection4 7,b7 ,,omb ,government efficiency reports and scorecards ,effective beginning not later than ,october #a1 #bjbb1 the ,director shall include in the annual report and scorecard of the ,director required under section #ebh of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agadd7 a description of the efforts and results of ,federal agencies under this subsection4 7,c7 ,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 #bjbj4 4 #ajje4 ,extended ,product ,system ,rebate ,program 7a7 ,definitions ,in this section3 7#a7 ,electric motor ,the term electric motor has the meaning given the term in section #dca4ab of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#b7 ,electronic control ,the term electronic control means-- 7,a7 a power converter2 or 7,b7 a combination of a power circuit and control circuit included on #a chassis4 7#c7 ,extended product system ,the term extended product system means an electric motor and any required associated electronic control and driven load that-- 7,a7 offers variable speed or multispeed operation2 7,b7 offers partial load control that reduces input energy requirements 7as measured in kilowatt-hours7 as compared to identified base levels set by the ,secretary of ,energy 7in this section referred to as the ,secretary72 and 7,c7 7i7 has greater than #a horsepower2 and 7ii7 uses an extended product system technology1 as determined by the ,secretary4 7#d7 ,qualified extended product system 7,a7 ,in general ,the term qualified extended product system means an extended product system that-- 7i7 includes an electric motor and an electronic control2 and 7ii7 reduces the input energy 7as measured in kilowatt-hours7 required to operate the extended product system by not less than #e percent1 as compared to identified base levels set by the ,secretary4 7,b7 ,inclusions ,the term qualified extended product system includes commercial or industrial machinery or equipment that-- 7i7 7,i7 did not previously make use of the extended product system prior to the redesign described in subclause 7,,ii72 and 7,,ii7 incorporates an extended product system that has greater than #a horsepower into redesigned machinery or equipment2 and 7ii7 was previously used prior to1 and was placed back into service during1 calendar year #bjba or #bjbb4 7b7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 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 system4 7c7 ,qualified entities 7#a7 ,eligibility requirements ,a qualified entity under this section shall be-- 7,a7 in the case of a qualified extended product system described in subsection 7a77#d77;,a71 the purchaser of the qualified extended product that is installed2 and 7,b7 in the case of a qualified extended product system described in subsection 7a77#d77;,b71 the manufacturer of the commercial or industrial machinery or equipment that incorporated the extended product system into that machinery or equipment4 7#b7 ,application ,to be eligible to receive a rebate under this section1 a qualified entity shall submit to the ,secretary-- 7,a7 an application in such form1 at such time1 and containing such information as the ,secretary may require2 and 7,b7 a certification that includes demonstrated evidence-- 7i7 that the entity is a qualified entity2 and 7ii7 7,i7 in the case of a qualified entity described in paragraph 7#a77;,a7-- 7aa7 that the qualified entity installed the qualified extended product system during the #b fiscal years following the date of enactment of this ,act2 7bb7 that the qualified extended product system meets the requirements of subsection 7a77#d77;,a72 and 7cc7 showing the serial number1 manufacturer1 and model number from the nameplate of the installed motor of the qualified entity on which the qualified extended product system was installed2 or 7,,ii7 in the case of a qualified entity described in paragraph 7#a77;,b71 demonstrated evidence-- 7aa7 that the qualified extended product system meets the requirements of subsection 7a77#d77;,b72 and 7bb7 showing the serial number1 manufacturer1 and model number from the nameplate of the installed motor of the qualified entity with which the extended product system is integrated4 7d7 ,authorized amount of rebate 7#a7 ,in general ,the ,secretary may provide to a qualified entity a rebate in an amount equal to the product obtained by multiplying-- 7,a7 an amount equal to the sum of the nameplate rated horsepower of-- 7i7 the electric motor to which the qualified extended product system is attached2 and 7ii7 the electronic control2 and 7,b7 #be4 7#b7 ,maximum aggregate amount ,a qualified entity shall not be entitled to aggregate rebates under this section in excess of #be1jjj per calendar year4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #e1jjj1jjj for each of fiscal years #bjbb and #bjbc4 #ajjf4 ,energy ,efficient ,transformer ,rebate ,program 7a7 ,definitions ,in this section3 7#a7 ,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 7b77#b7 and paragraphs 7#a7 and 7#b7 of subsection 7c7 of section #dca4aif of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#b7 ,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 7b77#b7 and paragraphs 7#a7 and 7#b7 of subsection 7c7 of section #dca4aif of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act7 that-- 7,a7 does not meet or exceed the applicable energy conservation standards described in paragraph 7#a72 and 7,b7 7i7 was manufactured between ,january #a1 #aihg1 and ,december #ca1 #bjjh1 for a transformer with an equal number of phases and capacity as a transformer described in the table in subsection 7b77#b7 of section #dca4aif of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act72 or 7ii7 was manufactured between ,january #a1 #aiib1 and ,december #ca1 #bjaa1 for a transformer with an equal number of phases and capacity as a transformer described in the table in paragraph 7#a7 or 7#b7 of subsection 7c7 of that section 7as in effect on the date of enactment of this ,act74 7#c7 ,qualified entity ,the term qualified entity means an owner of industrial or manufacturing facilities1 commercial buildings1 or multifamily residential buildings1 a utility1 or an energy service company that fulfills the requirements of subsection 7c74 7b7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,energy 7in this section referred to as the ,secretary7 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 transformer4 7c7 ,requirements ,to be eligible to receive a rebate under this section1 an entity shall submit to the ,secretary an application in such form1 at such time1 and containing such information as the ,secretary may require1 including demonstrated evidence-- 7#a7 that the entity purchased a qualified energy efficient transformer2 7#b7 of the core loss value of the qualified energy efficient transformer2 7#c7 of the age of the qualified energy inefficient transformer being replaced2 7#d7 of the core loss value of the qualified energy inefficient transformer being replaced-- 7,a7 as measured by a qualified professional or verified by the equipment manufacturer1 as applicable2 or 7,b7 for transformers described in subsection 7a77#b77;,b77i71 as selected from a table of default values as determined by the ,secretary in consultation with applicable industry2 and 7#e7 that the qualified energy inefficient transformer has been permanently decommissioned and scrapped4 7d7 ,authorized amount of rebate ,the amount of a rebate provided under this section shall be-- 7#a7 for a #c-phase or single-phase transformer with a capacity of not less than #aj and not greater than #b1ejj kilovolt-amperes1 twice the amount equal to the difference in ,watts between the core loss value 7as measured in accordance with paragraphs 7#b7 and 7#d7 of subsection 7c77 of-- 7,a7 the qualified energy inefficient transformer2 and 7,b7 the qualified energy efficient transformer2 or 7#b7 for a transformer described in subsection 7a77#b77;,b77i71 the amount determined using a table of default rebate values by rated transformer output1 as measured in kilovolt-amperes1 as determined by the ,secretary in consultation with applicable industry4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #e1jjj1jjj for each of fiscal years #bjbb and #bjbc4 7f7 ,termination of effectiveness ,the authority provided by this section terminates on ,december #ca1 #bjbc4 #ajjg4 ,smart building acceleration 7a7 ,definitions ,in this section3 7#a7 ,department ,the term ,department means the ,department of ,energy4 7#b7 ,program ,the term program means the ,federal ,smart ,building ,program established under subsection 7b77#a74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#d7 ,smart building ,the term smart building means a building1 or collection of buildings1 with an energy system that-- 7,a7 is flexible and automated2 7,b7 has extensive operational monitoring and communication connectivity1 allowing remote monitoring and analysis of all building functions2 7,c7 takes a systems-based approach in integrating the overall building operations for control of energy generation1 consumption1 and storage2 7,d7 communicates with utilities and other third-party commercial entities1 if appropriate2 7,e7 protects the health and safety of occupants and workers2 and 7,f7 incorporates cybersecurity best practices4 7#e7 ,smart building accelerator ,the term smart building accelerator means an initiative that is designed to demonstrate specific innovative policies and approaches-- 7,a7 with clear goals and a clear timeline2 and 7,b7 that1 on successful demonstration1 would accelerate investment in energy efficiency4 7b7 ,federal smart building program 7#a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall1 in consultation with the ,administrator of ,general ,services1 establish a program to be known as the ,federal ,smart ,building ,program-- 7,a7 to implement smart building technology2 and 7,b7 to demonstrate the costs and benefits of smart buildings4 7#b7 ,selection 7,a7 ,in general ,the ,secretary shall coordinate the selection of not fewer than #a building from among each of several key ,federal agencies1 as described in paragraph 7#d71 to compose an appropriately diverse set of smart buildings based on size1 type1 and geographic location4 7,b7 ,inclusion of commercially operated buildings ,in making selections under subparagraph 7,a71 the ,secretary may include buildings that are owned by the ,federal ,government but are commercially operated4 7#c7 ,targets ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall establish targets for the number of smart buildings to be commissioned and evaluated by key ,federal agencies by #c years and #f years after the date of enactment of this ,act4 7#d7 ,federal agency described ,the key ,federal agencies referred to paragraph 7#b77;,a7 shall include buildings operated by-- 7,a7 the ,department of the ,army2 7,b7 the ,department of the ,navy2 7,c7 the ,department of the ,air ,force2 7,d7 the ,department2 7,e7 the ,department of the ,interior2 7,f7 the ,department of ,veterans ,affairs2 and 7,g7 the ,general ,services ,administration4 7#e7 ,requirement ,in implementing the program1 the ,secretary shall leverage existing financing mechanisms including energy savings performance contracts1 utility energy service contracts1 and annual appropriations4 7#f7 ,evaluation ,using the guidelines of the ,federal ,energy ,management ,program relating to whole-building evaluation1 measurement1 and verification1 the ,secretary shall evaluate the costs and benefits of the buildings selected under paragraph 7#b71 including an identification of-- 7,a7 which advanced building technologies-- 7i7 are most cost-effective2 and 7ii7 show the most promise for-- 7,i7 increasing building energy savings2 7,,ii7 increasing service performance to building occupants2 7,,iii7 reducing environmental impacts2 and 7,,iv7 establishing cybersecurity2 and 7,b7 any other information the ,secretary determines to be appropriate4 7#g7 ,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 technologies4 7c7 ,survey of private sector smart buildings 7#a7 ,survey ,the ,secretary shall conduct a survey of privately owned smart buildings throughout the ,united ,states1 including commercial buildings1 laboratory facilities1 hospitals1 multifamily residential buildings1 and buildings owned by nonprofit organizations and institutions of higher education4 7#b7 ,selection ,from among the smart buildings surveyed under paragraph 7#a71 the ,secretary shall select not fewer than #a building each from an appropriate range of building sizes1 types1 and geographic locations4 7#c7 ,evaluation ,using the guidelines of the ,federal ,energy ,management ,program relating to whole-building evaluation1 measurement1 and verification1 the ,secretary shall evaluate the costs and benefits of the buildings selected under paragraph 7#b71 including an identification of-- 7,a7 which advanced building technologies and systems-- 7i7 are most cost-effective2 and 7ii7 show the most promise for-- 7,i7 increasing building energy savings2 7,,ii7 increasing service performance to building occupants2 7,,iii7 reducing environmental impacts2 and 7,,iv7 establishing cybersecurity2 and 7,b7 any other information the ,secretary determines to be appropriate4 7d7 ,better building challenge ,as part of the ,better ,building ,challenge of the ,department1 the ,secretary1 in consultation with major private sector property owners1 shall develop smart building accelerators to demonstrate innovative policies and approaches that will accelerate the transition to smart buildings in the public1 institutional1 and commercial buildings sectors4 7e7 ,research and development on integrating buildings onto the electric grid 7#a7 ,in general ,subtitle ,b of title ,,iv of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjha et seq47 is amended by adding at the end the following3 #dbf4 ,advanced integration of buildings onto the electric grid 7a7 ,in general ,the ,secretary shall establish a program of research1 development1 and demonstration to enable components of commercial and residential buildings to serve as dynamic energy loads on and resources for the electric grid4 ,the program shall focus on-- 7#a7 developing low-cost1 low power1 wireless sensors to-- 7,a7 monitor building energy load2 7,b7 forecast building energy need2 and 7,c7 enable building-level energy control2 7#b7 developing data management capabilities and standard communication protocols to further interoperability at the building and grid-level2 7#c7 developing advanced building-level energy management of components through integration of smart technologies1 control systems1 and data processing1 to enable energy efficiency and savings2 7#d7 optimizing energy consumption at the building level to enable grid stability and resilience2 7#e7 improving visualization of behind the meter equipment and technologies to provide better insight into the energy needs and energy forecasts of individual buildings2 7#f7 reducing the cost of key components to accelerate the adoption of smart building technologies2 7#g7 protecting against cybersecurity threats and addressing security vulnerabilities of building systems or equipment2 and 7#h7 other areas determined appropriate by the ,secretary4 7b7 ,considerations ,in carrying out the program under subsection 7a71 the ,secretary shall-- 7#a7 work with utility partners1 building owners1 technology vendors1 and building developers to test and validate technologies and encourage the commercial application of these technologies by building owners2 and 7#b7 consider the specific challenges of enabling greater interaction between components of-- 7,a7 small- and medium-sized buildings and the electric grid2 and 7,b7 residential and commercial buildings and the electric grid4 7c7 ,buildings-to-grid integration report ,not later than #a year after the enactment of this section1 the ,secretary shall submit to the ,committee on ,science1 ,space1 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 research1 development1 and demonstration opportunities1 challenges1 and standards needed to enable components of commercial and residential buildings to serve as dynamic energy loads on and resources for the electric grid4 7#a7 ,report requirements ,the report shall include-- 7,a7 an assessment of the technologies needed to enable building components as dynamic loads on and resources for the electric grid1 including how such technologies can be-- 7i7 incorporated into new commercial and residential buildings2 and 7ii7 retrofitted in older buildings2 7,b7 guidelines for the design of new buildings and building components to enable modern grid interactivity and improve energy efficiency2 7,c7 an assessment of barriers to the adoption by building owners of advanced technologies enabling greater integration of building components onto the electric grid2 and 7,d7 an assessment of the feasibility of adopting technologies developed under subsection 7a7 at ,department facilities4 7#b7 ,recommendations ,as part of the report1 the ,secretary shall develop a #aj-year roadmap to guide the research1 development1 and demonstration program to enable components of commercial and residential buildings to serve as dynamic energy loads on and resources for the electric grid4 7#c7 ,updates ,the ,secretary shall update the report required under this section every #c years for the duration of the program under subsection 7a7 and shall submit the updated report to the ,committee on ,science1 ,space1 and ,technology and the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 7d7 ,program implementation ,in carrying out this section1 the ,secretary shall-- 7#a7 implement the recommendations from the report in subsection 7c72 and 7#b7 coordinate across all relevant program offices at the ,department to achieve the goals established in this section1 including the ,office of ,electricity4 4 7#b7 ,conforming amendment ,the table of contents for the ,energy ,independence and ,security ,act of #bjjg is amended by adding after the item relating to section #dbe the following3 ,sec4 #dbf4 ,advanced integration of buildings onto the electric grid4 4 7f7 ,report ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter until a total of #c reports have been made1 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 ,science1 ,space1 and ,technology of the ,house of ,representatives a report on-- 7#a7 the establishment of the ,federal ,smart ,building ,program and the evaluation of ,federal smart buildings under subsection 7b72 7#b7 the survey and evaluation of private sector smart buildings under subsection 7c72 and 7#c7 any recommendations of the ,secretary to further accelerate the transition to smart buildings4 #ajjh4 ,modifications to the ceiling fan energy conservation standard 7a7 ,in general ,section #cbe7;ff77#f7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7;ff77#f77 is amended by adding at the end the following3 7,c7 7i7 ,large-diameter ceiling fans manufactured on or after ,january #ba1 #bjbj1 shall-- 7,i7 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 ,program3 ,energy ,conservation ,standards for ,ceiling ,fans 7#hb ,fed4 ,reg4 #fhbf 7,january #ai1 #bjag772 and 7,,ii7 have a ,,cfei greater than or equal to-- 7aa7 #a4jj at high speed2 and 7bb7 #a4ca at #dj percent speed or the nearest speed that is not less than #dj percent speed4 7ii7 ,for purposes of this subparagraph1 the term ,,cfei means the ,fan ,energy ,index for large-diameter ceiling fans1 calculated in accordance with ,,ansi_/,,amca ,standard #bjh-ah titled ,calculation of the ,fan ,energy ,index1 with the following modifications3 7,i7 ,using an ,airflow ,constant 7,q#j7 of #bf1ejj cubic feet per minute4 7,,ii7 ,using a ,pressure ,constant 7,p#j7 of #j4jjbg inches water gauge4 7,,iii7 ,using a ,fan ,efficiency ,constant 7#j7 of #db percent4 4 7b7 ,revision ,for purposes of section #cbe7m7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7m771 the standard established in section #cbe7;ff77#f77;,c7 of such ,act 7as added by subsection 7a7 of this section7 shall be treated as if such standard was issued on ,january #ai1 #bjag4 #ajji4 ,report on electrochromic glass 7a7 ,definition of electrochromic glass ,in this section1 the term electrochromic glass means glass that uses electricity to change the light transmittance properties of the glass to heat or cool a structure4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy1 in collaboration with the heads of other relevant agencies1 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 glass1 including the following3 7#a7 ,reductions in energy consumption in commercial buildings1 especially peak cooling load reduction and annual energy bill savings4 7#b7 ,benefits in the workplace1 especially visual comfort and employee health4 7#c7 ,benefits of natural light in hospitals for patients and staff1 especially accelerated patient healing and recovery time4 #ajaj4 ,energy and water for sustainability 7a7 ,nexus of energy and water for sustainability 7#a7 ,definitions ,in this section3 7,a7 ,department ,the term ,department means the ,department of ,energy4 7,b7 ,energy-water nexus ,the term energy-water nexus means the links between-- 7i7 the water needed to produce fuels1 electricity1 and other forms of energy2 and 7ii7 the energy needed to transport1 reclaim1 and treat water and wastewater4 7,c7 ,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 7or the ,,news ,,rd,d ,committee7 established under paragraph 7#c77;,a74 7,d7 ,nexus of ,energy and ,water ,sustainability ,,rd,d ,office2 ,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 #b agencies to carry out leadership and administrative functions for the ,interagency ,,rd,d ,coordination ,committee4 7,e7 ,,rd,d ,the term ,,rd,d means research1 development1 and demonstration4 7,f7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#b7 ,statement of ,policy ,recognizing ,states' primacy over allocation and administration of water resources 7except in specific instances where preempted under ,federal law7 and the siting of energy infrastructure within ,state boundaries on non-,federal lands1 it is the national policy that the ,federal government1 in all energy-water nexus management activities1 shall maximize coordination and consultation among ,federal agencies and with ,state and local governments1 and disseminate information to the public in the most effective manner4 7#c7 ,interagency ,,rd,d coordination committee 7,a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 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 7or the ,,news ,,rd,d ,committee7 to carry out the duties described in subparagraph 7,c74 7,b7 ,administration 7i7 ,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 ,committee4 7ii7 ,membership2 staffing ,membership and staffing shall be determined by the co-chairs4 7,c7 ,duties ,the ,interagency ,,rd,d ,coordination ,committee shall-- 7i7 serve as a forum for developing common ,federal goals and plans on energy-water nexus ,,rd,d activities1 in coordination with the ,national ,science and ,technology ,council2 7ii7 not later than #a year after the date of enactment of this ,act1 and biennially thereafter1 issue a strategic plan on energy-water nexus ,,rd,d activities1 priorities1 and objectives pursuant to subparagraph 7,d71 which shall be developed in consultation with relevant ,state and local governments2 7iii7 convene and promote coordination of ,,rd,d activities of relevant ,federal departments and agencies on energy-water nexus2 7iv7 7,i7 coordinate and develop capabilities and methodologies related to ,,rd,d activities for data collection1 data communication protocols 7including models and modeling results71 data management1 and dissemination of validated data and results related to energy-water nexus ,,rd,d activities to requesting ,federal departments and agencies2 and 7,,ii7 promote information exchange between ,federal departments and agencies-- 7aa7 to identify and document ,federal and non-,federal ,,rd,d programs and funding opportunities that support basic and applied ,,rd,d proposals to advance energy-water nexus related science and technologies2 7bb7 to leverage existing ,,rd,d programs by encouraging joint solicitations1 block grants1 and matching programs with non-,federal entities2 and 7cc7 to identify opportunities for domestic and international public-private partnerships1 innovative financing mechanisms1 and information and data exchange with respect to ,,rd,d activities2 7v7 identify ways to leverage existing ,,rd,d programs1 including programs at the ,state and local level2 7vi7 make publicly available the results of ,,rd,d activities on the energy water nexus2 7vii7 with regard to ,,rd,d programs1 recommend improvements and best practices for the collection and dissemination of federal water use data and the use of monitoring networks2 and 7viii7 promote coordination on ,,rd,d with non-,federal interests by-- 7,i7 consulting with representatives of research and academic institutions1 ,state1 local1 and ,tribal governments1 public utility commissions1 and industry1 who have expertise in technologies1 technological innovations1 or practices relating to the energy-water nexus2 and 7,,ii7 considering conducting technical workshops4 7,d7 ,strategic ,plan ,in developing the strategic plan pursuant to 7,c77ii71 the ,interagency ,,rd,d ,coordination ,committee shall-- 7i7 to the maximum extent possible1 avoid duplication with other ,federal ,,rd,d programs1 and projects1 including with those of the ,national ,laboratories2 7ii7 consider inclusion of specific research1 development and demonstration needs1 including-- 7,i7 innovative practices1 technologies and other advancements improving water efficiency1 treatment1 recovery1 or reuse associated with energy generation1 including cooling1 and fuel production2 7,,ii7 innovative practices1 technologies and other advancements associated with energy use in water collection1 supply1 delivery1 distribution1 treatment1 or reuse2 7,,iii7 innovative practices1 technologies and other advancements associated with generation or production of energy from water or wastewater systems2 and 7,,iv7 modeling and systems analysis related to energy-water nexus2 and 7iii7 submit the plan to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committees on ,science1 ,space1 and ,technology1 ,energy and ,commerce1 and ,natural ,resources of the ,house of ,representatives4 7,e7 ,rules of construction 7i7 ,nothing in this section grants to the ,interagency ,,rd,d ,coordination ,committee the authority to promulgate regulations or set standards4 7ii7 ,notwithstanding any other provision of law1 nothing in this section shall be construed to require ,state1 ,tribal1 or local governments to take any action that may result in an increased financial burden to such governments4 7,f7 ,additional participation ,in developing the strategic plan described in subparagraph 7,c77ii71 the ,secretary shall consult and coordinate with a diverse group of representatives from research and academic institutions1 industry1 public utility commissions1 and ,state and local governments who have expertise in technologies and practices relating to the energy-water nexus4 7,g7 ,review2 report ,at the end of the #e-year period beginning on the date on which the ,interagency ,,rd,d ,coordination ,committee and ,,news ,,rd,d ,office are established1 the ,,news ,,rd,d ,office shall-- 7i7 review the activities1 relevance1 and effectiveness of the ,interagency ,,rd,d ,coordination ,committee2 and 7ii7 submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committees on ,science1 ,space1 and ,technology1 ,energy and ,commerce1 and ,natural ,resources of the ,house of ,representatives a report that-- 7,i7 describes the results of the review conducted under clause 7i72 and 7,,ii7 includes a recommendation on whether the ,interagency ,,rd,d ,coordination ,committee should continue4 7#d7 ,crosscut budget ,not later than #cj days after the ,president submits the budget of the ,united ,states ,government under section #aaje of title #ca1 ,united ,states ,code1 the co-chairs of the ,interagency ,,rd,d ,coordination ,committee 7acting through the ,,news ,,rd,d ,office7 shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committees on ,science1 ,space1 and ,technology1 ,energy and ,commerce1 and ,natural ,resources of the ,house of ,representatives1 an interagency budget crosscut report that displays at the program-1 project-1 and activity-level for each of the ,federal agencies that carry out or support 7including through grants1 contracts1 interagency and intraagency transfers1 and multiyear and no-year funds7 basic and applied ,,rd,d activities to advance the energy-water nexus related science and technologies1 including-- 7,a7 the budget proposed in the budget request of the ,president for the upcoming fiscal year2 7,b7 expenditures and obligations for the prior fiscal year2 and 7,c7 estimated expenditures and obligations for the current fiscal year4 7#e7 ,termination 7,a7 ,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 #g years after the date of enactment of this ,act4 7,b7 ,effect ,the termination of authority under subparagraph 7,a7 shall not affect ongoing interagency planning1 coordination1 or other ,,rd,d activities relating to the energy-water nexus4 7b7 ,integrating energy and water research ,the ,secretary shall integrate the following considerations into energy ,,rd,d programs and projects of the ,department by-- 7#a7 advancing ,,rd,d for energy and energy efficiency technologies and practices that meet the objectives of-- 7,a7 minimizing freshwater withdrawal and consumption2 7,b7 increasing water use efficiency2 and 7,c7 utilizing nontraditional water sources2 7#b7 considering the effects climate variability may have on water supplies and quality for energy generation and fuel production2 and 7#c7 improving understanding of the energy-water nexus 7as defined in subsection 7a77#a774 7c7 ,additional activities ,the ,secretary may provide for such additional ,,rd,d activities as appropriate to integrate the considerations described in subsection 7b7 into the ,,rd,d activities of the ,department4 #ajaa4 ,weatherization ,assistance ,program 7a7 ,reauthorization of weatherization assistance program ,section #dbb of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhgb7 is amended by striking paragraphs 7#a7 through 7#e7 and inserting the following3 7#a7 #ccj1jjj1jjj for fiscal year #bjba2 and 7#b7 #cej1jjj1jjj for each of fiscal years #bjbb through #bjbe4 4 7b7 ,modernizing the definition of weatherization materials ,section #dab7i77;,j7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfb7i77;,j77 is amended-- 7#a7 by inserting 1 including renewable energy technologies and other advanced technologies1 after devices or technologies2 and 7#b7 by striking 1 the ,secretary of ,agriculture1 and the ,director of the ,community ,services ,administration4 7c7 ,consideration of health benefits ,section #dac7;b7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfc7;b77 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 by striking and with the ,director of the ,community ,services ,administration2 7,b7 by inserting and by after in carrying out this part12 and 7,c7 by striking 1 and the ,director of the ,community ,services ,administration in carrying out weatherization programs under section #bbb7;a77#ab7 of the ,economic ,opportunity ,act of #aifd2 7#b7 by redesignating paragraphs 7#d7 through 7#f7 as paragraphs 7#e7 through 7#g71 respectively2 and 7#c7 by inserting after paragraph 7#c71 the following3 7#d7 ,the ,secretary may amend the regulations prescribed under paragraph 7#a7 to provide that the standards described in paragraph 7#b77;,a7 take into consideration improvements in the health and safety of occupants of dwelling units1 and other non-energy benefits1 from weatherization4 4 7d7 ,contractor optimization 7#a7 ,in general ,the ,energy ,conservation and ,production ,act is amended by inserting after section #dad;,b 7#db ,u4,s4,c4 #fhfd;b7 the following3 #dad;,c4 ,contractor optimization 7a7 ,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 #dac or section #dad perform periodic reviews of the use of private contractors in the provision of weatherization assistance1 and encourage expanded use of contractors as appropriate4 7b7 ,use of training funds ,entities described in subsection 7a7 may use funding described in such subsection to train private1 non-,federal entities that are contracted to provide weatherization assistance under a weatherization program1 in accordance with rules determined by the ,secretary4 4 7#b7 ,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 #dad;,b the following3 ,sec4 #dad;,c4 ,contractor optimization4 4 7e7 ,financial assistance for wap enhancement and innovation 7#a7 ,in general ,the ,energy ,conservation and ,production ,act is amended by inserting after section #dad;,c 7as added by subsection 7d7 of this section7 the following3 #dad;,d4 ,financial assistance for wap enhancement and innovation 7a7 ,purposes ,the purposes of this section are-- 7#a7 to expand the number of dwelling units that are occupied by low-income persons that receive weatherization assistance by making such dwelling units weatherization-ready2 7#b7 to promote the deployment of renewable energy in dwelling units that are occupied by low-income persons2 7#c7 to ensure healthy indoor environments by enhancing or expanding health and safety measures and resources available to dwellings that are occupied by low-income persons2 7#d7 to disseminate new methods and best practices among entities providing weatherization assistance2 and 7#e7 to encourage entities providing weatherization assistance to hire and retain employees who are individuals-- 7,a7 from the community in which the assistance is provided2 and 7,b7 from communities or groups that are underrepresented in the home energy performance workforce1 including religious and ethnic minorities1 women1 veterans1 individuals with disabilities1 and individuals who are socioeconomically disadvantaged4 7b7 ,financial assistance ,the ,secretary shall1 to the extent funds are made available1 award financial assistance1 on an annual basis1 through a competitive process to entities receiving funding from the ,federal ,government or from a ,state1 tribal organization1 or unit of general purpose local government through a weatherization program under section #dac or section #dad1 or to nonprofit entities1 to be used by such an entity-- 7#a7 with respect to dwelling units that are occupied by low-income persons1 to-- 7,a7 implement measures to make such dwelling units weatherization-ready by addressing structural1 plumbing1 roofing1 and electrical issues1 environmental hazards1 or other measures that the ,secretary determines to be appropriate2 7,b7 install energy efficiency technologies1 including home energy management systems1 smart devices1 and other technologies the ,secretary determines to be appropriate2 7,c7 install renewable energy systems 7as defined in section #dae7;c77#f77;,a772 and 7,d7 implement measures to ensure healthy indoor environments by improving indoor air quality1 accessibility1 and other healthy homes measures as determined by the ,secretary2 7#b7 to improve the capability of the entity-- 7,a7 to significantly increase the number of energy retrofits performed by such entity2 7,b7 to replicate best practices for work performed pursuant to this section on a larger scale2 7,c7 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 expended2 and 7,d7 to hire and retain employees who are individuals described subsection 7a77#e72 7#c7 for innovative outreach and education regarding the benefits and availability of weatherization assistance and other assistance available pursuant to this section2 7#d7 for quality control of work performed pursuant to this section2 7#e7 for data collection1 measurement1 and verification with respect to such work2 7#f7 for program monitoring1 oversight1 evaluation1 and reporting regarding such work2 7#g7 for labor1 training1 and technical assistance relating to such work2 7#h7 for planning1 management1 and administration 7up to a maximum of #ae percent of the assistance provided72 and 7#i7 for such other activities as the ,secretary determines to be appropriate4 7c7 ,award factors ,in awarding financial assistance under this section1 the ,secretary shall consider-- 7#a7 the applicant's record of constructing1 renovating1 repairing1 or making energy efficient single-family1 multifamily1 or manufactured homes that are occupied by low-income persons1 either directly or through affiliates1 chapters1 or other partners 7using the most recent year for which data are available72 7#b7 the number of dwelling units occupied by low-income persons that the applicant has built1 renovated1 repaired1 weatherized1 or made more energy efficient in the #e years preceding the date of the application2 7#c7 the qualifications1 experience1 and past performance of the applicant1 including experience successfully managing and administering ,federal funds2 7#d7 the strength of an applicant's proposal to achieve one or more of the purposes under subsection 7a72 7#e7 the extent to which such applicant will utilize partnerships and regional coordination to achieve one or more of the purposes under subsection 7a72 7#f7 regional and climate zone diversity2 7#g7 urban1 suburban1 and rural localities2 and 7#h7 such other factors as the ,secretary determines to be appropriate4 7d7 ,applications 7#a7 ,administration ,to be eligible for an award of financial assistance under this section1 an applicant shall submit to the ,secretary an application in such manner and containing such information as the ,secretary may require4 7#b7 ,awards ,subject to the availability of appropriations1 not later than #bgj days after the date of enactment of this section1 the ,secretary shall make a first award of financial assistance under this section4 7e7 ,maximum amount and term 7#a7 ,in general ,the total amount of financial assistance awarded to an entity under this section shall not exceed #b1jjj1jjj4 7#b7 ,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 assistance4 7#c7 ,term ,the term of an award of financial assistance under this section shall not exceed #c years4 7#d7 ,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 part4 7f7 ,requirements ,not later than #ij days after the date of enactment of this section1 the ,secretary shall issue requirements to implement this section1 including1 for entities receiving financial assistance under this section-- 7#a7 standards for allowable expenditures2 7#b7 a minimum saving-to-investment ratio2 and 7#c7 standards for-- 7,a7 training programs2 7,b7 energy audits2 7,c7 the provision of technical assistance2 7,d7 monitoring activities carried out using such financial assistance2 7,e7 verification of energy and cost savings2 7,f7 liability insurance requirements2 and 7,g7 recordkeeping and reporting requirements1 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 section4 7g7 ,compliance with state and local law ,nothing in this section supersedes or otherwise affects any ,state or local law1 to the extent that the ,state or local law contains a requirement that is more stringent than the applicable requirement of this section4 7h7 ,review and evaluation ,the ,secretary shall review and evaluate the performance of each entity that receives an award of financial assistance under this section 7which may include an audit74 7i7 ,annual report ,the ,secretary shall submit to ,congress an annual report that provides a description of-- 7#a7 actions taken under this section to achieve the purposes of this section2 and 7#b7 accomplishments as a result of such actions1 including energy and cost savings achieved4 7j7 ,funding 7#a7 ,amounts 7,a7 ,in general ,for each of fiscal years #bjba through #bjbe1 of the amount made available under section #dbb for such fiscal year to carry out the weatherization program under this part 7not including any of such amount made available for ,department of ,energy headquarters training or technical assistance71 not more than-- 7i7 #b percent of such amount 7if such amount is #bbe1jjj1jjj or more but less than #bfj1jjj1jjj7 may be used to carry out this section2 7ii7 #d percent of such amount 7if such amount is #bfj1jjj1jjj or more but less than #cjj1jjj1jjj7 may be used to carry out this section2 and 7iii7 #f percent of such amount 7if such amount is #cjj1jjj1jjj or more7 may be used to carry out this section4 7,b7 ,minimum ,for each of fiscal years #bjba through #bjbe1 if the amount made available under section #dbb 7not including any of such amount made available for ,department of ,energy headquarters training or technical assistance7 for such fiscal year is less than #bbe1jjj1jjj1 no funds shall be made available to carry out this section4 7#b7 ,limitation ,for any fiscal year1 the ,secretary may not use more than #be1jjj1jjj of the amount made available under section #dbb to carry out this section4 7k7 ,termination ,the ,secretary may not award financial assistance under this section after ,september #cj1 #bjbe4 4 7#b7 ,table of contents ,the table of contents for the ,energy ,conservation and ,production ,act is amended by inserting after the item relating to section #dad;,c the following3 ,sec4 #dad;,d4 ,financial assistance for ,,wap enhancement and innovation4 4 7f7 ,hiring 7#a7 ,in general ,the ,energy ,conservation and ,production ,act is amended by inserting after section #dad;,d 7as added by subsection 7e7 of this section7 the following3 #dad;,e4 ,hiring ,the ,secretary may1 as the ,secretary determines appropriate1 encourage entities receiving funding from the ,federal ,government or from a ,state through a weatherization program under section #dac or section #dad1 to prioritize the hiring and retention of employees who are individuals described in section #dad;,d7a77#e74 4 7#b7 ,table of contents ,the table of contents for the ,energy ,conservation and ,production ,act is amended by inserting after the item relating to section #dad;,d the following3 ,sec4 #dad;,e4 ,hiring4 4 7g7 ,increase in administrative funds ,section #dae7;a77#a7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfe7;a77#a77 is amended by striking #aj percent and inserting #ae percent4 7h7 ,amending re-weatherization date ,paragraph 7#b7 of section #dae7;c7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfe7;c77 is amended to read as follows3 7#b7 ,dwelling units weatherized 7including dwelling units partially weatherized7 under this part1 or under other ,federal programs 7in this paragraph referred to as previous weatherization71 may not receive further financial assistance for weatherization under this part until the date that is #ae years after the date such previous weatherization was completed4 ,this paragraph does not preclude dwelling units that have received previous weatherization from receiving assistance and services 7including the provision of information and education to assist with energy management and evaluation of the effectiveness of installed weatherization materials7 other than weatherization under this part or under other ,federal programs1 or from receiving non-,federal assistance for weatherization4 4 7i7 ,annual report ,section #dba of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhga7 is amended by inserting the number of multifamily buildings in which individual dwelling units were weatherized during the previous year1 the number of individual dwelling units in multifamily buildings weatherized during the previous year1 after the average size of the dwellings being weatherized14 7j7 ,report on waivers ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to ,congress a report on the status of any request made after ,september #cj1 #bjaj1 for a waiver of any requirement under section #bjj4cac of title #b1 ,code of ,federal ,regulations1 as such requirement applies with respect to the weatherization assistance program under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq471 including a description of any such waiver that has been granted and any such request for a waiver that has been considered but not granted4 #ajab4 ,federal ,energy ,management ,program ,section #edc of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec7 is further amended by adding at the end the following3 7i7 ,federal energy management program 7#a7 ,in general ,the ,secretary shall carry out a program1 to be known as the ,federal ,energy ,management ,program 7referred to in this subsection as the ,program71 to facilitate the implementation by the ,federal ,government of cost-effective energy and water management and energy-related investment practices-- 7,a7 to coordinate and strengthen ,federal energy and water resilience2 and 7,b7 to promote environmental stewardship4 7#b7 ,federal ,director ,the ,secretary shall appoint an individual to serve as the director of the ,program 7referred to in this subsection as the ,federal ,director71 which shall be a career position in the ,senior ,executive service1 to administer the ,program4 7#c7 ,program activities 7,a7 ,strategic planning and technical assistance ,in administering the ,program1 the ,federal ,director shall-- 7i7 provide technical assistance and project implementation support and guidance to agencies to identify1 implement1 procure1 and track energy and water conservation measures required under this ,act and under other provisions of law2 7ii7 in coordination with the ,administrator of the ,general ,services ,administration1 establish appropriate procedures1 methods1 and best practices for use by agencies to select1 monitor1 and terminate contracts entered into pursuant to a utility incentive program under section #edf7;c7 with utilities2 7iii7 carry out the responsibilities of the ,secretary under section #hja1 as determined appropriate by the ,secretary2 7iv7 establish and maintain internet-based information resources and project tracking systems and tools for energy and water management2 7v7 coordinate comprehensive and strategic approaches to energy and water resilience planning for agencies2 and 7vi7 establish a recognition program for ,federal achievement in energy and water management1 energy-related investment practices1 environmental stewardship1 and other relevant areas1 through events such as individual recognition award ceremonies and public announcements4 7,b7 ,energy and water management and reporting ,in administering the ,program1 the ,federal ,director shall-- 7i7 track and report on the progress of agencies in meeting the requirements of the agency under this section2 7ii7 make publicly available agency performance data required under-- 7,i7 this section and sections #edd1 #edf1 #edg1 and #edh2 and 7,,ii7 section #bjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeheb72 7iii7 7,i7 collect energy and water use and consumption data from each agency2 and 7,,ii7 based on that data1 submit to each agency a report that will facilitate the energy and water management1 energy-related investment practices1 and environmental stewardship of the agency in support of ,federal goals under this ,act and under other provisions of law2 7iv7 carry out the responsibilities of the ,secretary under section #cje of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd72 7v7 in consultation with the ,administrator of the ,general ,services ,administration1 acting through the head of the ,office of ,high-,performance ,green ,buildings1 establish and implement sustainable design principles for ,federal facilities2 and 7vi7 designate products that meet the highest energy conservation standards for categories not covered under the ,energy ,star program established under section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a74 7,c7 ,federal interagency coordination ,in administering the ,program1 the ,federal ,director shall-- 7i7 develop and implement accredited training consistent with existing ,federal programs and activities-- 7,i7 relating to energy and water use1 management1 and resilience in ,federal facilities1 energy-related investment practices1 and environmental stewardship2 and 7,,ii7 that includes in-person training1 internet-based programs1 and national in-person training events2 7ii7 carry out the functions of the ,secretary with respect to the ,interagency ,energy ,management ,task ,force under section #edg2 and 7iii7 report on the implementation of the priorities of the ,president1 including ,executive orders1 relating to energy and water use in ,federal facilities1 in coordination with-- 7,i7 the ,office of ,management and ,budget2 7,,ii7 the ,council on ,environmental ,quality2 and 7,,iii7 any other entity1 as considered necessary by the ,federal ,director4 7,d7 ,facility and fleet optimization ,in administering the ,program1 the ,federal ,director shall develop guidance1 supply assistance to1 and track the progress of agencies-- 7i7 in conducting portfolio-wide facility energy and water resilience planning and project integration2 7ii7 in building new construction and major renovations to meet the sustainable design and energy and water performance standards required under this section2 7iii7 in developing guidelines for-- 7,i7 facility commissioning2 and 7,,ii7 facility operations and maintenance2 and 7iv7 in coordination with the ,administrator of the ,general ,services ,administration1 in meeting statutory and agency goals for ,federal fleet vehicles4 7#d7 ,management council ,the ,federal ,director shall establish a management council to advise the ,federal ,director that shall-- 7,a7 convene not less frequently than once every quarter2 and 7,b7 consist of representatives from-- 7i7 the ,council on ,environmental ,quality2 7ii7 the ,office of ,management and ,budget2 and 7iii7 the ,office of ,federal ,high-,performance ,green ,buildings in the ,general ,services ,administration4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #cf1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 #ajac4 ,,chp ,technical ,assistance ,partnership ,program 7a7 ,in general ,section #cge of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcde7 is amended to read as follows3 #cge4 ,,chp ,technical ,assistance ,partnership ,program 7a7 ,renaming 7#a7 ,in general ,the ,clean ,energy ,application ,centers of the ,department of ,energy are redesignated as the ,,chp ,technical ,assistance ,partnership ,program 7referred to in this section as the ,program74 7#b7 ,program description ,the ,program shall consist of-- 7,a7 the #aj regional ,,chp ,technical ,assistance ,partnerships in existence on the date of enactment of the ,energy ,act of #bjbj2 7,b7 such other regional ,,chp ,technical ,assistance ,partnerships as the ,secretary may establish with consideration given to establishing such partnerships in rural communities2 and 7,c7 any supporting technical activities under the ,technical ,partnership ,program of the ,advanced ,manufacturing ,office4 7#c7 ,references ,any reference in any law1 rule1 regulation1 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 ,program4 7b7 ,,chp ,technical ,assistance ,partnership ,program 7#a7 ,in general ,the ,program shall-- 7,a7 operate programs to encourage deployment of combined heat and power1 waste heat to power1 and efficient district energy 7collectively referred to in this subsection as ,,chp7 technologies by providing education and outreach to-- 7i7 building1 industrial1 and electric and natural gas utility professionals2 7ii7 ,state and local policymakers2 and 7iii7 other individuals and organizations with an interest in efficient energy use1 local or opportunity fuel use1 resiliency1 or energy security1 microgrids1 and district energy2 and 7,b7 provide project specific support to building and industrial professionals through economic and engineering assessments and advisory activities4 7#b7 ,funding for certain activities 7,a7 ,in general ,the ,program shall make funds available to institutions of higher education1 research centers1 and other appropriate institutions to ensure the continued operations and effectiveness of the regional ,,chp ,technical ,assistance ,partnerships4 7,b7 ,use of funds ,funds made available under subparagraph 7,a7 may be used-- 7i7 to collect and distribute informational materials relevant to manufacturers1 commercial buildings1 institutional facilities1 and ,federal sites1 including continued support of the mission goals of the ,department of ,defense1 on ,,chp and microgrid technologies1 including continuation and updating of-- 7,i7 the ,,chp installation database2 7,,ii7 ,,chp technology potential analyses2 7,,iii7 ,state ,,chp resource pages2 and 7,,iv7 ,,chp ,technical ,assistance ,partnerships websites2 7ii7 to produce and conduct workshops1 reports1 seminars1 internet programs1 ,,chp resiliency resources1 and other activities to provide education to end users1 regulators1 and stakeholders in a manner that leads to the deployment of ,,chp technologies2 7iii7 to provide or coordinate onsite assessments for sites and enterprises that may consider deployment of ,,chp technology1 including the potential use of biomass ,,chp systems2 7iv7 to identify candidates for deployment of ,,chp technologies1 hybrid renewable-,,chp technologies1 biomass ,,chp1 microgrids1 and clean energy2 7v7 to provide nonbiased engineering support to sites considering deployment of ,,chp technologies2 7vi7 to assist organizations and communities1 including rural communities1 developing clean energy technologies and policies in overcoming barriers to deployment2 and 7vii7 to assist companies1 communities 7including rural communities71 and organizations with field validation and performance evaluations of ,,chp and other clean energy technologies implemented4 7,c7 ,duration ,the ,program shall make funds available under subparagraph 7,a7 for a period of #e years4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #ab1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 7b7 ,conforming amendment ,the table of contents of the ,energy ,policy and ,conservation ,act is amended by striking the item relating to section #cge and inserting the following3 #cge4 ,,chp ,technical ,assistance ,partnership ,program4 4 #ajad4 ,smart energy water efficiency pilot program 7a7 ,smart energy and water efficiency pilot program ,subtitle ,a of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaia et seq47 is amended by adding at the end the following3 #iah4 ,smart energy and water efficiency pilot program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a utility2 7,b7 a municipality2 7,c7 a water district2 7,d7 an ,indian ,tribe or ,alaska ,native village2 and 7,e7 any other authority that provides water1 wastewater1 or water reuse services4 7#b7 ,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 7b74 7b7 ,smart energy and water efficiency pilot program 7#a7 ,in general ,the ,secretary shall establish and carry out a smart energy and water efficiency pilot program in accordance with this section4 7#b7 ,purpose ,the purpose of the smart energy and water efficiency pilot program is to award grants to eligible entities to demonstrate unique1 advanced1 or innovative technology-based solutions that will-- 7,a7 improve the net energy balance of water1 wastewater1 and water reuse systems2 7,b7 improve the net energy balance of water1 wastewater1 and water reuse systems to help communities across the ,united ,states make measurable progress in conserving water1 saving energy1 and reducing costs2 7,c7 support the implementation of innovative and unique processes and the installation of established advanced automated systems that provide real-time data on energy and water2 and 7,d7 improve energy-water conservation and quality and predictive maintenance through technologies that utilize internet connected technologies1 including sensors1 intelligent gateways1 and security embedded in hardware4 7#c7 ,project selection 7,a7 ,in general ,the ,secretary shall make competitive1 merit-reviewed grants under the pilot program to not less than #c1 but not more than #e1 eligible entities4 7,b7 ,selection criteria ,in selecting an eligible entity to receive a grant under the pilot program1 the ,secretary shall consider-- 7i7 energy and cost savings2 7ii7 the uniqueness1 commercial viability1 and reliability of the technology to be used2 7iii7 the degree to which the project integrates next-generation sensors software1 analytics1 and management tools2 7iv7 the anticipated cost-effectiveness of the pilot project through measurable energy savings1 water savings or reuse1 and infrastructure costs averted2 7v7 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 cities1 including ,tribal communities2 7vi7 whether the technology has been successfully deployed elsewhere2 7vii7 whether the technology was sourced from a manufacturer based in the ,united ,states2 and 7viii7 whether the project will be completed in #e years or less4 7,c7 ,applications 7i7 ,in general ,subject to clause 7ii71 an eligible entity seeking a grant under the pilot program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary determines to be necessary4 7ii7 ,contents ,an application under clause 7i7 shall1 at a minimum1 include-- 7,i7 a description of the project2 7,,ii7 a description of the technology to be used in the project2 7,,iii7 the anticipated results1 including energy and water savings1 of the project2 7,,iv7 a comprehensive budget for the project2 7,v7 the names of the project lead organization and any partners2 7,,vi7 the number of users to be served by the project2 7,,vii7 a description of the ways in which the proposal would meet performance measures established by the ,secretary2 and 7,,viii7 any other information that the ,secretary determines to be necessary to complete the review and selection of a grant recipient4 7#d7 ,administration 7,a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary shall select grant recipients under this section4 7,b7 ,evaluations 7i7 ,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 ,secretary1 consistent with the purposes of this section4 7ii7 ,requirements ,consistent with the performance measures and benchmarks developed under clause 7i71 in carrying out an evaluation under that clause1 the ,secretary shall-- 7,i7 evaluate the progress and impact of the project2 and 7,,ii7 assess the degree to which the project is meeting the goals of the pilot program4 7,c7 ,technical and policy assistance ,on the request of a grant recipient1 the ,secretary shall provide technical and policy assistance4 7,d7 ,best practices ,the ,secretary shall make available to the public through the ,internet and other means the ,secretary considers to be appropriate-- 7i7 a copy of each evaluation carried out under subparagraph 7,b72 and 7ii7 a description of any best practices identified by the ,secretary as a result of those evaluations4 7,e7 ,report to congress ,the ,secretary shall submit to ,congress a report containing the results of each evaluation carried out under subparagraph 7,b74 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ae1jjj1jjj1 to remain available until expended4 4 7b7 ,conforming amendment ,the table of contents of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #eid7 is amended by inserting after the item relating to section #iag the following3 ,sec4 #iah4 ,smart energy and water efficiency pilot program4 4 ,,ii ,nuclear #bjja4 ,advanced ,nuclear ,fuel ,availability 7a7 ,program 7#a7 ,establishment ,the ,secretary shall establish and carry out1 through the ,office of ,nuclear ,energy1 a program to support the availability of ,,ha-,,leu for civilian domestic research1 development1 demonstration1 and commercial use4 7#b7 ,program elements ,in carrying out the program under paragraph 7#a71 the ,secretary-- 7,a7 shall develop1 in consultation with the ,commission1 criticality benchmark data to assist the ,commission in-- 7i7 the licensing and regulation of special nuclear material fuel fabrication and enrichment facilities under part #gj of title #aj1 ,code of ,federal ,regulations2 and 7ii7 certification of transportation packages under part #ga of title #aj1 ,code of ,federal ,regulations2 7,b7 shall conduct research and development1 and provide financial assistance to assist commercial entities1 to design and license transportation packages for ,,ha-,,leu1 including canisters for metal1 gas1 and other ,,ha-,,leu compositions2 7,c7 shall1 to the extent practicable-- 7i7 by ,january #a1 #bjbd1 support commercial entity submission of such transportation package designs to the ,commission for certification by the ,commission under part #ga of title #aj1 ,code of ,federal ,regulations2 and 7ii7 encourage the ,commission to have such transportation package designs so certified by the ,commission within #bd months after receipt of an application2 7,d7 shall consider options for acquiring or providing ,,ha-,,leu from a stockpile of uranium owned by the ,department1 or using enrichment technology1 to make available to members of the consortium established pursuant to subparagraph 7,f7 for commercial use or demonstration projects1 taking into account cost and amount of time required1 and prioritizing methods that would produce usable ,,ha-,,leu the quickest1 including options for acquiring or providing ,,ha-,,leu-- 7i7 that-- 7,i7 directly meets the needs of an end user2 and 7,,ii7 has been previously used or fabricated for another purpose2 7ii7 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 research1 development1 demonstration1 or deployment activities of the ,department removed2 7iii7 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 user2 7iv7 that is produced by ,department research1 development1 and demonstration activities2 7v7 that is produced in the ,united ,states by-- 7,i7 a ,united ,states-owned commercial entity operating ,united ,states-origin technology2 7,,ii7 a ,united ,states-owned commercial entity operating a foreign-origin technology2 or 7,,iii7 a foreign-owned entity operating a foreign-origin technology2 7vi7 that does not require extraction of uranium or development of uranium from lands managed by the ,federal ,government1 cause harm to the natural or cultural resources of ,tribal communities or sovereign ,native ,nations1 or result in degraded ground or surface water quality on publicly managed or privately owned lands2 or 7vii7 that does not negatively impact the availability of ,,ha-,,leu by the ,department to support the production of medical isotopes1 including the medical isotopes defined under the ,american ,medical ,isotopes ,production ,act of #bjab 7,public ,law #aab-bci2 #abf ,stat4 #bbaa72 7,e7 not later than #a year after the date of enactment of this ,act1 and biennially thereafter1 shall conduct a survey of stakeholders to estimate the quantity of ,,ha-,,leu necessary for domestic commercial use for each of the #e subsequent years2 7,f7 shall establish1 and from time to time update1 a consortium1 which may include entities involved in any stage of the nuclear fuel cycle1 to partner with the ,department to support the availability of ,,ha-,,leu for civilian domestic demonstration and commercial use1 including by-- 7i7 providing information to the ,secretary for purposes of surveys conducted under subparagraph 7,e72 7ii7 purchasing ,,ha-,,leu made available by the ,secretary to members of the consortium for commercial use under the program2 and 7iii7 carrying out demonstration projects using ,,ha-,,leu provided by the ,secretary under the program2 7,g7 if applicable1 shall1 prior to acquiring or providing ,,ha-,,leu under subparagraph 7,h71 in coordination with the consortium established pursuant to subparagraph 7,f71 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 7,h72 7,h7 shall1 beginning not later than #c years after the establishment of a consortium under subparagraph 7,f71 have the capability to acquire or provide ,,ha-,,leu1 in order to make such ,,ha-,,leu available to members of the consortium beginning not later than ,january #a1 #bjbf1 in amounts that are consistent1 to the extent practicable1 with-- 7i7 the quantities estimated under the surveys conducted under subparagraph 7,e72 plus 7ii7 the quantities necessary for demonstration projects carried out under the program1 as determined by the ,secretary2 7,i7 shall1 for advanced reactor demonstration projects1 prioritize the provision of ,,ha-,,leu made available under this section through a merit-based1 competitive selection process2 and 7,j7 shall seek to ensure that the activities carried out under this section do not cause any delay in the progress of any ,,ha-,,leu project between private industry and the ,department that is underway as of the date of the enactment of this section4 7#c7 ,applicability of ,,usec ,privatization ,act 7,a7 ,sale or transfer to consortium ,the requirements of section #caab of the ,,usec ,privatization ,act 7#db ,u4,s4,c4 #bbig;h-#aj71 except for the requirements of subparagraph 7,a7 of section #caab7;d77#b71 shall not apply to the provision of enrichment services1 or the sale or transfer of ,,ha-,,leu for commercial use by the ,secretary to a member of the consortium under this subsection4 7,b7 ,demonstration ,,ha-,,leu made available to members of the consortium established pursuant to paragraph 7#b77;,f7 for demonstration projects shall remain the property of and title will remain with the ,department1 which shall be responsible for the storage1 use1 and disposition of all radioactive waste and spent nuclear fuel created by the irradiation1 processing1 or purification of such uranium1 and shall not be subject to the requirements of a sale or transfer of uranium under sections #caab1 except for the requirements of subparagraph 7,a7 of section #caab7;d77#b71 and #caac of the ,,usec ,privatization ,act 7#db ,u4,s4,c4 #bbig;h-#aj2 #db ,u4,s4,c4 #bbig;h-#aa74 7#d7 ,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 needs1 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 missions4 7#e7 ,,doe acquisition of ,,ha-,,leu ,the ,secretary may not make commitments under this section 7including cooperative agreements 7used in accordance with section #fcje of title #ca1 ,united ,states ,code71 purchase agreements1 guarantees1 leases1 service contracts1 or any other type of commitment7 for the purchase or other acquisition of ,,ha-,,leu unless-- 7,a7 funds are specifically provided for such purposes in advance in subsequent appropriations ,acts1 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 made2 or 7,b7 such committing agreement includes a clause conditioning the ,federal ,government's obligation on the availability of future year appropriations4 7#f7 ,sunset ,the authority of the ,secretary to carry out the program under this subsection shall expire on the earlier of-- 7,a7 ,september #cj1 #bjcd2 or 7,b7 #ij 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 market4 7#g7 ,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 subsection4 7b7 ,reports to ,congress 7#a7 ,commission report on necessary regulatory updates ,not later than #ab months after the date of enactment of this ,act1 the ,commission shall submit to ,congress a report that includes-- 7,a7 identification of updates to regulations1 certifications1 and other regulatory policies that the ,commission determines are necessary in order for ,,ha-,,leu to be commercially available1 including-- 7i7 guidance for material control and accountability of special nuclear material2 7ii7 certifications relating to transportation packaging for ,,ha-,,leu2 and 7iii7 licensing of enrichment1 conversion1 and fuel fabrication facilities for ,,ha-,,leu1 and associated physical security plans for such facilities2 7,b7 a description of such updates2 and 7,c7 a timeline to complete such updates4 7#b7 ,,doe report on program to support the availability of ,,ha-,,leu for civilian domestic demonstration and commercial use 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 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 7a77#a74 7,b7 ,coordination and stakeholder input ,in developing the report under this paragraph1 the ,secretary shall consult with-- 7i7 the ,commission2 7ii7 suppliers of medical isotopes that have converted their operations to use ,,ha-,,leu2 7iii7 the ,national ,laboratories2 7iv7 institutions of higher education2 7v7 a diverse group of entities from the nuclear energy industry2 7vi7 a diverse group of technology developers2 7vii7 experts in nuclear nonproliferation1 environmental safety1 safeguards and security1 and public health and safety2 and 7viii7 members of the consortium created under subsection 7a77#b77;,f74 7,c7 ,cost and schedule estimates ,the report under this paragraph shall include estimated costs1 budgets1 and timeframes for all activities carried out under this section4 7,d7 ,required evaluations ,the report under this paragraph shall evaluate-- 7i7 the actions required to establish and carry out the program under subsection 7a77#a7 and the cost of such actions1 including with respect to-- 7,i7 proposed preliminary terms for contracting between the ,department and recipients of ,,ha-,,leu under the program 7including guidelines defining the roles and responsibilities between the ,department and the recipient72 and 7,,ii7 the potential to coordinate with recipients of ,,ha-,,leu under the program regarding-- 7aa7 fuel fabrication2 and 7bb7 fuel transport2 7ii7 the potential sources and fuel forms available to provide uranium for the program under subsection 7a77#a72 7iii7 options to coordinate the program under subsection 7a77#a7 with the operation of the versatile1 reactor-based fast neutron source under section #iei;,a of the ,energy ,policy ,act of #bjje 7as added by section #bjjc72 7iv7 the ability of uranium producers to provide materials for advanced nuclear reactor fuel2 7v7 any associated legal1 regulatory1 and policy issues that should be addressed to enable-- 7,i7 implementation of the program under subsection 7a77#a72 and 7,,ii7 the establishment of an industry capable of providing ,,ha-,,leu2 and 7vi7 any research and development plans to develop criticality benchmark data under subsection 7a77#b77;,a71 if needed4 7#c7 ,alternate fuels report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall1 after consulting with relevant entities1 including ,national ,laboratories1 institutions of higher education1 and technology developers1 submit to ,congress a report identifying any and all options for providing nuclear material1 containing isotopes other than the uranium-#bce isotope1 such as uranium-#bcc and thorium-#bcb to be used as fuel for advanced nuclear reactor research1 development1 demonstration1 or commercial application purposes4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out research1 development1 demonstration1 and transportation activities in this section-- 7#a7 #ca1ejj1jjj for fiscal year #bjba2 7#b7 #cc1jge1jjj for fiscal year #bjbb2 7#c7 #cd1gbh1gej for fiscal year #bjbc2 7#d7 #cf1dfe1ahh for fiscal year #bjbd2 and 7#e7 #ch1bhh1ddg for fiscal year #bjbe4 7d7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,nuclear ,regulatory ,commission4 7#b7 ,demonstration project ,the term demonstration project has the meaning given such term in section #iei;,a of the ,energy ,policy ,act of #bjje4 7#c7 ,,ha-,,leu ,the term ,,ha-,,leu means high-assay low-enriched uranium4 7#d7 ,high-assay low-enriched uranium ,the term high-assay low-enriched uranium means uranium having an assay greater than #e4j weight percent and less than #bj4j weight percent of the uranium-#bce isotope4 7#e7 ,high-enriched uranium ,the term high-enriched uranium means uranium with an assay of #bj4j weight percent or more of the uranium-#bce isotope4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 #bjjb4 ,amendments to definitions in ,energy ,policy ,act of #bjje ,section #iea7;b77#a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga7;b77#a77 is amended to read as follows3 7#a7 ,advanced nuclear reactor ,the term advanced nuclear reactor means-- 7,a7 a nuclear fission reactor1 including a prototype plant 7as defined in sections #ej4b and #eb4a of title #aj1 ,code of ,federal ,regulations 7or successor regulations771 with significant improvements compared to reactors operating on the date of enactment of the ,energy ,act of #bjbj1 including improvements such as-- 7i7 additional inherent safety features2 7ii7 lower waste yields2 7iii7 improved fuel and material performance2 7iv7 increased tolerance to loss of fuel cooling2 7v7 enhanced reliability or improved resilience2 7vi7 increased proliferation resistance2 7vii7 increased thermal efficiency2 7viii7 reduced consumption of cooling water and other environmental impacts2 7ix7 the ability to integrate into electric applications and nonelectric applications2 7x7 modular sizes to allow for deployment that corresponds with the demand for electricity or process heat2 and 7xi7 operational flexibility to respond to changes in demand for electricity or process heat and to complement integration with intermittent renewable energy or energy storage2 and 7,b7 a fusion reactor4 4 #bjjc4 ,nuclear energy research1 development1 demonstration1 and commercial application programs 7a7 ,reactor concepts research1 development1 and demonstration ,section #ieb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgb7 is amended to read as follows3 #ieb4 ,reactor concepts research1 development1 demonstration1 and commercial application 7a7 ,sustainability program for light water reactors 7#a7 ,in general ,the ,secretary shall carry out a program of research1 development1 demonstration1 and commercial application1 including through the use of modeling and simulation1 to support existing operating nuclear power plants which shall address technologies to modernize and improve1 with respect to such plants-- 7,a7 reliability2 7,b7 capacity2 7,c7 component aging2 7,d7 safety2 7,e7 physical security and security costs2 7,f7 plant lifetime2 7,g7 operations and maintenance costs1 including by utilizing risk-informed systems analysis2 7,h7 the ability for plants to operate flexibly2 7,i7 nuclear integrated energy system applications described in subsection 7c72 7,j7 efficiency2 7,k7 environmental impacts2 and 7,l7 resilience4 7#b7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the program under this subsection #ee1jjj1jjj for each of fiscal years #bjba through #bjbe4 7#c7 ,report ,the ,secretary shall submit annually a public report to the ,committee on ,science1 ,space1 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 activities1 objectives1 and outcomes1 including those that could benefit the entirety of the existing reactor fleet1 such as with respect to aging management and related sustainability concerns1 and identifying funds awarded to private entities4 7b7 ,advanced reactor technologies 7#a7 ,in general ,the ,secretary shall carry out a program of research1 development1 demonstration1 and commercial application to support advanced reactor technologies4 7#b7 ,requirements ,in carrying out the program under this subsection1 the ,secretary shall-- 7,a7 prioritize designs for advanced nuclear reactors that are proliferation resistant and passively safe1 including designs that1 compared to reactors operating on the date of enactment of the ,energy ,act of #bjbj-- 7i7 are economically competitive with other electric power generation plants2 7ii7 have higher efficiency1 lower cost1 less environmental impacts1 increased resilience1 and improved safety2 7iii7 use fuels that are proliferation resistant and have reduced production of high-level waste per unit of output2 and 7iv7 use advanced instrumentation and monitoring systems2 7,b7 consult with the ,nuclear ,regulatory ,commission on appropriate metrics to consider for the criteria specified in subparagraph 7,a72 7,c7 support research and development to resolve materials challenges relating to extreme environments1 including environments that contain high levels of-- 7i7 radiation fluence2 7ii7 temperature2 7iii7 pressure2 and 7iv7 corrosion2 7,d7 support research and development to aid in the qualification of advanced fuels1 including fabrication techniques2 7,e7 support activities that address near-term challenges in modeling and simulation to enable accelerated design of and licensing of advanced nuclear reactors1 including the identification of tools and methodologies for validating such modeling and simulation efforts2 7,f7 develop technologies1 including technologies to manage1 reduce1 or reuse nuclear waste2 7,g7 ensure that nuclear research infrastructure is maintained or constructed1 including-- 7i7 currently operational research reactors at the ,national ,laboratories and institutions of higher education2 7ii7 hot cell research facilities2 7iii7 a versatile fast neutron source2 and 7iv7 advanced coolant testing facilities1 including coolants such as lead1 sodium1 gas1 and molten salt2 7,h7 improve scientific understanding of nonlight water coolant physics and chemistry2 7,i7 develop advanced sensors and control systems1 including the identification of tools and methodologies for validating such sensors and systems2 7,j7 investigate advanced manufacturing and advanced construction techniques and materials to reduce the cost of advanced nuclear reactors1 including the use of digital twins and of strategies to implement project and construction management best practices1 and study the effects of radiation and corrosion on materials created with these techniques2 7,k7 consult with the ,administrator of the ,national ,nuclear ,security ,administration to integrate reactor safeguards and security into design2 7,l7 support efforts to reduce any technical barriers that would prevent commercial application of advanced nuclear energy systems2 and 7,m7 develop various safety analyses and emergency preparedness and response methodologies4 7#c7 ,coordination ,the ,secretary shall coordinate with individuals engaged in the private sector and individuals who are experts in nuclear nonproliferation1 environmental and public health and safety1 and economics to advance the development of various designs of advanced nuclear reactors4 ,in carrying out this paragraph1 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 program4 7#d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the program under this subsection #ee1jjj1jjj for each of fiscal years #bjba through #bjbe4 7c7 ,nuclear integrated energy systems research1 development1 demonstration1 and commercial application program 7#a7 ,in general ,the ,secretary shall carry out a program of research1 development1 demonstration1 and commercial application to develop nuclear integrated energy systems1 composed of #b or more co-located or jointly operated subsystems of energy generation1 energy storage1 or other technologies and in which not less than #a such subsystem is a nuclear energy system1 to-- 7,a7 reduce greenhouse gas emissions in both the power and nonpower sectors2 and 7,b7 maximize energy production and efficiency4 7#b7 ,coordination ,in carrying out the program under paragraph 7#a71 the ,secretary shall coordinate with-- 7,a7 relevant program offices within the ,department of ,energy2 7,b7 ,national ,laboratories2 7,c7 institutions of higher education2 and 7,d7 the private sector4 7#c7 ,focus areas ,the program under paragraph 7#a7 may include research1 development1 demonstration1 or commercial application of nuclear integrated energy systems with respect to-- 7,a7 desalination technologies and processes2 7,b7 hydrogen or other liquid and gaseous fuel or chemical production2 7,c7 heat for industrial processes2 7,d7 district heating2 7,e7 heat or electricity generation and storage2 7,f7 carbon capture1 use1 utilization1 and storage2 7,g7 microgrid or island applications2 7,h7 integrated systems modeling1 analysis1 and optimization1 inclusive of different configurations of integrated energy systems2 and 7,i7 integrated design1 planning1 building1 and operation of systems with existing infrastructure1 including interconnection requirements with the electric grid1 as appropriate4 7#d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the program under this subsection-- 7,a7 #bj1jjj1jjj for fiscal year #bjba2 7,b7 #cj1jjj1jjj for fiscal year #bjbb2 7,c7 #cj1jjj1jjj for fiscal year #bjbc2 7,d7 #dj1jjj1jjj for fiscal year #bjbd2 and 7,e7 #dj1jjj1jjj for fiscal year #bjbe4 4 7b7 ,fuel cycle research and development ,section #iec of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgc7 is amended to read as follows3 #iec4 ,fuel cycle research1 development1 demonstration1 and commercial application 7a7 ,used nuclear fuel research1 development1 demonstration1 and commercial application 7#a7 ,in general ,the ,secretary shall conduct an advanced fuel cycle research1 development1 demonstration1 and commercial application program to improve fuel cycle performance1 minimize environmental and public health and safety impacts1 and support a variety of options for used nuclear fuel storage1 use1 and disposal1 including advanced nuclear reactor and non-reactor concepts 7such as radioisotope power systems71 which may include-- 7,a7 dry cask storage2 7,b7 consolidated interim storage2 7,c7 deep geological storage and disposal1 including mined repository1 and other technologies2 7,d7 used nuclear fuel transportation2 7,e7 integrated waste management systems2 7,f7 vitrification2 7,g7 fuel recycling and transmutation technologies1 including advanced reprocessing technologies such as electrochemical and molten salt technologies1 and advanced redox extraction technologies2 7,h7 advanced materials to be used in subparagraphs 7,a7 through 7,g72 and 7,i7 other areas as determined by the ,secretary4 7#b7 ,requirements ,in carrying out the program under this subsection1 the ,secretary shall-- 7,a7 ensure all activities and designs incorporate state of the art safeguards technologies and techniques to reduce risk of proliferation2 7,b7 consult with the ,administrator of the ,national ,nuclear ,security ,administration to integrate safeguards and security by design2 7,c7 consider the potential benefits and other impacts of those activities for civilian nuclear applications1 environmental health and safety1 and national security1 including consideration of public consent2 and 7,d7 consider the economic viability of all activities and designs4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the program under this subsection #fj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7b7 ,advanced fuels 7#a7 ,in general ,the ,secretary shall conduct an advanced fuels research1 development1 demonstration1 and commercial application program on next-generation light water reactor and advanced reactor fuels that demonstrate the potential for improved-- 7,a7 performance2 7,b7 accident tolerance2 7,c7 proliferation resistance2 7,d7 use of resources2 7,e7 environmental impact2 and 7,f7 economics4 7#b7 ,requirements ,in carrying out the program under this subsection1 the ,secretary shall focus on the development of advanced technology fuels1 including fabrication techniques1 that offer improved accident-tolerance and economic performance with the goal of initial commercial application by ,december #ca1 #bjbe4 7#c7 ,report ,not later than #ahj days after the date of enactment of this section1 the ,secretary shall submit to the ,committee on ,science1 ,space1 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 economics1 the fuel cycle1 operations1 safety1 proliferation1 and the environment4 7#d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the program under this subsection #abe1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 7c7 ,nuclear science and engineering support ,section #ied of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgd7 is amended-- 7#a7 in the section heading1 by striking ,university nuclear and inserting ,nuclear2 7#b7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking this section and inserting this subsection2 and 7,b7 by redesignating paragraphs 7#a7 through 7#e7 as subparagraphs 7,a7 through 7,e71 respectively1 and indenting appropriately2 7#c7 in subsection 7c71 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting appropriately2 7#d7 in subsection 7d7-- 7,a7 in the matter preceding paragraph 7#a71 by striking this section and inserting this subsection2 and 7,b7 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively1 and indenting appropriately2 7#e7 in subsection 7e71 by striking this section and inserting this subsection2 7#f7 in subsection 7f7-- 7,a7 by striking this section and inserting this subsection2 and 7,b7 by striking subsection 7b77#b7 and inserting paragraph 7#b77;,b72 7#g7 by redesignating subsections 7a7 through 7d7 as paragraphs 7#a7 through 7#d71 respectively1 and indenting appropriately2 7#h7 by redesignating subsections 7e7 and 7f7 as paragraphs 7#g7 and 7#h71 respectively2 7#i7 by inserting after paragraph 7#d7 7as so redesignated7 the following3 7#e7 ,radiological facilities management 7,a7 ,in general ,the ,secretary shall carry out a program under which the ,secretary shall provide project management1 technical support1 quality engineering and inspection1 and nuclear material handling support to research reactors located at universities4 7,b7 ,authorization of appropriations ,of any amounts appropriated to carry out the program under this subsection1 there are authorized to be appropriated to the ,secretary to carry out the program under this paragraph #bj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7#f7 ,nuclear energy university program ,in carrying out the programs under this section1 the ,department shall1 to the maximum extent practicable1 allocate #bj percent of funds appropriated to nuclear energy research and development programs annually to fund university-led research and university infrastructure projects through an open1 competitive solicitation process4 2 7#aj7 by inserting before paragraph 7#a7 7as so redesignated7 the following3 7a7 ,university nuclear science and engineering support 2 and 7#aa7 by adding at the end the following3 7b7 ,nuclear energy graduate traineeship subprogram 7#a7 ,establishment ,in carrying out the program under subsection 7a71 the ,secretary shall establish a nuclear energy graduate traineeship subprogram under which the ,secretary shall competitively award graduate traineeships in coordination with universities to provide focused1 advanced training to meet critical mission needs of the ,department1 including in industries that are represented by skilled labor unions4 7#b7 ,requirements ,in carrying out the subprogram under this subsection1 the ,secretary shall-- 7,a7 encourage appropriate partnerships among ,national ,laboratories1 affected universities1 and industry2 and 7,b7 on an annual basis1 evaluate the needs of the nuclear energy community to implement graduate traineeships for focused topical areas addressing mission-specific workforce needs4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the subprogram under this subsection #e1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 7d7 ,conforming amendment ,the table of contents of the ,energy ,policy ,act of #bjje 7,public ,law #aji- #eh2 #aai ,stat4 #fjj7 is amended by striking the items relating to sections #ieb through #ied and inserting the following3 ,sec4 #ieb4 ,reactor concepts research1 development1 demonstration1 and commercial application4 ,sec4 #iec4 ,fuel cycle research1 development1 demonstration1 and commercial application4 ,sec4 #ied4 ,nuclear science and engineering support4 4 7e7 ,university nuclear leadership program ,section #cac of the ,omnibus ,appropriations ,act1 #bjji 7#db ,u4,s4,c4 #afbgd;a71 is amended to read as follows3 #cac4 ,university ,nuclear ,leadership ,program 7a7 ,in general ,the ,secretary of ,energy1 the ,administrator of the ,national ,nuclear ,security ,administration1 and the ,chairman of the ,nuclear ,regulatory ,commission shall jointly establish a program1 to be known as the ,university ,nuclear ,leadership ,program4 7b7 ,use of funds 7#a7 ,in general ,except as provided in paragraph 7#b71 amounts made available to carry out the ,program shall be used to provide financial assistance for scholarships1 fellowships1 and research and development projects at institutions of higher education in areas relevant to the programmatic mission of the applicable ,federal agency1 with an emphasis on providing the financial assistance with respect to research1 development1 demonstration1 and commercial application activities relevant to civilian advanced nuclear reactors including1 but not limited to-- 7,a7 relevant fuel cycle technologies2 7,b7 project management2 and 7,c7 advanced construction1 manufacturing1 and fabrication methods4 7#b7 ,exception ,notwithstanding paragraph 7#a71 amounts made available to carry out the ,program may be used to provide financial assistance for a scholarship1 fellowship1 or multiyear research and development project that does not align directly with a programmatic mission of the ,department of ,energy1 if the activity for which assistance is provided would facilitate the maintenance of the discipline of nuclear science or engineering4 7c7 ,definitions ,in this section3 7#a7 ,advanced nuclear reactor2 institution of higher education ,the terms advanced nuclear reactor and institution of higher education have the meanings given those terms in section #iea of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga74 7#b7 ,program ,the term ,program means the ,university ,nuclear ,leadership ,program established under this section4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out the ,program for each of fiscal years #bjba through #bjbe-- 7#a7 #cj1jjj1jjj to the ,secretary of ,energy1 of which #ae1jjj1jjj shall be for use by the ,administrator of the ,national ,nuclear ,security ,administration2 and 7#b7 #ae1jjj1jjj to the ,nuclear ,regulatory ,commission4 4 7f7 ,nuclear energy research infrastructure ,section #iee of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbge7 is amended-- 7#a7 in subsection 7c71 paragraph 7#a7-- 7,a7 in the paragraph heading1 by striking ,mission need and inserting ,authorization2 and 7,b7 in subparagraph 7,a71 by striking determine the mission need and inserting provide2 7#b7 by adding at the end of subsection 7c7 the following3 7#g7 ,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-- 7,a7 #bie1jjj1jjj for fiscal year #bjba2 7,b7 #cdh1jjj1jjj for fiscal year #bjbb2 7,c7 #ebe1jjj1jjj for fiscal year #bjbc2 7,d7 #ecd1jjj1jjj for fiscal year #bjbd2 and 7,e7 #ehd1jjj1jjj for fiscal year #bjbe4 4 7#c7 in subsection 7c7 paragraph 7#d71 by striking #bjbe and inserting #bjbf2 and 7#d7 by adding at the end the following3 7d7 ,gateway for accelerated innovation in nuclear 7#a7 ,in general ,in carrying out the programs under this subtitle1 the ,secretary is authorized to establish a new initiative to be known as the ,gateway for ,accelerated ,innovation in ,nuclear 7,,gain74 ,the initiative shall1 to the maximum extent practicable and consistent with national security1 provide the nuclear energy industry with access to cutting edge research and development along with the technical1 regulatory1 and financial support necessary to move innovative nuclear energy technologies toward commercialization in an accelerated and cost-effective fashion4 ,the ,secretary shall make available1 as a minimum-- 7,a7 experimental capabilities and testing facilities2 7,b7 computational capabilities1 modeling1 and simulation tools2 7,c7 access to existing datasets and data validation tools2 and 7,d7 technical assistance with guidance or processes as needed4 7#b7 ,selection 7,a7 ,in general ,the ,secretary shall select industry partners for awards on a competitive merit-reviewed basis4 7,b7 ,considerations ,in selecting industry partners under subparagraph 7,a71 the ,secretary shall consider-- 7i7 the information disclosed by the ,department as described in paragraph 7#a72 and 7ii7 any existing facilities the ,department will provide for public private partnership activities4 4 7g7 ,advanced reactor demonstration program 7#a7 ,in general ,subtitle ,e of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga et seq47 is amended by adding at the end the following3 #iei;,a4 ,advanced reactor demonstration program 7a7 ,demonstration project defined ,for the purposes of this section1 the term demonstration project means an advanced nuclear reactor operated in any manner1 including as part of the power generation facilities of an electric utility system1 for the purpose of demonstrating the suitability for commercial application of the advanced nuclear reactor4 7b7 ,establishment ,the ,secretary shall establish a program to advance the research1 development1 demonstration1 and commercial application of domestic advanced1 affordable1 nuclear energy technologies by-- 7#a7 demonstrating a variety of advanced nuclear reactor technologies1 including those that could be used to produce-- 7,a7 safer1 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 #bjbj2 7,b7 heat for community heating1 industrial purposes1 heat storage1 or synthetic fuel production2 7,c7 remote or off-grid energy supply2 or 7,d7 backup or mission-critical power supplies2 7#b7 identifying research areas that the private sector is unable or unwilling to undertake due to the cost of1 or risks associated with1 the research2 and 7#c7 facilitating the access of the private sector-- 7,a7 to ,federal research facilities and personnel2 and 7,b7 to the results of research relating to civil nuclear technology funded by the ,federal ,government4 7c7 ,demonstration projects ,in carrying out demonstration projects under the program established in subsection 7b71 the ,secretary shall-- 7#a7 include1 as an evaluation criterion1 diversity in designs for the advanced nuclear reactors demonstrated under this section1 including designs using various-- 7,a7 primary coolants2 7,b7 fuel types and compositions2 and 7,c7 neutron spectra2 7#b7 consider1 as evaluation criterions-- 7,a7 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 market1 including those designs configured as integrated energy systems as described in section #ieb7;c72 7,b7 the technology readiness level of a proposed advanced nuclear reactor technology2 7,c7 the technical abilities and qualifications of teams desiring to demonstrate a proposed advanced nuclear reactor technology2 and 7,d7 the capacity to meet cost-share requirements of the ,department2 7#c7 ensure that each evaluation of candidate technologies for the demonstration projects is completed through an external review of proposed designs1 which review shall-- 7,a7 be conducted by a panel that includes not fewer than #a representative that does not have a conflict of interest of each within the applicable market of the design of-- 7i7 an electric utility2 7ii7 an entity that uses high-temperature process heat for manufacturing or industrial processing1 such as a petrochemical or synthetic fuel company1 a manufacturer of metals or chemicals1 or a manufacturer of concrete2 7iii7 an expert from the investment community2 7iv7 a project management practitioner2 and 7v7 an environmental health and safety expert2 and 7,b7 include a review of each demonstration project under this subsection which shall include consideration of cost-competitiveness and other value streams1 together with the technology readiness level1 the technical abilities and qualifications of teams desiring to demonstrate a proposed advanced nuclear reactor technology1 the capacity to meet cost-share requirements of the ,department1 if ,federal funding is provided1 and environmental impacts2 7#d7 for federally funded demonstration projects1 enter into cost-sharing agreements with private sector partners in accordance with section #ihh for the conduct of activities relating to the research1 development1 and demonstration of advanced nuclear reactor designs under the program2 7#e7 consult with-- 7,a7 ,national ,laboratories2 7,b7 institutions of higher education2 7,c7 traditional end users 7such as electric utilities72 7,d7 potential end users of new technologies 7such as users of high-temperature process heat for manufacturing processing1 including petrochemical or synthetic fuel companies1 manufacturers of metals or chemicals1 or manufacturers of concrete72 7,e7 developers of advanced nuclear reactor technology2 7,f7 environmental and public health and safety experts2 and 7,g7 non-proliferation experts2 7#f7 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 section2 7#g7 establish a streamlined approval process for expedited contracting between awardees and the ,department2 7#h7 identify technical challenges to candidate technologies2 7#i7 support near-term research and development to address the highest risk technical challenges to the successful demonstration of a selected advanced reactor technology1 in accordance with-- 7,a7 paragraph 7#h72 7,b7 the research and development activities under section #ieb7;b72 and 7,c7 the research and development activities under section #ieh2 and 7#aj7 establish such technology advisory working groups as the ,secretary determines to be appropriate to advise the ,secretary regarding the technical challenges identified under paragraph 7#h7 and the scope of research and development programs to address the challenges1 in accordance with paragraph 7#i71 to be comprised of-- 7,a7 private sector advanced nuclear reactor technology developers2 7,b7 technical experts with respect to the relevant technologies at institutions of higher education2 7,c7 technical experts at the ,national ,laboratories2 7,d7 environmental and public health and safety experts2 7,e7 non-proliferation experts2 and 7,f7 any other entities the ,secretary determines appropriate4 7d7 ,milestone-based demonstration projects ,the ,secretary may carry out demonstration projects under subsection 7c7 as a milestone-based demonstration project under section #ijje of the ,energy ,act of #bjbj4 7e7 ,nonduplication ,entities may not receive funds under this program if receiving funds from another reactor demonstration program at the ,department in the same fiscal year4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the program under this subsection-- 7#a7 #dje1jjj1jjj for fiscal year #bjba2 7#b7 #dje1jjj1jjj for fiscal year #bjbb2 7#c7 #dbj1jjj1jjj for fiscal year #bjbc2 7#d7 #dee1jjj1jjj for fiscal year #bjbd2 and 7#e7 #dee1jjj1jjj for fiscal year #bjbe4 4 7#b7 ,table of contents ,the table of contents of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #eid7 is amended-- 7,a7 in the items relating to sections #ieg1 #ieh1 and #iei1 by inserting ,sec4 before #ie each place it appears2 and 7,b7 by inserting after the item relating to section #iei the following3 ,sec4 #iei;,a4 ,advanced reactor demonstration program4 4 7h7 ,international nuclear energy cooperation 7#a7 ,in general ,subtitle ,e of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga et seq471 as amended by subsection 7g71 is further amended by adding at the end the following3 #iei;,b4 ,international nuclear energy cooperation ,the ,secretary shall carry out a program-- 7#a7 to collaborate in international efforts with respect to research1 development1 demonstration1 and commercial application of nuclear technology that supports diplomatic1 financing1 nonproliferation1 climate1 and international economic objectives for the safe1 secure1 and peaceful use of such technology2 and 7#b7 to develop collaboration initiatives with respect to such efforts with a variety of countries through-- 7,a7 preparations for research and development agreements2 7,b7 the development of coordinated action plans2 and 7,c7 new or existing multilateral cooperation commitments including-- 7i7 the ,international ,framework for ,nuclear ,energy ,cooperation2 7ii7 the ,generation ,,iv ,international ,forum2 7iii7 the ,international ,atomic ,energy ,agency2 7iv7 the ,organization for ,economic ,co-operation and ,development ,nuclear ,energy ,agency2 and 7v7 any other international collaborative effort with respect to advanced nuclear reactor operations and safety4 4 7#b7 ,table of contents ,the table of contents of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #eid71 as amended by subsection 7g71 is further amended by inserting after the item relating to section #iei;,a the following3 ,sec4 #iei;,b4 ,international nuclear energy cooperation4 4 #bjjd4 ,high-performance computation collaborative research program ,section #ieg of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgg7 is amended by adding at the end the following3 7d7 ,duplication ,the ,secretary shall ensure the coordination of1 and avoid unnecessary duplication of1 the activities of the program under subsection 7a7 with the activities of-- 7#a7 other research entities of the ,department1 including the ,national ,laboratories1 the ,advanced ,research ,projects ,agency-,energy1 and the ,advanced ,scientific ,computing ,research program2 and 7#b7 industry4 4 #bjje4 ,nuclear energy budget plan ,section #iei of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgi7 is amended-- 7#a7 by amending subsection 7b7 to read as follows3 7b7 ,budget plan alternative #a ,one of the budget plans submitted under subsection 7a7 shall assume constant annual funding for #aj years at the appropriated level for the current fiscal year for the civilian nuclear energy research and development of the ,department4 2 7#b7 in subsection 7d77#b7 by striking 2 and and inserting 22 7#c7 in subsection 7d77#c7 by striking the period at the end and inserting 2 and 7#d7 by inserting at the end of subsection 7d7 the following3 7#d7 a description of the progress made under the programs described in section #iei;,a4 2 and 7#e7 by inserting after subsection 7d7 the following3 7e7 ,updates ,not less frequently than once every #b years1 the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate updated #aj-year budget plans which shall identify1 and provide a justification for1 any major deviation from a previous budget plan submitted under this section4 4 #bjjf4 ,organization and administration of programs 7a7 ,in general ,subtitle ,e of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga et seq471 as amended by this ,act1 is further amended by adding at the end of the following3 #iei;,c4 ,organization and administration of programs 7a7 ,coordination ,in carrying out this subtitle1 the ,secretary shall coordinate activities1 and effectively manage crosscutting research priorities across programs of the ,department and other relevant ,federal agencies1 including the ,national ,laboratories4 7b7 ,collaboration 7#a7 ,in general ,in carrying out this subtitle1 the ,secretary shall collaborate with industry1 ,national ,laboratories1 other relevant ,federal agencies1 institutions of higher education1 including minority-serving institutions and research reactors1 ,tribal entities1 including ,alaska ,native ,corporations1 and international bodies with relevant scientific and technical expertise4 7#b7 ,participation ,to the extent practicable1 the ,secretary shall encourage research projects that promote collaboration between entities specified in paragraph 7#a74 7c7 ,dissemination of results and public availability ,the ,secretary shall1 except to the extent protected from disclosure under section #eeb7;b7 of title #e1 ,united ,states ,code1 publish the results of projects supported under this subtitle through ,department websites1 reports1 databases1 training materials1 and industry conferences1 including information discovered after the completion of such projects4 7d7 ,education and outreach ,in carrying out the activities described in this subtitle1 the ,secretary shall support education and outreach activities to disseminate information and promote public understanding of nuclear energy4 7e7 ,technical assistance ,in carrying out this subtitle1 for the purposes of supporting technical1 nonhardware1 and information-based advances in nuclear energy development and operations1 the ,secretary shall also conduct technical assistance and analysis activities1 including activities that support commercial application of nuclear energy in rural1 ,tribal1 and low-income communities4 7f7 ,program review ,at least annually1 all programs in this subtitle shall be subject to an annual review by the ,nuclear ,energy ,advisory ,committee of the ,department or other independent entity1 as appropriate4 7g7 ,sensitive information ,the ,secretary shall not publish any information generated under this subtitle that is detrimental to national security1 as determined by the ,secretary4 4 7b7 ,table of contents ,the table of contents of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #eid71 as amended by this ,act1 is further amended by inserting after the item relating to section #iei;,b the following3 ,sec4 #iei;,c4 ,organization and administration of programs4 4 #bjjg4 ,extension and expansion of limitations on importation of uranium from ,russian ,federation 7a7 ,in general ,section #caab;,a of the ,,usec ,privatization ,act 7#db ,u4,s4,c4 #bbig;h-#aj;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraph 7#g7 as paragraph 7#h72 and 7,b7 by inserting after paragraph 7#f7 the following3 7#g7 ,suspension ,agreement ,the term ,suspension ,agreement has the meaning given that term in section #cajb7ac74 2 7#b7 in subsection 7b7-- 7,a7 by striking ,united ,states to support and inserting the following3 8,united ,states-- 7#a7 to support 2 7,b7 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#b7 to reduce reliance on uranium imports in order to protect essential national security interests2 7#c7 to revive and strengthen the supply chain for nuclear fuel produced and used in the ,united ,states2 and 7#d7 to expand production of nuclear fuel in the ,united ,states4 2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7vi71 by striking 2 and and inserting a semicolon2 7,,ii7 in clause 7vii71 by striking the period at the end and inserting a semicolon2 and 7,,iii7 by adding at the end the following3 7viii7 in calendar year #bjba1 #eif1fhb kilograms2 7ix7 in calendar year #bjbb1 #dhi1fag kilograms2 7x7 in calendar year #bjbc1 #egh1hgg kilograms2 7xi7 in calendar year #bjbd1 #dgf1ecf kilograms2 7xii7 in calendar year #bjbe1 #dgj1cgf kilograms2 7xiii7 in calendar year #bjbf1 #dfd1ahc kilograms2 7xiv7 in calendar year #bjbg1 #dei1jhc kilograms2 7xv7 in calendar year #bjbh1 #cdd1cab kilograms2 7xvi7 in calendar year #bjbi1 #cdj1aad kilograms2 7xvii7 in calendar year #bjcj1 #ccb1ada kilograms2 7xviii7 in calendar year #bjca1 #cbh1hfb kilograms2 7xix7 in calendar year #bjcb1 #cbb1bee kilograms2 7xx7 in calendar year #bjcc1 #cag1ecf kilograms2 7xxi7 in calendar year #bjcd1 #bih1jhh kilograms2 7xxii7 in calendar year #bjce1 #bid1eaa kilograms2 7xxiii7 in calendar year #bjcf1 #bhf1jff kilograms2 7xxiv7 in calendar year #bjcg1 #bha1bgb kilograms2 7xxv7 in calendar year #bjch1 #bgg1abd kilograms2 7xxvi7 in calendar year #bjci1 #bgg1abd kilograms2 and 7xxvii7 in calendar year #bjdj1 #bfg1fhe kilograms4 2 7ii7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7iii7 by inserting after subparagraph 7,a7 the following3 7,b7 ,administration 7i7 ,in general ,the ,secretary of ,commerce shall administer the import limitations described in subparagraph 7,a7 in accordance with the provisions of the ,suspension ,agreement1 including-- 7,i7 the limitations on sales of enriched uranium product and separative work units plus conversion1 in amounts determined in accordance with ,section ,,iv4,b4#a of the ,suspension ,agreement 7as amended by the amendment published in the ,federal ,register on ,october #i1 #bjbj 7#he ,fed4 ,reg4 #fdaab772 7,,ii7 the export limit allocations set forth in ,appendix #e of the ,suspension ,agreement 7as so amended72 7,,iii7 the requirements for natural uranium returned feed associated with imports of low-enriched uranium1 including pursuant to sales of enrichment1 with or without conversion1 from the ,russian ,federation1 as set forth in ,section ,,iv4,b4#a of the ,suspension ,agreement 7as so amended72 7,,iv7 any other provisions of the ,suspension ,agreement 7as so amended72 and 7,v7 any related administrative guidance issued by the ,department of ,commerce4 7ii7 ,effect of termination of ,suspension ,agreement ,clause 7i7 shall remain in effect if the ,suspension ,agreement is terminated4 2 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by striking the semicolon and inserting 2 or2 7ii7 in subparagraph 7,b71 by striking 2 or and inserting a period2 and 7iii7 by striking subparagraph 7,c72 7,c7 in paragraph 7#e7-- 7i7 in subparagraph 7,a71 by striking reference data and all that follows through #bjai and inserting the following3 lower scenario data in the report of the ,world ,nuclear ,association entitled ,the ,nuclear ,fuel ,report3 ,global ,scenarios for ,demand and ,supply ,availability #bjai-bjdj4 ,in each of calendar years #bjbc1 #bjbi1 and #bjce2 and 7ii7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,c7 and 7,d71 respectively2 7iii7 by inserting after subparagraph 7,a7 the following3 7,b7 ,report required ,not later than one year after the date of the enactment of the ,energy ,act of #bjbj1 and every #c years thereafter1 the ,secretary shall submit to ,congress a report that includes-- 7i7 a recommendation on the use of all publicly available data to ensure accurate forecasting by scenario data to comport to actual demand for low-enriched uranium for nuclear reactors in the ,united ,states2 and 7ii7 an identification of the steps to be taken to adjust the import limitations described in paragraph 7#b77;,a7 based on the most accurate scenario data4 2 and 7iv7 in subparagraph 7,d71 as redesignated by clause 7ii71 by striking subparagraph 7,b7 and inserting subparagraph 7,c72 7,d7 in paragraph 7#i71 by striking #bjbj and inserting #bjdj2 7,e7 in paragraph 7#ab77;,b71 by inserting or the ,suspension ,agreement after the ,russian ,,heu ,agreement2 and 7,f7 by striking 7#b77;,b7 each place it appears and inserting 7#b77;,c74 7b7 ,applicability ,the amendments made by subsection 7a7 apply with respect to uranium imported from the ,russian ,federation on or after ,january #a1 #bjba4 #bjjh4 ,fusion energy research 7a7 ,program ,section #cjg of the ,department of ,energy ,research and ,innovation ,act 7#db ,u4,s4,c4 #ahfde7 is amended-- 7#a7 by redesignating subsections 7a7 through 7g7 as subsections 7b7 through 7h71 respectively2 7#b7 by inserting before subsection 7b71 as so redesignated1 the following3 7a7 ,program ,as part of the activities authorized under section #bji of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaci7 and section #igb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcab71 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 ,states4 ,as part of this program1 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 applications4 2 7#c7 by amending subsection 7d7 to read as follows3 7d7 ,inertial fusion research and development 7#a7 ,in general ,the ,director shall carry out a program of research and technology development in inertial fusion for energy applications1 including ion beam1 laser1 and pulsed power fusion systems4 7#b7 ,activities ,as part of the program described in paragraph 7#a71 the ,director shall support activities at and partnerships with universities and the ,national ,laboratories to-- 7,a7 develop novel target designs2 7,b7 support modeling of various inertial fusion energy concepts and systems2 7,c7 develop diagnostic tools2 and 7,d7 improve inertial fusion energy driver technologies4 7#c7 ,authorization of appropriations ,out of funds authorized to be appropriated under subsection 7o71 there are authorized to be appropriated to the ,secretary to carry out the activities described in subsection 7d7 #be1jjj1jjj for each of fiscal years #bjba through #bjbe4 2 7#d7 by amending subsection 7e7 to read as follows3 7e7 ,alternative and enabling concepts 7#a7 ,in general ,the ,director shall support research and development activities and facility operations at institutions of higher education1 ,national ,laboratories1 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 plant1 prioritized based on the ability of the ,united ,states to play a leadership role in the international fusion research community4 7#b7 ,activities ,fusion energy concepts and activities explored under paragraph 7#a7 may include-- 7,a7 alternative fusion energy concepts1 including-- 7i7 advanced stellarator concepts2 7ii7 non-tokamak confinement configurations operating at low magnetic fields2 7iii7 magnetized target fusion energy concepts2 or 7iv7 other promising fusion energy concepts identified by the ,director2 7,b7 enabling fusion technology development activities1 including-- 7i7 high magnetic field approaches facilitated by high temperature superconductors2 7ii7 liquid metals to address issues associated with fusion plasma interactions with the inner wall of the encasing device2 and 7iii7 advanced blankets for heat management and fuel breeding2 and 7,c7 advanced scientific computing activities4 7#c7 ,innovation network for fusion energy 7,a7 ,in general ,the ,secretary1 acting through the ,office of ,science1 shall support a program to provide fusion energy researchers with access to scientific and technical resources and expertise at facilities supported by the ,department1 including such facilities at ,national ,laboratories and universities1 to advance innovative fusion energy technologies toward commercial application4 7,b7 ,awards ,financial assistance under the program established in subsection 7a7-- 7i7 shall be awarded on a competitive1 merit-reviewed basis2 and 7ii7 may be in the form of grants1 vouchers1 equipment loans1 or contracts to private entities4 7#d7 ,authorization of appropriations ,out of funds authorized to be appropriated under subsection 7o71 there are authorized to be appropriated to the ,secretary to carry out the activities described in subsection 7e7 #ej1jjj1jjj for each of fiscal years #bjba through #bjbe4 2 and 7#e7 by adding at the end the following3 7i7 ,milestone-based development program 7#a7 ,in general ,using the authority of the ,secretary under section #fdf7;g7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gbef7;g771 notwithstanding paragraph 7#aj7 of such section1 the ,secretary shall establish1 not later than #f months after the date of enactment of this section1 a milestone-based fusion energy development program that requires projects to meet particular technical milestones before a participant is awarded funds by the ,department4 7#b7 ,purpose ,the purpose of the program established by paragraph 7#a7 shall be to support the development of a ,u4,s4-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 systems1 as defined by the ,secretary1 within #aj years of the enactment of this section4 7#c7 ,eligibility ,any entity is eligible to participate in the program provided that the ,secretary has deemed it as having the necessary resources and expertise4 7#d7 ,requirements ,in carrying out the milestone-based program under paragraph 7#a71 the ,secretary shall1 for each relevant project-- 7,a7 request proposals from eligible entities1 as determined by the ,secretary1 that include proposed technical milestones1 including estimated project timelines and total costs2 7,b7 set milestones based on a rigorous technical review process2 7,c7 award funding of a predetermined amount to projects that successfully meet proposed milestones under paragraph 7#a71 or for expenses deemed reimbursable by the ,secretary1 in accordance with terms negotiated for an individual award2 and 7,d7 communicate regularly with selected eligible entities and1 if the ,secretary deems appropriate1 exercise small amounts of flexibility for technical milestones as projects mature4 7#e7 ,awards ,for the program established under paragraph 7#a7-- 7,a7 an award recipient shall be responsible for all costs until milestones are achieved1 or reimbursable expenses are reviewed and verified by the ,department2 7,b7 should an awardee not meet the milestones described in paragraph 7#d71 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 section2 and 7,c7 consistent with the existing authorities of the ,department1 the ,secretary may end the partnership with an award recipient for cause during the performance period4 7#f7 ,applications ,any project proposal submitted to the program under paragraph 7#a7 shall be evaluated based upon its scientific1 technical1 and business merits through a peer-review process1 which shall include reviewers with appropriate expertise from the private sector1 the investment community1 and experts in the science and engineering of fusion and plasma physics4 7#g7 ,project management ,in carrying out projects under this program and assessing the completion of their milestones in accordance with paragraph 7#d71 the ,secretary shall consult with experts that represent diverse perspectives and professional experiences1 including those from the private sector1 to ensure a complete and thorough review4 7#h7 ,programmatic review ,not later than #d years after the ,secretary has established #c milestones under this program1 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 ,science1 ,space1 and ,technology and the ,senate ,committee on ,energy and ,natural ,resources on the program established under this paragraph 7#a7 that assesses-- 7,a7 the benefits and drawbacks of a milestone-based fusion program as compared to traditional program structure funding models at the ,department2 7,b7 lessons-learned from program operations2 and 7,c7 any other matters the ,secretary determines regarding the program4 7#i7 ,annual report ,as part of the annual budget request submitted for each fiscal year1 the ,secretary shall provide the ,house ,committee on ,science1 ,space1 and ,technology and the ,senate ,committee on ,energy and ,natural ,resources a report describing partnerships supported by the program established under paragraph 7#a7 during the previous fiscal year4 7#aj7 ,authorization of appropriations ,out of funds authorized to be appropriated under subsection 7o71 there are authorized to be appropriated to the ,secretary to carry out the activities described in subsection 7i71 to remain available until expended-- 7,a7 #de1jjj1jjj for fiscal year #bjba2 7,b7 #fe1jjj1jjj for fiscal year #bjbb2 7,c7 #aje1jjj1jjj for fiscal year #bjbc2 7,d7 #fe1jjj1jjj for fiscal year #bjbd2 and 7,e7 #de1jjj1jjj for fiscal year #bjbe4 7j7 ,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 systems4 7k7 ,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 applications1 including support for research relevant to advancements in chip manufacturing and microelectronics4 7l7 ,sense of congress ,it is the sense of ,congress that the ,united ,states should support a robust1 diverse program in addition to providing sufficient support to1 at a minimum1 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 section4 ,it is further the sense of ,congress that developing the scientific basis for fusion1 providing research results key to the success of ,,iter1 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 project4 7m7 ,international collaboration ,the ,director shall-- 7#a7 as practicable and in coordination with other appropriate ,federal agencies as necessary1 ensure the access of ,united ,states researchers to the most advanced fusion research facilities and research capabilities in the world1 including ,,iter2 7#b7 to the maximum extent practicable1 continue to leverage ,united ,states participation ,,iter1 and prioritize expanding international partnerships and investments in current and future fusion research facilities within the ,united ,states2 and 7#c7 to the maximum extent practicable1 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 researchers4 7n7 ,fission and fusion research coordination report 7#a7 ,in general ,not later than #f months after the date of enactment of this section1 the ,secretary shall transmit to ,congress a report addressing opportunities for coordinating fusion energy research and development activities between the ,office of ,nuclear ,energy1 the ,office of ,science1 and the ,advanced ,research ,projects ,agency--,energy4 7#b7 ,components ,the report shall assess opportunities for collaboration on research and development of-- 7,a7 liquid metals to address issues associated with fusion plasma interactions with the inner wall of the encasing device and other components within the reactor2 7,b7 immersion blankets for heat management and fuel breeding2 7,c7 technologies and methods for instrumentation and control2 7,d7 computational methods and codes for system operation and maintenance2 7,e7 codes and standard development2 7,f7 radioactive waste handling2 7,g7 radiological safety2 7,h7 potential for non-electricity generation applications2 and 7,i7 any other overlapping priority as identified by the ,director of the ,office of ,science or the ,assistant ,secretary of ,energy for ,nuclear ,energy4 7o7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the activities described in this section-- 7#a7 #iif1jjj1jjj for fiscal year #bjba2 7#b7 #iba1jjj1jjj for fiscal year #bjbb2 7#c7 #ifa1jjj1jjj for fiscal year #bjbc2 7#d7 #iba1jjj1jjj for fiscal year #bjbd2 and 7#e7 #ija1jjj1jjj for fiscal year #bjbe4 4 7b7 ,,iter ,section #igb7;c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcab7 is amended to read as follows3 7c7 ,united states participation in ,,iter 7#a7 ,in general ,there is authorized ,united ,states participation in the construction and operations of the ,,iter project1 as agreed to under the ,april #be1 #bjjg ,agreement on the ,establishment of the ,,iter ,international ,fusion ,energy ,organization for the ,joint ,implementation of the ,,iter ,project4 ,the ,director shall coordinate and carry out the responsibilities of the ,united ,states with respect to this ,agreement4 7#b7 ,report ,not later than #a year after the date of enactment of this section1 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 ,council4 7#c7 ,authorization of appropriations ,out of funds authorized to be appropriated under section #cjg7o7 of the ,department of ,energy ,research and ,innovation ,act 7#db ,u4,s4,c4 #ahfde71 there shall be made available to the ,secretary to carry out the construction of ,,iter-- 7,a7 #cgd1jjj1jjj for fiscal year #bjba2 and 7,b7 #bha1jjj1jjj for each of fiscal years #bjbb through #bjbe4 4 ,,iii ,renewable ,energy and ,storage ,a ,renewable ,energy ,research and ,development #cjja4 ,water power research and development 7a7 ,in general ,subtitle ,c of title ,,vi of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbaa et seq47 is amended to read as follows3 ,c ,water ,power ,research and ,development #fcb4 ,definitions ,in this subtitle3 7#a7 ,eligible entity ,the term eligible entity means any of the following entities3 7,a7 ,an institution of higher education4 7,b7 ,a ,national ,laboratory4 7,c7 ,a ,federal research agency4 7,d7 ,a ,state research agency4 7,e7 ,a nonprofit research organization4 7,f7 ,an industrial entity or a multi-institutional consortium thereof4 7#b7 ,institution of higher education ,the term institution of higher education means-- 7,a7 an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7772 or 7,b7 a postsecondary vocational institution 7as defined in section #ajb7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;c7774 7#c7 ,marine energy ,the term marine energy means energy from-- 7,a7 waves1 tides1 and currents in oceans1 estuaries1 and tidal areas2 7,b7 free flowing water in rivers1 lakes1 streams1 and man-made channels2 7,c7 differentials in salinity and pressure gradients2 and 7,d7 differentials in water temperature1 including ocean thermal energy conversion4 7#d7 ,national laboratory ,the term ,national ,laboratory has the meaning given such term in section #b7c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja7c774 7#e7 ,water power ,the term water power refers to hydropower1 including conduit power1 pumped storage1 and marine energy technologies4 7#f7 ,microgrid ,the term microgrid has the meaning given such term in section #fda of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbca74 #fcc4 ,water power technology research1 development1 and demonstration ,the ,secretary shall carry out a program to conduct research1 development1 demonstration1 and commercial application of water power technologies in support of each of the following purposes3 7#a7 ,to promote research1 development1 demonstration1 and commercial application of water power generation technologies in order to increase capacity and reduce the cost of those technologies4 7#b7 ,to promote research and development to improve the environmental impact of water power technologies4 7#c7 ,to provide grid reliability and resilience1 including through technologies that facilitate new market opportunities1 such as ancillary services1 for water power4 7#d7 ,to promote the development of water power technologies to improve economic growth and enhance cross-institutional foundational workforce development in the water power sector1 including in coastal communities4 #fcd4 ,hydropower research1 development1 and demonstration ,the ,secretary shall conduct a program of research1 development1 demonstration1 and commercial application for technologies that improve the capacity1 efficiency1 resilience1 security1 reliability1 affordability1 and environmental impact1 including potential cumulative environmental impacts1 of hydropower systems4 ,in carrying out such program1 the ,secretary shall prioritize activities designed to-- 7#a7 develop technology for-- 7,a7 non-powered dams1 including aging and potentially hazardous dams2 7,b7 pumped storage2 7,c7 constructed waterways2 7,d7 new stream-reach development2 7,e7 modular and small dams2 7,f7 increased operational flexibility2 and 7,g7 enhancement of relevant existing facilities2 7#b7 develop new strategies and technologies1 including analytical methods1 physical and numerical tools1 and advanced computing1 as well as methods to validate such methods and tools1 in order to-- 7,a7 extend the operational lifetime of hydropower systems and their physical structures1 while improving environmental impact1 including potential cumulative environmental impacts2 7,b7 assist in device and system design1 installation1 operation1 and maintenance2 and 7,c7 reduce costs1 limit outages1 and increase unit and plant efficiencies1 including by examining the impact of changing water and electricity demand on hydropower generation1 flexibility1 and provision of grid services2 7#c7 study1 in conjunction with other relevant ,federal agencies as appropriate1 methods to improve the hydropower licensing process1 including by compiling current and accepted best practices1 public comments1 and methodologies to assess the full range of potential environmental and economic impacts2 7#d7 identify opportunities for joint research1 development1 and demonstration programs between hydropower systems1 which may include-- 7,a7 pumped storage systems and other renewable energy systems2 7,b7 small hydro facilities and other energy storage systems2 7,c7 other hybrid energy systems2 7,d7 small hydro facilities and critical infrastructure1 including water infrastructure2 and 7,e7 hydro facilities and responsive load technologies1 which may include smart buildings and city systems2 7#e7 improve the reliability of hydropower technologies1 including during extreme weather events2 7#f7 develop methods and technologies to improve environmental impact1 including potential cumulative environmental impacts1 of hydropower and pumped storage technologies1 including potential impacts on wildlife1 such as-- 7,a7 fisheries2 7,b7 aquatic life and resources2 7,c7 navigation of waterways2 and 7,d7 upstream and downstream environmental conditions1 including sediment movement1 water quality1 and flow volumes2 7#g7 identify ways to increase power generation by-- 7,a7 diversifying plant configuration options2 7,b7 improving pump-back efficiencies2 7,c7 investigating multi-phase systems2 7,d7 developing1 testing1 and monitoring advanced generators with faster cycling times1 variable speeds1 and improved efficiencies2 7,e7 developing1 testing1 and monitoring advanced turbines capable of improving environmental impact1 including potential cumulative environmental impacts1 including small turbine designs2 7,f7 developing standardized powertrain components2 7,g7 developing components with advanced materials and manufacturing processes1 including additive manufacturing2 and 7,h7 developing analytical tools that enable hydropower to provide grid services that1 amongst other services1 improve grid integration of other energy sources2 7#h7 advance new pumped storage technologies1 including-- 7,a7 systems with adjustable speed and other new pumping and generating equipment designs2 7,b7 modular systems2 7,c7 alternative closed-loop systems1 including mines and quarries2 and 7,d7 other innovative equipment and materials as determined by the ,secretary2 7#i7 reduce civil works costs and construction times for hydropower and pumped storage systems1 including comprehensive data and systems analysis of hydropower and pumped storage construction technologies and processes in order to identify areas for whole-system efficiency gains2 7#aj7 advance efficient and reliable integration of hydropower and pumped storage systems with the electric grid by-- 7,a7 improving methods for operational forecasting of renewable energy systems to identify opportunities for hydropower applications in pumped storage and hybrid energy systems1 including forecasting of seasonal and annual energy storage2 7,b7 considering aggregating small distributed hydropower assets2 and 7,c7 identifying barriers to grid scale implementation of hydropower and pumped storage technologies2 7#aa7 improve computational fluid dynamic modeling methods2 7#ab7 improve flow measurement methods1 including maintenance of continuous flow measurement equipment2 7#ac7 identify best methods for compiling data on all hydropower resources and assets1 including identifying potential for increased capacity2 and 7#ad7 identify mechanisms to test and validate performance of hydropower and pumped storage technologies4 #fce4 ,marine energy research1 development1 and demonstration 7a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,defense1 ,secretary of ,commerce 7acting through the ,under ,secretary of ,commerce for ,oceans and ,atmosphere7 and other relevant ,federal agencies1 shall conduct a program of research1 development1 demonstration1 and commercial application of marine energy technology1 including activities to-- 7#a7 assist technology development to improve the components1 processes1 and systems used for power generation from marine energy resources at a variety of scales2 7#b7 establish and expand critical testing infrastructure and facilities necessary to-- 7,a7 demonstrate and prove marine energy devices at a range of scales in a manner that is cost-effective and efficient2 and 7,b7 accelerate the technological readiness and commercial application of such devices2 7#c7 address marine energy resource variability issues1 including through the application of energy storage technologies2 7#d7 advance efficient and reliable integration of marine energy with the electric grid1 which may include smart building systems2 7#e7 identify and study critical short-term and long-term needs to maintaining a sustainable marine energy supply chain based in the ,united ,states2 7#f7 increase the reliability1 security1 and resilience of marine energy technologies2 7#g7 validate the performance1 reliability1 maintainability1 and cost of marine energy device designs and system components in an operating environment2 7#h7 consider the protection of critical infrastructure1 such as adequate separation between marine energy devices and submarine telecommunications cables1 including through the development of voluntary1 consensus-based standards for such purposes2 7#i7 identify opportunities for crosscutting research1 development1 and demonstration programs between existing energy research programs2 7#aj7 identify and improve1 in conjunction with the ,secretary of ,commerce1 acting through the ,under ,secretary of ,commerce for ,oceans and ,atmosphere1 and other relevant ,federal agencies as appropriate1 the environmental impact1 including potential cumulative environmental impacts1 of marine energy technologies1 including-- 7,a7 potential impacts on fisheries and other marine resources2 and 7,b7 developing technologies1 including mechanisms for self-evaluation1 and other means available for improving environmental impact1 including potential cumulative environmental impacts2 7#aa7 identify1 in consultation with relevant ,federal agencies1 potential navigational impacts of marine energy technologies and strategies to prevent possible adverse impacts1 in addition to opportunities for marine energy systems to aid the ,united ,states ,coast ,guard1 such as remote sensing for coastal border security2 7#ab7 develop numerical and physical tools1 including models and monitoring technologies1 to assist industry in device and system design1 installation1 operation1 and maintenance1 including methods to validate such tools2 7#ac7 support materials science as it relates to marine energy technology1 such as the development of corrosive-resistant materials2 7#ad7 improve marine energy resource forecasting and general understanding of aquatic system behavior1 including turbulence and extreme conditions2 7#ae7 develop metrics and voluntary1 consensus-based standards1 in coordination with the ,national ,institute of ,standards and ,technology and appropriate standard development organizations1 for marine energy components1 systems1 and projects1 including-- 7,a7 measuring performance of marine energy technologies2 and 7,b7 characterizing environmental conditions2 7#af7 enhance integration with hybrid energy systems1 including desalination2 7#ag7 identify opportunities to integrate marine energy technologies into new and existing infrastructure2 and 7#ah7 to develop technology necessary to support the use of marine energy-- 7,a7 for the generation and storage of power at sea2 and 7,b7 for the generation and storage of power to promote the resilience of coastal communities1 including in applications relating to-- 7i7 desalination2 7ii7 disaster recovery and resilience2 and 7iii7 community microgrids in isolated power systems4 7b7 ,study of non-,power sector applications for advanced marine energy technologies 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,transportation and the ,secretary of ,commerce1 shall conduct a study to examine opportunities for research and development in advanced marine energy technologies for non-power sector applications1 including applications with respect to-- 7,a7 the maritime transportation sector2 7,b7 associated maritime energy infrastructure1 including infrastructure that serves ports1 to improve system resilience and disaster recovery2 and 7,c7 enabling scientific missions at sea and in extreme environments1 including the ,arctic4 7#b7 ,report ,not later than #a year after the date of enactment of this section1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report that describes the results of the study conducted under paragraph 7#a74 #fcf4 ,national ,marine ,energy ,centers 7a7 ,in general ,the ,secretary shall award grants1 each such grant up to #aj1jjj1jjj per year1 to institutions of higher education 7or consortia thereof7 for-- 7#a7 the continuation and expansion of the research1 development1 demonstration1 testing1 and commercial application activities at the ,national ,marine ,energy ,centers 7referred to in this section as ,centers7 established as of ,january #a1 #bjbj2 and 7#b7 the establishment of new ,national ,marine ,energy ,centers4 7b7 ,location selection ,in selecting institutions of higher education for new ,centers1 the ,secretary shall consider the following criteria3 7#a7 ,whether the institution hosts an existing marine energy research and development program4 7#b7 ,whether the institution has proven technical expertise to support marine energy research4 7#c7 ,whether the institution has access to marine resources4 7c7 ,purposes ,the ,centers shall coordinate among themselves1 the ,department1 and ,national ,laboratories to-- 7#a7 advance research1 development1 demonstration1 and commercial application of marine energy technologies in response to industry and commercial needs2 7#b7 support in-water testing and demonstration of marine energy technologies1 including facilities capable of testing-- 7,a7 marine energy systems of various technology readiness levels and scales2 7,b7 a variety of technologies in multiple test berths at a single location2 7,c7 arrays of technology devices2 and 7,d7 interconnectivity to an electrical grid1 including microgrids2 and 7#c7 collect and disseminate information on best practices in all areas relating to developing and managing marine energy resources and energy systems4 7d7 ,coordination ,to the extent practicable1 the ,centers shall coordinate their activities with the ,secretary of ,commerce1 acting through the ,undersecretary of ,commerce for ,oceans and ,atmosphere1 and other relevant ,federal agencies4 7e7 ,termination ,to the extent otherwise authorized by law1 the ,secretary may terminate funding for a ,center described in paragraph 7a7 if such ,center is under-performing4 #fcg4 ,organization and administration of programs 7a7 ,coordination ,in carrying out this subtitle1 the ,secretary shall coordinate activities1 and effectively manage cross-cutting research priorities across programs of the ,department and other relevant ,federal agencies1 including the ,national ,laboratories and the ,national ,marine ,energy ,centers4 7b7 ,collaboration 7#a7 ,in general ,in carrying out this subtitle1 the ,secretary shall collaborate with industry1 ,national ,laboratories1 other relevant ,federal agencies1 institutions of higher education1 including ,minority ,serving ,institutions1 ,national ,marine ,energy ,centers1 ,tribal entities1 including ,alaska ,native ,corporations1 and international bodies with relevant scientific and technical expertise4 7#b7 ,participation ,to the extent practicable1 the ,secretary shall encourage research projects that promote collaboration between entities specified in paragraph 7#a7 and include entities not historically associated with ,national ,marine ,energy ,centers1 such as ,minority ,serving ,institutions4 7#c7 ,international collaboration ,the ,secretary1 in coordination with other appropriate ,federal and multilateral agencies 7including the ,united ,states ,agency for ,international ,development7 shall support collaborative efforts with international partners to promote the research1 development1 and demonstration of water power technologies used to develop hydropower1 pump storage1 and marine energy resources4 7c7 ,dissemination of results and public availability ,the ,secretary shall-- 7#a7 publish the results of projects supported under this subtitle through ,department websites1 reports1 databases1 training materials1 and industry conferences1 including information discovered after the completion of such projects1 withholding any industrial proprietary information2 and 7#b7 share results of such projects with the public except to the extent that the information is protected from disclosure under section #eeb7;b7 of title #e1 ,united ,states ,code4 7d7 ,award frequency ,the ,secretary shall solicit applications for awards under this subtitle no less frequently than once per fiscal year4 7e7 ,education and outreach ,in carrying out the activities described in this subtitle1 the ,secretary shall support education and outreach activities to disseminate information and promote public understanding of water power technologies and the water power workforce1 including activities at the ,national ,marine ,energy ,centers4 7f7 ,technical assistance and workforce development ,in carrying out this subtitle1 the ,secretary may also conduct1 for purposes of supporting technical1 non-hardware1 and information-based advances in water power systems development and operations-- 7#a7 technical assistance and analysis activities with eligible entities1 including activities that support expanding access to advanced water power technologies for rural1 ,tribal1 and low-income communities2 and 7#b7 workforce development and training activities1 including to support the dissemination of standards and best practices for enabling water power production4 7g7 ,strategic plan ,in carrying out the activities described in this subtitle1 the ,secretary shall-- 7#a7 not later than one year after the date of the enactment of the ,energy ,act of #bjbj1 draft a plan1 considering input from relevant stakeholders such as industry and academia1 to implement the programs described in this subtitle and update the plan on an annual basis2 and 7#b7 the plan shall address near-term 7up to #b years71 mid-term 7up to #g years71 and long-term 7up to #ae years7 challenges to the advancement of water power systems4 7h7 ,report to congress ,not later than #a year after the date of the enactment of the ,energy ,act of #bjbj1 and at least once every #b years thereafter1 the ,secretary shall provide1 and make available to the public and the relevant authorizing and appropriations committees of ,congress1 a report on the findings of research conducted and activities carried out pursuant to this subtitle1 including the most current strategic plan under subsection 7g7 and the progress made in implementing such plan4 #fch4 ,applicability of other laws ,nothing in this subtitle shall be construed as waiving1 modifying1 or superseding the applicability of any requirement under any environmental or other ,federal or ,state law4 #fci4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this subtitle #ahf1fjj1jjj for each of fiscal years #bjba through #bjbe1 including #acg1dbh1cgh for marine energy and #di1aga1fbb for hydropower research1 development1 and demonstration activities4 4 7b7 ,conforming table of contents amendment ,the table of contents for the ,energy ,independence and ,security ,act of #bjjg is amended by striking the items relating to subtitle ,c of title ,,vi and inserting the following3 ,subtitle ,c--,water ,power ,research and ,development ,sec4 #fcb4 ,definitions4 ,sec4 #fcc4 ,water power technology research1 development1 and demonstration4 ,sec4 #fcd4 ,hydropower research1 development1 and demonstration4 ,sec4 #fce4 ,marine energy research1 development1 and demonstration4 ,sec4 #fcf4 ,national ,marine ,energy ,centers4 ,sec4 #fcg4 ,organization and administration of programs4 ,sec4 #fch4 ,applicability of other laws4 ,sec4 #fci4 ,authorization of appropriations4 4 #cjjb4 ,advanced geothermal innovation leadership 7a7 ,definitions ,section #fab of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaia7 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,engineered ,when referring to enhanced geothermal systems1 the term engineered means designed to access subsurface heat1 including stimulation and nonstimulation technologies to address one or more of the following issues3 7,a7 ,lack of effective permeability1 porosity or open fracture connectivity within the heat reservoir4 7,b7 ,insufficient contained geofluid in the heat reservoir4 7,c7 ,a low average geothermal gradient which necessitates deeper drilling1 or the use of alternative heat sources or heat generation processes4 2 7#b7 by redesignating paragraphs 7#b7 through 7#g7 as paragraphs 7#c7 through 7#h71 respectively2 and 7#c7 by adding after paragraph 7#a7 the following3 7#b7 ,eligible entity ,the term eligible entity means any of the following entities3 7,a7 ,an institution of higher education4 7,b7 ,a ,national laboratory4 7,c7 ,a ,federal research agency4 7,d7 ,a ,state research agency4 7,e7 ,a nonprofit research organization4 7,f7 ,an industrial entity4 7,g7 ,a consortium of #b or more entities described in subparagraphs 7,a7 through 7,f74 4 7b7 ,hydrothermal research and development ,section #fac of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaib7 is amended to read as follows3 #fac4 ,hydrothermal research and development 7a7 ,in general ,the ,secretary shall carry out a program of research1 development1 demonstration1 and commercial application for geothermal energy production from hydrothermal systems4 7b7 ,programs ,the program authorized in subsection 7a7 shall include the following3 7#a7 ,advanced hydrothermal resource tools ,the research and development of advanced geologic tools to assist in locating hydrothermal resources1 and to increase the reliability of site characterization1 including the development of new imaging and sensing technologies and techniques to assist in prioritization of targets for characterization2 7#b7 ,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 settings1 carried out in collaboration with industry partners that will assist in the acquisition of high quality data sets relevant for hydrothermal subsurface characterization activities4 4 7c7 ,general geothermal systems research and development ,section #fad of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaic7 is amended to read as follows3 #fad4 ,general geothermal systems research and development 7a7 ,subsurface components and systems ,the ,secretary shall support a program of research1 development1 demonstration1 and commercial application of components and systems capable of withstanding geothermal environments and necessary to develop1 produce1 and monitor geothermal reservoirs and produce geothermal energy4 7b7 ,environmental impacts ,the ,secretary shall-- 7#a7 support a program of research1 development1 demonstration1 and commercial application of technologies and practices designed to mitigate or preclude potential adverse environmental impacts of geothermal energy development1 production or use2 7#b7 support a research program to identify potential environmental impacts1 including induced seismicity1 and environmental benefits of geothermal energy development1 production1 and use1 and ensure that the program described in paragraph 7#a7 addresses such impacts1 including water use and effects on groundwater and local hydrology2 7#c7 support a program of research to compare the potential environmental impacts and environmental benefits identified as part of the development1 production1 and use of geothermal energy with the potential emission reductions of greenhouse gases gained by geothermal energy development1 production1 and use2 and 7#d7 in carrying out this section1 the ,secretary shall1 to the maximum extent practicable1 consult with relevant federal agencies1 including the ,environmental ,protection ,agency4 7c7 ,reservoir thermal energy storage ,the ,secretary shall support a program of research1 development1 and demonstration of reservoir thermal energy storage1 emphasizing cost-effective improvements through deep direct use engineering1 design1 and systems research4 7d7 ,oil and gas technology transfer initiative 7#a7 ,in general ,the ,secretary shall support an initiative among the ,office of ,fossil ,energy1 the ,office of ,energy ,efficiency and ,renewable ,energy1 and the private sector to research1 develop1 and demonstrate relevant advanced technologies and operation techniques used in the oil and gas sector for use in geothermal energy development4 7#b7 ,priorities ,in carrying out paragraph 7#a71 the ,secretary shall prioritize technologies with the greatest potential to significantly increase the use and lower the cost of geothermal energy in the ,united ,states1 including the cost and speed of geothermal drilling surface technologies1 large- and small-scale drilling1 and well construction4 7e7 ,coproduction of geothermal energy and minerals production research and development initiative 7#a7 ,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 resources4 7#b7 ,requirements ,an award made under paragraph 7#a7 shall-- 7,a7 improve the cost effectiveness of removing minerals from geothermal brines as part of the coproduction process2 7,b7 increase recovery rates of the targeted mineral commodity2 7,c7 decrease water use and other environmental impacts1 as determined by the ,secretary2 and 7,d7 demonstrate a path to commercial viability4 7f7 ,flexible operations ,the ,secretary shall support a research initiative on flexible operation of geothermal power plants4 7g7 ,integrated energy systems ,the ,secretary shall identify opportunities for joint research1 development1 and demonstration programs between geothermal systems and other energy generation or storage systems4 7h7 ,drilling data repository 7#a7 ,in general ,the ,secretary shall1 in consultation with the ,secretary of the ,interior1 establish and operate a voluntary1 industry-wide repository of geothermal drilling information to lower the cost of future geothermal drilling4 7#b7 ,repository 7,a7 ,in general ,in carrying out paragraph 7#a71 the ,secretary shall collaborate with countries utilizing a significant amount of geothermal energy1 as determined by the ,secretary4 7,b7 ,data system ,the repository established under paragraph 7#a7 shall be integrated with the ,national ,geothermal ,data ,system4 4 7d7 ,enhanced geothermal systems research and development ,section #fae of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaid7 is amended to read as follows3 #fae4 ,enhanced geothermal systems research and development 7a7 ,in general ,the ,secretary shall support a program of research1 development1 demonstration1 and commercial application for enhanced geothermal systems1 including the programs described in subsection 7b74 7b7 ,enhanced geothermal systems technologies ,in collaboration with industry partners1 institutions of higher education1 and the national laboratories1 the ,secretary shall support a program of research1 development1 demonstration1 and commercial application of the technologies to achieve higher efficiency and lower cost enhanced geothermal systems1 including-- 7#a7 reservoir stimulation2 7#b7 drilled1 non-stimulated 7e4g4 closed-loop7 reservoir technologies2 7#c7 reservoir characterization1 monitoring1 and modeling and understanding of the surface area and volume of fractures2 7#d7 stress and fracture mapping including real time monitoring and modeling2 7#e7 tracer development2 7#f7 three and four-dimensional seismic imaging and tomography2 7#g7 well placement and orientation2 7#h7 long-term reservoir management2 7#i7 drilling technologies1 methods1 and tools2 7#aj7 improved exploration tools2 7#aa7 zonal isolation2 and 7#ab7 understanding induced seismicity risks from reservoir engineering and stimulation4 7c7 ,frontier observatory for research in geothermal energy 7#a7 ,in general ,the ,secretary shall support the establishment and construction of up to #c field research sites1 which shall each be known as a ,frontier ,observatory for ,research in ,geothermal ,energy or ,,forge site to develop1 test1 and enhance techniques and tools for enhanced geothermal energy4 7#b7 ,duties ,the ,secretary shall-- 7,a7 provide financial assistance in support of research and development projects focused on advanced monitoring technologies1 new technologies and approaches for implementing multi-zone stimulations1 nonstimulation techniques1 and dynamic reservoir modeling that incorporates all available high-fidelity characterization data2 and 7,b7 seek opportunities to coordinate efforts and share information with domestic and international partners engaged in research and development of geothermal systems and related technology1 including coordination between ,,forge sites4 7#c7 ,site selection ,of the ,,forge sites referred to in paragraph 7#a71 the ,secretary shall-- 7,a7 consider applications through a competitive1 merit-reviewed process1 from ,national ,laboratories1 multi-institutional collaborations1 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 subsection2 7,b7 prioritize existing field sites and facilities with capabilities relevant to the duties enumerated under this subsection2 7,c7 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 sites2 and 7,d7 ensure geologic diversity among ,,forge sites when developing subsequent sites1 to the maximum extent practicable4 7#d7 ,existing forge sites ,a ,,forge site already in existence on the date of enactment of this ,act may continue to receive support4 7#e7 ,site operation 7,a7 ,initial duration ,,forge sites selected under paragraph 7#c7 shall operate for an initial term of not more than #g years after the date on which site operation begins4 7,b7 ,performance metrics ,the ,secretary shall establish performance metrics for each ,,forge site supported under this paragraph1 which may be used by the ,secretary to determine whether a ,,forge site should continue to receive funding4 7#f7 ,additional terms 7,a7 ,in general ,at the end of an operational term described in subparagraph 7,b71 a ,,forge site may-- 7i7 be transferred to other public or private entities for further enhanced geothermal testing2 or 7ii7 subject to appropriations and a merit review by the ,secretary1 operate for an additional term of not more than #g years4 7,b7 ,operational term described ,an operational term referred to in subparagraph 7,a7-- 7i7 in the case of an existing ,,forge site1 is the existing operational term2 and 7ii7 in the case of new ,,forge sites selected under paragraph 7#c71 is the initial term under paragraph 7#e77;,a7 or an additional term under subparagraph 7,a77ii7 of this paragraph4 7#g7 ,funding 7,a7 ,in general ,out of funds authorized to be appropriated under section #fbc1 there shall be made available to the ,secretary to carry out the ,,forge activities under this paragraph-- 7i7 #de1jjj1jjj for fiscal year #bjba2 7ii7 #ee1jjj1jjj for fiscal year #bjbb2 7iii7 #fe1jjj1jjj for fiscal year #bjbc2 7iv7 #gj1jjj1jjj for fiscal year #bjbd2 and 7v7 #gj1jjj1jjj for fiscal year #bjbe4 7,b7 ,considerations ,in carrying out this subsection1 the ,secretary shall consider the balance between funds dedicated to construction and operations and research activities to reflect the state of site development4 7d7 ,enhanced geothermal systems demonstrations 7#a7 ,in general ,beginning on the date of enactment of this section1 the ,secretary1 in collaboration with industry partners1 institutions of higher education1 and the national laboratories1 shall support an initiative for demonstration of enhanced geothermal systems for power production or direct use4 7#b7 ,projects 7,a7 ,in general ,under the initiative described in paragraph 7#a71 #d demonstration projects shall be carried out in locations that are potentially commercially viable for enhanced geothermal systems development1 while also considering environmental impacts to the maximum extent practicable1 as determined by the ,secretary4 7,b7 ,requirements ,demonstration projects under subparagraph 7,a7 shall-- 7i7 collectively demonstrate-- 7,i7 different geologic settings1 such as hot sedimentary aquifers1 layered geologic systems1 supercritical systems1 and basement rock systems2 and 7,,ii7 a variety of development techniques1 including open hole and cased hole completions1 differing well orientations1 and stimulation and nonstimulation mechanisms2 and 7ii7 to the extent practicable1 use existing sites where subsurface characterization or geothermal energy integration analysis has been conducted4 7,c7 ,eastern demonstration ,not fewer than #a of the demonstration projects carried out under subparagraph 7,a7 shall be located an area east of the ,mississippi ,river that is suitable for enhanced geothermal demonstration for power1 heat1 or a combination of power and heat4 7,d7 ,milestone-based demonstration projects ,the ,secretary may carry out demonstration projects under this subsection as a milestone-based demonstration project under section #ijje of the ,energy ,act of #bjbj4 7#c7 ,funding ,out of funds authorized to be appropriated under section #fbc1 there shall be made available to the ,secretary to carry out the demonstration activities under this subsection #ba1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 7e7 ,geothermal heat pumps and direct use 7#a7 ,in general ,title ,,vi of the ,energy ,independence and ,security ,act of #bjjg is amended by inserting after section #faf 7#db ,u4,s4,c4 #agaie7 the following3 #faf;,a4 ,geothermal heat pumps and direct use research and development 7a7 ,purposes ,the purposes of this section are-- 7#a7 to improve the understanding of related earth sciences1 components1 processes1 and systems used for geothermal heat pumps and the direct use of geothermal energy2 and 7#b7 to increase the energy efficiency1 lower the cost1 increase the use1 and improve and demonstrate the effectiveness of geothermal heat pumps and the direct use of geothermal energy4 7b7 ,definitions ,in this section3 7#a7 ,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-- 7,a7 heating and cooling to buildings1 commercial districts1 residential communities1 and large municipal1 or industrial projects2 or 7,b7 heat required for industrial processes1 agriculture1 aquaculture1 and other facilities4 7#b7 ,economically distressed area ,the term economically distressed area means an area described in section #cja7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa7;a774 7#c7 ,geothermal heat pump ,the term geothermal heat pump means a system that provides heating and cooling by exchanging heat from shallow geology1 groundwater1 or surface water using-- 7,a7 a closed loop system1 which transfers heat by way of buried or immersed pipes that contain a mix of water and working fluid2 or 7,b7 an open loop system1 which circulates ground or surface water directly into the building and returns the water to the same aquifer or surface water source4 7c7 ,program 7#a7 ,in general ,the ,secretary shall support within the ,geothermal ,technologies ,office a program of research1 development1 and demonstration for geothermal heat pumps and the direct use of geothermal energy4 7#b7 ,areas ,the program under paragraph 7#a7 may include research1 development1 demonstration1 and commercial application of-- 7,a7 geothermal ground loop efficiency improvements1 cost reductions1 and improved installation and operations methods2 7,b7 the use of geothermal energy for building-scale energy storage2 7,c7 the use of geothermal energy as a grid management resource or seasonal energy storage2 7,d7 geothermal heat pump efficiency improvements2 7,e7 the use of alternative fluids as a heat exchange medium1 such as hot water found in mines and mine shafts1 graywater1 or other fluids that may improve the economics of geothermal heat pumps2 7,f7 heating of districts1 neighborhoods1 communities1 large commercial or public buildings1 and industrial and manufacturing facilities2 7,g7 the use of low temperature groundwater for direct use2 and 7,h7 system integration of direct use with geothermal electricity production4 7#c7 ,environmental impacts ,in carrying out the program1 the ,secretary shall identify and mitigate potential environmental impacts in accordance with section #fad7;b74 7d7 ,financial assistance 7#a7 ,in general ,the ,secretary shall carry out the program established in subsection 7c7 by making financial assistance available to ,state1 local1 and ,tribal governments1 institutions of higher education1 nonprofit entities1 ,national ,laboratories1 utilities1 and for-profit companies4 7#b7 ,priority ,in providing financial assistance under this subsection1 the ,secretary may give priority to proposals that apply to large buildings1 commercial districts1 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 report1 ,geovision3 ,harnessing the ,heat ,beneath our ,feet published by the ,department in #bjai1 or a successor report4 4 7#b7 ,conforming amendment ,section #a7;b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjja note7 is amended in the table of contents by inserting after the item relating to section #faf the following3 ,sec4 #faf;,a4 ,geothermal heat pumps and direct use research and development4 4 7f7 ,organization and administration of programs 7#a7 ,in general ,section #fag of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaif7 is amended-- 7,a7 by striking the section heading and inserting ,organization and administration of programs2 7,b7 in subsection 7b71 by striking paragraph 7#b7 and redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#b7 and 7#c71 respectively2 and 7,c7 by adding at the end the following3 7c7 ,education and outreach ,in carrying out the activities described in this subtitle1 the ,secretary shall support education and outreach activities to disseminate information on geothermal energy technologies and the geothermal energy workforce1 including activities at the ,frontier ,observatory for ,research in ,geothermal ,energy site or sites4 7d7 ,technical assistance ,in carrying out this subtitle1 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 operations1 which may include activities that support expanding access to advanced geothermal energy technologies for rural1 ,tribal1 and low-income communities4 7e7 ,report ,every #e years after the date of enactment of this subsection1 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 ,states4 7f7 ,progress reports ,not later than #a year after the date of enactment of this subsection1 and every #b years thereafter1 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 appropriate4 4 7#b7 ,conforming amendment ,section #a7;b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjja note7 is amended in the table of contents by amending the item related to section #fag to read as follows3 ,sec4 #fag4 ,organization and administration of programs4 4 7g7 ,advanced geothermal computing and data science research and development 7#a7 ,in general ,section #fah of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaig7 is amended to read as follows3 #fah4 ,advanced geothermal computing and data science research and development 7a7 ,in general ,the ,secretary shall carry out a program of research and development of advanced computing and data science tools for geothermal energy4 7b7 ,programs ,the program authorized in subsection 7a7 shall include the following3 7#a7 ,advanced computing for geothermal systems technologies ,research1 development1 and demonstration of technologies to develop advanced data1 machine learning1 artificial intelligence1 and related computing tools to assist in locating geothermal resources1 to increase the reliability of site characterization1 to increase the rate and efficiency of drilling1 to improve induced seismicity mitigation1 and to support enhanced geothermal systems technologies4 7#b7 ,geothermal systems reservoir modeling ,research1 development1 and demonstration of models of geothermal reservoir performance and enhanced geothermal systems reservoir stimulation technologies and techniques1 with an emphasis on accurately modeling fluid and heat flow1 permeability evolution1 geomechanics1 geochemistry1 seismicity1 and operational performance over time1 including collaboration with industry and field validation4 7c7 ,coordination ,in carrying out these programs1 the ,secretary shall ensure coordination and consultation with the ,department of ,energy's ,office of ,science4 ,the ,secretary shall ensure1 to the maximum extent practicable1 coordination of these activities with the ,department of ,energy ,national ,laboratories1 institutes of higher education1 and the private sector4 4 7#b7 ,conforming amendment ,section #a7;b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjja note7 is amended in the table of contents by amending the item related to section #fah to read as follows3 ,sec4 #fah4 ,advanced geothermal computing and data science research and development4 4 7h7 ,geothermal workforce development 7#a7 ,in general ,section #fai of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaih7 is amended to read as follows3 #fai4 ,geothermal workforce development ,the ,secretary shall support the development of a geothermal energy workforce through a program that-- 7#a7 facilitates collaboration between university students and researchers at the ,national ,laboratories2 and 7#b7 prioritizes science in areas relevant to the mission of the ,department through the application of geothermal energy tools and technologies4 4 7#b7 ,conforming amendment ,section #a7;b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjja note7 is amended in the table of contents by amending the item related to section #fai to read as follows3 ,sec4 #fai4 ,geothermal workforce development4 4 7i7 ,repeals 7#a7 ,,eisa repeal ,subtitle ,b of title ,,vi of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaia et seq47 is amended by striking sections #fbj and #fba4 7#b7 ,conforming amendment ,section #a7;b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjja note7 is amended in the table of contents by striking the item related to section #fbj and #fba4 7#c7 ,additional repeal ,the ,geothermal ,energy ,research1 ,development1 and ,demonstration ,act of #aigd 7#cj ,u4,s4,c4 #aaja et seq47 is repealed4 7j7 ,authorization of appropriations ,section #fbc of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbjb7 is amended to read as follows3 #fbc4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the programs under this subtitle #agj1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 7k7 ,international geothermal energy development ,section #fbd of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbjc7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,in general ,the ,secretary of ,energy1 in coordination with other appropriate ,federal and multilateral agencies 7including the ,united ,states ,agency for ,international ,development7 shall support collaborative efforts with international partners to promote the research1 development1 and demonstration of geothermal technologies used to develop hydrothermal and enhanced geothermal system resources4 2 and 7#b7 by striking subsection 7c74 7l7 ,reauthorization of high cost region geothermal energy grant program ,section #fbe of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbjd7 is amended-- 7#a7 in subsection 7a77#b71 by inserting or heat after electrical power2 and 7#b7 by amending subsection 7e7 to read as follows3 7e7 ,authorization of appropriations ,out of funds authorized under section #fbc1 there is authorized to be appropriated to carry out this section #e1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 7m7 ,update to geothermal resource assessment ,section #beja of the ,energy ,policy ,act of #aiib 7#cj ,u4,s4,c4 #ajbh7 is amended-- 7#a7 by redesignating subsections 7a7 and 7b7 as subsections 7b7 and 7d71 respectively2 7#b7 by inserting before subsection 7b7 7as so redesignated7 the following3 7a7 ,definition of enhanced geothermal systems ,in this section1 the term enhanced geothermal systems has the meaning given the term in section #fab of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaia74 2 7#c7 by inserting after subsection 7b7 7as so redesignated7 the following3 7c7 ,update to geothermal resource assessment ,the ,secretary of the ,interior1 acting through the ,united ,states ,geological ,survey1 and in consultation with the ,secretary of ,energy1 shall update the #bjjh ,united ,states geothermal resource assessment carried out by the ,united ,states ,geological ,survey1 including-- 7#a7 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 energy1 by focusing on-- 7,a7 improving the resolution of resource potential at systematic temperatures and depths1 including temperatures and depths appropriate for power generation and direct use applications2 7,b7 quantifying the total potential to coproduce geothermal energy and minerals2 7,c7 incorporating data relevant to underground thermal energy storage and exchange1 such as aquifer and soil properties2 and 7,d7 producing high resolution maps1 including-- 7i7 maps that indicate key subsurface parameters for electric and direct use resources2 and 7ii7 risk maps for induced seismicity based on geologic1 geographic1 and operational parameters2 and 7#b7 to the maximum extent practicable1 by coordinating with relevant ,state officials and institutions of higher education to expand geothermal assessments1 including enhanced geothermal systems assessments1 to include assessments for the ,commonwealth of ,puerto ,rico and the ,states of ,alaska and ,hawaii4 2 and 7#d7 in subsection 7d7 7as so redesignated71 by striking necesary and inserting necessary4 7n7 ,modifying the definition of renewable energy to include thermal energy 7o7 ,modifying the definition of renewable energy to include thermal energy ,section #bjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeheb7 is amended-- 7#a7 in subsection 7b77#b71 by striking generated and inserting produced2 and 7#b7 in subsection 7c7-- 7,a7 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively1 and indenting appropriately2 7,b7 in the matter preceding subparagraph 7,a7 7as so redesignated71 by striking ,for purposes and inserting the following3 7#a7 ,in general ,for purposes 2 and 7,c7 by adding at the end the following3 7#b7 ,separate calculation 7,a7 ,in general ,for purposes of determining compliance with the requirement of this section1 any energy consumption that is avoided through the use of geothermal energy shall be considered to be renewable energy produced4 7,b7 ,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 goals1 targets1 and incentives4 4 #cjjc4 ,wind energy research and development 7a7 ,definitions ,in this section3 7#a7 ,critical material ,the term critical material has the meaning given the term in section #gjjb of this ,act4 7#b7 ,economically distressed area ,the term economically distressed area means an area described in section #cja7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa7;a774 7#c7 ,eligible entity ,the term eligible entity means-- 7,a7 an institution of higher education1 including a minority-serving institution2 7,b7 a ,national ,laboratory2 7,c7 a ,federal research agency2 7,d7 a ,state research agency2 7,e7 a research agency associated with a territory or freely associated state2 7,f7 a ,tribal energy development organization2 7,g7 an ,indian ,tribe2 7,h7 a ,tribal organization2 7,i7 a ,native ,hawaiian community-based organization2 7,j7 a nonprofit research organization2 7,k7 an industrial entity2 7,l7 any other entity1 as determined by the ,secretary2 and 7,m7 a consortium of #b or more entities described in subparagraphs 7,a7 through 7,l74 7#d7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#e7 ,institution of higher education ,the term institution of higher education means-- 7,a7 an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7772 or 7,b7 a postsecondary vocational institution 7as defined in section #ajb7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;c7774 7#f7 ,minority serving institution ,the term minority-serving institution has the meaning given the term eligible institution in section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a774 7#g7 ,national ,laboratory ,the term ,national ,laboratory has the meaning given such term in section #b7c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja7c774 7#h7 ,native ,hawaiian community-based organization ,the term ,native ,hawaiian community-based organization has the meaning given the term in section #fbjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geag74 7#i7 ,program ,the term program means the program established under subsection 7b77#a74 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#aa7 ,territory or freely associated state ,the term territory or freely associated state has the meaning given the term insular area in section #adjd of the ,food and ,agriculture ,act of #aigg 7#g ,u4,s4,c4 #cajc74 7#ab7 ,tribal energy development organization ,the term ,tribal energy development organization has the meaning given the term tribal energy development organization in section #bfja of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja74 7#ac7 ,tribal organization ,the term ,tribal organization has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7b7 ,wind energy technology program 7#a7 ,establishment 7,a7 ,in general ,the ,secretary shall establish a program to conduct research1 development1 demonstration1 and commercialization of wind energy technologies in accordance with this subsection4 7,b7 ,purposes ,the purposes of the program are the following3 7i7 ,to improve the energy efficiency1 cost effectiveness1 reliability1 resilience1 security1 siting1 integration1 manufacturability1 installation1 decommissioning1 and recyclability of wind energy technologies4 7ii7 ,to optimize the performance and operation of wind energy components1 turbines1 and systems1 including through the development of new materials1 hardware1 and software4 7iii7 ,to optimize the design and adaptability of wind energy technologies to the broadest practical range of geographic1 atmospheric1 offshore1 and other site conditions1 including-- 7,i7 at varying hub heights2 and 7,,ii7 through the use of computer modeling4 7iv7 ,to support the integration of wind energy technologies with the electric grid and other energy technologies and systems4 7v7 ,to reduce the cost1 risk1 and other potential negative impacts across the lifespan of wind energy technologies1 including-- 7,i7 manufacturing1 siting1 permitting1 installation1 operations1 maintenance1 decommissioning1 and recycling2 and 7,,ii7 through the development of solutions to transportation barriers to wind components4 7vi7 ,to reduce and mitigate potential negative impacts of wind energy technologies on human communities1 the environment1 or commerce4 7vii7 ,to address barriers to the commercialization and export of wind energy technologies4 7viii7 ,to support the domestic wind industry1 workforce1 and supply chain4 7,c7 ,targets ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish targets for the program relating to near-term 7up to #b years71 mid-term 7up to #g years71 and long-term 7up to #ae years7 challenges to the advancement of wind energy technologies1 including onshore1 offshore1 distributed1 and off-grid technologies4 7#b7 ,activities 7,a7 ,types of activities ,in carrying out the program1 the ,secretary shall carry out research1 development1 demonstration1 and commercialization activities1 including-- 7i7 awarding grants and awards1 on a competitive1 merit-reviewed basis2 7ii7 performing precompetitive research and development2 7iii7 establishing or maintaining demonstration facilities and projects1 including through stewardship of existing facilities such as the ,national ,wind ,test ,center2 7iv7 providing technical assistance2 7v7 entering into contracts and cooperative agreements2 7vi7 providing small business vouchers2 7vii7 establishing prize competitions2 7viii7 conducting education and outreach activities2 7ix7 conducting professional development activities2 and 7x7 conducting analyses1 studies1 and reports4 7,b7 ,subject areas ,the ,secretary shall carry out research1 development1 demonstration1 and commercialization activities in the following subject areas3 7i7 ,wind power plant siting1 performance1 operations1 and security4 7ii7 ,new materials and designs relating to all hardware1 software1 and components of wind energy technologies1 including technologies and strategies that reduce the use of energy1 water1 critical materials1 and other commodities that are determined to be vulnerable to disruption4 7iii7 ,advanced wind energy manufacturing and installation technologies and practices1 including materials1 processes1 such as onsite or near site manufacturing1 and design4 7iv7 ,offshore wind-specific projects and plants1 including-- 7,i7 fixed and floating substructure systems1 materials1 and components2 7,,ii7 the operation of offshore facilities1 such as-- 7aa7 an offshore research facility to conduct research for oceanic1 biological1 geological1 and atmospheric resource characterization relevant to offshore wind energy development in coordination with the ocean and atmospheric science communities2 and 7bb7 an offshore support structure testing facility to conduct development1 demonstration1 and commercialization of large-scale and full-scale offshore wind energy support structure components and systems2 7,,iii7 the monitoring and analysis of site and environmental considerations unique to offshore sites1 including freshwater environments4 7v7 ,integration of wind energy technologies with-- 7,i7 the electric grid1 including transmission1 distribution1 microgrids1 and distributed energy systems2 and 7,,ii7 other energy technologies1 including-- 7aa7 other generation sources2 7bb7 demand response technologies2 and 7cc7 energy storage technologies4 7vi7 ,methods to improve the lifetime1 maintenance1 decommissioning1 recycling1 reuse1 and sustainability of wind energy components and systems1 including technologies and strategies to reduce the use of energy1 water1 critical materials1 and other valuable or harmful inputs4 7vii7 ,wind power forecasting and atmospheric measurement systems1 including for turbines and plant systems of varying height4 7viii7 ,integrated wind energy systems1 grid-connected and off-grid1 that incorporate diverse-- 7,i7 generation sources2 7,,ii7 loads2 and 7,,iii7 storage technologies4 7ix7 ,reducing market barriers1 including non-hardware and information-based barriers1 to the adoption of wind energy technologies1 such as impacts on1 or challenges relating to-- 7,i7 distributed wind technologies1 including the development of best practices1 models1 and voluntary streamlined processes for local siting and permitting of distributed wind energy systems to reduce costs2 7,,ii7 airspace2 7,,iii7 military operations2 7,,iv7 radar2 7,v7 local communities1 with special consideration given to economically distressed areas1 previously disturbed lands such as landfills and former mines1 and other areas disproportionately impacted by environmental pollution2 7,,vi7 wildlife and wildlife habitats2 and 7,,vii7 any other appropriate matter1 as determined by the ,secretary4 7x7 ,technologies or strategies to avoid1 minimize1 and offset the potential impacts of wind energy facilities on bird species1 bat species1 marine wildlife1 and other sensitive species and habitats4 7xi7 ,advanced physics-based and data analysis computational tools1 in coordination with the high-performance computing programs of the ,department1 to more efficiently design1 site1 permit1 manufacture1 install1 operate1 decommission1 and recycle wind energy systems4 7xii7 ,technologies for distributed wind1 including micro1 small1 and medium turbines and the components of those turbines and their microgrid applications4 7xiii7 ,transformational technologies for harnessing wind energy4 7xiv7 ,other research areas that advance the purposes of the program1 as determined by the ,secretary4 7,c7 ,prioritization ,in carrying out activities under the program1 the ,secretary shall1 to the maximum extent practicable1 give special consideration to-- 7i7 projects that-- 7,i7 are located in a geographically diverse range of eligible entities2 7,,ii7 support the development or demonstration of projects-- 7aa7 in economically distressed areas and areas disproportionately impacted by pollution2 and 7bb7 that provide the greatest potential to reduce energy costs1 as well as promote accessibility and community implementation of demonstrated technologies2 7,,iii7 can be replicated in a variety of regions and climates2 7,,iv7 include business commercialization plans that have the potential for-- 7aa7 domestic manufacturing and production of wind energy technologies2 or 7bb7 exports of wind energy technologies2 and 7,v7 are carried out in collaboration with ,tribal energy development organizations1 ,indian ,tribes1 ,tribal organizations1 ,native ,hawaiian community-based organizations1 minority-serving institutions1 or territories or freely associated ,states2 and 7ii7 with regards to professional development1 activities that expand the number of individuals from underrepresented groups pursuing and attaining skills relevant to wind energy4 7,d7 ,coordination ,to the maximum extent practicable1 the ,secretary shall coordinate activities under the program with other relevant programs and capabilities of the ,department and other ,federal research programs4 7,e7 ,use of funds ,to the extent that funding is not otherwise available through other ,federal programs or power purchase agreements1 funding awarded for demonstration projects may be used for additional nontechnology costs1 as determined to be appropriate by the ,secretary1 such as engineering or feasibility studies4 7,f7 ,solicitation ,not less than once every two years1 the ,secretary shall conduct a national solicitation for applications for demonstration projects under this section4 7,g7 ,report 7i7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report on the potential for1 and technical viability of1 airborne wind energy systems to provide a significant source of energy in the ,united ,states4 7ii7 ,contents ,the report under paragraph 7#a7 shall include a summary of research1 development1 demonstration1 and commercialization needs1 including an estimate of ,federal funding requirements1 to further examine and validate the technical and economic viability of airborne wind energy concepts over the #aj-year period beginning on the date of the enactment of this ,act4 7#c7 ,wind technician training grant program ,the ,secretary may award grants1 on a competitive basis1 to eligible entities to purchase large pieces of wind component equipment1 such as nacelles1 towers1 and blades1 for use in training wind technician students in onshore or offshore wind applications4 7#d7 ,wind energy technology recycling research1 development1 and demonstration program 7,a7 ,in general ,in addition to the program activities described in paragraph 7#b71 in carrying out the program1 the ,secretary shall award financial assistance to eligible entities for research1 development1 and demonstration1 and commercialization projects to create innovative and practical approaches to increase the reuse and recycling of wind energy technologies1 including-- 7i7 by increasing the efficiency and cost effectiveness of the recovery of raw materials from wind energy technology components and systems1 including enabling technologies such as inverters2 7ii7 by minimizing potential environmental impacts from the recovery and disposal processes2 7iii7 by advancing technologies and processes for the disassembly and recycling of wind energy devices2 7iv7 by developing alternative materials1 designs1 manufacturing processes1 and other aspects of wind energy technologies and the disassembly and resource recovery process that enable efficient1 cost effective1 and environmentally responsible disassembly of1 and resource recovery from1 wind energy technologies2 and 7v7 strategies to increase consumer acceptance of1 and participation in1 the recycling of wind energy technologies4 7,b7 ,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 7,a71 including-- 7i7 development of best practices or training materials for use in the wind energy technology manufacturing1 design1 installation1 decommissioning1 or recycling industries2 7ii7 dissemination at industry conferences2 7iii7 coordination with information dissemination programs relating to recycling of electronic devices in general2 7iv7 demonstration projects2 and 7v7 educational materials4 7,c7 ,priority ,in carrying out the activities authorized under this subsection1 the ,secretary shall give special consideration to projects that recover critical materials4 7,d7 ,sensitive information ,in carrying out the activities authorized under this subsection1 the ,secretary shall ensure proper security controls are in place to protect proprietary or sensitive information1 as appropriate4 7#e7 ,wind energy technology materials physical property database 7,a7 ,in general ,not later than ,september #a1 #bjbb1 the ,secretary shall establish a comprehensive physical property database of materials for use in wind energy technologies1 which shall identify the type1 quantity1 country of origin1 source1 significant uses1 projected availability1 and physical properties of materials used in wind energy technologies4 7,b7 ,coordination ,in establishing the database described in subparagraph 7,a71 the ,secretary shall coordinate and1 to the extent practicable1 avoid duplication with-- 7i7 other ,department activities1 including those carried out by the ,office of ,science2 7ii7 the ,director of the ,national ,institute of ,standards and ,technology2 7iii7 the ,administrator of the ,environmental ,protection ,agency2 7iv7 the ,secretary of the ,interior2 and 7v7 relevant industry stakeholders1 as determined by the ,secretary4 7#f7 ,wind energy program strategic vision 7,a7 ,in general ,not later than ,september #a1 #bjbb1 and every #f years thereafter1 the ,secretary shall submit to ,congress a report on the strategic vision1 progress1 goals1 and targets of the program1 including assessments of wind energy markets and manufacturing4 7,b7 ,preparation ,the ,secretary shall coordinate the preparation of the report under subparagraph 7,a7 with-- 7i7 existing peer review processes2 7ii7 studies conducted by the ,national ,laboratories2 and 7iii7 the multiyear program planning required under section #iid of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceh74 7#g7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the program #abe1jjj1jjj for each of fiscal years #bjba through #bjbe4 #cjjd4 ,solar energy research and development 7a7 ,definitions ,in this section3 7#a7 ,critical material ,the term critical material has the meaning given the term in section #gjjb of this ,act4 7#b7 ,economically distressed area ,the term economically distressed area means an area described in section #cja7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa7;a774 7#c7 ,eligible entity ,the term eligible entity means-- 7,a7 an institution of higher education1 including a minority-serving institution2 7,b7 a ,national ,laboratory2 7,c7 a ,federal research agency2 7,d7 a ,state research agency2 7,e7 a research agency associated with a territory or freely associated state2 7,f7 a ,tribal energy development organization2 7,g7 an ,indian ,tribe2 7,h7 a ,tribal organization2 7,i7 a ,native ,hawaiian community-based organization2 7,j7 a nonprofit research organization2 7,k7 an industrial entity2 7,l7 any other entity1 as determined by the ,secretary2 and 7,m7 a consortium of #b or more entities described in subparagraphs 7,a7 through 7,l74 7#d7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#e7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#f7 ,minority-serving institution ,the term minority-serving institution has the meaning given the term eligible institution in section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a774 7#g7 ,national ,laboratory ,the term ,national ,laboratory has the meaning given such term in section #b7c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja7c774 7#h7 ,native ,hawaiian community-based organization ,the term ,native ,hawaiian community-based organization has the meaning given the term in section #fbjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geag74 7#i7 ,photovoltaic device ,the term photovoltaic device means-- 7,a7 a device that converts light directly into electricity through a solid-state1 semiconductor process2 7,b7 the photovoltaic cells of a device described in subparagraph 7,a72 and 7,c7 the electronic and electrical components of a device described in subparagraph 7,a74 7#aj7 ,program ,the term program means the program established under subsection 7b77#a77;,a74 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#ab7 ,solar energy ,the term solar energy means-- 7,a7 thermal or electric energy derived from radiation from the ,sun2 or 7,b7 energy resulting from a chemical reaction caused by radiation recently originated in the ,sun4 7#ac7 ,territory or freely associated state ,the term territory or freely associated state has the meaning given the term insular area in section #adjd of the ,food and ,agriculture ,act of #aigg 7#g ,u4,s4,c4 #cajc74 7#ad7 ,tribal energy development organization ,the term ,tribal energy development organization has the meaning given the term tribal energy development organization in section #bfja of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja74 7#ae7 ,tribal organization ,the term ,tribal organization has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7b7 ,solar energy technology program 7#a7 ,establishment 7,a7 ,in general ,the ,secretary shall establish a program to conduct research1 development1 demonstration1 and commercialization of solar energy technologies in accordance with this subsection4 7,b7 ,purposes ,the purposes of the program are the following3 7i7 ,to improve the energy efficiency1 cost effectiveness1 reliability1 resilience1 security1 siting1 integration1 manufacturability1 installation1 decommissioning1 and recyclability of solar energy technologies4 7ii7 ,to optimize the performance and operation of solar energy components1 cells1 and systems1 and enabling technologies1 including through the development of new materials1 hardware1 and software4 7iii7 ,to optimize the design and adaptability of solar energy systems to the broadest practical range of geographic and atmospheric conditions4 7iv7 ,to support the integration of solar energy technologies with the electric grid and complementary energy technologies4 7v7 ,to create and improve the conversion of solar energy to other useful forms of energy or other products4 7vi7 ,to reduce the cost1 risk1 and other potential negative impacts across the lifespan of solar energy technologies1 including manufacturing1 siting1 permitting1 installation1 operations1 maintenance1 decommissioning1 and recycling4 7vii7 ,to reduce and mitigate potential life cycle negative impacts of solar energy technologies on human communities1 wildlife1 and wildlife habitats4 7viii7 ,to address barriers to the commercialization and export of solar energy technologies4 7ix7 ,to support the domestic solar industry1 workforce1 and supply chain4 7,c7 ,targets ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish targets for the program to address near-term 7up to #b years71 mid-term 7up to #g years71 and long-term 7up to #ae years7 challenges to the advancement of all types of solar energy systems4 7#b7 ,activities 7,a7 ,types of activities ,in carrying out the program1 the ,secretary shall carry out research1 development1 demonstration1 and commercialization activities1 including-- 7i7 awarding grants and awards1 on a competitive1 merit-reviewed basis2 7ii7 performing precompetitive research and development2 7iii7 establishing or maintaining demonstration facilities and projects1 including through stewardship of existing facilities2 7iv7 providing technical assistance2 7v7 entering into contracts and cooperative agreements2 7vi7 providing small business vouchers2 7vii7 establishing prize competitions2 7viii7 conducting education and outreach activities2 7ix7 conducting workforce development activities2 and 7x7 conducting analyses1 studies1 and reports4 7,b7 ,subject areas ,the ,secretary shall carry out research1 development1 demonstration1 and commercialization activities in the following subject areas3 7i7 ,advanced solar energy technologies of varying scale and power production1 including-- 7,i7 new materials1 components1 designs1 and systems1 including perovskites1 cadmium telluride1 and organic materials2 7,,ii7 advanced photovoltaic and thin-film devices2 7,,iii7 concentrated solar power2 7,,iv7 solar heating and cooling2 and 7,v7 enabling technologies for solar energy systems1 including hardware and software4 7ii7 ,solar energy technology siting1 performance1 installation1 operations1 resilience1 and security4 7iii7 ,integration of solar energy technologies with-- 7,i7 the electric grid1 including transmission1 distribution1 microgrids1 and distributed energy systems2 7,,ii7 other energy technologies1 including-- 7aa7 other generation sources2 7bb7 demand response technologies2 and 7cc7 energy storage technologies2 and 7,,iii7 other applications1 such as in the agriculture1 transportation1 buildings1 industrial1 and fuels sectors4 7iv7 ,advanced solar energy manufacturing technologies and practices1 including materials1 processes1 and design4 7v7 ,methods to improve the lifetime1 maintenance1 decommissioning1 recycling1 reuse1 and sustainability of solar energy components and systems1 including technologies and strategies that reduce the use of energy1 water1 critical materials1 and other commodities that are determined to be vulnerable to disruption4 7vi7 ,solar energy forecasting1 modeling1 and atmospheric measurement systems1 including for small-scale1 large-scale1 and aggregated systems4 7vii7 ,integrated solar energy systems that incorporate diverse-- 7,i7 generation sources2 7,,ii7 loads2 and 7,,iii7 storage technologies4 7viii7 ,reducing market barriers1 including nonhardware and information-based barriers1 to the adoption of solar energy technologies1 including impacts on1 or challenges relating to-- 7,i7 distributed and community solar technologies1 including the development of best practices1 models1 and voluntary streamlined processes for local siting and permitting of distributed solar energy systems to reduce costs2 7,,ii7 local communities1 with special consideration given to economically distressed areas1 previously disturbed lands such as landfills and former mines1 and other areas disproportionately impacted by environmental pollution2 7,,iii7 wildlife and wildlife habitats2 and 7,,iv7 any other appropriate matter1 as determined by the ,secretary4 7ix7 ,transformational technologies for harnessing solar energy4 7x7 ,other research areas that advance the purposes of the program1 as determined by the ,secretary4 7,c7 ,prioritization ,in carrying out activities under the program1 the ,secretary shall1 to the maximum extent practicable1 give priority to projects that-- 7i7 are located in a geographically diverse range of eligible entities2 7ii7 support the development or demonstration of projects-- 7,i7 in economically distressed areas and areas disproportionately impacted by pollution2 or 7,,ii7 that provide the greatest potential to reduce energy costs1 as well as promote accessibility and community implementation of demonstrated technologies2 7iii7 can be replicated in a variety of regions and climates2 7iv7 include business commercialization plans that have the potential for-- 7,i7 domestic manufacturing and production of solar energy technologies2 or 7,,ii7 exports of solar energy technologies2 7v7 are carried out in collaboration with ,tribal energy development organizations1 ,indian ,tribes1 ,tribal organizations1 ,native ,hawaiian community-based organizations1 minority-serving institutions1 or territories or freely associated ,states2 and 7vi7 with regards to workforce development1 activities that expand the number of individuals from underrepresented groups pursuing and attaining skills relevant to solar energy4 7,d7 ,coordination ,to the maximum extent practicable1 the ,secretary shall coordinate activities under the program with other relevant programs and capabilities of the ,department and other ,federal research programs4 7,e7 ,use of funds ,to the extent that funding is not otherwise available through other ,federal programs or power purchase agreements1 funding awarded for demonstration projects may be used for additional nontechnology costs1 as determined to be appropriate by the ,secretary1 such as engineering or feasibility studies4 7,f7 ,solicitation ,not less than once every two years1 the ,secretary shall conduct a national solicitation for applications for demonstration projects under this section4 7#c7 ,advanced solar energy manufacturing initiative 7,a7 ,grants ,in addition to the program activities described in paragraph 7#b71 in carrying out the program1 the ,secretary shall award financial assistance to eligible entities for research1 development1 demonstration1 and commercialization projects to advance new solar energy manufacturing technologies and techniques4 7,b7 ,priority ,in awarding grants under subparagraph 7,a71 to the extent practicable1 the ,secretary shall give priority to solar energy manufacturing projects that-- 7i7 increase efficiency and cost effectiveness in-- 7,i7 the manufacturing process2 and 7,,ii7 the use of resources1 such as energy1 water1 and critical materials2 7ii7 support domestic supply chains for materials and components2 7iii7 identify and incorporate nonhazardous alternative materials for components and devices2 7iv7 operate in partnership with ,tribal energy development organizations1 ,indian ,tribes1 ,tribal organizations1 ,native ,hawaiian community-based organizations1 minority-serving institutions1 or territories or freely associated states2 or 7v7 are located in economically distressed areas4 7,c7 ,evaluation ,not later than #c years after the date of enactment of this ,act1 and every #d years thereafter1 the ,secretary shall conduct1 and make available to the public and the relevant committees of ,congress1 an independent review of the progress of the grants awarded under subparagraph 7,a74 7#d7 ,solar energy technology recycling research1 development1 and demonstration program 7,a7 ,in general ,in addition to the program activities described in paragraph 7#b71 in carrying out the program1 the ,secretary shall award financial assistance to eligible entities for research1 development1 demonstration1 and commercialization projects to create innovative and practical approaches to increase the reuse and recycling of solar energy technologies1 including-- 7i7 by increasing the efficiency and cost effectiveness of the recovery of raw materials from solar energy technology components and systems1 including enabling technologies such as inverters2 7ii7 by minimizing potential environmental impacts from the recovery and disposal processes2 7iii7 by advancing technologies and processes for the disassembly and recycling of solar energy devices2 7iv7 by developing alternative materials1 designs1 manufacturing processes1 and other aspects of solar energy technologies and the disassembly and resource recovery process that enable efficient1 cost effective1 and environmentally responsible disassembly of1 and resource recovery from1 solar energy technologies2 and 7v7 strategies to increase consumer acceptance of1 and participation in1 the recycling of photovoltaic devices4 7,b7 ,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 7,a71 including-- 7i7 development of best practices or training materials for use in the photovoltaics manufacturing1 design1 installation1 refurbishing1 disposal1 or recycling industries2 7ii7 dissemination at industry conferences2 7iii7 coordination with information dissemination programs relating to recycling of electronic devices in general2 7iv7 demonstration projects2 and 7v7 educational materials4 7,c7 ,priority ,in carrying out the activities authorized under this subsection1 the ,secretary shall give special consideration to projects that recover critical materials4 7,d7 ,sensitive information ,in carrying out the activities authorized under this subsection1 the ,secretary shall ensure proper security controls are in place to protect proprietary or sensitive information1 as appropriate4 7#e7 ,solar energy technology materials physical property database 7,a7 ,in general ,not later than ,september #a1 #bjbb1 the ,secretary shall establish a comprehensive physical property database of materials for use in solar energy technologies1 which shall identify the type1 quantity1 country of origin1 source1 significant uses1 projected availability1 and physical properties of materials used in solar energy technologies4 7,b7 ,coordination ,in establishing the database described in subparagraph 7,a71 the ,secretary shall coordinate with-- 7i7 other ,department activities1 including those carried out by the ,office of ,science2 7ii7 the ,director of the ,national ,institute of ,standards and ,technology2 7iii7 the ,administrator of the ,environmental ,protection ,agency2 7iv7 the ,secretary of the ,interior2 and 7v7 relevant industry stakeholders1 as determined by the ,secretary4 7#f7 ,solar energy technology program strategic vision 7,a7 ,in general ,not later than ,september #a1 #bjbb1 and every #f years thereafter1 the ,secretary shall submit to ,congress a report on the strategic vision1 progress1 goals1 and targets of the program1 including assessments of solar energy markets and manufacturing4 7,b7 ,inclusion ,as a part of the report described in subparagraph 7,a71 the ,secretary shall include a study that examines the viable market opportunities available for solar energy technology manufacturing in the ,united ,states1 including-- 7i7 a description of-- 7,i7 the ability to competitively manufacture solar technology in the ,united ,states1 including the manufacture of-- 7aa7 new and advanced materials1 such as cells made with new1 high efficiency materials2 7bb7 solar module equipment and enabling technologies1 including smart inverters1 sensors1 and tracking equipment2 and 7cc7 innovative solar module designs and applications1 including those that can directly integrate with new and existing buildings and other infrastructure2 and 7,,ii7 opportunities and barriers within the ,united ,states and international solar energy technology market2 7ii7 policy recommendations for enhancing solar energy technology manufacturing in the ,united ,states2 7iii7 a #aj-year target and plan to enhance the competitiveness of solar energy technology manufacturing in the ,united ,states2 and 7iv7 any other research areas as determined by the ,secretary4 7,c7 ,preparation ,the ,secretary shall coordinate the preparation of the report under subparagraph 7,a7 with-- 7i7 existing peer review processes2 7ii7 studies conducted by the ,national ,laboratories2 and 7iii7 the multiyear program planning required under section #iid of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceh74 7#g7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the program #cjj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #cjje4 ,hydroelectric production incentives and efficiency improvements 7a7 ,hydroelectric production incentives ,section #bdb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehha7 is amended-- 7#a7 in subsection 7b71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,qualified hydroelectric facility ,the term qualified hydroelectric facility means a turbine or other generating device owned or solely operated by a non-,federal entity-- 7,a7 that generates hydroelectric energy for sale2 and 7,b7 7i7 that is added to an existing dam or conduit2 or 7ii7 7,i7 that has a generating capacity of not more than #bj megawatts2 7,,ii7 for which the non-,federal entity has received a construction authorization from the ,federal ,energy ,regulatory ,commission1 if applicable2 and 7,,iii7 that is constructed in an area in which there is inadequate electric service1 as determined by the ,secretary1 including by taking into consideration-- 7aa7 access to the electric grid2 7bb7 the frequency of electric outages2 or 7cc7 the affordability of electricity4 2 7#b7 in subsection 7c71 by striking #aj and inserting #bb2 7#c7 in subsection 7e77#b71 by striking section #bi7;d77#b77;,b7 and inserting section #de,k7d77#b77;,b72 7#d7 in subsection 7f71 by striking #bj and inserting #cb2 and 7#e7 in subsection 7g71 by striking each of the fiscal years #bjjf through #bjae and inserting each of fiscal years #bjba through #bjcf4 7b7 ,hydroelectric efficiency improvement ,section #bdc7;c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehhb7;c77 is amended by striking each of the fiscal years #bjjf through #bjae and inserting each of fiscal years #bjba through #bjcf4 #cjjf4 ,conforming amendments 7a7 ,renewable ,energy and ,energy ,efficiency ,technology ,competitiveness ,act of #aihi 7#a7 ,national goals and multi-year funding ,section #d of the ,renewable ,energy and ,energy ,efficiency ,technology ,competitiveness ,act of #aihi 7#db ,u4,s4,c4 #abjjc7 is amended-- 7,a7 in the section heading1 by striking wind1 photovoltaics1 and solar thermal and inserting alcohol from biomass and other technology2 7,b7 in subsection 7a7-- 7i7 in the matter preceding paragraph 7#a71 by striking wind1 photovoltaics1 and solar thermal energy and inserting alcohol from biomass and other energy technology2 7ii7 by striking paragraphs 7#a7 through 7#c72 7iii7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#a7 and 7#b71 respectively2 and 7iv7 in paragraph 7#b7 7as so redesignated71 by striking ,ocean and inserting ,marine2 and 7,c7 in subsection 7c7-- 7i7 in the matter preceding paragraph 7#a7-- 7,i7 by striking the ,wind ,energy ,research ,program1 the ,photovoltaic ,energy ,systems ,program1 the ,solar ,thermal ,energy ,systems ,program12 and 7,,ii7 by striking ,ocean and inserting ,marine2 7ii7 in paragraph 7#a7-- 7,i7 by striking subparagraph 7,a72 and 7,,ii7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,a7 and 7,b71 respectively2 and 7iii7 in paragraph 7#b7-- 7,i7 by striking subparagraph 7,a72 and 7,,ii7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,a7 and 7,b71 respectively4 7#b7 ,reports ,section #i7;c7 of the ,renewable ,energy and ,energy ,efficiency ,technology ,competitiveness ,act of #aihi 7#db ,u4,s4,c4 #abjjf7;c77 is amended by striking ocean1 and inserting marine14 7b7 ,energy policy act of #bjje ,the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja et seq47 is amended-- 7#a7 ,assessment of renewable energy resources ,section #bja7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehea7;a77 is amended by striking ocean 7including tidal1 wave1 current1 and thermal7 and inserting marine4 7#b7 ,federal purchase requirement ,section #bjc7;b77#b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeheb7;b77#b77 is amended-- 7,a7 by inserting marine energy 7as defined in section #fcb of the ,energy ,independence and ,security ,act of #bjjg71 or before electric energy2 and 7,b7 by striking ocean 7including tidal1 wave1 current1 and thermal714 7#c7 ,renewable energy ,section #ica of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbca7 is amended-- 7,a7 in subsection 7a77#b7-- 7i7 by striking subparagraphs 7,a7 and 7,b72 7ii7 by redesignating subparagraphs 7,c7 through 7,e7 as subparagraphs 7,a7 through 7,c71 respectively2 and 7iii7 in subparagraph 7,c77i7 7as so redesignated71 by striking ocean energy1 including wave energy and inserting marine energy 7as defined in section #fcb of the ,energy ,independence and ,security ,act of #bjjg72 7,b7 by striking subsection 7d72 and 7,c7 by redesignating subsections 7e7 through 7g7 as subsections 7d7 through 7f71 respectively4 7c7 ,energy ,policy ,act of #aiib ,section #abab of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #accag7 is amended-- 7#a7 in subsection 7a77#d77;,a77i71 by striking ocean 7including tidal1 wave1 current1 and thermal7 and inserting marine energy 7as defined in section #fcb of the ,energy ,independence and ,security ,act of #bjjg72 7#b7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking ocean 7including tidal1 wave1 current1 and thermal7 and inserting marine energy 7as defined in section #fcb of the ,energy ,independence and ,security ,act of #bjjg72 and 7#c7 in subsection 7e77#a71 in the first sentence1 by striking ocean 7including tidal1 wave1 current1 and thermal7 and inserting marine energy 7as defined in section #fcb of the ,energy ,independence and ,security ,act of #bjjg74 7d7 ,federal ,nonnuclear ,energy ,research and ,development ,act of #aigd ,section #f7;b77#c7 of the ,federal ,nonnuclear ,energy ,research and ,development ,act of #aigd 7#db ,u4,s4,c4 #eije7;b77#c77 is amended-- 7#a7 by striking subparagraph 7,l72 and 7#b7 by redesignating subparagraphs 7,m7 through 7,s7 as subparagraphs 7,l7 through 7,r71 respectively4 7e7 ,solar ,energy ,research1 ,development1 and ,demonstration ,act of #aigd 7#a7 ,repeal ,the ,solar ,energy ,research1 ,development1 and ,demonstration ,act of #aigd 7#db ,u4,s4,c4 #eeea et seq47 is repealed4 7#b7 ,savings provision ,the repeal of the ,solar ,energy ,research1 ,development1 and ,demonstration ,act of #aigd 7#db ,u4,s4,c4 #eeea et seq47 under paragraph 7#a7 shall not affect the authority of the ,secretary of ,energy to conduct research and development on solar energy4 7f7 ,solar ,photovoltaic ,energy ,research1 ,development1 and ,demonstration ,act of #aigh ,the ,solar ,photovoltaic ,energy ,research1 ,development1 and ,demonstration ,act of #aigh 7#db ,u4,s4,c4 #eeha et seq47 is repealed4 7g7 ,energy ,independence and ,security ,act of #bjjg 7#a7 ,repeals ,sections #fjf and #fjg of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agagd1 #agage7 are repealed4 7#b7 ,conforming amendment ,the table of contents in section #a7;b7 of the ,energy ,independence and ,security ,act of #bjjg 7,public ,law #aaj-adj2 #aba ,stat4 #adie7 is amended by striking the items relating to sections #fjf and #fjg4 ,b ,natural ,resources ,provisions #caja4 ,definitions ,in this subtitle3 7#a7 ,covered land ,the term covered land means land that is-- 7,a7 ,federal lands administered by the ,secretary concerned2 and 7,b7 not excluded from the development of geothermal1 solar1 or wind energy under-- 7i7 a land use plan2 or 7ii7 other ,federal law4 7#b7 ,federal land ,the term ,federal land means-- 7,a7 public land as defined by section #ajc of the ,federal ,land ,policy ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb72 or 7,b7 land of the ,national ,forest ,system 7as defined in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a7774 7#c7 ,land use plan ,the term land use plan means-- 7,a7 for public land1 a land use plan established under the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 and 7,b7 for ,national ,forest ,system land1 a land management plan approved1 amended1 or revised under section #f of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd74 7#d7 ,eligible project ,the term eligible project means a project carried out on covered land that uses wind1 solar1 or geothermal energy to generate energy4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #cajb4 ,program to improve eligible project permit coordination 7a7 ,establishment ,the ,secretary shall establish a national ,renewable ,energy ,coordination ,office and ,state1 district1 or field offices1 as appropriate1 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 necessary4 ,in carrying out the program1 the ,secretary may temporarily assign qualified staff to ,renewable ,energy ,coordination ,offices to expedite the permitting of eligible projects4 7b7 ,memorandum of understanding 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall enter into a memorandum of understanding for purposes of this section with-- 7,a7 the ,secretary of ,agriculture2 7,b7 the ,administrator of the ,environmental ,protection ,agency2 and 7,c7 the ,secretary of ,defense4 7#b7 ,state and ,tribal participation ,the ,secretary may request the ,governor of any interested ,state or any ,tribal leader of any interested ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd77 to be a signatory to the memorandum of understanding under paragraph 7#a74 7c7 ,designation of qualified staff 7#a7 ,in general ,not later than #cj days after the date on which the memorandum of understanding under subsection 7b7 is executed1 all ,federal signatories1 as appropriate1 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 employed1 including1 as applicable1 particular expertise in-- 7,a7 consultation regarding1 and preparation of1 biological opinions under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf72 7,b7 permits under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd72 7,c7 regulatory matters under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7,d7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7,e7 the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq472 7,f7 the preparation of analyses under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,g7 implementation of the requirements of section #cjfajh of title #ed1 ,united ,states ,code 7formerly known as section #ajf of the ,national ,historic ,preservation ,act72 7,h7 planning under section #ad of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a72 7,i7 developing geothermal resources under the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq472 7,j7 the ,act of ,june #h1 #aidj 7#af ,u4,s4,c4 #ffh et seq41 popularly known as the ,bald and ,golden ,eagle ,protection ,act72 and 7,k7 section #ajjaja7;a71 chapter #ajjc1 and sections #ajjgea7;a71 #ajjgeb1 #ajjgec and #ajbaja of title #ed1 ,united ,states ,code 7previously known as the ,national ,park ,service ,organic ,act74 7#b7 ,duties ,each employee assigned under paragraph 7#a7 shall-- 7,a7 be responsible for addressing all issues relating to the jurisdiction of the home office or agency of the employee2 and 7,b7 participate as part of the team of personnel working on proposed energy projects1 planning1 monitoring1 inspection1 enforcement1 and environmental analyses4 7d7 ,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 #aigf 7#dc ,u4,s4,c4 #agja et seq474 7e7 ,transfer of funds ,to facilitate the coordination and processing of eligible project permits on ,federal land under the ,renewable ,energy ,coordination ,offices1 the ,secretary may authorize the expenditure or transfer of any funds that are necessary to-- 7#a7 the ,united ,states ,fish and ,wildlife ,service2 7#b7 the ,bureau of ,indian ,affairs2 7#c7 the ,forest ,service2 7#d7 the ,corps of ,engineers2 7#e7 the ,national ,park ,service2 7#f7 the ,environmental ,protection ,agency2 or 7#g7 the ,department of ,defense4 7f7 ,report to ,congress 7#a7 ,in general ,not later than ,february #a of the first fiscal year beginning after the date of the enactment of this ,act1 and each ,february #a thereafter1 the ,secretary shall submit 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 7a7 during the preceding year4 7#b7 ,inclusions ,each report under this subsection shall include-- 7,a7 projections for renewable energy production and capacity installations2 and 7,b7 a description of any problems relating to leasing1 permitting1 siting1 or production4 #cajc4 ,increasing economic certainty 7a7 ,considerations ,the ,secretary may consider acreage rental rates1 capacity fees1 and other recurring annual fees in total when evaluating existing rates paid for the use of ,federal land by eligible projects4 7b7 ,reductions in base rental rates ,the ,secretary may reduce acreage rental rates and capacity fees1 or both1 for existing and new wind and solar authorizations if the ,secretary determines-- 7#a7 that the existing rates-- 7,a7 exceed fair market value2 7,b7 impose economic hardships2 7,c7 limit commercial interest in a competitive lease sale or right-of-way grant2 or 7,d7 are not competitively priced compared to other available land2 or 7#b7 that a reduced rental rate or capacity fee is necessary to promote the greatest use of wind and solar energy resources4 #cajd4 ,national goal for renewable energy production on ,federal land 7a7 ,in general ,not later than ,september #a1 #bjbb1 the ,secretary shall1 in consultation with the ,secretary of ,agriculture and other heads of relevant ,federal agencies1 establish national goals for renewable energy production on ,federal land4 7b7 ,minimum production goal ,the ,secretary shall seek to issue permits that1 in total1 authorize production of not less than #be gigawatts of electricity from wind1 solar1 and geothermal energy projects by not later than #bjbe1 through management of public lands and administration of ,federal laws4 #caje4 ,facilitation of coproduction of geothermal energy on oil and gas leases ,section #d7;b7 of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjc7;b77 is amended by adding at the end the following3 7#d7 ,land subject to oil and gas lease ,land under an oil and gas lease issued pursuant to the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 or the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea et seq47 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 7c7 by the holder of the oil and gas lease-- 7,a7 on a determination that geothermal energy will be produced from a well producing or capable of producing oil and gas2 and 7,b7 to provide for the coproduction of geothermal energy with oil and gas4 4 #cajf4 ,savings clause ,notwithstanding any other provision of this subtitle1 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 #aigf 7#dc ,u4,s4,c4 #agja et seq47 or the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjj et seq471 respectively1 including for due consideration of mineral and nonrenewable energy-related projects and other nonrenewable energy uses1 for the purposes of land use planning1 permit processing1 and conducting environmental reviews4 ,c ,energy ,storage #cbja4 ,better energy storage technology 7a7 ,definitions ,in this section3 7#a7 ,energy storage system ,the term energy storage system means any system1 equipment1 facility1 or technology that-- 7,a7 is capable of absorbing or converting energy1 storing the energy for a period of time1 and dispatching the energy2 and 7,b7 7i7 uses mechanical1 electrochemical1 thermal1 electrolysis1 or other processes to convert and store electric energy that was generated at an earlier time for use at a later time2 7ii7 uses mechanical1 electrochemical1 biochemical1 or thermal processes to convert and store energy generated from mechanical processes that would otherwise be wasted1 for delivery at a later time2 or 7iii7 stores energy in an electric1 thermal1 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 time1 such as a grid-enabled water heater4 7#b7 ,program ,the term program means the ,energy ,storage ,system ,research1 ,development1 and ,deployment ,program established under subsection 7b77#a74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,energy storage system research1 development1 and deployment program 7#a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a program1 to be known as the ,energy ,storage ,system ,research1 ,development1 and ,deployment ,program4 7#b7 ,initial program objectives ,the program shall focus on research1 development1 and deployment of-- 7,a7 energy storage systems1 components1 and materials designed to further the development of technologies-- 7i7 for large-scale commercial deployment2 7ii7 for deployment at cost targets established by the ,secretary2 7iii7 for hourly and subhourly durations required to provide reliability services to the grid2 7iv7 for daily durations1 which have the capacity to discharge energy for a minimum of #f hours2 7v7 for weekly or monthly durations1 which have the capacity to discharge energy for #aj to #ajj hours1 at a minimum2 and 7vi7 for seasonal durations1 which have the capability to address seasonal variations in supply and demand2 7,b7 distributed energy storage technologies and applications1 including building-grid integration2 7,c7 long-term cost1 performance1 and demonstration targets for different types of energy storage systems and for use in a variety of regions1 including rural areas2 7,d7 transportation energy storage technologies and applications1 including vehicle-grid integration2 7,e7 cost-effective systems and methods for-- 7i7 the sustainable and secure sourcing1 reclamation1 recycling1 and disposal of energy storage systems1 including critical minerals2 and 7ii7 the reuse and repurposing of energy storage system technologies2 7,f7 advanced control methods for energy storage systems2 7,g7 pumped hydroelectric energy storage systems to advance-- 7i7 adoption of innovative technologies1 including-- 7,i7 systems with adjustable-speed and other new pumping and generating equipment designs2 7,,ii7 modular systems2 7,,iii7 closed-loop systems1 including mines and quarries2 and 7,,iv7 other innovative equipment and materials as determined by the ,secretary2 and 7ii7 reductions of civil works costs and construction times for hydropower and pumped storage systems1 including comprehensive data and systems analysis of hydropower and pumped storage construction technologies and processes in order to identify areas for whole-system efficiency gains2 7,h7 models and tools to demonstrate the costs and benefits of energy storage to-- 7i7 power and water supply systems2 7ii7 electric generation portfolio optimization2 and 7iii7 expanded deployment of other renewable energy technologies1 including in integrated energy storage systems2 7,i7 energy storage use cases from individual and combination technology applications1 including value from various-use cases and energy storage services2 and 7,j7 advanced manufacturing technologies that have the potential to improve ,united ,states competitiveness in energy storage manufacturing or reduce ,united ,states dependence on critical materials4 7#c7 ,testing and validation ,in coordination with #a or more ,national ,laboratories1 the ,secretary shall support the development1 standardized testing1 and validation of energy storage systems under the program1 including test-bed and field trials1 by developing testing and evaluation methodologies for-- 7,a7 storage technologies1 controls1 and power electronics for energy storage systems under a variety of operating conditions2 7,b7 standardized and grid performance testing for energy storage systems1 materials1 and technologies during each stage of development2 7,c7 reliability1 safety1 degradation1 and durability testing under standard and evolving duty cycles2 and 7,d7 accelerated life testing protocols to predict estimated lifetime metrics with accuracy4 7#d7 ,periodic evaluation of program objectives ,not less frequently than once every calendar year1 the ,secretary shall evaluate and1 if necessary1 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 resources4 7#e7 ,energy storage strategic plan 7,a7 ,in general ,the ,secretary shall develop a #aj-year strategic plan for the program1 and update the plan1 in accordance with this paragraph4 7,b7 ,contents ,the strategic plan developed under subparagraph 7,a7 shall-- 7i7 be coordinated with and integrated across other relevant offices in the ,department2 7ii7 to the extent practicable1 include metrics that can be used to evaluate storage technologies2 7iii7 identify ,department programs that-- 7,i7 support the research and development activities described in paragraph 7#b7 and the demonstration projects under subsection 7c72 and 7,,ii7 7aa7 do not support the activities or projects described in subclause 7,i72 but 7bb7 are important to the development of energy storage systems and the mission of the ,department1 as determined by the ,secretary2 7iv7 include expected timelines for-- 7,i7 the accomplishment of relevant objectives under current programs of the ,department relating to energy storage systems2 and 7,,ii7 the commencement of any new initiatives within the ,department relating to energy storage systems to accomplish those objectives2 and 7v7 incorporate relevant activities described in the ,grid ,modernization ,initiative ,multi-,year ,program ,plan4 7,c7 ,submission to congress ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committees on ,energy and ,commerce and ,science1 ,space1 and ,technology of the ,house of ,representatives the strategic plan developed under subparagraph 7,a74 7,d7 ,updates to plan ,the ,secretary-- 7i7 shall annually review the strategic plan developed under subparagraph 7,a72 and 7ii7 may periodically revise the strategic plan as appropriate4 7#f7 ,leveraging of resources ,the program may be led by a specific office of the ,department1 but shall be cross-cutting in nature1 so that in carrying out activities under the program1 the ,secretary 7or a designee of the ,secretary charged with leading the program7 shall leverage existing ,federal resources1 including1 at a minimum1 the expertise and resources of-- 7,a7 the ,office of ,electricity2 7,b7 the ,office of ,energy ,efficiency and ,renewable ,energy1 including the ,water ,power ,technologies ,office2 and 7,c7 the ,office of ,science1 including-- 7i7 the ,basic ,energy ,sciences ,program2 7ii7 the ,advanced ,scientific ,computing ,research ,program2 7iii7 the ,biological and ,environmental ,research ,program2 and 7,d7 the ,electricity ,storage ,research ,initiative established under section #ige of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcae74 7#g7 ,protecting privacy and security ,in carrying out this subsection1 the ,secretary shall identify1 incorporate1 and follow best practices for protecting the privacy of individuals and businesses and the respective sensitive data of the individuals and businesses1 including by managing privacy risk and implementing the ,fair ,information ,practice ,principles of the ,federal ,trade ,commission for the collection1 use1 disclosure1 and retention of individual electric consumer information in accordance with the ,office of ,management and ,budget ,circular ,a-#acj 7or successor circulars74 7c7 ,energy storage demonstration projects2 pilot grant program 7#a7 ,demonstration projects ,not later than ,september #cj1 #bjbc1 the ,secretary shall1 to the maximum extent practicable1 enter into agreements to carry out #c energy storage system demonstration projects1 including at least #a energy storage system demonstration project designed to further the development of technologies described in clause 7v7 or 7vi7 of subsection 7b77#b77;,a74 7#b7 ,energy storage pilot grant program 7,a7 ,definition of eligible entity ,in this paragraph1 the term eligible entity means-- 7i7 a ,state energy office 7as defined in section #abd7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehba7;a7772 7ii7 an ,indian ,tribe 7as defined in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc72 7iii7 a ,tribal organization 7as defined in section #cgfe of title #ch1 ,united ,states ,code72 7iv7 an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja772 7v7 an electric utility1 including-- 7,i7 an electric cooperative2 7,,ii7 a political subdivision of a ,state1 such as a municipally owned electric utility1 or any agency1 authority1 corporation1 or instrumentality of a ,state political subdivision2 and 7,,iii7 an investor-owned utility2 and 7vi7 a private energy storage company4 7,b7 ,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 systems4 7,c7 ,selection requirements ,in selecting eligible entities to receive a grant under subparagraph 7,b71 the ,secretary shall1 to the maximum extent practicable-- 7i7 ensure regional diversity among eligible entities awarded grants1 including ensuring participation of eligible entities that are rural ,states and ,states with high energy costs2 7ii7 ensure that grants are awarded for demonstration projects that-- 7,i7 expand on the existing technology demonstration programs of the ,department2 7,,ii7 are designed to achieve #a or more of the objectives described in subparagraph 7,d72 and 7,,iii7 inject or withdraw energy from the bulk power system1 electric distribution system1 building energy system1 or microgrid 7grid-connected or islanded mode7 where the project is located2 7iii7 give consideration to proposals from eligible entities for securing energy storage through competitive procurement or contract for service2 and 7iv7 prioritize projects that leverage matching funds from non-,federal sources4 7,d7 ,objectives ,each demonstration project carried out by a grant awarded under subparagraph 7,b7 shall have #a or more of the following objectives3 7i7 ,to improve the security of critical infrastructure and emergency response systems4 7ii7 ,to improve the reliability of transmission and distribution systems1 particularly in rural areas1 including high-energy cost rural areas4 7iii7 ,to optimize transmission or distribution system operation and power quality to defer or avoid costs of replacing or upgrading electric grid infrastructure1 including transformers and substations4 7iv7 ,to supply energy at peak periods of demand on the electric grid or during periods of significant variation of electric grid supply4 7v7 ,to reduce peak loads of homes and businesses4 7vi7 ,to improve and advance power conversion systems4 7vii7 ,to provide ancillary services for grid stability and management4 7viii7 ,to integrate renewable energy resource production4 7ix7 ,to increase the feasibility of microgrids 7grid-connected or islanded mode74 7x7 ,to enable the use of stored energy in forms other than electricity to support the natural gas system and other industrial processes4 7xi7 ,to integrate fast charging of electric vehicles4 7xii7 ,to improve energy efficiency4 7#c7 ,reports ,not less frequently than once every #c years for the duration of the programs under paragraphs 7#a7 and 7#b71 the ,secretary shall submit to ,congress and make publicly available a report describing the performance of those programs4 7#d7 ,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 project4 7d7 ,long-duration demonstration initiative and joint program 7#a7 ,definitions ,in this subsection3 7,a7 ,initiative ,the term ,initiative means the demonstration initiative established under paragraph 7#b74 7,b7 ,joint program ,the term ,joint ,program means the joint program established under paragraph 7#d74 7#b7 ,establishment of initiative ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a demonstration initiative composed of demonstration projects focused on the development of long-duration energy storage technologies4 7#c7 ,selection of projects ,to the maximum extent practicable1 in selecting demonstration projects to participate in the ,initiative1 the ,secretary shall-- 7,a7 ensure a range of technology types2 7,b7 ensure regional diversity among projects2 and 7,c7 consider bulk power level1 distribution power level1 behind-the-meter1 microgrid 7gridconnected or islanded mode71 and off-grid applications4 7#d7 ,joint program 7,a7 ,establishment ,as part of the ,initiative1 the ,secretary1 in consultation with the ,secretary of ,defense1 shall establish within the ,department a joint program to carry out projects-- 7i7 to demonstrate promising long-duration energy storage technologies at different scales2 and 7ii7 to help new1 innovative long-duration energy storage technologies become commercially viable4 7,b7 ,memorandum of understanding ,not later than #bjj days after the date of enactment of this ,act1 the ,secretary shall enter into a memorandum of understanding with the ,secretary of ,defense to administer the ,joint ,program4 7,c7 ,infrastructure ,in carrying out the ,joint ,program1 the ,secretary and the ,secretary of ,defense shall-- 7i7 use existing test-bed infrastructure at-- 7,i7 ,department facilities2 and 7,,ii7 ,department of ,defense installations2 and 7ii7 develop new infrastructure for identified projects1 if appropriate4 7,d7 ,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 policies4 7,e7 ,selection of projects 7i7 ,in general ,to the maximum extent practicable1 in selecting projects to participate in the ,joint ,program1 the ,secretary and the ,secretary of ,defense shall-- 7,i7 ensure that projects are carried out under conditions that represent a variety of environments with different physical conditions and market constraints2 and 7,,ii7 ensure an appropriate balance of-- 7aa7 larger1 higher-cost projects2 and 7bb7 smaller1 lower-cost projects4 7ii7 ,priority ,in carrying out the ,joint ,program1 the ,secretary and the ,secretary of ,defense shall give priority to demonstration projects that-- 7,i7 make available to the public project information that will accelerate deployment of long-duration energy storage technologies2 and 7,,ii7 will be carried out in the field4 7e7 ,critical material recycling and reuse research1 development1 and demonstration program ,the ,united ,states ,energy ,storage ,competitiveness ,act of #bjjg 7#db ,u4,s4,c4 #agbca7 is amended by adding at the end the following3 7q7 ,critical material recycling and reuse research1 development1 and demonstration program 7#a7 ,definitions ,in this subsection3 7,a7 ,critical material ,the term critical material has the meaning given the term in #gjjb of the ,energy ,act of #bjbj4 7,b7 ,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 technologies4 7#b7 ,establishment ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary shall establish a research1 development1 and demonstration program for critical material recycling and reuse of energy storage systems containing critical materials4 7#c7 ,research1 development1 and demonstration ,in carrying out the program established under paragraph 7#a71 the ,secretary shall conduct-- 7,a7 research1 development1 and demonstration activities for-- 7i7 technologies1 process improvements1 and design optimizations that facilitate and promote critical material recycling of energy storage systems1 including separation and sorting of component materials of such systems1 and extraction1 recovery1 and reuse of critical materials from such systems2 7ii7 technologies and methods that mitigate emissions and environmental impacts that arise from critical material recycling1 including disposal of toxic reagents and byproducts related to critical material recycling processes2 7iii7 technologies to enable extraction1 recovery1 and reuse of energy storage systems from electric vehicles and critical material recycling from such vehicles2 and 7iv7 technologies and methods to enable the safe transport1 storage1 and disposal of energy storage systems containing critical materials1 including waste materials and components recovered during the critical material recycling process2 and 7,b7 research on nontechnical barriers to improve the collection and critical material recycling of energy storage systems1 including strategies to improve consumer education of1 acceptance of1 and participation in1 the critical material recycling of energy storage systems4 7#d7 ,report to ,congress ,not later than #b years after the date of enactment of this subsection1 and every #c years thereafter1 the ,secretary shall submit to the ,committee on ,science1 ,space1 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 activities1 findings1 and progress of the program4 4 7f7 ,coordination ,to the maximum extent practicable1 the ,secretary shall coordinate the activities under this section 7including activities conducted pursuant to the amendments made by this section7 among the offices and employees of the ,department1 other ,federal agencies1 and other relevant entities-- 7#a7 to ensure appropriate collaboration2 7#b7 to avoid unnecessary duplication of those activities2 and 7#c7 to increase domestic manufacturing and production of energy storage systems1 such as those within the ,department and within the ,national ,institute of ,standards and ,technology4 7g7 ,authorization of appropriations ,there are authorized to be appropriated-- 7#a7 to carry out subsection 7b71 #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended2 7#b7 to carry out subsection 7c71 #ga1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended2 and 7#c7 to carry out subsection 7d71 #cj1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 #cbjb4 ,energy storage technology and microgrid assistance program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a rural electric cooperative2 7,b7 an agency1 authority1 or instrumentality of a ,state or political subdivision of a ,state that sells or otherwise uses electrical energy to provide electric services for customers2 or 7,c7 a nonprofit organization working with at least #f entities described in subparagraph 7,a7 or 7,b74 7#b7 ,energy storage technology ,the term energy storage technology includes grid-enabled water heaters1 building heating or cooling systems1 electric vehicles1 the production of hydrogen for transportation or industrial use1 or other technologies that store energy4 7#c7 ,microgrid ,the term microgrid means a localized grid that operates autonomously regardless of whether the grid can operate in connection with another grid4 7#d7 ,renewable energy source ,the term renewable energy source has the meaning given the term in section #fji7;a7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#g ,u4,s4,c4 #iah;c7a774 7#e7 ,rural electric cooperative ,the term rural electric cooperative means an electric cooperative 7as defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif77 that sells electric energy to persons in rural areas4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall establish a program under which the ,secretary shall-- 7#a7 provide grants to eligible entities under subsection 7d72 7#b7 provide technical assistance to eligible entities under subsection 7e72 and 7#c7 disseminate information to eligible entities on-- 7,a7 the activities described in subsections 7d77#a7 and 7e72 and 7,b7 potential and existing energy storage technology and microgrid projects4 7c7 ,cooperative agreement ,the ,secretary may enter into a cooperative agreement with an eligible entity to carry out subsection 7b74 7d7 ,grants 7#a7 ,in general ,the ,secretary may award grants to eligible entities for identifying1 evaluating1 designing1 and demonstrating energy storage technology and microgrid projects that utilize energy from renewable energy sources4 7#b7 ,application ,to be eligible to receive a grant under paragraph 7#a71 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#c7 ,use of grant ,an eligible entity that receives a grant under paragraph 7#a7-- 7,a7 shall use the grant-- 7i7 to conduct feasibility studies to assess the potential for implementation or improvement of energy storage technology or microgrid projects2 7ii7 to analyze and implement strategies to overcome barriers to energy storage technology or microgrid project implementation1 including financial1 contracting1 siting1 and permitting barriers2 7iii7 to conduct detailed engineering of energy storage technology or microgrid projects2 7iv7 to perform a cost-benefit analysis with respect to an energy storage technology or microgrid project2 7v7 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 entity2 or 7vi7 to purchase and install necessary equipment1 materials1 and supplies for demonstration of emerging technologies2 and 7,b7 may use the grant to obtain technical assistance from experts in carrying out the activities described in subparagraph 7,a74 7#d7 ,condition ,as a condition of receiving a grant under paragraph 7#a71 an eligible entity shall-- 7,a7 implement a public awareness campaign1 in coordination with the ,secretary1 about the project implemented under the grant in the community in which the eligible entity is located1 which campaign shall include providing projected environmental benefits achieved under the project1 where to find more information about the program established under this section1 and any other information the ,secretary determines necessary2 7,b7 submit to the ,secretary1 and make available to the public1 a report that describes-- 7i7 any energy cost savings and environmental benefits achieved under the project2 and 7ii7 the results of the project1 including quantitative assessments to the extent practicable1 associated with each activity described in paragraph 7#c77;,a72 and 7,c7 create and disseminate tools and resources that will benefit other rural electric cooperatives1 which may include cost calculators1 guidebooks1 handbooks1 templates1 and training courses4 7#e7 ,cost-share ,activities under this subsection shall be subject to the cost-sharing requirements of section #ihh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb74 7e7 ,technical assistance 7#a7 ,in general ,in carrying out the program established under subsection 7b71 the ,secretary may provide eligible entities with technical assistance relating to-- 7,a7 identifying opportunities for energy storage technology and microgrid projects2 7,b7 understanding the technical and economic characteristics of energy storage technology or microgrid projects2 7,c7 understanding financing alternatives2 7,d7 permitting and siting issues2 7,e7 obtaining case studies of similar and successful energy storage technology or microgrid projects2 7,f7 reviewing and obtaining computer software for assessment1 design1 and operation and maintenance of energy storage technology or microgrid systems2 and 7,g7 understanding and utilizing the reliability and resiliency benefits of energy storage technology and microgrid projects4 7#b7 ,external contracts ,in carrying out paragraph 7#a71 the ,secretary may enter into contracts with third-party experts1 including engineering1 finance1 and insurance experts1 to provide technical assistance to eligible entities relating to the activities described in such paragraph1 or other relevant activities1 as determined by the ,secretary4 7f7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #ae1jjj1jjj for each of fiscal years #bjba through #bjbe4 7#b7 ,administrative costs ,not more than #e percent of the amount appropriated under paragraph 7#a7 for each fiscal year shall be used for administrative expenses4 ,,iv ,carbon ,management #djja4 ,fossil energy ,section #ifa7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia7;a77 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#g7 as subparagraphs 7,a7 through 7,g71 respectively1 and indenting appropriately2 7#b7 in subparagraph 7,f7 7as so redesignated71 by inserting 1 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 end2 7#c7 by striking subparagraph 7,g7 7as so redesignated7 and inserting the following3 7,g7 ,increasing the export of fossil energy-related equipment1 technology1 including emissions control technologies1 and services from the ,united ,states4 7,h7 ,decreasing the cost of emissions control technologies for fossil energy production1 generation1 and delivery4 7,i7 ,significantly lowering greenhouse gas emissions for all fossil fuel production1 generation1 delivery1 and utilization technologies4 7,j7 ,developing carbon removal and utilization technologies1 products1 and methods that result in net reductions in greenhouse gas emissions1 including direct air capture and storage1 and carbon use and reuse for commercial application4 7,k7 ,improving the conversion1 use1 and storage of carbon oxides produced from fossil fuels4 7,l7 ,reducing water use1 improving water reuse1 and minimizing surface and subsurface environmental impact in the development of unconventional domestic oil and natural gas resources4 2 7#d7 by striking the subsection designation and all that follows through ,the ,secretary in the first sentence of the matter preceding subparagraph 7,a7 7as so redesignated7 and inserting the following3 7a7 ,establishment 7#a7 ,in general ,the ,secretary 2 7#e7 in paragraph 7#a7 7as so designated71 in the second sentence of the matter preceding subparagraph 7,a7 7as so redesignated71 by striking ,such programs and inserting the following3 7#b7 ,objectives ,the programs described in paragraph 7#a7 shall 2 and 7#f7 by adding at the end the following3 7#c7 ,priority ,in carrying out the objectives described in subparagraphs 7,f7 through 7,k7 of paragraph 7#b71 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 ,states4 4 #djjb4 ,establishment of carbon capture technology program 7a7 ,in general ,the ,energy ,policy ,act of #bjje is amended by striking section #ifb 7#db ,u4,s4,c4 #afbib7 and inserting the following3 #ifb4 ,carbon ,capture ,technology ,program 7a7 ,definitions ,in this section3 7#a7 ,large-scale pilot project ,the term large-scale pilot project means a pilot project that-- 7,a7 represents the scale of technology development beyond laboratory development and bench scale testing1 but not yet advanced to the point of being tested under real operational conditions at commercial scale2 7,b7 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 demonstration2 and 7,c7 is large enough-- 7i7 to validate scaling factors2 and 7ii7 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 application4 7#b7 ,natural gas ,the term natural gas means any fuel consisting in whole or in part of-- 7,a7 natural gas2 7,b7 liquid petroleum gas2 7,c7 synthetic gas derived from petroleum or natural gas liquids2 7,d7 any mixture of natural gas and synthetic gas2 or 7,e7 biomethane4 7#c7 ,natural gas electric generation facility 7,a7 ,in general ,the term natural gas electric generation facility means a facility that generates electric energy using natural gas as the fuel4 7,b7 ,inclusions ,the term natural gas electric generation facility includes without limitation a new or existing-- 7i7 simple cycle plant2 7ii7 combined cycle plant2 7iii7 combined heat and power plant2 or 7iv7 steam methane reformer that produces hydrogen from natural gas for use in the production of electric energy4 7#d7 ,program ,the term program means the program established under subsection 7b77#a74 7#e7 ,transformational technology 7,a7 ,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 performance1 efficiency1 cost of electricity1 and reduction of emissions as compared to the technology in existence on the date of enactment of the ,energy ,act of #bjbj4 7,b7 ,inclusions ,the term transformational technology includes a broad range of potential technology improvements1 including-- 7i7 thermodynamic improvements in energy conversion and heat transfer1 including-- 7,i7 advanced combustion systems1 including oxygen combustion systems and chemical looping2 and 7,,ii7 the replacement of steam cycles with supercritical carbon dioxide cycles2 7ii7 improvements in steam or carbon dioxide turbine technology2 7iii7 improvements in carbon capture1 utilization1 and storage systems technology2 7iv7 improvements in small-scale and modular coal-fired technologies with reduced carbon output or carbon capture that can support incremental power generation capacity additions2 7v7 fuel cell technologies for low-cost1 high-efficiency modular power systems2 7vi7 advanced gasification systems2 7vii7 thermal cycling technologies2 and 7viii7 any other technology the ,secretary recognizes as transformational technology4 7b7 ,carbon ,capture ,technology ,program 7#a7 ,in general ,the ,secretary shall establish a carbon capture technology program for the development of transformational technologies that will significantly improve the efficiency1 effectiveness1 costs1 emissions reductions1 and environmental performance of coal and natural gas use1 including in manufacturing and industrial facilities4 7#b7 ,requirements ,the program shall include-- 7,a7 a research and development program2 7,b7 large-scale pilot projects2 7,c7 demonstration projects1 in accordance with paragraph 7#d72 and 7,d7 a front-end engineering and design program4 7#c7 ,program goals and objectives ,in consultation with the interested entities described in paragraph 7#f77;,c71 the ,secretary shall develop goals and objectives for the program to be applied to the transformational technologies developed within the program1 taking into consideration the following3 7,a7 ,increasing the performance of coal electric generation facilities and natural gas electric generation facilities1 including by-- 7i7 ensuring reliable1 low-cost power from new and existing coal electric generation facilities and natural gas electric generation facilities2 7ii7 achieving high conversion efficiencies2 7iii7 addressing emissions of carbon dioxide and other air pollutants2 7iv7 developing small-scale and modular technologies to support incremental capacity additions and load following generation1 in addition to large-scale generation technologies2 7v7 supporting dispatchable operations for new and existing applications of coal and natural gas generation2 and 7vi7 accelerating the development of technologies that have transformational energy conversion characteristics4 7,b7 ,using carbon capture1 utilization1 and sequestration technologies to decrease the carbon dioxide emissions1 and the environmental impact from carbon dioxide emissions1 from new and existing coal electric generation facilities and natural gas electric generation facilities1 including by-- 7i7 accelerating the development1 deployment1 and commercialization of technologies to capture and sequester carbon dioxide emissions from new and existing coal electric generation facilities and natural gas electric generation facilities2 7ii7 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 industry2 7iii7 improving the conversion1 utilization1 and storage of carbon dioxide produced from fossil fuels and other anthropogenic sources of carbon dioxide2 7iv7 lowering greenhouse gas emissions for all fossil fuel production1 generation1 delivery1 and use1 to the maximum extent practicable2 7v7 developing carbon utilization technologies1 products1 and methods1 including carbon use and reuse for commercial application2 7vi7 developing net-negative carbon dioxide emissions technologies2 and 7vii7 developing technologies for the capture of carbon dioxide produced during the production of hydrogen from natural gas4 7,c7 ,decreasing the non-carbon dioxide relevant environmental impacts of coal and natural gas production1 including by-- 7i7 further reducing non-carbon dioxide air emissions2 and 7ii7 reducing the use1 and managing the discharge1 of water in power plant operations4 7,d7 ,accelerating the development of technologies to significantly decrease emissions from manufacturing and industrial facilities1 including-- 7i7 nontraditional fuel manufacturing facilities1 including ethanol or other biofuel production plants or hydrogen production plants2 and 7ii7 energy-intensive manufacturing facilities that produce carbon dioxide as a byproduct of operations4 7,e7 ,entering into cooperative agreements to carry out and expedite demonstration projects 7including pilot projects7 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 deployment4 7,f7 ,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 facilities4 7#d7 ,demonstration projects 7,a7 ,in general ,in carrying out the program1 the ,secretary shall establish a demonstration program under which the ,secretary1 through a competitive1 merit-reviewed process1 shall enter into cooperative agreements by not later than ,september #cj1 #bjbe1 for demonstration projects to demonstrate the construction and operation of #f facilities to capture carbon dioxide from coal electric generation facilities1 natural gas electric generation facilities1 and industrial facilities4 7,b7 ,technical assistance ,the ,secretary1 to the maximum extent practicable1 shall provide technical assistance to any eligible entity seeking to enter into a cooperative agreement described in subparagraph 7,a7 for the purpose of obtaining any necessary permits and licenses to demonstrate qualifying technologies4 7,c7 ,eligible entities ,the ,secretary may enter into cooperative agreements under subparagraph 7,a7 with industry stakeholders1 including any industry stakeholder operating in partnership with the ,national ,laboratories1 institutions of higher education1 multiinstitutional collaborations1 and other appropriate entities4 7,d7 ,commercial-scale demonstration projects 7i7 ,in general ,in carrying out the program1 the ,secretary shall establish a carbon capture technology commercialization program to demonstrate substantial improvements in the efficiency1 effectiveness1 cost1 and environmental performance of carbon capture technologies for power1 industrial1 and other commercial applications4 7ii7 ,requirement ,the program established under clause 7i7 shall include funding for commercial-scale carbon capture technology demonstrations of projects supported by the ,department1 including projects in addition to the projects described in subparagraph 7,a71 including funding for not more than #b 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 7,g74 7,e7 ,requirement ,of the demonstration projects carried out under subparagraph 7,a7-- 7i7 #b shall be designed to capture carbon dioxide from a natural gas electric generation facility2 7ii7 #b shall be designed to capture carbon dioxide from a coal electric generation facility2 and 7iii7 #b shall be designed to capture carbon dioxide from an industrial facility not purposed for electric generation4 7,f7 ,goals ,each demonstration project under the demonstration program under subparagraph 7,a7-- 7i7 shall be designed to further the development1 deployment1 and commercialization of technologies to capture and sequester carbon dioxide emissions from new and existing coal electric generation facilities1 natural gas electric generation facilities1 and industrial facilities2 7ii7 shall be financed in part by the private sector2 and 7iii7 if necessary1 shall secure agreements for the offtake of carbon dioxide emissions captured by qualifying technologies during the project4 7,g7 ,applications 7i7 ,in general ,to be eligible to enter into an agreement with the ,secretary for a demonstration project under subparagraphs 7,a7 and 7,d71 an entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7ii7 ,review of applications ,in reviewing applications submitted under clause 7i71 the ,secretary1 to the maximum extent practicable1 shall-- 7,i7 ensure a broad geographic distribution of project sites2 7,,ii7 ensure that a broad selection of electric generation facilities are represented2 7,,iii7 ensure that a broad selection of technologies are represented2 and 7,,iv7 leverage existing public-private partnerships and ,federal resources4 7,h7 ,,gao study and report 7i7 ,study and report 7,i7 ,in general ,not later than #a year after the date of enactment of the ,energy ,act of #bjbj1 the ,comptroller ,general of the ,united ,states shall conduct1 and submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report on the results of1 a study of the successes1 failures1 practices1 and improvements of the ,department in carrying out demonstration projects under this paragraph4 7,,ii7 ,considerations ,in conducting the study under subclause 7,i71 the ,comptroller ,general of the ,united ,states shall consider-- 7aa7 applicant and contractor qualifications2 7bb7 project management practices at the ,department2 7cc7 economic or market changes and other factors impacting project viability2 7dd7 completion of third-party agreements1 including power purchase agreements and carbon dioxide offtake agreements2 7ee7 regulatory challenges2 and 7ff7 construction challenges4 7ii7 ,recommendations ,the ,secretary shall-- 7,i7 consider any relevant recommendations1 as determined by the ,secretary1 provided in the report required under clause 7i77,i72 and 7,,ii7 adopt such recommendations as the ,secretary considers appropriate4 7,i7 ,report 7i7 ,in general ,not later than #ahj days after the date on which the ,secretary solicits applications under subparagraph 7,g71 and annually thereafter1 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 7,a7 were or will be solicited and how the applications were or will be evaluated1 including-- 7,i7 a list of any activities carried out by the ,secretary to solicit or evaluate the applications2 and 7,,ii7 a process for ensuring that any projects carried out under a cooperative agreement entered into under subparagraph 7,a7 are designed to result in the development or demonstration of qualifying technologies4 7ii7 ,inclusions ,the ,secretary shall include-- 7,i7 in the first report required under clause 7i71 a detailed list of technical milestones for the development and demonstration of each qualifying technology pursued under the demonstration program established under subparagraph 7,a72 7,,ii7 in each subsequent report required under clause 7i71 a description of the progress made towards achieving the technical milestones described in subclause 7,i7 during the applicable period covered by the report2 and 7,,iii7 in each report required under clause 7i7-- 7aa7 an estimate of the cost of licensing1 permitting1 constructing1 and operating each carbon capture facility expected to be constructed under the demonstration program established under subparagraph 7,a72 7bb7 a schedule for the planned construction and operation of each demonstration or pilot project under the demonstration program2 and 7cc7 an estimate of any financial assistance1 compensation1 or incentives proposed to be paid by the host ,state1 ,indian ,tribe1 or local government with respect to each facility described in item 7aa74 7#e7 ,intraagency coordination for carbon capture1 utilization1 and sequestration activities ,the carbon capture1 utilization1 and sequestration activities described in paragraph 7#c77;,b7 shall be carried out by the ,assistant ,secretary for ,fossil ,energy1 in coordination with the heads of other relevant offices of the ,department and the ,national ,laboratories4 7#f7 ,consultations required ,in carrying out the program1 the ,secretary shall-- 7,a7 undertake international collaborations1 taking into consideration the recommendations of the ,national ,coal ,council and the ,national ,petroleum ,council2 7,b7 use existing authorities to encourage international cooperation2 and 7,c7 consult with interested entities1 including-- 7i7 coal and natural gas producers2 7ii7 industries that use coal and natural gas2 7iii7 organizations that promote coal1 advanced coal1 and natural gas technologies2 7iv7 environmental organizations2 7v7 organizations representing workers2 and 7vi7 organizations representing consumers4 7c7 ,report 7#a7 ,in general ,not later than #ah months after the date of enactment of the ,energy ,act of #bjbj1 the ,secretary shall submit to ,congress a report describing the program goals and objectives adopted under subsection 7b77#c74 7#b7 ,update ,not less frequently than once every #b years after the initial report is submitted under paragraph 7#a71 the ,secretary shall submit to ,congress a report describing the progress made towards achieving the program goals and objectives adopted under subsection 7b77#c74 7d7 ,funding 7#a7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this section1 to remain available until expended-- 7,a7 for activities under the research and development program component described in subsection 7b77#b77;,a7-- 7i7 #bcj1jjj1jjj for each of fiscal years #bjba and #bjbb2 and 7ii7 #aej1jjj1jjj for each of fiscal years #bjbc through #bjbe2 7,b7 subject to paragraph 7#b71 for activities under the large-scale pilot projects program component described in subsection 7b77#b77;,b7-- 7i7 #bbe1jjj1jjj for each of fiscal years #bjba and #bjbb2 7ii7 #bjj1jjj1jjj for each of fiscal years #bjbc and #bjbd2 and 7iii7 #aej1jjj1jjj for fiscal year #bjbe2 7,c7 for activities under the demonstration projects program component described in subsection 7b77#b77;,c7-- 7i7 #ejj1jjj1jjj for each of fiscal years #bjba though #bjbd2 and 7ii7 #fjj1jjj1jjj for fiscal year #bjbe2 and 7,d7 for activities under the front-end engineering and design program described in subsection 7b77#b77;,d71 #ej1jjj1jjj for each of fiscal years #bjba through #bjbd4 7#b7 ,cost sharing for large-scale pilot projects ,activities under subsection 7b77#b77;,b7 shall be subject to the cost-sharing requirements of section #ihh7;b74 7e7 ,carbon capture test centers 7#a7 ,in general ,not later than #b years after the date of enactment of the ,energy ,act of #bjbj1 the ,secretary shall award grants to #a or more entities for the operation of #a or more test centers 7referred to in this subsection as a ,center7 to provide distinct testing capabilities for innovative carbon capture technologies4 7#b7 ,purpose ,each ,center shall-- 7,a7 advance research1 development1 demonstration1 and commercial application of carbon capture technologies2 7,b7 support large-scale pilot projects and demonstration projects and test carbon capture technologies2 and 7,c7 develop front-end engineering design and economic analysis4 7#c7 ,selection 7,a7 ,in general ,the ,secretary shall select entities to receive grants under this subsection according to such criteria as the ,secretary may develop4 7,b7 ,competitive basis ,the ,secretary shall select entities to receive grants under this subsection on a competitive basis4 7,c7 ,priority criteria ,in selecting entities to receive grants under this subsection1 the ,secretary shall prioritize consideration of applicants that-- 7i7 have access to existing or planned research facilities for carbon capture technologies2 7ii7 are institutions of higher education with established expertise in engineering for carbon capture technologies1 or partnerships with such institutions of higher education2 or 7iii7 have access to existing research and test facilities for bulk materials design and testing1 component design and testing1 or professional engineering design4 7,d7 ,existing centers ,in selecting entities to receive grants under this subsection1 the ,secretary shall prioritize carbon capture test centers in existence on the date of enactment of the ,energy ,act of #bjbj4 7#d7 ,formula for awarding grants ,the ,secretary may develop a formula for awarding grants under this subsection4 7#e7 ,schedule 7,a7 ,in general ,each grant awarded under this subsection shall be for a term of not more than #e years1 subject to the availability of appropriations4 7,b7 ,renewal ,the ,secretary may renew a grant for #a or more additional #e-year terms1 subject to a competitive merit review and the availability of appropriations4 7#f7 ,termination ,to the extent otherwise authorized by law1 the ,secretary may eliminate1 and terminate grant funding under this subsection for1 a ,center during any #e-year term described in paragraph 7#e7 if the ,secretary determines that the ,center is underperforming4 7#g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #be1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 7b7 ,technical ,amendment ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #fjj7 is amended by striking the item relating to section #ifb and inserting the following3 ,sec4 #ifb4 ,carbon capture technology program4 4 #djjc4 ,carbon storage validation and testing 7a7 ,in general ,section #ifc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbic7 is amended-- 7#a7 by striking subsection 7d7 and inserting the following3 7g7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this section-- 7#a7 #bjj1jjj1jjj for fiscal year #bjba2 7#b7 #bjj1jjj1jjj for fiscal year #bjbb2 7#c7 #aej1jjj1jjj for fiscal year #bjbc2 7#d7 #aej1jjj1jjj for fiscal year #bjbd2 and 7#e7 #ajj1jjj1jjj for fiscal year #bjbe4 2 7#b7 in subsection 7c7-- 7,a7 by striking paragraphs 7#e7 and 7#f7 and inserting the following3 7f7 ,cost sharing ,activities carried out under this section shall be subject to the cost-sharing requirements of section #ihh4 2 and 7,b7 by redesignating paragraph 7#d7 as subsection 7e7 and indenting appropriately2 7#c7 in subsection 7e7 7as so redesignated7-- 7,a7 by redesignating subparagraphs 7,a7 and 7,b7 as paragraphs 7#a7 and 7#b71 respectively1 and indenting appropriately2 and 7,b7 by striking subsection each place it appears and inserting section2 and 7#d7 by striking the section designation and heading and all that follows through the end of subsection 7c77#c7 and inserting the following3 #ifc4 ,carbon storage validation and testing 7a7 ,definitions ,in this section3 7#a7 ,large-scale carbon sequestration ,the term large-scale carbon sequestration means a scale that-- 7,a7 demonstrates the ability to inject into geologic formations and sequester carbon dioxide2 and 7,b7 has a goal of sequestering not less than #ej million metric tons of carbon dioxide over a #aj-year period4 7#b7 ,program ,the term program means the program established under subsection 7b77#a74 7b7 ,carbon storage program 7#a7 ,in general ,the ,secretary shall establish a program of research1 development1 and demonstration for carbon storage4 7#b7 ,program activities ,activities under the program shall include-- 7,a7 in coordination with relevant ,federal agencies1 developing and maintaining mapping tools and resources that assess the capacity of geologic storage formation in the ,united ,states2 7,b7 developing monitoring tools1 modeling of geologic formations1 and analyses-- 7i7 to predict carbon dioxide containment2 and 7ii7 to account for sequestered carbon dioxide in geologic storage sites2 7,c7 researching-- 7i7 potential environmental1 safety1 and health impacts in the event of a leak into the atmosphere or to an aquifer2 and 7ii7 any corresponding mitigation actions or responses to limit harmful consequences of such a leak2 7,d7 evaluating the interactions of carbon dioxide with formation solids and fluids1 including the propensity of injections to induce seismic activity2 7,e7 assessing and ensuring the safety of operations relating to geologic sequestration of carbon dioxide2 7,f7 determining the fate of carbon dioxide concurrent with and following injection into geologic formations2 7,g7 supporting cost and business model assessments to examine the economic viability of technologies and systems developed under the program2 and 7,h7 providing information to the ,environmental ,protection ,agency1 ,states1 local governments1 ,tribal governments1 and other appropriate entities1 to ensure the protection of human health and the environment4 7#c7 ,geologic settings ,in carrying out research activities under this subsection1 the ,secretary shall consider a variety of candidate onshore and offshore geologic settings1 including-- 7,a7 operating oil and gas fields2 7,b7 depleted oil and gas fields2 7,c7 residual oil zones2 7,d7 unconventional reservoirs and rock types2 7,e7 unmineable coal seams2 7,f7 saline formations in both sedimentary and basaltic geologies2 7,g7 geologic systems that may be used as engineered reservoirs to extract economical quantities of brine from geothermal resources of low permeability or porosity2 and 7,h7 geologic systems containing in situ carbon dioxide mineralization formations4 7c7 ,large-scale carbon sequestration demonstration program 7#a7 ,in general ,the ,secretary shall establish a demonstration program under which the ,secretary shall provide funding for demonstration projects to collect and validate information on the cost and feasibility of commercial deployment of large-scale carbon sequestration technologies4 7#b7 ,existing regional carbon sequestration partnerships ,in carrying out paragraph 7#a71 the ,secretary may provide additional funding to regional carbon sequestration partnerships that are carrying out or have completed a large-scale carbon sequestration demonstration project under this section 7as in effect on the day before the date of enactment of the ,energy ,act of #bjbj7 for additional work on that project4 7#c7 ,demonstration components ,each demonstration project carried out under this subsection shall include longitudinal tests involving carbon dioxide injection and monitoring1 mitigation1 and verification operations4 7#d7 ,clearinghouse ,the ,national ,energy ,technology ,laboratory shall act as a clearinghouse of shared information and resources for-- 7,a7 existing or completed demonstration projects receiving additional funding under paragraph 7#b72 and 7,b7 any new demonstration projects funded under this subsection4 7#e7 ,report ,not later than #a year after the date of enactment of the ,energy ,act of #bjbj1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report that-- 7,a7 assesses the progress of all regional carbon sequestration partnerships carrying out a demonstration project under this subsection2 7,b7 identifies the remaining challenges in achieving large-scale carbon sequestration that is reliable and safe for the environment and public health2 and 7,c7 creates a roadmap for carbon storage research and development activities of the ,department through #bjbe1 with the goal of reducing economic and policy barriers to commercial carbon sequestration4 7d7 ,integrated storage 7#a7 ,in general ,the ,secretary may transition large-scale carbon sequestration demonstration projects under subsection 7c7 into integrated commercial storage complexes4 7#b7 ,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 7#a7 shall be-- 7,a7 to identify geologic storage sites that are able to accept large volumes of carbon dioxide acceptable for commercial contracts2 7,b7 to understand the technical and commercial viability of carbon dioxide geologic storage sites2 and 7,c7 to carry out any other activities necessary to transition the large-scale carbon sequestration demonstration projects under subsection 7c7 into integrated commercial storage complexes4 4 7b7 ,technical amendment ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #fjj2 #aba ,stat4 #agjh7 is amended by striking the item relating to section #ifc and inserting the following3 ,sec4 #ifc4 ,carbon storage validation and testing4 4 7c7 ,conforming amendments 7#a7 ,section #gjc7;a77#c7 of the ,department of ,energy ,carbon ,capture and ,sequestration ,research1 ,development1 and ,demonstration ,act of #bjjg 7#db ,u4,s4,c4 #agbea7;a77#c77 is amended1 in the first sentence of the matter preceding subparagraph 7,a71 by-- 7,a7 striking section #ifc7;c77#c7 and inserting section #ifc7;c72 and 7,b7 striking #afbic7;c77#c7 and inserting #afbic7;c74 7#b7 ,section #gjd of the ,department of ,energy ,carbon ,capture and ,sequestration ,research1 ,development1 and ,demonstration ,act of #bjjg 7#db ,u4,s4,c4 #agbeb7 is amended1 in the first sentence1 by-- 7,a7 striking section #ifc7;c77#c7 and inserting section #ifc7;c72 and 7,b7 striking #afbic7;c77#c7 and inserting #afbic7;c74 #djjd4 ,carbon utilization program 7a7 ,carbon utilization program 7#a7 ,in general ,subtitle ,f of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia et seq47 is amended by adding at the end the following3 #ifi;,a4 ,carbon utilization program 7a7 ,in general ,the ,secretary shall establish a program of research1 development1 and demonstration for carbon utilization-- 7#a7 to assess and monitor-- 7,a7 potential changes in lifecycle carbon dioxide and other greenhouse gas emissions2 and 7,b7 other environmental safety indicators of new technologies1 practices1 processes1 or methods used in enhanced hydrocarbon recovery as part of the activities authorized under section #ifc2 7#b7 to identify and assess novel uses for carbon1 including the conversion of carbon and carbon oxides for commercial and industrial products and other products with potential market value2 7#c7 to identify and assess carbon capture technologies for industrial systems2 and 7#d7 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 pollutants1 including products derived from carbon engineering1 carbon fiber1 and coal conversion methods4 7b7 ,demonstration programs for the purpose of commercialization 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,energy ,act of #bjbj1 as part of the program established under subsection 7a71 the ,secretary shall establish a #b-year demonstration program in each of the #b major coal-producing regions of the ,united ,states for the purpose of partnering with private institutions in coal mining regions to accelerate the commercial deployment of coal-carbon products4 7#b7 ,cost sharing ,activities under paragraph 7#a7 shall be subject to the cost-sharing requirements of section #ihh4 7c7 ,carbon utilization research center 7#a7 ,in general ,in carrying out the program under subsection 7a71 the ,secretary shall establish and operate a national ,carbon ,utilization ,research ,center 7referred to in this subsection as the ,center71 which shall focus on early stage research and development activities including-- 7,a7 post-combustion and pre-combustion capture of carbon dioxide2 7,b7 advanced compression technologies for new and existing fossil fuel-fired power plants2 7,c7 technologies to convert carbon dioxide to valuable products and commodities2 and 7,d7 advanced carbon dioxide storage technologies that consider a range of storage regimes4 7#b7 ,selection ,the ,secretary shall-- 7,a7 select the ,center under this subsection on a competitive1 merit-reviewed basis2 and 7,b7 consider applications from the ,national ,laboratories1 institutions of higher education1 multiinstitutional collaborations1 and other appropriate entities4 7#c7 ,existing centers ,in selecting the ,center under this subsection1 the ,secretary shall prioritize carbon utilization research centers in existence on the date of enactment of the ,energy ,act of #bjbj4 7#d7 ,duration ,the ,center established under this subsection shall receive support for a period of not more than #e years1 subject to the availability of appropriations4 7#e7 ,renewal ,on the expiration of any period of support of the ,center1 the ,secretary may renew support for the ,center1 on a merit-reviewed basis1 for a period of not more than #e years4 7#f7 ,termination ,consistent with the existing authorities of the ,department1 the ,secretary may terminate the ,center for cause during the performance period4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this section-- 7#a7 #ed1jjj1jjj for fiscal year #bjba2 7#b7 #ee1bej1jjj for fiscal year #bjbb2 7#c7 #ef1efb1ejj for fiscal year #bjbc2 7#d7 #eg1idj1fbe for fiscal year #bjbd2 and 7#e7 #ei1chg1fef for fiscal year #bjbe4 7e7 ,coordination ,the ,secretary shall coordinate the activities authorized in this section with the activities authorized in section #ifi as part of one consolidated program at the ,department4 ,nothing in section #ifi shall be construed as limiting the authorities provided in this section4 4 7#b7 ,technical amendment ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #fjj7 is amended by adding at the end of the items relating to subtitle ,f of title ,,ix the following3 ,sec4 #ifi;,a4 ,carbon utilization program4 4 7b7 ,study 7#a7 ,in general ,the ,secretary of ,energy 7in this section referred to as the ,secretary7 shall enter into an agreement with the ,national ,academies of ,sciences1 ,engineering1 and ,medicine under which the ,national ,academies of ,sciences1 ,engineering1 and ,medicine shall conduct a study to assess any barriers and opportunities relating to commercializing carbon1 coal-derived carbon1 and carbon dioxide in the ,united ,states4 7#b7 ,requirements ,the study under paragraph 7#a7 shall-- 7,a7 analyze challenges to commercializing carbon dioxide1 including-- 7i7 expanding carbon dioxide pipeline capacity2 7ii7 mitigating environmental impacts2 7iii7 access to capital2 7iv7 geographic barriers2 and 7v7 regional economic challenges and opportunities2 7,b7 identify potential markets1 industries1 or sectors that may benefit from greater access to commercial carbon dioxide2 7,c7 determine the feasibility of1 and opportunities for1 the commercialization of coal-derived carbon products1 including for-- 7i7 commercial purposes2 7ii7 industrial purposes2 7iii7 defense and military purposes2 7iv7 agricultural purposes1 including soil amendments and fertilizers2 7v7 medical and pharmaceutical applications2 7vi7 construction and building applications2 7vii7 energy applications2 and 7viii7 production of critical minerals2 7,d7 assess-- 7i7 the state of infrastructure as of the date of the study2 and 7ii7 any necessary updates to infrastructure to allow for the integration of safe and reliable carbon dioxide transportation1 use1 and storage2 7,e7 describe the economic1 climate1 and environmental impacts of any well-integrated national carbon dioxide pipeline system1 including suggestions for policies that could-- 7i7 improve the economic impact of the system2 and 7ii7 mitigate impacts of the system2 7,f7 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 carbon1 including carbon dioxide1 carbon monoxide1 methane1 and biogas1 from power generation1 biofuels production1 and other industrial processes2 7,g7 identify emerging technologies and approaches for carbon utilization that show promise for scale-up1 demonstration1 deployment1 and commercialization2 7,h7 analyze the factors associated with making carbon utilization technologies viable at a commercial scale1 including carbon waste stream availability1 economics1 market capacity1 energy1 and lifecycle requirements2 7,i7 7i7 assess the major technical challenges associated with increasing the commercial viability of carbon reuse technologies2 and 7ii7 identify the research and development questions that will address the challenges described in clause 7i72 7,j7 7i7 assess research efforts being carried out as of the date of the study1 including basic1 applied1 engineering1 and computational research efforts1 that are addressing the challenges described in subparagraph 7,i77i72 and 7ii7 identify gaps in the research efforts under clause 7i72 7,k7 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 gas2 and 7,l7 7i7 identify appropriate ,federal agencies with capabilities to support small business entities2 and 7ii7 determine what assistance the ,federal agencies identified under clause 7i7 could provide to small business entities to further the development and commercial deployment of carbon dioxide-based products4 7#c7 ,deadline ,not later than #ahj days after the date of enactment of this ,act1 the ,national ,academies of ,sciences1 ,engineering1 and ,medicine shall submit to the ,secretary a report describing the results of the study under paragraph 7#a74 #djje4 ,high efficiency turbines 7a7 ,in general ,subtitle ,f of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia et seq47 is further amended by adding at the end the following3 #ifi;,b4 ,high efficiency turbines 7a7 ,in general ,the ,secretary1 acting through the ,assistant ,secretary for ,fossil ,energy 7referred to in this section as the ,secretary71 shall establish a multiyear1 multiphase program 7referred to in this section as the program7 of research1 development1 and technology demonstration to improve the efficiency of gas turbines used in power generation systems and aviation4 7b7 ,program elements ,the program shall-- 7#a7 support first-of-a-kind engineering and detailed gas turbine design for small-scale and utility-scale electric power generation1 including-- 7,a7 high temperature materials1 including superalloys1 coatings1 and ceramics2 7,b7 improved heat transfer capability2 7,c7 manufacturing technology required to construct complex #c-;dimensional geometry parts with improved aerodynamic capability2 7,d7 combustion technology to produce higher firing temperature while lowering nitrogen oxide and carbon monoxide emissions per unit of output2 7,e7 advanced controls and systems integration2 7,f7 advanced high performance compressor technology2 and 7,g7 validation facilities for the testing of components and subsystems2 7#b7 include technology demonstration through component testing1 subscale testing1 and full-scale testing in existing fleets2 7#c7 include field demonstrations of the developed technology elements to demonstrate technical and economic feasibility2 7#d7 assess overall combined cycle and simple cycle system performance2 7#e7 increase fuel flexibility by enabling gas turbines to operate with high proportions of1 or pure1 hydrogen or other renewable gas fuels2 7#f7 enhance foundational knowledge needed for low-emission combustion systems that can work in high-pressure1 high-temperature environments required for high-efficiency cycles2 7#g7 increase operational flexibility by reducing turbine start-up times and improving the ability to accommodate flexible power demand2 and 7#h7 include any other elements necessary to achieve the goals described in subsection 7c71 as determined by the ,secretary1 in consultation with private industry4 7c7 ,program ,goals 7#a7 ,in general ,the goals of the program shall be-- 7,a7 in phase ,i1 to develop a conceptual design of1 and to develop and demonstrate the technology required for-- 7i7 advanced high efficiency gas turbines to achieve1 on a lower heating value basis-- 7,i7 a combined cycle efficiency of not less than #fe percent2 or 7,,ii7 a simple cycle efficiency of not less than #dg percent2 and 7ii7 aviation gas turbines to achieve a #be percent reduction in fuel burn by improving fuel efficiency to existing best-in-class turbo-fan engines2 and 7,b7 in phase ,,ii1 to develop a conceptual design of advanced high efficiency gas turbines that can achieve1 on a lower heating value basis-- 7i7 a combined cycle efficiency of not less than #fg percent2 or 7ii7 a simple cycle efficiency of not less than #ej percent4 7#b7 ,additional goals ,if a goal described in paragraph 7#a7 has been achieved1 the ,secretary1 in consultation with private industry and the ,national ,academy of ,sciences1 may develop additional goals or phases for advanced gas turbine research and development4 7d7 ,financial assistance 7#a7 ,in general ,the ,secretary may provide financial assistance1 including grants1 to carry out the program4 7#b7 ,proposals ,not later than #ahj days after the date of enactment of the ,energy ,act of #bjbj1 the ,secretary shall solicit proposals from industry1 small businesses1 universities1 and other appropriate parties for conducting activities under this section4 7#c7 ,considerations ,in selecting proposed projects to receive financial assistance under this subsection1 the ,secretary shall give special consideration to the extent to which the proposed project will-- 7,a7 stimulate the creation or increased retention of jobs in the ,united ,states2 and 7,b7 promote and enhance technology leadership in the ,united ,states4 7#d7 ,competitive awards ,the ,secretary shall provide financial assistance under this subsection on a competitive basis1 with an emphasis on technical merit4 7#e7 ,cost sharing ,financial assistance provided under this subsection shall be subject to the cost sharing requirements of section #ihh4 7e7 ,authorization of ,appropriations ,there is authorized to be appropriated to carry out this section #ej1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 7b7 ,technical amendment ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #fjj7 is further amended by adding at the end of the items relating to subtitle ,f of title ,,ix the following3 ,sec4 #ifi;,b4 ,high efficiency gas turbines4 4 #djjf4 ,national energy technology laboratory reforms 7a7 ,in general ,subtitle ,f of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia et seq47 is further amended by adding at the end the following3 #ifi;,c4 ,national energy technology laboratory reforms 7a7 ,special hiring authority for scientific1 engineering1 and project management personnel 7#a7 ,in general ,the ,director of the ,national ,energy ,technology ,laboratory 7referred to in this section as the ,director7 may-- 7,a7 make appointments to positions in the ,national ,energy ,technology ,laboratory to assist in meeting a specific project or research need1 without regard to civil service laws1 of individuals who-- 7i7 have an advanced scientific or engineering background2 or 7ii7 have a business background and can assist in specific technology-to-market needs2 7,b7 fix the basic pay of any employee appointed under subparagraph 7,a7 at a rate not to exceed level ,,ii of the ,executive ,schedule under section #ecac of title #e1 ,united ,states ,code2 and 7,c7 pay any employee appointed under subparagraph 7,a7 payments in addition to the basic pay fixed under subparagraph 7,b71 subject to the condition that the total amount of additional payments paid to an employee under this subparagraph for any #ab-month period shall not exceed the least of-- 7i7 #be1jjj2 7ii7 the amount equal to #be percent of the annual rate of basic pay of that employee2 and 7iii7 the amount of the limitation that is applicable for a calendar year under section #ecjg7;a77#a7 of title #e1 ,united ,states ,code4 7#b7 ,limitations 7,a7 ,in general ,the term of any employee appointed under paragraph 7#a77;,a7 shall not exceed #c years4 7,b7 ,full-time employees ,not more than #aj full-time employees appointed under paragraph 7#a77;,a7 may be employed at the ,national ,energy ,technology ,laboratory at any given time4 7b7 ,laboratory-directed research and development 7#a7 ,in general ,beginning in fiscal year #bjba1 the ,national ,energy ,technology ,laboratory shall be eligible for laboratory-directed research and development funding4 7#b7 ,authorization of funding 7,a7 ,in general ,each fiscal year1 of funds made available to the ,national ,energy ,technology ,laboratory1 the ,secretary may deposit an amount1 not to exceed the rate made available to the ,national ,laboratories for laboratory-directed research and development1 in a special fund account4 7,b7 ,use ,amounts in the account under subparagraph 7,a7 shall only be available for laboratory-directed research and development4 7,c7 ,requirements ,the account under subparagraph 7,a7-- 7i7 shall be administered by the ,secretary2 7ii7 shall be available without fiscal year limitation2 and 7iii7 shall not be subject to appropriation4 7#c7 ,requirement ,the ,director shall carry out laboratory-directed research and development activities at the ,national ,energy ,technology ,laboratory consistent with ,department of ,energy ,order #dac4b;,c1 dated ,august #b1 #bjah 7or a successor order74 7#d7 ,annual report on use of authority ,annually1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report on the use of the authority provided under this subsection during the preceding fiscal year4 7c7 ,laboratory operations ,the ,secretary shall delegate human resources operations of the ,national ,energy ,technology ,laboratory to the ,director to assist in carrying out this section4 7d7 ,review ,not later than #b years after the date of enactment of the ,energy ,act of #bjbj1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report assessing the management and research activities of the ,national ,energy ,technology ,laboratory1 which shall include-- 7#a7 an assessment of the quality of science and research at the ,national ,energy ,technology ,laboratory1 relative to similar work at other ,national ,laboratories2 7#b7 a review of the effectiveness of authorities provided in subsections 7a7 and 7b72 and 7#c7 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 ,laboratory4 4 7b7 ,technical amendment ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #fjj7 is further amended by adding at the end of the items relating to subtitle ,f of title ,,ix the following3 ,sec4 #ifi;,c4 ,national energy technology laboratory reforms4 4 #djjg4 ,study on ,blue ,hydrogen ,technology 7a7 ,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 storage4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report that describes the results of the study under subsection 7a74 #djjh4 ,produced water research and development 7a7 ,establishment ,as soon as possible after the date of enactment of this ,act1 the ,secretary of ,energy 7in this section referred to as the ,secretary7 shall establish a research and development program on produced water to develop-- 7#a7 new technologies and practices to reduce the environmental impact2 and 7#b7 opportunities for reprocessing of produced water at natural gas or oil development sites4 7b7 ,prioritization ,in carrying out the program established under subsection 7a71 the ,secretary shall give priority to projects that develop and bring to market-- 7#a7 effective systems for on-site management or repurposing of produced water2 and 7#b7 new technologies or approaches to reduce the environmental impact of produced water on local water sources and the environment4 7c7 ,conduct of program ,in carrying out the program established under subsection 7a71 the ,secretary shall carry out science-based research and development activities to pursue-- 7#a7 improved efficiency1 technologies1 and techniques for produced water recycling stations2 and 7#b7 alternative approaches to treating1 reusing1 storing1 or decontaminating produced water4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjba through #bjbe4 ,v ,carbon ,removal #ejja4 ,carbon removal 7a7 ,in general ,subtitle ,f of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia et seq47 is further amended by adding at the end the following3 #ifi;,d4 ,carbon removal 7a7 ,establishment ,the ,secretary1 in coordination with the heads of appropriate ,federal agencies1 including the ,secretary of ,agriculture1 shall establish a research1 development1 and demonstration program 7referred to in this section as the program7 to test1 validate1 or improve technologies and strategies to remove carbon dioxide from the atmosphere on a large scale4 7b7 ,intraagency coordination ,the ,secretary shall ensure that the program includes the coordinated participation of the ,office of ,fossil ,energy1 the ,office of ,science1 and the ,office of ,energy ,efficiency and ,renewable ,energy4 7c7 ,program activities ,the program may include research1 development1 and demonstration activities relating to-- 7#a7 direct air capture and storage technologies2 7#b7 bioenergy with carbon capture and sequestration2 7#c7 enhanced geological weathering2 7#d7 agricultural practices2 7#e7 forest management and afforestation2 and 7#f7 planned or managed carbon sinks1 including natural and artificial4 7d7 ,requirements ,in developing and identifying carbon removal technologies and strategies under the program1 the ,secretary shall consider-- 7#a7 land use changes1 including impacts on natural and managed ecosystems2 7#b7 ocean acidification2 7#c7 net greenhouse gas emissions2 7#d7 commercial viability2 7#e7 potential for near-term impact2 7#f7 potential for carbon reductions on a gigaton scale2 and 7#g7 economic cobenefits4 7e7 ,air ,capture ,prize ,competitions 7#a7 ,definitions ,in this subsection3 7,a7 ,dilute media ,the term dilute media means media in which the concentration of carbon dioxide is less than #a percent by volume4 7,b7 ,prize competition ,the term prize competition means the competitive technology prize competition established under paragraph 7#b74 7,c7 ,qualified carbon dioxide 7i7 ,in general ,the term qualified carbon dioxide means any carbon dioxide that-- 7,i7 is captured directly from the ambient air2 and 7,,ii7 is measured at the source of capture and verified at the point of disposal1 injection1 or utilization4 7ii7 ,inclusion ,the term qualified carbon dioxide includes the initial deposit of captured carbon dioxide used as a tertiary injectant4 7iii7 ,exclusion ,the term qualified carbon dioxide does not include carbon dioxide that is recaptured1 recycled1 and reinjected as part of the enhanced oil and natural gas recovery process4 7,d7 ,qualified direct air capture facility 7i7 ,in general ,the term qualified direct air capture facility means any facility that-- 7,i7 uses carbon capture equipment to capture carbon dioxide directly from the ambient air2 and 7,,ii7 captures more than #ej1jjj metric tons of qualified carbon dioxide annually4 7ii7 ,exclusion ,the term qualified direct air capture facility does not include any facility that captures carbon dioxide-- 7,i7 that is deliberately released from naturally occurring subsurface springs2 or 7,,ii7 using natural photosynthesis4 7#b7 ,establishment ,not later than #b years after the date of enactment of the ,energy ,act of #bjbj1 the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 shall establish as part of the program a competitive technology prize competition to award prizes for-- 7,a7 precommercial carbon dioxide capture from dilute media2 and 7,b7 commercial applications of direct air capture technologies4 7#c7 ,requirements ,in carrying out this subsection1 the ,secretary1 in accordance with section #bd of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai71 shall develop requirements for-- 7,a7 the prize competition process2 and 7,b7 monitoring and verification procedures for projects selected to receive a prize under the prize competition4 7#d7 ,eligible projects 7,a7 ,precommercial air capture projects ,with respect to projects described in paragraph 7#b77;,a71 to be eligible to be awarded a prize under the prize competition1 a project shall-- 7i7 meet minimum performance standards set by the ,secretary2 7ii7 meet minimum levels set by the ,secretary for the capture of carbon dioxide from dilute media2 and 7iii7 demonstrate in the application of the project for a prize-- 7,i7 a design for a promising carbon capture technology that will-- 7aa7 be operated on a demonstration scale2 and 7bb7 have the potential to achieve significant reduction in the level of carbon dioxide in the atmosphere2 7,,ii7 a successful bench-scale demonstration of a carbon capture technology2 or 7,,iii7 an operational carbon capture technology on a commercial scale4 7,b7 ,commercial direct air capture projects 7i7 ,in general ,with respect to projects described in paragraph 7#b77;,b71 the ,secretary shall award prizes under the prize competition to qualified direct air capture facilities for metric tons of qualified carbon dioxide captured and verified at the point of disposal1 injection1 or utilization4 7ii7 ,amount of award ,the amount of the award per metric ton under clause 7i7-- 7,i7 shall be equal for each qualified direct air capture facility selected for a prize under the prize competition2 and 7,,ii7 shall be determined by the ,secretary and in any case shall not exceed-- 7aa7 #ahj for qualified carbon dioxide captured and stored in saline storage formations2 7bb7 a lesser amount1 as determined by the ,secretary1 for qualified carbon dioxide captured and stored in conjunction with enhanced oil recovery operations2 or 7cc7 a lesser amount1 as determined by the ,secretary1 for qualified carbon dioxide captured and utilized in any activity consistent with section #de,q7f77#e7 of the ,internal ,revenue ,code of #aihf4 7iii7 ,requirement ,the ,secretary shall make awards under this subparagraph until appropriated funds are expended4 7f7 ,direct air capture test center 7#a7 ,in general ,not later than #b years after the date of enactment of the ,energy ,act of #bjbj1 the ,secretary shall award grants to #a or more entities for the operation of #a or more test centers 7referred to in this subsection as a ,center7 to provide distinct testing capabilities for innovative direct air capture and storage technologies4 7#b7 ,purpose ,each ,center shall-- 7,a7 advance research1 development1 demonstration1 and commercial application of direct air capture and storage technologies2 7,b7 support large-scale pilot and demonstration projects and test direct air capture and storage technologies2 and 7,c7 develop front-end engineering design and economic analysis4 7#c7 ,selection 7,a7 ,in general ,the ,secretary shall select entities to receive grants under this subsection according to such criteria as the ,secretary may develop4 7,b7 ,competitive basis ,the ,secretary shall select entities to receive grants under this subsection on a competitive basis4 7,c7 ,priority criteria ,in selecting entities to receive grants under this subsection1 the ,secretary shall prioritize consideration of applicants that-- 7i7 have access to existing or planned research facilities for direct air capture and storage technologies2 7ii7 are institutions of higher education with established expertise in engineering for direct air capture and storage technologies1 or partnerships with such institutions of higher education2 or 7iii7 have access to existing research and test facilities for bulk materials design and testing1 component design and testing1 or professional engineering design4 7#d7 ,formula for awarding grants ,the ,secretary may develop a formula for awarding grants under this subsection4 7#e7 ,schedule 7,a7 ,in general ,each grant awarded under this subsection shall be for a term of not more than #e years1 subject to the availability of appropriations4 7,b7 ,renewal ,the ,secretary may renew a grant for #a or more additional #e-year terms1 subject to a competitive merit review and the availability of appropriations4 7#f7 ,termination ,to the extent otherwise authorized by law1 the ,secretary may eliminate1 and terminate grant funding under this subsection for1 a ,center during any #e-year term described in paragraph 7#e7 if the ,secretary determines that the ,center is underperforming4 7g7 ,pilot and demonstration projects ,in supporting the technology development activities under this section1 the ,secretary is encouraged to support carbon removal pilot and demonstration projects1 including-- 7#a7 pilot projects that test direct air capture systems capable of capturing #aj to #ajj tonnes of carbon oxides per year to provide data for demonstration-scale projects2 and 7#b7 direct air capture demonstration projects capable of capturing greater than #a1jjj tonnes of carbon oxides per year4 7h7 ,intraagency collaboration ,in carrying out the program1 the ,secretary shall encourage and promote collaborations among relevant offices and agencies within the ,department4 7i7 ,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 technologies4 7j7 ,authorization of ,appropriations ,there are authorized to be appropriated to the ,secretary to carry out this section-- 7#a7 #age1jjj1jjj for fiscal year #bjba1 of which-- 7,a7 #ae1jjj1jjj shall be used to carry out subsection 7e77#b77;,a71 to remain available until expended2 and 7,b7 #ajj1jjj1jjj shall be used to carry out subsection 7e77#b77;,b71 to remain available until expended2 7#b7 #fc1ejj1jjj for fiscal year #bjbb2 7#c7 #ff1aej1jjj for fiscal year #bjbc2 7#d7 #fi1deh1jjj for fiscal year #bjbd2 and 7#e7 #gb1icj1jjj for fiscal year #bjbe4 4 7b7 ,technical amendment ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #fjj7 is further amended by adding at the end of the items relating to subtitle ,f of title ,,ix the following3 ,sec4 #ifi;,d4 ,carbon removal4 4 #ejjb4 ,carbon dioxide removal task force and report 7a7 ,definition of carbon dioxide removal ,in this section1 the term carbon dioxide removal means the capture of carbon dioxide directly from ambient air or1 in dissolved form1 from seawater1 combined with the sequestration of that carbon dioxide1 including through-- 7#a7 direct air capture and sequestration2 7#b7 enhanced carbon mineralization2 7#c7 bioenergy with carbon capture and sequestration2 7#d7 forest restoration2 7#e7 soil carbon management2 and 7#f7 direct ocean capture4 7b7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy 7in this section referred to as the ,secretary71 in consultation with the heads of any other relevant ,federal agencies1 shall prepare a report that-- 7#a7 estimates the magnitude of excess carbon dioxide in the atmosphere that will need to be removed by #bjej to achieve net-zero emissions and stabilize the climate2 7#b7 inventories current and emerging approaches of carbon dioxide removal and evaluates the advantages and disadvantages of each of the approaches2 and 7#c7 identifies recommendations for legislation1 funding1 rules1 revisions to rules1 financing mechanisms1 or other policy tools that the ,federal ,government can use to sufficiently advance the deployment of carbon dioxide removal projects in order to meet1 in the aggregate1 the magnitude of needed removals estimated under paragraph 7#a71 including policy tools1 such as-- 7,a7 grants2 7,b7 loans or loan guarantees2 7,c7 public-private partnerships2 7,d7 direct procurement2 7,e7 incentives1 including subsidized ,federal financing mechanisms available to project developers2 7,f7 advance market commitments2 7,g7 regulations2 and 7,h7 any other policy mechanism determined by the ,secretary to be beneficial for advancing carbon dioxide removal methods and the deployment of carbon dioxide removal projects4 7c7 ,submission2 publication ,the ,secretary shall-- 7#a7 submit the report prepared under subsection 7b7 to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committees on ,energy and ,commerce and ,science1 ,space1 and ,technology of the ,house of ,representatives2 and 7#b7 as soon as practicable after completion of the report1 make the report publicly available4 7d7 ,evaluation2 revision 7#a7 ,in general ,not later than #b years after the date on which the ,secretary publishes the report under subsection 7c77#b71 and every #b years thereafter1 the ,secretary shall evaluate the findings and recommendations of the report1 or the most recent updated report submitted under paragraph 7#b77;,b71 as applicable1 taking into consideration any issues and recommendations identified by the task force established under subsection 7e77#a74 7#b7 ,revision ,after completing each evaluation under paragraph 7#a71 the ,secretary shall-- 7,a7 revise the report as necessary2 and 7,b7 if the ,secretary revises the report under subparagraph 7,a71 submit and publish the updated report in accordance with subsection 7c74 7e7 ,task force 7#a7 ,establishment and duties ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall establish a task force-- 7,a7 to identify barriers to advancement of carbon dioxide removal methods and the deployment of carbon dioxide removal projects2 7,b7 to inventory existing or potential ,federal legislation1 rules1 revisions to rules1 financing mechanisms1 or other policy tools that are capable of advancing carbon dioxide removal methods and the deployment of carbon dioxide removal projects2 7,c7 to assist in preparing the report described in subsection 7b7 and any updates to the report under subsection 7d72 and 7,d7 to advise the ,secretary on matters pertaining to carbon dioxide removal4 7#b7 ,members and selection ,the ,secretary shall-- 7,a7 develop criteria for the selection of members to the task force established under paragraph 7#a72 and 7,b7 select members for the task force in accordance with the criteria developed under subparagraph 7,a74 7#c7 ,meetings ,the task force shall meet not less frequently than once each year4 7#d7 ,evaluation ,not later than #g years after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 reevaluate the need for the task force established under paragraph 7#a72 and 7,b7 submit to ,congress a recommendation as to whether the task force should continue4 ,,vi ,industrial and ,manufacturing ,technologies #fjja4 ,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-- 7#a7 the technological and economic competitiveness of industry and manufacturing in the ,united ,states2 and 7#b7 the emissions reduction of nonpower industrial sectors4 #fjjb4 ,coordination of research and development of energy efficient technologies for industry ,section #f7;a7 of the ,american ,energy ,manufacturing ,technical ,corrections ,act 7#db ,u4,s4,c4 #fcea7;a77 is amended-- 7#a7 by striking ,industrial ,technologies ,program each place it appears and inserting ,advanced ,manufacturing ,office2 and 7#b7 in the matter preceding paragraph 7#a71 by striking ,office of ,energy and all that follows through ,office of ,science and inserting ,department of ,energy4 #fjjc4 ,industrial emissions reduction technology development program 7a7 ,in general ,subtitle ,d of title ,,iv of the ,energy ,independence and ,security ,act of #bjjg is amended by adding at the end the following3 #ded4 ,industrial emissions reduction technology development program 7a7 ,definitions ,in this section3 7#a7 ,director ,the term ,director means the ,director of the ,office of ,science and ,technology ,policy4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a scientist or other individual with knowledge and expertise in emissions reduction2 7,b7 an institution of higher education2 7,c7 a nongovernmental organization2 7,d7 a ,national ,laboratory2 7,e7 a private entity2 and 7,f7 a partnership or consortium of #b or more entities described in subparagraphs 7,b7 through 7,e74 7#c7 ,emissions reduction 7,a7 ,in general ,the term emissions reduction means the reduction1 to the maximum extent practicable1 of net nonwater greenhouse gas emissions to the atmosphere by energy services and industrial processes4 7,b7 ,exclusion ,the term emissions reduction does not include the elimination of carbon embodied in the principal products of industrial manufacturing4 7#d7 ,program ,the term program means the program established under subsection 7b77#a74 7#e7 ,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 disruption1 such that a shortage of such a material or mineral would have significant consequences for ,united ,states economic or national security4 7b7 ,industrial emissions reduction technology development program 7#a7 ,in general ,not later than #a year after the date of enactment of the ,energy ,act of #bjbj1 the ,secretary1 in consultation with the ,director1 the heads of relevant ,federal agencies1 ,national ,laboratories1 industry1 and institutions of higher education1 shall establish a crosscutting industrial emissions reduction technology development program of research1 development1 demonstration1 and commercial application to advance innovative technologies that-- 7,a7 increase the technological and economic competitiveness of industry and manufacturing in the ,united ,states2 7,b7 increase the viability and competitiveness of ,united ,states industrial technology exports2 and 7,c7 achieve emissions reduction in nonpower industrial sectors4 7#b7 ,coordination ,in carrying out the program1 the ,secretary shall-- 7,a7 coordinate with each relevant office in the ,department and any other ,federal agency2 7,b7 coordinate and collaborate with the ,industrial ,technology ,innovation ,advisory ,committee established under section #def2 and 7,c7 coordinate and seek to avoid duplication with the energy-intensive industries program established under section #deb4 7#c7 ,leverage of existing resources ,in carrying out the program1 the ,secretary shall leverage1 to the maximum extent practicable-- 7,a7 existing resources and programs of the ,department and other relevant ,federal agencies2 and 7,b7 public-private partnerships4 7c7 ,focus areas ,the program shall focus on-- 7#a7 industrial production processes1 including technologies and processes that-- 7,a7 achieve emissions reduction in high emissions industrial materials production processes1 including production processes for iron1 steel1 steel mill products1 aluminum1 cement1 concrete1 glass1 pulp1 paper1 and industrial ceramics2 7,b7 achieve emissions reduction in medium- and high-temperature heat generation1 including-- 7i7 through electrification of heating processes2 7ii7 through renewable heat generation technology2 7iii7 through combined heat and power2 and 7iv7 by switching to alternative fuels1 including hydrogen and nuclear energy2 7,c7 achieve emissions reduction in chemical production processes1 including by incorporating1 if appropriate and practicable1 principles1 practices1 and methodologies of sustainable chemistry and engineering2 7,d7 leverage smart manufacturing technologies and principles1 digital manufacturing technologies1 and advanced data analytics to develop advanced technologies and practices in information1 automation1 monitoring1 computation1 sensing1 modeling1 and networking to-- 7i7 model and simulate manufacturing production lines2 7ii7 monitor and communicate production line status2 7iii7 manage and optimize energy productivity and cost throughout production2 and 7iv7 model1 simulate1 and optimize the energy efficiency of manufacturing processes2 7,e7 leverage the principles of sustainable manufacturing to minimize the potential negative environmental impacts of manufacturing while conserving energy and resources1 including-- 7i7 by designing products that enable reuse1 refurbishment1 remanufacturing1 and recycling2 7ii7 by minimizing waste from industrial processes1 including through the reuse of waste as other resources in other industrial processes for mutual benefit2 and 7iii7 by increasing resource efficiency2 and 7,f7 increase the energy efficiency of industrial processes2 7#b7 alternative materials that produce fewer emissions during production and result in fewer emissions during use1 including-- 7,a7 high-performance lightweight materials2 and 7,b7 substitutions for critical materials and minerals2 7#c7 development of net-zero emissions liquid and gaseous fuels2 7#d7 emissions reduction in shipping1 aviation1 and long distance transportation2 7#e7 carbon capture technologies for industrial processes2 7#f7 other technologies that achieve net-zero emissions in nonpower industrial sectors1 as determined by the ,secretary1 in consultation with the ,director2 and 7#g7 high-performance computing to develop advanced materials and manufacturing processes contributing to the focus areas described in paragraphs 7#a7 through 7#f71 including-- 7,a7 modeling1 simulation1 and optimization of the design of energy efficient and sustainable products2 and 7,b7 the use of digital prototyping and additive manufacturing to enhance product design4 7#h7 incorporation of sustainable chemistry and engineering principles1 practices1 and methodologies1 as the ,secretary determines appropriate2 and 7#i7 other research or technology areas identified in the ,strategic ,plan authorized in section #dee4 7d7 ,grants1 contracts1 cooperative agreements1 and demonstration projects 7#a7 ,grants ,in carrying out the program1 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 program4 7#b7 ,contracts and cooperative agreements ,in carrying out the program1 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 program4 7#c7 ,demonstration projects ,in supporting technologies developed under this section1 the ,secretary shall fund demonstration projects that test and validate technologies described in subsection 7c74 7#d7 ,application ,an entity seeking funding or a contract or agreement under this subsection shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#e7 ,cost sharing ,in awarding funds under this section1 the ,secretary shall require cost sharing in accordance with section #ihh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb74 7e7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out the demonstration projects authorized in subsection 7d77#c7-- 7#a7 #bj1jjj1jjj for fiscal year #bjba2 7#b7 #hj1jjj1jjj for fiscal year #bjbb2 7#c7 #ajj1jjj1jjj for fiscal year #bjbc2 7#d7 #aej1jjj1jjj for fiscal year #bjbd2 and 7#e7 #aej1jjj1jjj for fiscal year #bjbe4 7f7 ,coordination ,the ,secretary shall carry out the activities authorized in this section in accordance with section #bjc of the ,department of ,energy ,research and ,innovation ,act 7#db ,u4,s4,c4 #ahfca74 4 7b7 ,technical amendment ,the table of contents of the ,energy ,independence and ,security ,act of #bjjg 7,public ,law #aaj-adj2 #aba ,stat4 #adid7 is amended by inserting after the item relating to section #dec the following3 ,sec4 #ded4 ,industrial emissions reduction technology development program4 4 #fjjd4 ,industrial ,technology ,innovation ,advisory ,committee 7a7 ,in general ,subtitle ,d of title ,,iv of the ,energy ,independence and ,security ,act of #bjjg1 as amended by section #fjjc1 is amended by adding at the end the following3 #dee4 ,industrial ,technology ,innovation ,advisory ,committee 7a7 ,definitions ,in this section3 7#a7 ,committee ,the term ,committee means the ,industrial ,technology ,innovation ,advisory ,committee established under subsection 7b74 7#b7 ,director ,the term ,director means the ,director of the ,office of ,science and ,technology ,policy4 7#c7 ,emissions reduction ,the term emissions reduction has the meaning given the term in section #ded7;a74 7#d7 ,program ,the term program means the industrial emissions reduction technology development program established under section #ded7;b77#a74 7b7 ,establishment ,not later than #ahj days after the date of enactment of the ,energy ,act of #bjbj1 the ,secretary1 in consultation with the ,director1 shall establish an advisory committee1 to be known as the ,industrial ,technology ,innovation ,advisory ,committee4 7c7 ,membership 7#a7 ,appointment ,the ,committee shall be comprised of not fewer than #af members and not more than #bj members1 who shall be appointed by the ,secretary1 in consultation with the ,director4 7#b7 ,representation ,members appointed pursuant to paragraph 7#a7 shall include-- 7,a7 not less than #a representative of each relevant ,federal agency1 as determined by the ,secretary2 7,b7 the ,chair of the ,secretary of ,energy ,advisory ,board1 if that position is filled2 7,c7 not less than #b representatives of labor groups2 7,d7 not less than #c representatives of the research community1 which shall include academia and ,national ,laboratories2 7,e7 not less than #b representatives of nongovernmental organizations2 7,f7 not less than #f representatives of small- and large-scale industry1 the collective expertise of which shall cover every focus area described in section #ded7;c72 and 7,f7 not less than #a representative of a ,state government2 and 7,g7 any other individuals the ,secretary1 in coordination with the ,director1 determines to be necessary to ensure that the ,committee is comprised of a diverse group of representatives of industry1 academia1 independent researchers1 and public and private entities4 7#c7 ,chair ,the ,secretary shall designate a member of the ,committee to serve as ,chair4 7d7 ,duties 7#a7 ,in general ,the ,committee shall-- 7,a7 in consultation with the ,secretary and the ,director1 propose missions and goals for the program1 which shall be consistent with the purposes of the program described in section #ded7;b77#a72 and 7,b7 advise the ,secretary with respect to the program-- 7i7 by identifying and evaluating any technologies being developed by the private sector relating to the focus areas described in section #ded7;c72 7ii7 by identifying technology gaps in the private sector or other ,federal agencies in those focus areas1 and making recommendations to address those gaps2 7iii7 by surveying and analyzing factors that prevent the adoption of emissions reduction technologies by the private sector2 and 7iv7 by recommending technology screening criteria for technology developed under the program to encourage adoption of the technology by the private sector2 and 7,c7 develop the strategic plan described in paragraph 7#b74 7#b7 ,strategic plan 7,a7 ,purpose ,the purpose of the strategic plan developed under paragraph 7#a77;,c7 is to set forth a plan for achieving the goals of the program established in section #ded7;b77#a71 including for the focus areas described in section #ded7;c74 7,b7 ,contents ,the strategic plan developed under paragraph 7#a77;,c7 shall-- 7i7 specify near-term and long-term qualitative and quantitative objectives relating to each focus area described in section #ded7;c71 including research1 development1 demonstration1 and commercial application objectives2 7ii7 leverage existing roadmaps relevant to the program in section #ded7;b77#a7 and the focus areas in section #ded7;c72 7iii7 specify the anticipated timeframe for achieving the objectives specified under clause 7i72 7iv7 include plans for developing emissions reduction technologies that are globally cost-competitive1 including1 as applicable1 in developing economies2 7v7 identify the appropriate role for investment by the ,federal ,government1 in coordination with the private sector1 to achieve the objectives specified under clause 7i72 7vi7 identify the public and private costs of achieving the objectives specified under clause 7i72 and 7vii7 estimate the economic and employment impact in the ,united ,states of achieving those objectives4 7e7 ,meetings 7#a7 ,frequency ,the ,committee shall meet not less frequently than #b times per year1 at the call of the ,chair4 7#b7 ,initial meeting ,not later than #cj days after the date on which the members are appointed under subsection 7b71 the ,committee shall hold its first meeting4 7f7 ,committee report 7#a7 ,in general ,not later than #b years after the date of enactment of the ,energy ,act of #bjbj1 and not less frequently than once every #c years thereafter1 the ,committee shall submit to the ,secretary a report on the progress of achieving the purposes of the program4 7#b7 ,contents ,the report under paragraph 7#a7 shall include-- 7,a7 a description of any technology innovation opportunities identified by the ,committee2 7,b7 a description of any technology gaps identified by the ,committee under subsection 7d77#a77;,b77ii72 7,c7 recommendations for improving technology screening criteria and management of the program2 7,d7 an evaluation of the progress of the program and the research1 development1 and demonstration activities funded under the program2 7,e7 any recommended changes to the focus areas of the program described in section #ded7;c72 7,f7 a description of the manner in which the ,committee has carried out the duties described in subsection 7d77#a7 and any relevant findings as a result of carrying out those duties2 7,g7 if necessary1 an update to the strategic plan developed by the ,committee under subsection 7d77#a77;,c72 7,h7 the progress made in achieving the goals set out in that strategic plan2 7,i7 a review of the management1 coordination1 and industry utility of the program2 7,j7 an assessment of the extent to which progress has been made under the program in developing commercial1 cost-competitive technologies in each focus area described in section #ded7;c72 and 7,k7 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 program4 7g7 ,report to congress ,not later than #fj days after receiving a report from the ,committee under subsection 7f71 the ,secretary shall submit a copy of that report to the ,committees on ,appropriations and ,science1 ,space1 and ,technology of the ,house of ,representatives1 the ,committees on ,appropriations and ,energy and ,natural ,resources of the ,senate1 and any other relevant ,committee of ,congress4 7h7 ,applicability of federal advisory committee act ,except as otherwise provided in this section1 the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 4 7b7 ,technical amendment ,the table of contents of the ,energy ,independence and ,security ,act of #bjjg 7,public ,law #aaj-adj2 #aba ,stat4 #adid7 7as amended by section #fjjc7;b77 is amended by inserting after the item relating to section #ded the following3 ,sec4 #dee4 ,industrial ,technology ,innovation ,advisory ,committee4 4 #fjje4 ,technical assistance program to implement industrial emissions reduction 7a7 ,in general ,subtitle ,d of title ,,iv of the ,energy ,independence and ,security ,act of #bjjg1 as amended by section #fjjd1 is amended by adding at the end the following3 #def4 ,technical assistance program to implement industrial emissions reduction 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 a territory or possession of the ,united ,states2 7,d7 a relevant ,state or local office1 including an energy office2 7,e7 a tribal organization 7as defined in section #cgfe of title #ch1 ,united ,states ,code72 7,f7 an institution of higher education2 and 7,g7 a private entity2 and 7,h7 a trade association or technical society4 7#b7 ,emissions reduction ,the term emissions reduction has the meaning given the term in section #ded7;a74 7#c7 ,program ,the term program means the program established under subsection 7b74 7b7 ,establishment ,not later than #a year after the date of enactment of the ,energy ,act of #bjbj1 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 #ded7;b74 7c7 ,applications 7#a7 ,in general ,an eligible entity desiring technical assistance under the program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,application process ,the ,secretary shall seek applications for technical assistance under the program on a periodic basis1 but not less frequently than once every #ab months4 7#c7 ,factors for consideration ,in selecting eligible entities for technical assistance under the program1 the ,secretary shall1 to the maximum extent practicable-- 7,a7 give priority to-- 7i7 activities carried out with technical assistance under the program that have the greatest potential for achieving emissions reduction in nonpower industrial sectors2 7ii7 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 #ded7;c72 and 7iii7 activities carried out in an economically distressed area 7as described in section #cja7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa7;a7772 and 7,b7 ensure that-- 7i7 there is geographic diversity among the eligible entities selected2 and 7ii7 the activities carried out with technical assistance under the program reflect a majority of the focus areas described in section #ded7;c74 4 7b7 ,technical amendment ,the table of contents of the ,energy ,independence and ,security ,act of #bjjg 7,public ,law #aaj-adj2 #aba ,stat4 #adid7 7as amended by section #fjjd7;b77 is amended by inserting after the item relating to section #dee the following3 ,sec4 #def4 ,technical assistance program to implement industrial emissions reduction4 4 #fjjf4 ,development of national smart manufacturing plan 7a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary of ,energy 7in this section referred to as the ,secretary71 in consultation with the ,national ,academies1 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 ,states4 7b7 ,content 7#a7 ,in general ,the plan developed under subsection 7a7 shall identify areas in which agency actions by the ,secretary and other heads of relevant ,federal agencies would-- 7,a7 facilitate quicker development1 deployment1 and adoption of smart manufacturing technologies and processes2 7,b7 result in greater energy efficiency and lower environmental impacts for all ,american manufacturers2 and 7,c7 enhance competitiveness and strengthen the manufacturing sectors of the ,united ,states4 7#b7 ,inclusions ,agency actions identified under paragraph 7#a7 shall include-- 7,a7 an assessment of previous and current actions of the ,department relating to smart manufacturing2 7,b7 the establishment of voluntary interconnection protocols and performance standards2 7,c7 the use of smart manufacturing to improve energy efficiency and reduce emissions in supply chains across multiple companies2 7,d7 actions to increase cybersecurity in smart manufacturing infrastructure2 7,e7 deployment of existing research results2 7,f7 the leveraging of existing high-performance computing infrastructure2 and 7,g7 consideration of the impact of smart manufacturing on existing manufacturing jobs and future manufacturing jobs4 7c7 ,biennial revisions ,not later than #b years after the date on which the ,secretary completes the plan under subsection 7a71 and not less frequently than once every #b years thereafter1 the ,secretary shall revise the plan to account for advancements in information and communication technology and manufacturing needs4 7d7 ,report ,annually until the completion of the plan under subsection 7a71 the ,secretary shall submit to ,congress a report on the progress made in developing the plan4 7e7 ,definition ,in this section1 the term smart manufacturing means advanced technologies in information1 automation1 monitoring1 computation1 sensing1 modeling1 artificial intelligence1 analytics1 and networking that-- 7#a7 digitally-- 7,a7 simulate manufacturing production lines2 7,b7 operate computer-controlled manufacturing equipment2 7,c7 monitor and communicate production line status2 and 7,d7 manage and optimize energy productivity and cost throughout production2 7#b7 model1 simulate1 and optimize the energy efficiency of a factory building2 7#c7 monitor and optimize building energy performance2 7#d7 model1 simulate1 and optimize the design of energy efficient and sustainable products1 including the use of digital prototyping and additive manufacturing to enhance product design2 7#e7 connect manufactured products in networks to monitor and optimize the performance of the networks1 including automated network operations2 and 7#f7 digitally connect the supply chain network4 ,,vii ,critical ,minerals #gjja4 ,rare earth elements 7a7 ,research program 7#a7 ,in general ,the ,secretary of ,energy1 acting through the ,assistant ,secretary for ,fossil ,energy 7referred to in this section as the ,secretary71 shall conduct a program of research and development-- 7,a7 to develop and assess advanced separation technologies for the extraction and recovery of rare earth elements and other critical materials from coal and coal byproducts2 and 7,b7 to determine if there are1 and mitigate1 any potential environmental or public health impacts that could arise from the recovery of rare earth elements from coal-based resources4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the program described in paragraph 7#a7-- 7,a7 #bc1jjj1jjj for each of fiscal years #bjba and #bjbb2 7,b7 #bd1bjj1jjj for fiscal year #bjbc2 7,c7 #be1djj1jjj for fiscal year #bjbd2 7,d7 #bf1fjj1jjj for fiscal year #bjbe2 and 7,e7 #bg1hjj1jjj for fiscal year #bjbf4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committees on ,science1 ,space1 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 byproducts1 including acid mine drainage from coal mines4 7c7 ,critical material ,in this section1 the term critical material has the meaning given the term in section #gjjb of this ,act4 #gjjb4 ,mineral security 7a7 ,definitions ,in this section3 7#a7 ,byproduct ,the term byproduct means a critical mineral-- 7,a7 the recovery of which depends on the production of a host mineral that is not designated as a critical mineral2 and 7,b7 that exists in sufficient quantities to be recovered during processing or refining4 7#b7 ,critical material ,the term critical material means-- 7,a7 any non-fuel mineral1 element1 substance1 or material that the ,secretary of ,energy determines-- 7i7 has a high risk of a supply chain disruption2 and 7ii7 serves an essential function in #a or more energy technologies1 including technologies that produce1 transmit1 store1 and conserve energy2 or 7,b7 a critical mineral4 7#c7 ,critical mineral 7,a7 ,in general ,the term critical mineral means any mineral1 element1 substance1 or material designated as critical by the ,secretary under subsection 7c74 7,b7 ,exclusions ,the term critical mineral does not include-- 7i7 fuel minerals2 7ii7 water1 ice1 or snow2 7iii7 common varieties of sand1 gravel1 stone1 pumice1 cinders1 and clay4 7#d7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#f7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 ,guam2 7,e7 ,american ,samoa2 7,f7 the ,commonwealth of the ,northern ,mariana ,islands2 and 7,g7 the ,united ,states ,virgin ,islands4 7#g7 ,institution of higher education ,the term institution of higher education means-- 7,a7 an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7772 or 7,b7 a postsecondary vocational institution 7as defined in section #ajb7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;c7774 7b7 ,policy 7#a7 ,in general ,section #c of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjb7 is amended-- 7,a7 by striking paragraph 7#c7 and inserting the following3 7#c7 establish an analytical and forecasting capability for identifying critical mineral demand1 supply1 and other factors to allow informed actions to be taken to avoid supply shortages1 mitigate price volatility1 and prepare for demand growth and other market shifts2 2 7,b7 in paragraph 7#f71 by striking and after the semicolon at the end2 and 7,c7 by striking paragraph 7#g7 and inserting the following3 7#g7 facilitate the availability1 development1 and environmentally responsible production of domestic resources to meet national material or critical mineral needs2 7#h7 avoid duplication of effort1 prevent unnecessary paperwork1 and minimize delays in the administration of applicable laws 7including regulations7 and the issuance of permits and authorizations necessary to explore for1 develop1 and produce critical minerals and to construct critical mineral manufacturing facilities in accordance with applicable environmental and land management laws2 7#i7 strengthen-- 7,a7 educational and research capabilities at not lower than the secondary school level2 and 7,b7 workforce training for exploration and development of critical minerals and critical mineral manufacturing2 7#aj7 bolster international cooperation through technology transfer1 information sharing1 and other means2 7#aa7 promote the efficient production1 use1 and recycling of critical minerals2 7#ab7 develop alternatives to critical minerals2 and 7#ac7 establish contingencies for the production of1 or access to1 critical minerals for which viable sources do not exist within the ,united ,states4 4 7#b7 ,conforming amendment ,section #b7;b7 of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afja7;b77 is amended by striking 7b7 ,as used in this ,act1 the term and inserting the following3 7b7 ,definitions ,in this ,act3 7#a7 ,critical mineral ,the term critical mineral means any mineral1 element1 substance1 or material designated as critical by the ,secretary under section #gjjb7;c7 of the ,energy ,act of #bjbj4 7#b7 ,materials ,the term 4 7c7 ,critical mineral designations 7#a7 ,draft methodology and list ,the ,secretary1 acting through the ,director of the ,united ,states ,geological ,survey 7referred to in this subsection as the ,secretary71 shall publish in the ,federal ,register for public comment-- 7,a7 a description of the draft methodology used to identify a draft list of critical minerals2 7,b7 a draft list of minerals1 elements1 substances1 and materials that qualify as critical minerals2 and 7,c7 a draft list of critical minerals recovered as byproducts and their host minerals4 7#b7 ,availability of data ,if available data is insufficient to provide a quantitative basis for the methodology developed under this subsection1 qualitative evidence may be used to the extent necessary4 7#c7 ,final methodology and list ,after reviewing public comments on the draft methodology and the draft lists published under paragraph 7#a7 and updating the methodology and lists as appropriate1 not later than #de days after the date on which the public comment period with respect to the draft methodology and draft lists closes1 the ,secretary shall publish in the ,federal ,register-- 7,a7 a description of the final methodology for determining which minerals1 elements1 substances1 and materials qualify as critical minerals2 7,b7 the final list of critical minerals2 and 7,c7 the final list of critical minerals recovered as byproducts and their host minerals4 7#d7 ,designations 7,a7 ,in general ,for purposes of carrying out this subsection1 the ,secretary shall maintain a list of minerals1 elements1 substances1 and materials designated as critical1 pursuant to the final methodology published under paragraph 7#c71 that the ,secretary determines-- 7i7 are essential to the economic or national security of the ,united ,states2 7ii7 the supply chain of which is vulnerable to disruption 7including restrictions associated with foreign political risk1 abrupt demand growth1 military conflict1 violent unrest1 anti-competitive or protectionist behaviors1 and other risks throughout the supply chain72 and 7iii7 serve an essential function in the manufacturing of a product 7including energy technology-1 defense-1 currency-1 agriculture-1 consumer electronics-1 and health care-related applications71 the absence of which would have significant consequences for the economic or national security of the ,united ,states4 7,b7 ,inclusions ,notwithstanding the criteria under paragraph 7#c71 the ,secretary may designate and include on the list any mineral1 element1 substance1 or material determined by another ,federal agency to be strategic and critical to the defense or national security of the ,united ,states4 7,c7 ,required consultation ,the ,secretary shall consult with the ,secretaries of ,defense1 ,commerce1 ,agriculture1 and ,energy and the ,united ,states ,trade ,representative in designating minerals1 elements1 substances1 and materials as critical under this paragraph4 7#e7 ,subsequent review 7,a7 ,in general ,the ,secretary1 in consultation with the ,secretaries of ,defense1 ,commerce1 ,agriculture1 and ,energy and the ,united ,states ,trade ,representative1 shall review the methodology and list under paragraph 7#c7 and the designations under paragraph 7#d7 at least every #c years1 or more frequently as the ,secretary considers to be appropriate4 7,b7 ,revisions ,subject to paragraph 7#d77;,a71 the ,secretary may-- 7i7 revise the methodology described in this subsection2 7ii7 determine that minerals1 elements1 substances1 and materials previously determined to be critical minerals are no longer critical minerals2 and 7iii7 designate additional minerals1 elements1 substances1 or materials as critical minerals4 7#f7 ,notice ,on finalization of the methodology and the list under paragraph 7#c71 or any revision to the methodology or list under paragraph 7#e71 the ,secretary shall submit to ,congress written notice of the action4 7d7 ,resource assessment 7#a7 ,in general ,not later than #d years after the date of enactment of this ,act1 in consultation with applicable ,state 7including geological surveys71 local1 academic1 industry1 and other entities1 the ,secretary 7acting through the ,director of the ,united ,states ,geological ,survey7 or a designee of the ,secretary1 shall complete a comprehensive national assessment of each critical mineral that-- 7,a7 identifies and quantifies known critical mineral resources1 using all available public and private information and datasets1 including exploration histories2 and 7,b7 provides a quantitative and qualitative assessment of undiscovered critical mineral resources throughout the ,united ,states1 including probability estimates of tonnage and grade1 using all available public and private information and datasets1 including exploration histories4 7#b7 ,supplementary information ,in carrying out this subsection1 the ,secretary may carry out surveys and field work 7including drilling1 remote sensing1 geophysical surveys1 topographical and geological mapping1 and geochemical sampling and analysis7 to supplement existing information and datasets available for determining the existence of critical minerals in the ,united ,states4 7#c7 ,public access ,subject to applicable law1 to the maximum extent practicable1 the ,secretary shall make all data and metadata collected from the comprehensive national assessment carried out under paragraph 7#a7 publically and electronically accessible4 7#d7 ,technical assistance ,at the request of the ,governor of a ,state or the head of an ,indian ,tribe1 the ,secretary may provide technical assistance to ,state governments and ,indian ,tribes conducting critical mineral resource assessments on non-,federal land4 7#e7 ,prioritization 7,a7 ,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 7c7 are completed first4 7,b7 ,reporting ,during the period beginning not later than #a year after the date of enactment of this ,act and ending on the date of completion of all of the assessments required under this subsection1 the ,secretary shall submit to ,congress on an annual basis an interim report that-- 7i7 identifies the sequence and schedule for completion of the assessments if the ,secretary sequences the assessments2 or 7ii7 describes the progress of the assessments if the ,secretary does not sequence the assessments4 7#f7 ,updates ,the ,secretary may periodically update the assessments conducted under this subsection based on-- 7,a7 the generation of new information or datasets by the ,federal ,government2 or 7,b7 the receipt of new information or datasets from critical mineral producers1 ,state geological surveys1 academic institutions1 trade associations1 or other persons4 7#g7 ,additional surveys ,the ,secretary shall complete a resource assessment for each additional mineral or element subsequently designated as a critical mineral under subsection 7c77#e77;,b7 not later than #b years after the designation of the mineral or element4 7#h7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the status of geological surveying of ,federal land for any mineral commodity-- 7,a7 for which the ,united ,states was dependent on a foreign country for more than #be percent of the ,united ,states supply1 as depicted in the report issued by the ,united ,states ,geological ,survey entitled ,mineral ,commodity ,summaries #bjba2 but 7,b7 that is not designated as a critical mineral under subsection 7c74 7e7 ,report of ,small ,business ,administration ,not later than #a year and #cjj days after the date of enactment of this ,act1 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-- 7#a7 complying with chapter #f of title #e1 ,united ,states ,code 7commonly known as the 8,regulatory ,flexibility ,act071 in promulgating regulations applicable to the critical minerals industry2 and 7#b7 performing an analysis of the efficiency of regulations applicable to the critical minerals industry1 including those that are disproportionately burdensome to small businesses4 7f7 ,federal ,register process 7#a7 ,departmental review ,absent any extraordinary circumstance1 and except as otherwise required by law1 the ,secretary and the ,secretary of ,agriculture shall ensure that each ,federal ,register notice described in paragraph 7#b7 shall be-- 7,a7 subject to any required reviews within the ,department of the ,interior or the ,department of ,agriculture2 and 7,b7 published in final form in the ,federal ,register not later than #de days after the date of initial preparation of the notice4 7#b7 ,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 permit4 7#c7 ,transmission ,all ,federal ,register notices regarding official document availability1 announcements of meetings1 or notices of intent to undertake an action shall be originated in1 and transmitted to the ,federal ,register from1 the office in which1 as applicable-- 7,a7 the documents or meetings are held2 or 7,b7 the activity is initiated4 7#d7 ,application of certain provisions 7,a7 ,in general ,subsection 7f7 shall also apply to-- 7i7 an exploration project in which the presence of a byproduct is reasonably expected1 based on known mineral companionality1 geologic formation1 mineralogy1 or other factors2 and 7ii7 a project that demonstrates that a byproduct is of sufficient grade that1 when combined with the production of a host mineral1 the byproduct is economic to recover1 as determined by the applicable ,secretary in accordance with subparagraph 7,b71 and that the byproduct will be recovered in commercial quantities4 7,b7 ,requirement ,in making the determination under subparagraph 7,a77ii71 the applicable ,secretary shall consider the cost effectiveness of the byproducts recovery4 7g7 ,recycling1 innovation1 efficiency1 and alternatives 7#a7 ,establishment ,the ,secretary of ,energy 7referred to in this subsection as the ,secretary7 shall conduct a program 7referred to in this subsection as the program7 of research1 development1 demonstration1 and commercialization-- 7,a7 to develop alternatives to critical materials that do not occur in significant abundance in the ,united ,states2 7,b7 to promote the efficient production1 use1 and recycling of critical materials1 with special consideration for domestic critical materials1 throughout the supply chain2 7,c7 to ensure the long-term1 secure1 and sustainable supply of critical materials2 and 7,d7 to prioritize work in areas that the private sector by itself is not likely to undertake due to financial or technical limitations4 7#b7 ,cooperation ,in carrying out the program1 the ,secretary shall cooperate with appropriate-- 7,a7 ,federal agencies1 including the ,department of the ,interior2 7,b7 the ,national ,laboratories2 7,c7 critical material producers1 processors1 and manufacturers2 7,d7 trade associations2 7,e7 academic institutions 7including students and postdoctoral staff at institutions of higher education72 7,f7 small businesses2 7,g7 nongovernmental organizations2 and 7,h7 other relevant entities or individuals4 7#c7 ,energy innovation hub ,in carrying out the program1 the ,secretary may use an ,energy ,innovation ,hub authorized under section #bjf of the ,department of ,energy ,research ,coordination ,act 7#db ,u4,s4,c4 #ahfcb74 7#d7 ,activities ,under the program1 the ,secretary shall carry out activities that include the identification and development of-- 7,a7 alternative materials1 particularly materials available in abundance within the ,united ,states and not subject to potential supply restrictions1 that lessen the need for critical materials2 7,b7 alternative energy technologies or alternative designs of existing energy technologies1 particularly technologies or designs that use materials that-- 7i7 occur in abundance in the ,united ,states2 and 7ii7 are not subject to potential supply restrictions2 7,c7 technologies or process improvements that minimize the use and content1 or lead to more efficient use1 of critical materials across the full supply chain2 7,d7 innovative technologies and practices to diversify commercially viable and sustainable domestic sources of critical materials1 including technologies for recovery from waste streams2 7,e7 technologies1 process improvements1 or design optimizations that facilitate the recycling of critical materials1 and options for improving the rates of collection of products and scrap containing critical materials from post-consumer1 industrial1 or other waste streams2 7,f7 advanced critical material extraction1 production1 separation1 alloying1 or processing technologies that decrease the energy consumption1 environmental impact1 and costs of those activities1 including-- 7i7 efficient water and wastewater management strategies2 7ii7 technologies and management strategies to control the environmental impacts of radionuclides in ore tailings2 7iii7 technologies for separation and processing2 and 7iv7 technologies for increasing the recovery rates of coproducts and byproducts from host metal ores2 7,g7 commercial markets1 advanced storage methods1 energy applications1 and other beneficial uses of critical materials2 and 7,h7 advanced theoretical1 computational1 and experimental tools necessary to support the crosscutting research and development needs of diverse critical minerals stakeholders4 7#e7 ,plan 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a plan to carry out the program4 7,b7 ,inclusions ,the plan under subparagraph 7,a7 shall include a description of-- 7i7 the research and development activities to be carried out under the program during the subsequent #b years2 7ii7 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 economy2 7iii7 the expected activities under the program to mitigate the environmental and health impacts of the extraction1 processing1 manufacturing1 use1 recovery1 and recycling of critical materials2 and 7iv7 how the program will promote the broadest possible participation by academic1 industrial1 and other contributors and the public4 7#f7 ,coordination and nonduplication ,to the maximum extent practicable1 the ,secretary shall ensure that the activities carried out under this subsection are coordinated with1 and do not duplicate the efforts of1 other programs within the ,federal ,government1 including the work underway by the ,critical ,materials ,institute and the ,national ,minerals ,information ,center4 7#g7 ,standard of review ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall conduct a review of activities carried out under the program to determine the achievement of the technical milestones identified under paragraph 7#h77;,d77i77,i74 7#h7 ,critical materials consortium 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish and operate a ,critical ,materials ,consortium 7referred to in this paragraph as the ,consortium7 for the purpose of supporting the program by providing1 to the maximum extent practicable1 a centralized entity for multidisciplinary1 collaborative1 critical materials research and development4 7,b7 ,leadership ,if an ,energy ,innovation ,hub authorized under section #bjf of the ,department of ,energy ,research ,coordination ,act 7#db ,u4,s4,c4 #ahfcb7 that is focused on critical materials exists on the date of enactment of this ,act1 the ,secretary shall leverage the personnel and expertise of the ,energy ,innovation ,hub to manage the ,consortium for not less than #c years following the date on which the ,consortium is established4 7,c7 ,membership ,the members of the ,consortium shall be representatives from relevant ,federal agencies1 the ,national ,laboratories1 the ,national ,minerals ,information ,center1 institutions of higher education1 private sector entities1 multiinstitutional collaborations1 and other appropriate entities4 7,d7 ,responsibilities ,the ,consortium shall-- 7i7 develop and implement a multiyear plan that-- 7,i7 identifies technical goals and milestones for the program2 7,,ii7 utilizes the high performance computing capabilities of the ,department2 and 7,,iii7 leverages the expertise of the ,national ,laboratories and the ,united ,states ,geological ,survey2 and 7ii7 submit an annual report to the ,secretary summarizing the activities of the ,consortium1 including an evaluation of the role of the ,consortium in the achievement of the technical milestones identified under clause 7i77,i74 7,e7 ,sunset2 termination 7i7 ,in general ,the ,secretary may provide support to the ,consortium for a period of not more than #aj years1 subject to the availability of appropriations4 7ii7 ,merit review ,not later than #e years after the date on which the ,consortium is established1 the ,secretary shall conduct a rigorous merit review to determine whether the ,consortium helped the program achieve the technical milestones identified under subparagraph 7,d77i77,i74 7iii7 ,termination ,if the ,secretary determines that the ,consortium has not helped the program achieve the technical milestones identified under subparagraph 7,d77i77,i71 the ,secretary may terminate any financial or technical support that the ,department provides to the ,consortium4 7#i7 ,reports ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report summarizing the activities1 findings1 and progress of the program4 7#aj7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this subsection-- 7,a7 #abe1jjj1jjj for fiscal year #bjba2 7,b7 #aje1jjj1jjj for fiscal year #bjbb2 7,c7 #ajj1jjj1jjj for fiscal year #bjbc2 7,d7 #ace1jjj1jjj for fiscal year #bjbd2 and 7,e7 #ace1jjj1jjj for fiscal year #bjbe4 7h7 ,critical materials supply chain research facility 7#a7 ,in general ,the ,secretary of ,energy 7referred to in this subsection as the ,secretary7 shall support construction of a ,critical ,materials ,supply ,chain ,research ,facility 7referred to in this subsection as the facility74 7#b7 ,requirements ,the facility-- 7,a7 shall be used to further enable research1 development1 demonstration1 and commercialization activities throughout the supply chain for critical materials2 and 7,b7 shall provide an integrated1 rapidly reconfigurable research platform4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to fund the design and construction of the facility1 to remain available until expended-- 7,a7 #aj1jjj1jjj for fiscal year #bjba2 7,b7 #cj1jjj1jjj for fiscal year #bjbb2 and 7,c7 #ce1jjj1jjj for fiscal year #bjbc4 7i7 ,critical materials research database and information portal 7#a7 ,in general ,in carrying out the program established under subsection 7g77#a71 the ,secretary and the ,secretary of ,energy 7referred to in this subsection as the ,secretaries71 in consultation with the ,director of the ,national ,science ,foundation1 shall establish and operate a ,critical ,materials ,information ,portal 7referred to in this subsection as the ,portal7 to collect1 catalogue1 disseminate1 and archive information on critical materials4 7#b7 ,cooperation ,in carrying out paragraph 7#a71 the ,secretaries shall leverage the expertise of the ,national ,minerals ,information ,center1 the ,office of ,scientific and ,technical ,information1 and the ,critical ,materials ,consortium established under subsection 7g77#h77;,a74 7#c7 ,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-- 7,a7 to accelerate breakthroughs in critical materials identification and design2 7,b7 to strengthen the foundation for technologies that will enable more sustainable recycling1 substitution1 use1 and recovery and minimize the environmental impacts of methods for extraction1 processing1 and manufacturing of critical materials2 and 7,c7 to drive the development of advanced materials for applications that span the missions of the ,department of ,energy and the ,department of the ,interior 7referred to in this subsection as the ,departments7 in energy1 environment1 and national security4 7#d7 ,activities ,in carrying out this subsection1 the ,secretaries shall-- 7,a7 conduct cooperative research with industry1 academia1 and other research institutions to facilitate the design of novel materials1 including critical materials and substitutes for critical materials2 7,b7 leverage existing high-performance computing systems to conduct high throughput calculations and develop computing and data mining algorithms for the prediction of material properties1 including a focus on critical materials2 7,c7 leverage and support research in mineralogy and mineral chemistry to enhance the understanding1 prediction1 and manipulation of critical materials2 7,d7 assist scientists and engineers in making the fullest possible use of the relevant data holdings of the ,departments1 including the scientific and technical data generated by the research and development activities funded under subsection 7g72 7,e7 seek and incorporate other information on critical materials to enhance the ,departments' utility for program participants and other users2 and 7,f7 manage and make available to researchers and the public accessible1 curated1 standardized1 secure1 and privacy-protected data sets from the public and private sectors for the purposes of critical materials research and development activities4 7#e7 ,proprietary information ,in carrying out this subsection1 the ,secretaries shall ensure1 consistent with section #e7;f7 of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjd7;f771 that-- 7,a7 no person uses the information and data collected for the ,portal for a purpose other than the development of1 or reporting of1 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 information2 7,b7 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 information2 and 7,c7 procedures are established to require the withholding of any information or data collected for the ,portal if at least #a of the ,secretaries determines that the withholding is necessary to protect proprietary information1 including any trade secrets or other confidential information4 7j7 ,analysis and forecasting 7#a7 ,capabilities ,in order to evaluate existing critical mineral policies and inform future actions that may be taken to avoid supply shortages1 mitigate price volatility1 and prepare for demand growth and other market shifts1 the ,secretary 7acting through the ,director of the ,united ,states ,geological ,survey7 or a designee of the ,secretary1 in consultation with the ,energy ,information ,administration1 academic institutions1 and others in order to maximize the application of existing competencies related to developing and maintaining computer-models and similar analytical tools1 shall conduct and publish the results of an annual report that includes-- 7,a7 as part of the annually published ,mineral ,commodity ,summaries from the ,united ,states ,geological ,survey1 a comprehensive review of critical mineral production1 consumption1 and recycling patterns1 including-- 7i7 the quantity of each critical mineral domestically produced during the preceding year2 7ii7 the quantity of each critical mineral domestically consumed during the preceding year2 7iii7 market price data or other price data for each critical mineral2 7iv7 an assessment of-- 7,i7 critical mineral requirements to meet the national security1 energy1 economic1 industrial1 technological1 and other needs of the ,united ,states during the preceding year2 7,,ii7 the reliance of the ,united ,states on foreign sources to meet those needs during the preceding year2 and 7,,iii7 the implications of any supply shortages1 restrictions1 or disruptions during the preceding year2 7v7 the quantity of each critical mineral domestically recycled during the preceding year2 7vi7 the market penetration during the preceding year of alternatives to each critical mineral2 7vii7 a discussion of international trends associated with the discovery1 production1 consumption1 use1 costs of production1 prices1 and recycling of each critical mineral as well as the development of alternatives to critical minerals2 and 7viii7 such other data1 analyses1 and evaluations as the ,secretary finds are necessary to achieve the purposes of this subsection2 and 7,b7 a comprehensive forecast1 entitled the ,annual ,critical ,minerals ,outlook1 of projected critical mineral production1 consumption1 and recycling patterns1 including-- 7i7 the quantity of each critical mineral projected to be domestically produced over the subsequent #a-year1 #e-year1 and #aj-year periods2 7ii7 the quantity of each critical mineral projected to be domestically consumed over the subsequent #a-year1 #e-year1 and #aj-year periods2 7iii7 an assessment of-- 7,i7 critical mineral requirements to meet projected national security1 energy1 economic1 industrial1 technological1 and other needs of the ,united ,states2 7,,ii7 the projected reliance of the ,united ,states on foreign sources to meet those needs2 and 7,,iii7 the projected implications of potential supply shortages1 restrictions1 or disruptions2 7iv7 the quantity of each critical mineral projected to be domestically recycled over the subsequent #a-year1 #e-year1 and #aj-year periods2 7v7 the market penetration of alternatives to each critical mineral projected to take place over the subsequent #a-year1 #e-year1 and #aj-year periods2 7vi7 a discussion of reasonably foreseeable international trends associated with the discovery1 production1 consumption1 use1 costs of production1 and recycling of each critical mineral as well as the development of alternatives to critical minerals2 and 7vii7 such other projections relating to each critical mineral as the ,secretary determines to be necessary to achieve the purposes of this subsection4 7#b7 ,proprietary information ,in preparing a report described in paragraph 7#a71 the ,secretary shall ensure1 consistent with section #e7;f7 of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjd7;f771 that-- 7,a7 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 information2 7,b7 no person discloses any information or data collected for the report 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 information2 and 7,c7 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 information1 including any trade secrets or other confidential information4 7k7 ,education and workforce 7#a7 ,workforce assessment ,not later than #a year and #cjj days after the date of enactment of this ,act1 the ,secretary of ,labor 7in consultation with the ,secretary1 the ,director of the ,national ,science ,foundation1 institutions of higher education with substantial expertise in mining1 institutions of higher education with significant expertise in minerals research1 including fundamental research into alternatives1 and employers in the critical minerals sector7 shall submit to ,congress an assessment of the domestic availability of technically trained personnel necessary for critical mineral exploration1 development1 assessment1 production1 manufacturing1 recycling1 analysis1 forecasting1 education1 and research1 including an analysis of-- 7,a7 skills that are in the shortest supply as of the date of the assessment2 7,b7 skills that are projected to be in short supply in the future2 7,c7 the demographics of the critical minerals industry and how the demographics will evolve under the influence of factors such as an aging workforce2 7,d7 the effectiveness of training and education programs in addressing skills shortages2 7,e7 opportunities to hire locally for new and existing critical mineral activities2 7,f7 the sufficiency of personnel within relevant areas of the ,federal ,government for achieving the policies described in section #c of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjb72 and 7,g7 the potential need for new training programs to have a measurable effect on the supply of trained workers in the critical minerals industry4 7#b7 ,curriculum study 7,a7 ,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-- 7i7 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 domestic1 critical mineral exploration1 development1 production1 manufacturing1 research1 including fundamental research into alternatives1 and recycling2 7ii7 to address undergraduate and graduate education1 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 domestic1 critical mineral exploration1 development1 production1 manufacturing1 research1 including fundamental research into alternatives1 and recycling2 7iii7 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 domestic1 critical mineral exploration1 research1 development1 production1 manufacturing1 and recycling2 and 7iv7 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 7#c74 7,b7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a description of the results of the study required under subparagraph 7,a74 7#c7 ,program 7,a7 ,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 #d-year grants for-- 7i7 startup costs for newly designated faculty positions in integrated critical mineral education1 research1 innovation1 training1 and workforce development programs consistent with paragraph 7#b72 7ii7 internships1 scholarships1 and fellowships for students enrolled in programs related to critical minerals2 7iii7 equipment necessary for integrated critical mineral innovation1 training1 and workforce development programs2 and 7iv7 research of critical minerals and their applications1 particularly concerning the manufacture of critical components vital to national security4 7,b7 ,renewal ,a grant under this paragraph shall be renewable for up to #b additional #c-year terms based on performance criteria outlined under paragraph 7#b77;,a77iv74 7l7 ,national geological and geophysical data preservation program ,section #cea7k7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijh7k77 is amended by striking #cj1jjj1jjj for each of fiscal years #bjjf through #bjaj and inserting #e1jjj1jjj for each of fiscal years #bjba through #bjbi1 to remain available until expended4 7m7 ,amendments to the ,national ,materials and ,minerals1 ,policy1 ,research and ,development ,act of #aihj 7#a7 ,program plan ,section #e of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjd7 is amended-- 7,a7 by striking date of enactment of this ,act each place it appears and inserting date of enactment of the ,energy ,act of #bjbj2 7,b7 in subsection 7b77#a71 by striking ,federal ,coordinating ,council for ,science1 ,engineering1 and ,technology and inserting ,national ,science and ,technology ,council2 7,c7 in subsection 7c7-- 7i7 in the matter preceding paragraph 7#a7-- 7,i7 by striking the ,federal ,emergency and all that follows through ,agency1 and2 and 7,,ii7 by striking appropriate shall and inserting appropriate1 shall2 7ii7 by striking paragraphs 7#a7 and 7#c72 7iii7 by redesignating paragraph 7#b7 as paragraph 7#a72 7iv7 in paragraph 7#a7 7as so redesignated7-- 7,i7 by striking within #a year after ,october #ba1 #aihj and inserting not later than #a year after the date of the enactment of the ,energy ,act of #bjbj2 7,,ii7 by striking which assesses and inserting that assesses2 and 7,,iii7 by striking in the case and all that follows through subsection1 and which and inserting and that2 and 7v7 by adding at the end the following3 7#b7 assess the adequacy and stability of the supply of materials necessary to maintain national security1 economic well-being1 public health1 and industrial production4 2 and 7,d7 in subsection 7e71 by striking ,bureau of ,mines each place it appears and inserting ,united ,states ,geological ,survey4 7#b7 ,policy ,section #c of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjb7 is amended1 in the matter preceding paragraph 7#a7-- 7,a7 in the first sentence1 by striking ,the ,congress declares that it and inserting ,it2 and 7,b7 in the second sentence1 by striking ,the ,congress further declares that implementation and inserting ,implementation4 7#c7 ,implementation ,section #d of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjc7 is amended1 in the matter preceding paragraph 7#a7-- 7,a7 by striking ,for the purpose and all that follows through declares that the and inserting ,the2 and 7,b7 by striking departments and agencies1 and inserting departments and agencies to implement the policy described in section #c4 7n7 ,administration 7#a7 ,in general ,the ,national ,critical ,materials ,act of #aihd 7#cj ,u4,s4,c4 #ahja et seq47 is repealed4 7#b7 ,conforming amendment ,section #c7;d7 of the ,national ,superconductivity and ,competitiveness ,act of #aihh 7#ae ,u4,s4,c4 #ebjb7;d77 is amended in the first sentence by striking 1 with the assistance of the ,national ,critical ,materials ,council as specified in the ,national ,critical ,materials ,act of #aihd 7#cj ,u4,s4,c4 #ahja et seq4714 7#c7 ,savings clauses 7,a7 ,in general ,nothing in this section or an amendment made by this section modifies any requirement or authority provided by-- 7i7 the matter under the heading ,,geological ,,survey of the first section of the ,act of ,march #c1 #ahgi 7#dc ,u4,s4,c4 #ca7;a772 or 7ii7 the first section of ,public ,law #hg-fbf 7#dc ,u4,s4,c4 #ca7;b774 7,b7 ,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 ,defense4 7,c7 ,secretarial order not affected ,this section shall not apply to any mineral described in ,secretarial ,order ,no4 #ccbd1 issued by the ,secretary on ,december #c1 #bjab1 in any area to which the order applies4 7o7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ej1jjj1jjj for each of fiscal years #bjba through #bjbi4 #gjjc4 ,monitoring mineral investments under ,belt and ,road ,initiative of ,people's ,republic of ,china 7a7 ,report required ,not later than #a year after the date of the enactment of this ,act1 the ,director of ,national ,intelligence 7referred to in this section as the ,director71 in consultation with the ,secretary of the ,interior1 the ,secretary of ,energy1 the ,secretary of ,commerce1 the ,secretary of ,state1 the ,secretary of ,defense1 and the ,united ,states ,trade ,representative1 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-- 7#a7 notable past mineral investments2 7#b7 whether and how such investments have increased the extent of control of minerals by the ,people's ,republic of ,china2 7#c7 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 ,state2 and 7#d7 the strategy of the ,people's ,republic of ,china with respect to mineral investments4 7b7 ,monitoring mechanism ,in conjunction with each report required by subsection 7a71 the ,director shall submit to the appropriate congressional committees a list of any minerals with respect to which-- 7#a7 the ,people's ,republic of ,china1 directly or through the ,belt and ,road ,initiative-- 7,a7 is increasing its concentration of extraction and processing2 7,b7 is acquiring significant mining and processing facilities2 7,c7 is maintaining or increasing export restrictions2 or 7,d7 has achieved substantial control of the supply of minerals used within an industry or related minerals2 7#b7 there is a significant difference between domestic prices in the ,people's ,republic of ,china as compared to prices on international markets2 or 7#c7 there is a significant increase or volatility in price as a result of the ,belt and ,road ,initiative of the ,people's ,republic of ,china4 7c7 ,critical mineral evaluation ,for any mineral included on the list required by subsection 7b7 that is not already designated as critical by the ,secretary of the ,interior pursuant to section #gjjb7;c71 the ,director shall-- 7#a7 determine1 in consultation with the ,secretary of the ,interior1 the ,secretary of ,energy1 the ,secretary of ,commerce1 the ,secretary of ,state1 the ,secretary of ,defense1 and the ,united ,states ,trade ,representative1 whether the mineral is strategic and critical to the defense or national security of the ,united ,states2 and 7#b7 make a recommendation to the ,secretary of the ,interior regarding the designation of the mineral under section #gjjb7;c74 7d7 ,annual updates ,the ,director shall update the report required by subsection 7a7 and list required by subsection 7b7 not less frequently than annually4 7e7 ,form ,each report or list required by this section shall be submitted in unclassified form but may include a classified annex4 7f7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,energy and ,natural ,resources1 the ,committee on ,foreign ,relations1 the ,committee on ,armed ,services1 the ,committee on ,finance1 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on ,energy and ,commerce1 the ,committee on ,foreign ,affairs1 the ,committee on ,armed ,services1 the ,committee on ,ways and ,means1 the ,committee on ,homeland ,security1 and the ,committee on ,appropriations of the ,house of ,representatives4 ,,viii ,grid ,modernization #hjja4 ,smart grid regional demonstration initiative ,section #acjd of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agchd7 is amended-- 7#a7 in subsection 7a71 by inserting research1 development1 and demonstration before program2 7#b7 in subsection 7b7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,the ,secretary shall establish a smart grid regional demonstration initiative 7referred to in this subsection as the ,initiative7 composed of demonstration projects focused on cost-effective1 advanced technologies for use in power grid sensing1 communications1 analysis1 power flow control1 visualization1 distribution automation1 industrial control systems1 dynamic line rating systems1 grid redesign1 and the integration of distributed energy resources4 2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,d71 by striking and at the end2 7ii7 in subparagraph 7,e71 by striking the period and inserting 2 and2 and 7iii7 by inserting at the end the following3 7,f7 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 resilience4 4 #hjjb4 ,smart grid modeling1 visualization1 architecture1 and controls ,title ,,xiii of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agcha et seq47 is amended by inserting after section #acjd the following3 #acjd;,a4 ,smart grid modeling1 visualization1 architecture1 and controls 7a7 ,in general ,not later than #ahj days after the enactment of this section1 the ,secretary shall establish a program of research1 development1 demonstration1 and commercial application on electric grid modeling1 sensing1 visualization1 architecture development1 and advanced operation and controls4 7b7 ,modeling research and development ,the ,secretary shall support development of models of emerging technologies and systems to facilitate the secure and reliable design1 planning1 and operation of the electric grid for use by industry stakeholders4 ,in particular1 the ,secretary shall support development of-- 7#a7 models to analyze and predict the effects of adverse physical and cyber events on the electric grid2 7#b7 coupled models of electrical1 physical1 and cyber systems2 7#c7 models of existing and emerging technologies being deployed on the electric grid due to projected changes in the electric generation mix and loads1 for a variety of regional characteristics2 and 7#d7 integrated models of the communications1 transmission1 distribution1 and other interdependent systems for existing1 new1 and emerging technologies4 7c7 ,situational awareness research and development 7#a7 ,in general ,the ,secretary shall support development of computational tools and technologies to improve sensing1 monitoring1 and visualization of the electric grid for real-time situational awareness and decision support tools that enable improved operation of the power system1 including utility1 non-utility1 and customer grid-connected assets1 for use by industry partners4 7#b7 ,data use ,in developing visualization capabilities under this section1 the ,secretary shall develop tools for industry stakeholders to use to analyze data collected from advanced measurement and monitoring technologies1 including data from phasor measurement units and advanced metering units4 7#c7 ,severe events ,the ,secretary shall prioritize enhancing cyber and physical situational awareness of the electric grid during adverse manmade and naturally-occurring events4 7d7 ,operation and controls research and development ,the ,secretary shall conduct research to develop improvements to the operation and controls of the electric grid1 in coordination with industry partners4 ,such activities shall include-- 7#a7 a training facility or facilities to allow grid operators to gain operational experience with advanced grid control concepts and technologies2 7#b7 development of cost-effective advanced operation and control concepts and technologies1 such as adaptive islanding1 dynamic line rating systems1 power flow controllers1 network topology optimization1 smart circuit breakers1 intelligent load shedding1 and fault-tolerant control system architectures2 7#c7 development of real-time control concepts using artificial intelligence and machine learning for improved electric grid resilience2 and 7#d7 utilization of advanced data analytics including load forecasting1 power flow modeling1 equipment failure prediction1 resource optimization1 risk analysis1 and decision analysis4 7e7 ,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 components1 technologies1 and systems with existing electric grid infrastructure4 7f7 ,underground transmission and distribution lines ,in carrying out the program under subsection 7a71 the ,secretary shall support research and development on underground transmission and distribution lines4 ,this shall include research on-- 7#a7 methods for lowering the costs of underground transmission and distribution lines1 including through novel installation techniques and materials considerations2 7#b7 techniques to improve the lifespan of underground transmission and distribution lines2 7#c7 wireless sensors to improve safety of underground transmission and distribution lines and to predict1 identify1 detect1 and transmit information about degradation and faults2 and 7#d7 methods for improving the resilience and reliability of underground transmission and distribution lines1 including technologies and techniques that can mitigate the impact of flooding1 storm surge1 and seasonal climate cycles on degradation of and damage to underground transmission and distribution lines4 7g7 ,grid architecture and scenario development 7#a7 ,in general ,subject to paragraph 7#c71 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 7including different quantities of distributed energy resources and large-scale1 central generation7 on the electric grid4 7#b7 ,architecture ,in supporting the development of model grid architectures1 the ,secretary shall-- 7,a7 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 infrastructure2 7,b7 analyze the effects of the increasing proliferation of renewable and other zero emissions energy generation sources1 increasing use of distributed resources owned by non-utility entities1 and the use of digital and automated controls not managed by grid operators2 7,c7 include a variety of new and emerging distribution grid technologies1 including distributed energy resources1 electric vehicle charging stations1 distribution automation technologies1 energy storage1 and renewable energy sources2 7,d7 analyze the effects of local load balancing and other forms of decentralized control2 7,e7 analyze the effects of changes to grid architectures resulting from modernizing electric grid systems1 including communications1 controls1 markets1 consumer choice1 emergency response1 electrification1 and cybersecurity concerns2 and 7,f7 develop integrated grid architectures that incorporate system resilience for cyber1 physical1 and communications systems4 7#c7 ,market structure ,the grid architecture and scenarios developed under paragraph 7#a7 shall1 to the extent practicable1 account for differences in market structure1 including an examination of the potential for stranded costs in each type of market structure4 7h7 ,computing resources and data coordination research and development ,in carrying out this section1 the ,secretary shall-- 7#a7 leverage existing computing resources at the ,national ,laboratories2 and 7#b7 develop voluntary standards for data taxonomies and communication protocols in coordination with public and private sector stakeholders4 7i7 ,information sharing ,none of the activities authorized in this section shall require private entities to share information or data with the ,secretary4 7j7 ,resilience ,in this section1 the term resilience means the ability to withstand and reduce the magnitude or duration of disruptive events1 which includes the capability to anticipate1 absorb1 adapt to1 or rapidly recover from such an event1 including from deliberate attacks1 accidents1 and naturally occurring threats or incidents4 4 #hjjc4 ,integrated energy systems ,title ,,xiii of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agcha et seq47 is amended by adding after section #acji the following3 #acaj4 ,integrated energy systems 7a7 ,in general ,not later than #ahj days after the enactment of this section1 the ,secretary shall establish a research1 development1 and demonstration program to develop cost-effective integrated energy systems1 including-- 7#a7 development of computer modeling to design different configurations of integrated energy systems and to optimize system operation2 7#b7 research on system integration needed to plan1 design1 build1 and operate integrated energy systems1 including interconnection requirements with the electric grid2 7#c7 development of integrated energy systems for various applications1 including-- 7,a7 thermal energy generation and storage for buildings and manufacturing2 7,b7 electricity storage coupled with energy generation2 7,c7 desalination2 7,d7 production of liquid and gaseous fuels2 and 7,e7 production of chemicals such as ammonia and ethylene2 7#d7 development of testing facilities for integrated energy systems2 and 7#e7 research on incorporation of various technologies for integrated energy systems1 including nuclear energy1 renewable energy1 storage1 and carbon capture1 utilization1 and sequestration technologies4 7b7 ,strategic plan 7#a7 ,in general ,not later than #a year after the date of the enactment of this section1 the ,secretary shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a strategic plan that identifies opportunities1 challenges1 and standards needed for the development and commercial application of integrated energy systems4 ,the strategic plan shall include-- 7,a7 analysis of the potential benefits of development of integrated electric systems on the electric grid2 7,b7 analysis of the potential contributions of integrated energy systems to different grid architecture scenarios2 7,c7 research and development goals for various integrated energy systems1 including those identified in subsection 7a72 7,d7 assessment of policy and market barriers to the adoption of integrated energy systems2 7,e7 analysis of the technical and economic feasibility of adoption of different integrated energy systems2 and 7,f7 a #aj-year roadmap to guide the program established under subsection 7a74 7#b7 ,updates ,not less than once every #c years for the duration of this research program1 the ,secretary shall submit an updated version of the strategic plan to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 7c7 ,program implementation ,in carrying out the research1 development1 demonstration1 and commercial application aims of subsection 7a71 the ,secretary shall-- 7#a7 implement the recommendations set forth in the strategic plan in subsection 7b72 7#b7 coordinate across all relevant program offices at the ,department1 including-- 7,a7 the ,office of ,energy ,efficiency and ,renewable ,energy2 7,b7 the ,office of ,nuclear ,energy2 and 7,c7 the ,office of ,fossil ,energy2 7#c7 leverage existing programs and resources of the ,department2 and 7#d7 prioritize activities that accelerate the development of integrated electricity generation1 storage1 and distribution systems with net zero greenhouse gas emissions4 7d7 ,integrated energy system defined ,the term integrated energy system means a system composed of #b or more co-located or jointly operated sub-systems of energy generation1 energy storage1 or other energy technologies4 4 #hjjd4 ,grid integration research and development 7a7 ,integrating distributed energy resources onto the electric grid ,section #ibe7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbae7 is amended-- 7#a7 by redesignating paragraphs 7#aj7 and 7#aa7 as paragraphs 7#ab7 and 7#ac71 respectively2 and 7#b7 by inserting after paragraph 7#i7 the following3 7#aj7 the development of cost-effective technologies that enable two-way information and power flow between distributed energy resources and the electric grid2 7#aa7 the development of technologies and concepts that enable interoperability between distributed energy resources and other behind-the-meter devices and the electric grid2 4 7b7 ,integrating renewable energy onto the electric grid ,subtitle ,c of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbca et seq47 is amended by adding at the end the following3 #icf4 ,research and development into integrating renewable energy onto the electric grid 7a7 ,in general ,not later than #ahj days after the enactment of this section1 the ,secretary shall establish a research1 development1 and demonstration program on technologies that enable integration of renewable energy generation sources onto the electric grid across multiple program offices of the ,department4 ,the program shall include-- 7#a7 forecasting for predicting generation from variable renewable energy sources2 7#b7 development of cost-effective low-loss1 long-distance transmission lines2 and 7#c7 development of cost-effective advanced technologies for variable renewable generation sources to provide grid services4 7b7 ,coordination ,in carrying out this program1 the ,secretary shall coordinate across all relevant program offices at the ,department to achieve the goals established in this section1 including the ,office of ,electricity4 7c7 ,adoption of technologies ,in carrying out this section1 the ,secretary shall consider barriers to adoption and commercial application of technologies that enable integration of renewable energy sources onto the electric grid1 including cost and other economic barriers1 and shall coordinate with relevant entities to reduce these barriers4 4 7c7 ,integrating electric vehicles onto the electric grid ,subtitle ,b of title ,i of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjaa et seq47 is amended by adding at the end the following3 #acg4 ,research and development into integrating electric vehicles onto the electric grid 7a7 ,in general ,the ,secretary shall establish a research1 development1 and demonstration program to advance the integration of electric vehicles1 including plug-in hybrid electric vehicles1 onto the electric grid4 7b7 ,vehicles-to-grid integration assessment report ,not later than #a year after the enactment of this section1 the ,secretary shall submit to the ,committee on ,science1 ,space1 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 research1 development1 and demonstration opportunities1 challenges1 and standards needed for integrating electric vehicles onto the electric grid4 7#a7 ,report requirements ,the report shall include-- 7,a7 an evaluation of the use of electric vehicles to maintain the reliability of the electric grid1 including-- 7i7 the use of electric vehicles for demand response1 load shaping1 emergency power1 and frequency regulation2 and 7ii7 the potential for the reuse of spent electric vehicle batteries for stationary grid storage2 7,b7 the impact of grid integration on electric vehicles1 including-- 7i7 the impact of bi-directional electricity flow on battery degradation2 and 7ii7 the implications of the use of electric vehicles for grid services on original equipment manufacturer warranties2 7,c7 the impacts to the electric grid of increased penetration of electric vehicles1 including-- 7i7 the distribution grid infrastructure needed to support an increase in charging capacity2 7ii7 strategies for integrating electric vehicles onto the distribution grid while limiting infrastructure upgrades2 7iii7 the changes in electricity demand over a #bd-;hour cycle due to electric vehicle charging behavior2 7iv7 the load increases expected from electrifying the transportation sector2 7v7 the potential for customer incentives and other managed charging stations strategies to shift charging off-peak2 7vi7 the technology needed to achieve bi-directional power flow on the distribution grid2 and 7vii7 the implementation of smart charging techniques2 7,d7 research on the standards needed to integrate electric vehicles with the grid1 including communications systems1 protocols1 and charging stations1 in collaboration with the ,national ,institute for ,standards and ,technology2 7,e7 the cybersecurity challenges and needs associated with electrifying the transportation sector2 and 7,f7 an assessment of the feasibility of adopting technologies developed under the program established under subsection 7a7 at ,department facilities4 7#b7 ,recommendations ,as part of the ,vehicles-to-,grid ,integration ,assessment ,report1 the ,secretary shall develop a #aj-year roadmap to guide the research1 development1 and demonstration program to integrate electric vehicles onto the electric grid4 7#c7 ,consultation ,in developing this report1 the ,secretary shall consult with relevant stakeholders1 including-- 7,a7 electric vehicle manufacturers2 7,b7 electric utilities2 7,c7 public utility commissions2 7,d7 vehicle battery manufacturers2 7,e7 electric vehicle supply equipment manufacturers2 7,f7 charging infrastructure manufacturers2 7,g7 the ,national ,laboratories2 and 7,h7 other ,federal agencies1 as the ,secretary determines appropriate4 7#d7 ,updates ,the ,secretary shall update the report required under this section every #c years for the duration of the program under section 7a7 and shall submit the updated report to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 7c7 ,program implementation ,in carrying out the research1 development1 demonstration1 and commercial application aims of section1 the ,secretary shall-- 7#a7 implement the recommendations set forth in the report in subsection 7b72 and 7#b7 coordinate across all relevant program offices at the ,department to achieve the goals established in this section1 including the ,office of ,electricity4 7d7 ,testing capabilities ,the ,secretary shall coordinate with the ,national ,laboratories to develop testing capabilities for the evaluation1 rapid prototyping1 and optimization of technologies enabling integration of electric vehicles onto the electric grid4 4 #hjje4 ,advisory committee ,title ,,xiii of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agcha et seq47 is amended by adding after section #acaj 7as added by section #hjjc of this ,act7 the following3 #acaa4 ,advisory committee 7a7 ,in general ,not later than #ahj days after the enactment of this section1 the ,secretary shall designate an existing advisory committee to advise the ,secretary on the authorization of research1 development1 and demonstration projects under sections #acjd and #acjd;,a4 7b7 ,responsibility ,the ,secretary shall annually solicit from the advisory committee-- 7#a7 comments to identify grid modernization technology needs2 7#b7 an assessment of the progress of the research activities on grid modernization2 and 7#c7 assistance in annually updating grid modernization technology roadmaps4 4 #hjjf4 ,coordination of efforts ,in carrying out the amendments made by this title1 the ,secretary shall coordinate with relevant entities to the maximum extent practicable1 including-- 7#a7 electric utilities2 7#b7 private sector entities2 7#c7 representatives of all sectors of the electric power industry2 7#d7 transmission organizations2 7#e7 transmission owners and operators2 7#f7 distribution organizations2 7#g7 distribution asset owners and operators2 7#h7 ,state1 ,tribal1 local1 and territorial governments and regulatory authorities2 7#i7 academic institutions2 7#aj7 the ,national ,laboratories2 7#aa7 other ,federal agencies2 7#ab7 nonprofit organizations2 7#ac7 the ,federal ,energy ,regulatory ,commission2 7#ad7 the ,north ,american ,reliability ,corporation2 7#ae7 independent system operators2 and 7#af7 programs and program offices at the ,department4 #hjjg4 ,technology demonstration on the distribution grid 7a7 ,in general ,the ,secretary shall establish a grant program to carry out eligible projects related to the modernization of the electric grid1 including the application of technologies to improve observability1 advanced controls1 and prediction of system performance on the distribution system4 7b7 ,eligible projects ,to be eligible for a grant under subsection 7a71 a project shall-- 7#a7 be designed to improve the performance and efficiency of the future electric grid1 while ensuring the continued provision of safe1 secure1 reliable1 and affordable power2 and 7#b7 demonstrate-- 7,a7 secure integration and management of two or more energy resources1 including distributed energy generation1 combined heat and power1 micro-grids1 energy storage1 electric vehicles1 energy efficiency1 demand response1 and intelligent loads2 and 7,b7 secure integration and interoperability of communications and information technologies4 #hjjh4 ,voluntary model pathways 7a7 ,establishment of voluntary model pathways 7#a7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,energy 7in this section referred to as the ,secretary71 in consultation with the steering committee established under paragraph 7#c71 shall initiate the development of voluntary model pathways for modernizing the electric grid through a collaborative1 public-private effort that-- 7,a7 produces illustrative policy pathways encompassing a diverse range of technologies that can be adapted for ,state and regional applications by regulators and policymakers2 7,b7 facilitates the modernization of the electric grid and associated communications networks to achieve the objectives described in paragraph 7#b72 7,c7 ensures a reliable1 resilient1 affordable1 safe1 and secure electric grid2 and 7,d7 acknowledges and accounts for different priorities1 electric systems1 and rate structures across ,states and regions4 7#b7 ,objectives ,the pathways established under paragraph 7#a7 shall facilitate achievement of as many of the following objectives as practicable3 7,a7 ,near real-time situational awareness of the electric system4 7,b7 ,data visualization4 7,c7 ,advanced monitoring and control of the advanced electric grid4 7,d7 ,enhanced certainty of policies for investment in the electric grid4 7,e7 ,increased innovation4 7,f7 ,greater consumer empowerment4 7,g7 ,enhanced grid resilience1 reliability1 and robustness4 7,h7 ,improved-- 7i7 integration of distributed energy resources2 7ii7 interoperability of the electric system2 and 7iii7 predictive modeling and capacity forecasting4 7,i7 ,reduced cost of service for consumers4 7,j7 ,diversification of generation sources4 7#c7 ,steering committee ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall establish a steering committee to help develop the pathways under paragraph 7#a71 to be composed of members appointed by the ,secretary1 consisting of persons with appropriate expertise representing a diverse range of interests in the public1 private1 and academic sectors1 including representatives of-- 7,a7 the ,federal ,energy ,regulatory ,commission2 7,b7 the ,national ,laboratories2 7,c7 ,states2 7,d7 ,state regulatory authorities2 7,e7 transmission organizations2 7,f7 representatives of all sectors of the electric power industry2 7,g7 institutions of higher education2 7,h7 independent research institutes2 and 7,i7 other entities4 7b7 ,technical assistance ,the ,secretary may provide technical assistance to ,states1 ,indian ,tribes1 or units of local government to adopt or implement one or more elements of the pathways developed under subsection 7a77#a71 including on a pilot basis4 #hjji4 ,performance metrics for electricity infrastructure providers 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,energy1 in consultation with the steering committee established under section #hjjh7;a77#c71 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 includes-- 7#a7 an evaluation of the performance of the electric grid as of the date of the report2 and 7#b7 a description of the projected range of measurable costs and benefits associated with the changes evaluated under the scenarios developed under section #acjd;,a of the ,energy ,independence and ,security ,act of #bjjg4 7b7 ,considerations for development of metrics ,in developing metrics for the evaluation and projections under subsection 7a71 the ,secretary of ,energy shall consider-- 7#a7 standard methodologies for calculating improvements or deteriorations in the performance metrics1 such as reliability1 grid efficiency1 power quality1 consumer satisfaction1 sustainability1 and financial incentives2 7#b7 standard methodologies for calculating potential costs and measurable benefits value to ratepayers1 applying the performance metrics developed under paragraph 7#a72 7#c7 identification of tools1 resources1 and deployment models that may enable improved performance through the adoption of emerging1 commercially available or advanced grid technologies or solutions1 including-- 7,a7 multicustomer micro-grids2 7,b7 distributed energy resources2 7,c7 energy storage2 7,d7 electric vehicles2 7,e7 electric vehicle charging infrastructure2 7,f7 integrated information and communications systems2 7,g7 transactive energy systems2 and 7,h7 advanced demand management systems2 and 7#d7 the role of ,states and local regulatory authorities in enabling a robust future electric grid to ensure that-- 7,a7 electric utilities remain financially viable2 7,b7 electric utilities make the needed investments that ensure a reliable1 secure1 and resilient grid2 and 7,c7 costs incurred to transform to an integrated grid are allocated and recovered responsibly1 efficiently1 and equitably4 #hjaj4 ,voluntary ,state1 regional1 and local electricity distribution planning 7a7 ,in general ,on the request of a ,state1 regional organization1 or electric utility1 the ,secretary of ,energy shall provide assistance to ,states1 regional organizations1 and electric utilities to facilitate the development of ,state1 regional1 and local electricity distribution plans by-- 7#a7 conducting a resource assessment and analysis of future demand and distribution requirements2 and 7#b7 developing open source tools for ,state1 regional1 and local planning and operations4 7b7 ,risk and security analysis ,the assessment under subsection 7a77#a7 shall include-- 7#a7 the evaluation of the physical security1 cybersecurity1 and associated communications needs of an advanced distribution management system and the integration of distributed energy resources2 and 7#b7 advanced use of grid architecture to analyze risks in an all-hazards approach that includes communications infrastructure1 control systems architecture1 and power systems architecture4 7c7 ,designation ,the information collected for the assessment and analysis under subsection 7a77#a7-- 7#a7 shall be considered to be critical electric infrastructure information under section #bae;,a of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo-#a72 and 7#b7 shall only be released in compliance with regulations implementing that section4 7d7 ,technical assistance ,for the purpose of assisting in the development of ,state and regional electricity distribution plans1 the ,secretary shall provide technical assistance to-- 7#a7 ,states2 7#b7 regional reliability entities2 and 7#c7 other distribution asset owners and operators4 7e7 ,withdrawal ,a ,state or any entity that has requested technical assistance under this section may withdraw the request for technical assistance at any time1 and on such withdrawal1 the ,secretary shall terminate all assistance efforts4 7f7 ,effect ,nothing in this section authorizes the ,secretary to require any ,state1 regional organization1 regional reliability entity1 asset owner1 or asset operator to adopt any model1 tool1 plan1 analysis1 or assessment4 #hjaa4 ,micro-grid and integrated micro-grid systems program 7a7 ,definitions ,in this section3 7#a7 ,integrated micro-grid system ,the term integrated micro-grid system means a micro-grid system that-- 7,a7 comprises generation from both conventional and renewable energy resources2 and 7,b7 may use grid-scale energy storage4 7#b7 ,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 grid4 7#c7 ,micro-grid system ,the term micro-grid system means a localized grid that operates autonomously1 regardless of whether the grid can operate in connection with another grid4 7#d7 ,rural electric cooperative ,the term rural electric cooperative means an electric cooperative 7as defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif77 that sells electric energy to persons in rural areas4 7#e7 ,strategy ,the term strategy means the strategy developed pursuant to subsection 7b77#b77;,b74 7b7 ,program 7#a7 ,establishment ,the ,secretary of ,energy 7in this section referred to as the ,secretary7 shall establish a program to promote the development of-- 7,a7 integrated micro-grid systems for isolated communities2 and 7,b7 micro-grid systems to increase the resilience of critical infrastructure4 7#b7 ,requirements ,the program established under paragraph 7#a7 shall-- 7,a7 develop a feasibility assessment for-- 7i7 integrated micro-grid systems in isolated communities2 and 7ii7 micro-grid systems to enhance the resilience of critical infrastructure2 7,b7 develop an implementation strategy1 in accordance with paragraph 7#c71 to promote the development of integrated micro-grid systems for isolated communities1 particularly for those communities exposed to extreme weather conditions and high energy costs1 including electricity1 space heating and cooling1 and transportation2 7,c7 develop an implementation strategy to promote the development of micro-grid systems that increase the resilience of critical infrastructure2 and 7,d7 carry out cost-shared demonstration projects1 based upon the strategies developed under subparagraph 7,b7 that include the development of physical and cybersecurity plans to take appropriate measures to protect and secure the electric grid4 7#c7 ,requirements for strategy ,in developing the strategy under paragraph 7#b77;,b71 the ,secretary shall consider-- 7,a7 opportunities for improving the efficiency of existing integrated micro-grid systems2 7,b7 the capacity of the local workforce to operate1 maintain1 and repair a integrated micro-grid system as well as opportunities to improve that capacity2 7,c7 leveraging existing capacity within local or regional research organizations1 such as organizations based at institutions of higher education1 to support development of integrated micro-grid systems1 including by testing novel components and systems prior to field deployment2 7,d7 the need for basic infrastructure to develop1 deploy1 and sustain a integrated micro-grid system2 7,e7 input of traditional knowledge from local leaders of isolated communities in the development of a integrated micro-grid system2 7,f7 the impact of integrated micro-grid systems on defense1 homeland security1 economic development1 and environmental interests2 7,g7 opportunities to leverage existing interagency coordination efforts and recommendations for new interagency coordination efforts to minimize unnecessary overhead1 mobilization1 and other project costs2 and 7,h7 any other criteria the ,secretary determines appropriate4 7c7 ,collaboration ,the program established under subsection 7b77#a7 shall be carried out in collaboration with relevant stakeholders1 including1 as appropriate-- 7#a7 ,states2 7#b7 ,indian ,tribes2 7#c7 regional entities and regulators2 7#d7 units of local government2 7#e7 institutions of higher education2 and 7#f7 private sector entities4 7d7 ,report ,not later than #ahj days after the date of enactment of this ,act1 and annually thereafter until calendar year #bjbi1 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 7b77#a7 and the status of the strategy developed under subsection 7b77#b77;,b74 7e7 ,barriers and benefits to micro-grid systems 7#a7 ,report ,not later than #bgj days after the date of enactment of this ,act1 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 of1 and barriers to1 implementing resilient micro-grid systems that are-- 7,a7 7i7 owned or operated by an isolated community1 rural electric cooperative1 or municipal government2 or 7ii7 operated on behalf of a municipal government or rural electric cooperative2 and 7,b7 designed to maximize the use of-- 7i7 energy-generation facilities owned or operated by isolated communities2 or 7ii7 a municipal or rural electric cooperative energy-generation facility4 7#b7 ,grants to overcome barriers ,the ,secretary shall award grants of not more than #ejj1jjj to not fewer than #bj municipal governments1 rural electric cooperatives1 or isolated communities1 up to a total of #ae1jjj1jjj1 each year to assist those municipal governments1 rural electric cooperatives1 and isolated communities in overcoming the barriers identified in the report under paragraph 7#a74 #hjab4 ,technical amendments2 authorization of appropriations 7a7 ,technical amendments 7#a7 ,energy ,independence and ,security ,act of #bjjg ,section #a7;b7 of the ,energy ,independence and ,security ,act of #bjjg is amended in the table of contents-- 7,a7 by inserting the following after the item related to section #acf3 ,sec4 #acg4 ,research and development into integrating electric vehicles onto the electric grid4 2 7,b7 by inserting the following after the item related to section #acjd3 ,sec4 #acjd;,a4 ,smart grid modeling1 visualization1 architecture1 and controls4 2 and 7,c7 by inserting the following after the item related to section #acji3 ,sec4 #acaj4 ,integrated energy systems4 ,sec4 #acaa4 ,advisory committee4 4 7#b7 ,energy ,policy ,act of #bjje ,section #a7;b7 of the ,energy ,policy ,act of #bjje is amended in the table of contents by inserting the following after the item related to section #ice3 ,sec4 #icf4 ,research and development into integrating renewable energy onto the electric grid4 4 7b7 ,authorization of appropriations ,there are authorized to be appropriated-- 7#a7 to carry out section #hjjf and the amendments made by sections #hjja1 #hjjb1 and #hjje of this title-- 7,a7 #age1jjj1jjj for fiscal year #bjba2 7,b7 #ahj1jjj1jjj for fiscal year #bjbb2 7,c7 #ahe1jjj1jjj for fiscal year #bjbc2 7,d7 #aij1jjj1jjj for fiscal year #bjbd2 and 7,e7 #aii1ejj1jjj for fiscal year #bjbe2 7#b7 to carry out sections #hjjg1 #hjjh1 #hjji1 #hjaj1 and #hjaa of this title #age1jjj1jjj for each of fiscal years #bjba through #bjbe2 7#c7 to carry out section #hjjc of this title-- 7,a7 #ba1jjj1jjj for fiscal year #bjba2 7,b7 #bb1jej1jjj for fiscal year #bjbb2 7,c7 #bc1aec1jjj for fiscal year #bjbc2 7,d7 #bd1caj1jjj for fiscal year #bjbd2 and 7,e7 #be1ebe1jjj for fiscal year #bjbe2 and 7#d7 to carry out section #hjjd of this title-- 7,a7 #eb1ejj1jjj for fiscal year #bjba2 7,b7 #ee1aeb1jjj for fiscal year #bjbb2 7,c7 #eg1hhb1jjj for fiscal year #bjbc2 7,d7 #fj1gge1jjj for fiscal year #bjbd2 and 7,e7 #fc1had1jjj for fiscal year #bjbe4 #hjac4 ,indian energy 7a7 ,definition of ,indian land ,section #bfja7b7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja7b77 is amended-- 7#a7 in subparagraph 7,b77iii71 by striking and2 7#b7 in subparagraph 7,c71 by striking land4 and inserting land22 and 7#c7 by adding at the end the following subparagraphs3 7,d7 any land located in a census tract in which the majority of residents are ,natives 7as defined in section #c7;b7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb7;b7772 and 7,e7 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 village4 4 7b7 ,reduction of cost share ,section #bfjb7;b77#e7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;b77#e77 is amended by adding at the end the following subparagraphs3 7,d7 ,the ,secretary of ,energy may reduce any applicable cost share required of an ,indian tribe1 intertribal organization1 or tribal energy development organization in order to receive a grant under this subsection to not less than #aj percent if the ,indian tribe1 intertribal organization1 or tribal energy development organization meets criteria developed by the ,secretary of ,energy1 including financial need4 7,e7 ,section #ihh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb7 shall not apply to assistance provided under this subsection4 4 7c7 ,authorization of appropriations ,section #bfjb7;b77#g7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;b77#g77 is amended by striking #bj1jjj1jjj for each of fiscal years #bjjf through #bjaf and inserting #cj1jjj1jjj for each of fiscal years #bjba through #bjbe4 #hjad4 ,report on electricity access and reliability 7a7 ,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 land1 and the reliability of electric service available to households residing in ,tribal communities or on ,indian land1 as compared to the status of access to and reliability of electricity within neighboring ,states or within the ,state in which ,indian land is located4 7b7 ,consultation ,the ,secretary of ,energy shall consult with ,indian ,tribes1 ,tribal organizations1 the ,north ,american ,electricity ,reliability ,corporation1 and the ,federal ,energy ,regulatory ,commission in the development and conduct of the assessment under subsection 7a74 ,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 assessment1 prior to the submission of the report under subsection 7c74 7c7 ,report ,not later than #ah months after the date of enactment of this ,act1 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 7a71 which shall include-- 7#a7 a description of generation1 transmission1 and distribution assets available to provide electricity to households residing in ,tribal communities or on ,indian land2 7#b7 a survey of the retail and wholesale prices of electricity available to households residing in ,tribal communities or on ,indian land2 7#c7 a description of participation of ,tribal members in the electric utility workforce1 including the workforce for construction and maintenance of renewable energy resources and distributed energy resources2 7#d7 the percentage of households residing in ,tribal communities or on ,indian land that do not have access to electricity2 7#e7 the potential of distributed energy resources to provide electricity to households residing in ,tribal communities or on ,indian land2 7#f7 the potential for tribally-owned electric utilities or electric utility assets to participate in or benefit from regional electricity markets2 7#g7 a description of the barriers to providing access to electric service to households residing in ,tribal communities or on ,indian land2 and 7#h7 recommendations to improve access to and reliability of electric service for households residing in ,tribal communities or on ,indian land4 7d7 ,definitions ,in this section3 7#a7 ,tribal member ,the term ,tribal member means a person who is an enrolled member of a federally recognized ,tribe or village4 7#b7 ,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 village4 #hjae4 ,net metering study and evaluation 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy shall seek to enter into an agreement with the ,national ,academies of ,sciences1 ,engineering1 and ,medicine 7referred to in this section as the ,national ,academies7 under which the ,national ,academies shall-- 7#a7 study the opportunities and challenges associated with net metering2 and 7#b7 evaluate the expected medium- and long-term impacts of net metering4 7b7 ,elements ,the study and evaluation conducted pursuant to the agreement entered into under subsection 7a7 shall address-- 7#a7 developments in net metering1 including the emergence of new technologies2 7#b7 alternatives to existing metering systems that-- 7,a7 provide for transactions that-- 7i7 measure electric energy consumption by an electric consumer at the home or facility of that electric consumer2 and 7ii7 are capable of sending electric energy usage information through a communications network to an electric utility2 7,b7 promote equitable distribution of resources and costs2 and 7,c7 provide incentives for the use of distributed renewable generation2 7#c7 net metering planning and operating techniques2 7#d7 effective architecture for net metering2 7#e7 successful net metering business models2 7#f7 consumer and industry incentives for net metering2 7#g7 the role of renewable resources in the electric grid2 7#h7 the role of net metering in developing future models for renewable infrastructure2 and 7#i7 the use of battery storage with net metering4 7c7 ,report 7#a7 ,in general ,the agreement entered into under subsection 7a7 shall require the ,national ,academies to submit to the ,secretary of ,energy1 not later than #b years after entering into the agreement1 a report that describes the results of the study and evaluation conducted pursuant to the agreement4 7#b7 ,public availability ,the report submitted under paragraph 7#a7 shall be made available to the public through electronic means1 including the internet4 ,,ix ,department of ,energy ,innovation #ijja4 ,office of technology transitions ,section #ajja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7 is amended-- 7#a7 by striking subsection 7a7 and all that follows through ,the ,coordinator in subsection 7b7 and inserting the following3 7a7 ,office of technology transitions 7#a7 ,establishment ,there is established within the ,department an ,office of ,technology ,transitions 7referred to in this section as the ,office74 7#b7 ,mission ,the mission of the ,office shall be-- 7,a7 to expand the commercial impact of the research investments of the ,department2 and 7,b7 to focus on commercializing technologies that support the missions of the ,department1 including reducing greenhouse gas emissions and other pollutants4 7#c7 ,goals 7,a7 ,in general ,in carrying out the mission and activities of the ,office1 the ,chief ,commercialization ,officer appointed under paragraph 7#d7 shall1 with respect to commercialization activities1 meet all of the goals described in subparagraph 7,b74 7,b7 ,goals described ,the goals referred to in subparagraph 7,a7 are the following3 7i7 ,reduction of greenhouse gas emissions and other pollutants4 7ii7 ,ensuring economic competitiveness4 7iii7 ,enhancement of domestic energy security and national security4 7iv7 ,enhancement of domestic jobs4 7v7 ,improvement of energy efficiency4 7vi7 ,any other goals to support the transfer of technology developed by ,department-funded programs to the private sector1 as consistent with missions of the ,department4 7#d7 ,chief commercialization officer 7,a7 ,in general ,the ,office shall be headed by an officer1 who shall be known as the ,chief ,commercialization ,officer1 and who shall report directly to1 and be appointed by1 the ,secretary4 7,b7 ,principal advisor ,the ,chief ,commercialization ,officer shall be the principal advisor to the ,secretary on all matters relating to technology transfer and commercialization4 7,c7 ,qualifications ,the ,chief ,commercialization ,officer 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking subsection 7d7 and inserting subsection 7b72 7,b7 by redesignating paragraphs 7#a7 through 7#d7 as clauses 7i7 through 7iv71 respectively1 and indenting appropriately2 and 7,c7 by striking the subsection designation and heading and all that follows through ,the ,coordinator in the matter preceding clause 7i7 7as so redesignated7 and inserting the following3 7,d7 ,duties ,the ,chief ,commercialization ,officer 2 7#c7 by adding at the end of subsection 7a7 7as amended by paragraph 7#b77;,c77 the following3 7#e7 ,coordination ,in carrying out the mission and activities of the ,office1 the ,chief ,commercialization ,officer shall coordinate with the senior leadership of the ,department1 other relevant program offices of the ,department1 ,national ,laboratories1 the ,technology ,transfer ,working ,group established under subsection 7b71 the ,technology ,transfer ,policy ,board1 and other stakeholders 7including private industry74 2 7#d7 by redesignating subsections 7d7 through 7h7 as subsections 7b7 through 7f71 respectively2 7#e7 in subsection 7f7 7as so redesignated71 by striking subsection 7e7 and inserting subsection 7c72 and 7#f7 by adding at the end the following3 7g7 ,additional technology transfer programs ,the ,secretary may develop additional programs to-- 7#a7 support regional energy innovation systems2 7#b7 support clean energy incubators2 7#c7 provide small business vouchers2 7#d7 provide financial and technical assistance for entrepreneurial fellowships at national laboratories2 7#e7 encourage students1 energy researchers1 and national laboratory employees to develop entrepreneurial skillsets and engage in entrepreneurial opportunities2 7#f7 support private companies and individuals in partnering with ,national ,laboratories2 and 7#g7 further support the mission and goals of the ,office4 4 #ijjb4 ,lab partnering service pilot program 7a7 ,pilot program 7#a7 ,in general ,the ,secretary of ,energy 7in this section referred to as the ,secretary71 acting through the ,chief ,commercialization ,officer established in section #ajja7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7;a771 shall establish a ,lab ,partnering ,service ,pilot ,program 7hereinafter in this section referred to as the pilot program74 7#b7 ,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 entities1 and to improve communication of research1 development1 demonstration1 and commercial application projects and opportunities at the ,national ,laboratories to potential partners through the development of a website and the provision of services1 in collaboration with relevant external entities1 and to identify and develop metrics regarding the effectiveness of such partnerships4 7#c7 ,activities ,in carrying out this pilot program1 the ,secretary shall-- 7,a7 conduct outreach to and engage with relevant public and private entities2 7,b7 identify and disseminate best practices for strengthening connections between the ,national ,laboratories and public and private sector entities2 and 7,c7 develop a website to disseminate information on-- 7i7 different partnering mechanisms for working with the ,national ,laboratories2 7ii7 ,national ,laboratory experts and research areas2 and 7iii7 ,national ,laboratory facilities and user facilities4 7b7 ,metrics ,the ,secretary shall support the development of metrics1 including conversion metrics1 to determine the effectiveness of the pilot program in achieving the purposes in subsection 7a7 and the number and types of partnerships established between public and private sector entities and the ,national ,laboratories compared to baseline data4 7c7 ,coordination ,in carrying out the activities authorized in this section1 the ,secretary shall coordinate with the ,directors of 7and dedicated technology transfer staff at7 the ,national ,laboratories1 in particular for matchmaking services for individual projects1 which should be led by the ,national ,laboratories4 7d7 ,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 section4 7e7 ,duration ,subject to the availability of appropriations1 the pilot program established in this section shall operate for not less than #c years and may be built off an existing program4 7f7 ,evaluation ,not later than #f months after the completion of this pilot program1 the ,secretary shall support the evaluation of the success of the pilot program in achieving the purposes in subsection 7a7 and shall submit the evaluation to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 ,the assessment shall include analyses of the performance of the pilot program based on the metrics developed under subsection 7b74 7g7 ,definition ,in this section1 the term ,national ,laboratory has the meaning given such term in section #b7c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja7c774 #ijjc4 ,technology commercialization fund ,section #ajja7;e7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7;e77 is amended to read as follows3 7e7 ,technology commercialization fund 7#a7 ,establishment ,the ,secretary1 acting through the ,chief ,commercialization ,officer established in section #ajja7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7;a771 shall establish a ,technology ,commercialization ,fund 7hereafter referred to as the ,fund71 using nine-tenths of one percent of the amount of appropriations made available to the ,department for applied energy research1 development1 demonstration1 and commercial application for each fiscal year1 to be used to provide1 in accordance with the cost-sharing requirements under section #ihh1 funds to private partners1 including national laboratories1 to promote promising energy technologies for commercial purposes4 7#b7 ,applications 7,a7 ,considerations ,the ,secretary shall develop criteria for evaluating applications for funding under this section1 which may include-- 7i7 the potential that a proposed technology will result in a commercially successful product within a reasonable timeframe2 and 7ii7 the relative maturity of a proposed technology for commercial application4 7,b7 ,selections ,in awarding funds under this section1 the ,secretary may give special consideration to applications that involve at least one applicant that has participated in an entrepreneurial or commercialization training program1 such as ,energy ,innovation ,corps4 7f7 ,annual report ,the ,secretary shall include in the annual report required under section #ijjg7;a7 of the ,energy ,act of #bjbj-- 7#a7 description of the projects carried out with awards from the ,fund for that fiscal year2 7#b7 each project's cost-share for that fiscal year2 and 7#c7 each project's partners for that fiscal year4 7g7 ,technology commercialization fund report 7#a7 ,in general ,not later than #a year after the date of enactment of the ,energy ,act of #bjbj1 the ,secretary shall submit to the ,committee on ,science1 ,space1 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 ,fund4 7#b7 ,contents ,the report under subparagraph 7,a7 shall include-- 7,a7 a summary1 with supporting data1 of how much ,department program offices contribute to and use the ,fund each year1 including a list of current funding restrictions2 7,b7 recommendations on how to improve implementation and administration of the ,fund2 and 7,c7 an analysis on how to spend funds optimally on technology areas that have the greatest need and opportunity for commercial application1 rather than spending funds at the programmatic level or under current funding restrictions4 4 #ijjd4 ,streamlining prize competitions ,section #ajjh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcif7 is amended by inserting after subsection 7d7 the following 7and redesignating subsections 7f7 and 7g7 as subsections 7g7 and 7h71 respectively73 7e7 ,coordination ,in carrying out subsection 7a71 and for any prize competitions under section #aje of the ,america ,creating ,opportunities to ,meaningfully ,promote ,excellence in ,technology1 ,education1 and ,science ,reauthorization ,act of #bjaj1 the ,secretary shall-- 7#a7 issue ,department-wide guidance on the design1 development1 and implementation of prize competitions2 7#b7 collect and disseminate best practices on the design and administration of prize competitions2 7#c7 streamline contracting mechanisms for the implementation of prize competitions2 and 7#d7 provide training and prize competition design support1 as necessary1 to ,department staff to develop prize competitions and challenges4 4 #ijje4 ,milestone-based demonstration projects 7a7 ,in general ,acting under section #fdf7;g7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gbef7;g771 notwithstanding paragraph 7#aj7 of such section1 the ,secretary of ,energy 7in this section referred to as the ,secretary7 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 process4 7b7 ,requirements ,in carrying out milestone-based demonstration projects under the authority in paragraph 7#a71 the ,secretary shall1 for each relevant project-- 7#a7 request proposals from eligible entities1 as determined by the ,secretary1 including-- 7,a7 a business plan1 that may include a plan for scalable manufacturing and a plan for addressing supply chain gaps2 7,b7 a plan for raising private sector investment2 and 7,c7 proposed technical and financial milestones1 including estimated project timelines and total costs2 and 7#b7 award funding of a predetermined amount to projects that successfully meet proposed milestones under paragraph 7#a77;,c7 or for expenses deemed reimbursable by the ,secretary1 in accordance with terms negotiated for an individual award2 7#c7 require cost sharing in accordance with section #ihh of the ,energy ,policy ,act of #bjje2 and 7#d7 communicate regularly with selected eligible entities and1 if the ,secretary deems appropriate1 exercise small amounts of flexibility for technical and financial milestones as projects mature4 7c7 ,awards ,for the program established under subsection 7a7-- 7#a7 an award recipient shall be responsible for all costs until milestones are achieved1 or reimbursable expenses are reviewed and verified by the ,department2 and 7#b7 should an awardee not meet the milestones described in subsection 7a71 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 section4 7d7 ,project management ,in carrying out projects under this program and assessing the completion of their milestones in accordance with subsection 7b71 the ,secretary shall consult with experts that represent diverse perspectives and professional experiences1 including those from the private sector1 to ensure a complete and thorough review4 7e7 ,report ,in accordance with section #ijjg7;a71 the ,secretary shall report annually on any demonstration projects carried out using the authorities under this section4 #ijjf4 ,other transaction authority extension 7a7 ,subsection #fdf7;g77#aj7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gbef7;g77#aj77 is amended by striking ,september #cj1 #bjbj and inserting ,september #cj1 #bjcj4 7b7 ,the provisions of section #fjb of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cbab7 shall apply with respect to construction1 alteration1 or repair work of demonstration projects funded by grants or contracts authorized under sections #cjja1 #cjjc1 #cjjd1 #ejja1 and #hjjg and the amendments made by such sections4 #ijjg4 ,technology transfer reports and evaluation 7a7 ,annual report ,as part of the updated technology transfer execution plan required each year under section #ajja7;h77#b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7;g77#b771 the ,secretary of ,energy 7in this section referred to as the ,secretary7 shall submit to the ,committee on ,science1 ,space1 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 #ijja1 #ijjb1 #ijjc1 #ijjd1 and #ijje of this ,act4 7b7 ,evaluation ,not later than #c years after the enactment of this ,act and every #c years thereafter the ,secretary shall submit to the ,committee on ,science1 ,space1 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 #ijja1 #ijjb1 #ijjc1 #ijjd1 and #ijje of this ,act are achieving success based on relevant short-term and long-term metrics4 7c7 ,report on technology transfer gaps ,not later than #c years after the enactment of this ,act1 the ,secretary shall enter into an agreement with the ,national ,academies of ,science1 ,engineering1 and ,medicine to submit to the ,committee on ,science1 ,space1 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 7as defined in section #b7c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja7c7774 #ijjh4 ,veterans' health initiative 7a7 ,purposes ,the purposes of this section are to advance ,department of ,energy expertise in artificial intelligence and high-performance computing in order to improve health outcomes for veteran populations by-- 7#a7 supporting basic research through the application of artificial intelligence1 high-performance computing1 modeling and simulation1 machine learning1 and large-scale data analytics to identify and solve outcome-defined challenges in the health sciences2 7#b7 maximizing the impact of the ,department of ,veterans ,affairs' health and genomics data housed at the ,national ,laboratories1 as well as data from other sources1 on science1 innovation1 and health care outcomes through the use and advancement of artificial intelligence and high-performance computing capabilities of the ,department2 7#c7 promoting collaborative research through the establishment of partnerships to improve data sharing between ,federal agencies1 ,national ,laboratories1 institutions of higher education1 and nonprofit institutions2 7#d7 establishing multiple scientific computing user facilities to house and provision available data to foster transformational outcomes2 and 7#e7 driving the development of technology to improve artificial intelligence1 high-performance computing1 and networking relevant to mission applications of the ,department1 including modeling1 simulation1 machine learning1 and advanced data analytics4 7b7 ,veterans health research and development 7#a7 ,in general ,the ,secretary of ,energy 7in this section referred to as the ,secretary7 shall establish and carry out a research program in artificial intelligence and high-performance computing1 focused on the development of tools to solve large-scale data analytics and management challenges associated with veteran's healthcare1 and to support the efforts of the ,department of ,veterans ,affairs to identify potential health risks and challenges utilizing data on long-term healthcare1 health risks1 and genomic data collected from veteran populations4 ,the ,secretary shall carry out this program through a competitive1 merit-reviewed process1 and consider applications from ,national ,laboratories1 institutions of higher education1 multi-institutional collaborations1 and other appropriate entities4 7#b7 ,program components ,in carrying out the program established under paragraph 7#a71 the ,secretary may-- 7,a7 conduct basic research in modeling and simulation1 machine learning1 large-scale data analytics1 and predictive analysis in order to develop novel or optimized algorithms for prediction of disease treatment and recovery2 7,b7 develop methods to accommodate large data sets with variable quality and scale1 and to provide insight and models for complex systems2 7,c7 develop new approaches and maximize the use of algorithms developed through artificial intelligence1 machine learning1 data analytics1 natural language processing1 modeling and simulation1 and develop new algorithms suitable for high-performance computing systems and large biomedical data sets2 7,d7 advance existing and construct new data enclaves capable of securely storing data sets provided by the ,department of ,veterans ,affairs1 ,department of ,defense1 and other sources2 and 7,e7 promote collaboration and data sharing between ,national ,laboratories1 research entities1 and user facilities of the ,department by providing the necessary access and secure data transfer capabilities4 7#c7 ,coordination ,in carrying out the program established under paragraph 7#a71 the ,secretary is authorized-- 7,a7 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' healthcare2 7,b7 to consult with the ,department of ,veterans ,affairs and other ,federal agencies as appropriate2 and 7,c7 to ensure that data storage meets all privacy and security requirements established by the ,department of ,veterans ,affairs1 and that access to data is provided in accordance with relevant ,department of ,veterans ,affairs data access policies1 including informed consent4 7#d7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources and the ,committee on ,veterans' ,affairs of the ,senate1 and the ,committee on ,science1 ,space1 and ,technology and the ,committee on ,veterans' ,affairs of the ,house of ,representatives1 a report detailing the effectiveness of-- 7,a7 the interagency coordination between each ,federal agency involved in the research program carried out under this subsection2 7,b7 collaborative research achievements of the program2 and 7,c7 potential opportunities to expand the technical capabilities of the ,department4 7#e7 ,funding ,there is authorized to be appropriated to the ,secretary of ,veterans ,affairs to carry out this subsection #bg1jjj1jjj for fiscal year #bjba4 7c7 ,interagency collaboration 7#a7 ,in general ,the ,secretary is authorized to carry out research1 development1 and demonstration activities to develop tools to apply to big data that enable ,federal agencies1 institutions of higher education1 nonprofit research organizations1 and industry to better leverage the capabilities of the ,department to solve complex1 big data challenges4 ,the ,secretary shall carry out these activities through a competitive1 merit-reviewed process1 and consider applications from ,national ,laboratories1 institutions of higher education1 multi-institutional collaborations1 and other appropriate entities4 7#b7 ,activities ,in carrying out the research1 development1 and demonstration activities authorized under paragraph 7#a71 the ,secretary may-- 7,a7 utilize all available mechanisms to prevent duplication and coordinate research efforts across the ,department2 7,b7 establish multiple user facilities to serve as data enclaves capable of securely storing data sets created by ,federal agencies1 institutions of higher education1 nonprofit organizations1 or industry at ,national ,laboratories2 and 7,c7 promote collaboration and data sharing between ,national ,laboratories1 research entities1 and user facilities of the ,department by providing the necessary access and secure data transfer capabilities4 7#c7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report evaluating the effectiveness of the activities authorized under paragraph 7#a74 7#d7 ,funding ,there are authorized to be appropriated to the ,secretary to carry out this subsection #ae1jjj1jjj for each of fiscal years #bjba through #bjbe4 7d7 ,definition ,in this section1 the term ,national ,laboratory has the meaning given such term in section #b7c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja7c774 #ijji4 ,sustainable ,transportation ,research and ,development ,there are authorized to be appropriated to carry out research1 development1 demonstration1 and commercial application activities within the ,department of ,energy's ,offices of ,hydrogen and ,fuel ,cell ,technologies1 ,vehicle ,technologies1 and ,bioenergy ,technologies-- 7#a7 #hcj1jjj1jjj for fiscal year #bjba2 7#b7 #hee1jjj1jjj for fiscal year #bjbb2 and 7#c7 #hhj1jjj1jjj for fiscal year #bjbc4 #ijaj4 ,loan program office title ,,xvii reform 7a7 ,terms and conditions ,section #agjb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7 is amended-- 7#a7 by amending subsection 7b7 to read as follows3 7b7 ,specific appropriation or contribution 7#a7 ,in general ,except as provided in paragraph 7#b71 the cost of a guarantee shall be paid by the ,secretary using an appropriation made for the cost of the guarantee1 subject to the availability of such an appropriation4 7#b7 ,insufficient appropriations ,if sufficient appropriated funds to pay the cost of a guarantee are not available1 then the guarantee shall not be made unless-- 7,a7 the ,secretary has received from the borrower a payment in full for the cost of the guarantee and deposited the payment into the ,treasury2 or 7,b7 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 guarantee4 2 7#b7 in subsection 7d77#c71 by striking is not subordinate and inserting 1 including any reorganization1 restructuring1 or termination thereof1 shall not at any time be subordinate2 7#c7 in subsection 7h7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,the ,secretary shall charge1 and collect on or after the date of the financial close of an obligation1 a fee for a guarantee in an amount that the ,secretary determines is sufficient to cover applicable administrative expenses 7including any costs associated with third-party consultants engaged by the ,secretary74 2 and 7,b7 by adding at the following3 7#c7 ,reduction in fee amount ,notwithstanding paragraph 7#a7 and subject to the availability of appropriations1 the ,secretary may reduce the amount of a fee for a guarantee under this subsection4 2 and 7#d7 by adding at the end the following3 7l7 ,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 title1 including with respect to any deviations from the financial terms of the guarantee4 7m7 ,written analysis 7#a7 ,requirement ,the ,secretary may not make a guarantee under this title until the ,secretary of the ,treasury has transmitted to the ,secretary1 and the ,secretary has taken into consideration1 a written analysis of the financial terms and conditions of the proposed guarantee4 7#b7 ,transmission ,not later than #cj days after receiving information on a proposed guarantee from the ,secretary1 the ,secretary of the ,treasury shall transmit the written analysis of the financial terms and conditions of the proposed guarantee required under paragraph 7#a7 to the ,secretary4 7#c7 ,explanation ,if the ,secretary makes a guarantee the financial terms and conditions of which are not consistent with the written analysis required under this subsection1 not later than #cj days after making such guarantee1 the ,secretary shall submit to the ,committee on ,energy and ,commerce and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 and the ,committee on ,energy and ,natural ,resources of the ,senate1 a written explanation of any material inconsistencies4 7n7 ,application status 7#a7 ,request ,if the ,secretary does not make a final decision on an application for a guarantee under this title by the date that is #ahj days after receipt of the application by the ,secretary1 the applicant may request1 on or after that date and not more than once every #fj days thereafter until a final decision is made1 that the ,secretary provide to the applicant a response described in paragraph 7#b74 7#b7 ,response ,not later than #aj days after receiving a request from an applicant under paragraph 7#a71 the ,secretary shall provide to the applicant a response that includes-- 7,a7 a description of the current status of review of the application2 7,b7 a summary of any factors that are delaying a final decision on the application1 a list of what items are required in order to reach a final decision1 citations to authorities stating the reasons why such items are required1 and a list of actions the applicant can take to expedite the process2 and 7,c7 an estimate of when a final decision on the application will be made4 7o7 ,outreach ,in carrying out this title1 the ,secretary shall-- 7#a7 provide assistance with the completion of applications for a guarantee under this title2 7#b7 conduct outreach1 including through conferences and online programs1 to disseminate information to potential applicants2 7#c7 conduct outreach to encourage participation of supporting finance institutions and private lenders in eligible projects4 7p7 ,coordination ,in carrying out this title1 the ,secretary shall coordinate activities under this title with activities of other relevant offices with the ,department4 7q7 ,report ,not later than #b years after the date of the enactment of this subsection and every #c years thereafter1 the ,secretary shall submit to ,congress a report on the status of applications for1 and projects receiving1 guarantees under this title1 including-- 7#a7 a list of such projects1 including the guarantee amount1 construction status1 and financing partners of each such project2 7#b7 the status of each such project's loan repayment1 including interest paid and future repayment projections2 7#c7 an estimate of the air pollutant or greenhouse gas emissions avoided or reduced from each such project2 7#d7 data regarding the number of direct and indirect jobs retained1 restored1 or created by such projects2 7#e7 identification of-- 7,a7 technologies deployed by projects that have received guarantees that have subsequently been deployed commercially without guarantees2 and 7,b7 novel technologies that have been deployed by such projects and deployed in the commercial energy market2 7#f7 the number of new projects projected to receive a guarantee under this title during the next #b years and the aggregate guarantee amount2 7#g7 the number of outreach engagements conducted with potential applicants2 7#h7 the number of applications received and currently pending for each open solicitation2 and 7#i7 any other metrics the ,secretary finds appropriate4 4 7b7 ,project eligibility expansion ,section #agjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeac7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting 1 utilize after reduce2 and 7,b7 in paragraph 7#b71 by striking 4 and inserting 1 including projects that employ elements of commercial technologies in combination with new or significantly improved technologies42 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#d71 by inserting 1 including manufacturing of nuclear supply components for advanced nuclear reactors after facilities2 7,b7 by amending paragraph 7#e7 to read as follows3 7#e7 ,carbon capture1 utilization1 and sequestration practices and technologies1 including-- 7,a7 agricultural and forestry practices that store and sequester carbon2 and 7,b7 synthetic technologies to remove carbon from the air and oceans4 2 and 7,c7 by adding at the end the following3 7#aa7 ,energy storage technologies for residential1 industrial1 transportation1 and power generation applications4 7#ab7 ,technologies or processes for reducing greenhouse gas emissions from industrial applications1 including iron1 steel1 cement1 and ammonia production1 hydrogen production1 and the generation of high-temperature heat4 2 and 7#c7 by adding at the end the following new subsection3 7f7 ,regional variation ,notwithstanding subsection 7a77#b71 the ,secretary may1 if regional variation significantly affects the deployment of a technology1 make guarantees under this title for up to #f projects that employ the same or similar technology as another project1 provided no more than #b projects that use the same or a similar technology are located in the same region of the ,united ,states4 4 7c7 ,authorization of appropriations ,section #agjd of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afead7 is amended by adding at the end the following3 7c7 ,administrative and other expenses ,there are authorized to be appropriated-- 7#a7 #cb1jjj1jjj for each of fiscal years #bjba through #bjbe to carry out this title2 and 7#b7 for fiscal year #bjba1 in addition to amounts authorized under paragraph 7#a71 #be1jjj1jjj1 to remain available until expended1 for administrative expenses described in section #agjb7;h77#a7 that are not covered by fees collected pursuant to section #agjb7;h74 4 #ijaa4 ,established ,program to ,stimulate ,competitive ,research ,section #bbjc7;b7 of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acejc7;b77 is amended by striking paragraph 7#c7 and inserting the following3 7#c7 ,established ,program to ,stimulate ,competitive ,research 7,a7 ,definitions ,in this paragraph3 7i7 ,eligible entity ,the term eligible entity means an institution of higher education located in an eligible jurisdiction4 7ii7 ,eligible jurisdiction ,the term eligible jurisdiction means a ,state that1 as determined by the ,secretary-- 7,i7 7aa7 historically has received relatively little ,federal research and development funding2 and 7bb7 has demonstrated a commitment-- 7,,aa7 to develop the research bases in the ,state2 and 7,,bb7 to improve science and engineering research and education programs at institutions of higher education in the ,state2 and 7,,ii7 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 #bjbj4 7iii7 ,e,p,s,co,r ,the term ,e,p,s,co,r means the ,established ,program to ,stimulate ,competitive ,research operated under subparagraph 7,b74 7iv7 ,national ,laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7v7 ,state ,the term ,state means-- 7,i7 a ,state2 7,,ii7 the ,district of ,columbia2 7,,iii7 the ,commonwealth of ,puerto ,rico2 7,,iv7 ,guam2 7,v7 the ,united ,states ,virgin ,islands2 7,,vi7 ,american ,samoa2 and 7,,vii7 the ,commonwealth of the ,northern ,mariana ,islands4 7,b7 ,program operation ,the ,secretary shall operate an ,established ,program to ,stimulate ,competitive ,research4 7,c7 ,objectives ,the objectives of ,e,p,s,co,r shall be-- 7i7 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 research1 environmental management1 and basic science2 7ii7 to enhance the capabilities of institutions of higher education in eligible jurisdictions to develop1 plan1 and execute research that is competitive in the peer-review process2 and 7iii7 to increase the probability of long-term growth of competitive funding to institutions of higher education in eligible jurisdictions4 7,d7 ,grants in areas of applied energy research1 environmental management1 and basic science 7i7 ,in general ,e,p,s,co,r 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 ,energy1 including-- 7,i7 energy efficiency1 fossil energy1 renewable energy1 and other applied energy research2 7,,ii7 electricity delivery research2 7,,iii7 cybersecurity1 energy security1 and emergency response2 7,,iv7 environmental management2 and 7,v7 basic science research4 7ii7 ,activities ,,epscor may make grants under this subparagraph for any activities consistent with the objectives described in subparagraph 7,c7 in the areas of applied energy research1 environmental management1 and basic science described in clause 7i71 including-- 7,i7 to support research at eligible entities that is carried out in partnership with the ,national ,laboratories2 7,,ii7 to provide for graduate traineeships2 7,,iii7 to support research by early career faculty2 and 7,,iv7 to improve research capabilities at eligible entities through biennial implementation grants4 7iii7 ,no cost sharing ,e,p,s,co,r shall not impose any cost-sharing requirement with respect to a grant made under this subparagraph4 7,e7 ,other activities ,e,p,s,co,r may carry out such activities as may be necessary to meet the objectives described in subparagraph 7,c7 in the areas of applied energy research1 environmental management1 and basic science described in subparagraph 7,d77i74 7,f7 ,program implementation 7i7 ,in general ,not later than #bgj days after the date of enactment of the ,energy ,act of #bjbj1 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 ,e,p,s,co,r4 7ii7 ,contents of plan ,the plan described in clause 7i7 shall include a description of-- 7,i7 the management structure of ,e,p,s,co,r1 which shall ensure that all research areas and activities described in this paragraph are incorporated into ,e,p,s,co,r2 7,,ii7 efforts to conduct outreach to inform eligible entities and faculty of changes to1 and opportunities under1 ,e,p,s,co,r2 7,,iii7 how ,e,p,s,co,r plans to increase engagement with eligible entities1 faculty1 and ,state committees1 including by holding regular workshops1 to increase participation in ,e,p,s,co,r2 and 7,,iv7 any other issues relating to ,e,p,s,co,r that the ,secretary determines appropriate4 7,g7 ,program evaluation 7i7 ,in general ,not later than #e years after the date of enactment of the ,energy ,act of #bjbj1 the ,secretary shall contract with a federally funded research and development center1 the ,national ,academy of ,sciences1 or a similar organization to carry out an assessment of the effectiveness of ,e,p,s,co,r1 including an assessment of-- 7,i7 the tangible progress made towards achieving the objectives described in subparagraph 7,c72 7,,ii7 the impact of research supported by ,e,p,s,co,r on the mission of the ,department of ,energy2 and 7,,iii7 any other issues relating to ,e,p,s,co,r that the ,secretary determines appropriate4 7ii7 ,limitation ,the organization with which the ,secretary contracts under clause 7i7 shall not be a ,national ,laboratory4 7iii7 ,report ,not later than #f years after the date of enactment of the ,energy ,act of #bjbj1 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 7i71 including recommendations for improvements that would enable the ,secretary to achieve the objectives described in subparagraph 7,c74 4 ,x ,,arpa-,e ,amendments #ajjja4 ,,arpa-,e amendments 7a7 ,establishment ,section #ejab7;b7 of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afech7;b77 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 ,department4 7b7 ,goals ,section #ejab7;c7 of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afech7;c77 is amended-- 7#a7 by striking paragraph 7#a77;,a7 and inserting the following3 7,a7 to enhance the economic and energy security of the ,united ,states through the development of energy technologies that-- 7i7 reduce imports of energy from foreign sources2 7ii7 reduce energy-related emissions1 including greenhouse gases2 7iii7 improve the energy efficiency of all economic sectors2 7iv7 provide transformative solutions to improve the management1 clean-up1 and disposal of radioactive waste and spent nuclear fuel2 and 7v7 improve the resilience1 reliability1 and security of infrastructure to produce1 deliver1 and store energy2 and 2 and 7#b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking energy technology projects and inserting advanced technology projects4 7c7 ,responsibilities ,section #ejab7;e77#c77;,a7 of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afech7;e77#c77;,a77 is amended by striking energy4 7d7 ,reports and roadmaps ,section #ejab7;h7 of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afech7;h77 is amended to read as follows3 7h7 ,reports and roadmaps 7#a7 ,annual report ,as part of the annual budget request submitted for each fiscal year1 the ,director shall provide to the relevant authorizing and appropriations committees of ,congress a report that-- 7,a7 describes projects supported by ,,arpa-,e during the previous fiscal year2 7,b7 describes projects supported by ,,arpa-,e during the previous fiscal year that examine topics and technologies closely related to other activities funded by the ,department1 and includes an analysis of whether in supporting such projects1 the ,director is in compliance with subsection 7i77#a72 and 7,c7 describes current1 proposed1 and planned projects to be carried out pursuant to subsection 7e77#c77;,d74 7#b7 ,strategic vision roadmap ,not later than ,october #a1 #bjba1 and every four years thereafter1 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 #d fiscal years4 4 7e7 ,coordination and nonduplication ,section #ejab7;i77#a7 of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afech7;i77#a77 is amended to read as follows3 7#a7 ,in general ,to the maximum extent practicable1 the ,director shall ensure that-- 7,a7 the activities of ,,arpa-,e are coordinated with1 and do not duplicate the efforts of1 programs and laboratories within the ,department and other relevant research agencies2 and 7,b7 ,,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 viable4 4 7f7 ,evaluation ,section #ejab7l7 of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afech7l77 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,not later than #c years after the date of enactment of this paragraph1 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-,e4 2 and 7#b7 in paragraph 7#b7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking shall and inserting may2 and 7,b7 in subparagraph 7,a71 by striking the recommendation of the ,national ,academy of ,sciences and inserting a recommendation4 7g7 ,authorization of appropriations ,paragraph 7#b7 of section #ejab7o7 of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afech7o77 is amended to read as follows3 7#b7 ,authorization of appropriations ,subject to paragraph 7#d71 there are authorized to be appropriated to the ,director for deposit in the ,fund1 without fiscal year limitation-- 7,a7 #dce1jjj1jjj for fiscal year #bjba2 7,b7 #ejj1jjj1jjj for fiscal year #bjbb2 7,c7 #ege1jjj1jjj for fiscal year #bjbc2 7,d7 #ffb1jjj1jjj for fiscal year #bjbd2 and 7,e7 #gfa1jjj1jjj for fiscal year #bjbe4 4 7h7 ,technical amendments ,section #ejab of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afech7 is amended-- 7#a7 in subsection 7g77#c77;,a77iii71 by striking subpart each place it appears and inserting subparagraph2 and 7#b7 in subsection 7o77#d77;,b71 by striking 7c77#b77;,d7 and inserting 7c77#b77;,c74 ,,xi ,other ,matters #aajja4 ,low-,dose ,radiation ,research 7a7 ,low-dose radiation research program ,section #cjf7;c7 of the ,department of ,energy ,research and ,innovation ,act 7#db ,u4,s4,c4 #ahfdd7;c77 is amended to read as follows3 7c7 ,low-dose radiation research program 7#a7 ,in general ,the ,secretary shall carry out a research program on low-dose and low dose-rate radiation to-- 7,a7 enhance the scientific understanding of1 and reduce uncertainties associated with1 the effects of exposure to low-dose and low dose-rate radiation2 and 7,b7 inform improved risk-assessment and risk-management methods with respect to such radiation4 7#b7 ,program components ,in carrying out the program required under paragraph 7#a71 the ,secretary shall-- 7,a7 support and carry out the directives under section #ajf7;b7 of the ,american ,innovation and ,competitiveness ,act 7#db ,u4,s4,c4 #ffja note71 except that such section shall be treated for purposes of this subsection as applying to low dose and low-dose rate radiation research1 in coordination with the ,physical ,science ,subcommittee of the ,national ,science and ,technology ,council2 7,b7 identify and1 to the extent possible1 quantify1 potential monetary and health-related impacts to ,federal agencies1 the general public1 industry1 research communities1 and other users of information produced by such research program2 7,c7 leverage the collective body of knowledge from existing low-dose and low dose-rate radiation research2 7,d7 engage with other ,federal agencies1 research communities1 and potential users of information produced under this section1 including institutions performing or utilizing radiation research1 medical physics1 radiology1 health physics1 and emergency response measures2 and 7,e7 support education and outreach activities to disseminate information and promote public understanding of low-dose radiation1 with a focus on non-emergency situations such as medical physics1 space exploration1 and naturally occurring radiation4 7#c7 ,research plan 7,a7 ,not later than #ij days after the date of enactment of the ,energy ,act of #bjbj1 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 7#b72 7,b7 ,not later than one year after the date of enactment of the ,energy ,act of #bjbj1 the ,secretary shall transmit this research plan developed in subparagraph 7,a7 to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 7#d7 ,,gao study ,not later than #c years after the date of enactment of the ,energy ,act of #bjbj1 the ,comptroller ,general shall transmit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate1 a report on3 7,a7 an evaluation of the program activities carried out under this section2 7,b7 the effectiveness of the coordination and management of the program2 and 7,c7 the implementation of the research plan outlined in paragraph 7#c74 7#f7 ,definitions ,in this subsection3 7,a7 ,low-dose radiation ,the term low-dose radiation means a radiation dose of less than #ajj millisieverts4 7,b7 ,low dose-rate radiation ,the term low dose-rate radiation means a radiation dose rate of less than #e millisieverts per hour4 7#g7 ,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 #igg7;e7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcag7;e774 7#h7 ,funding ,for purposes of carrying out this subsection1 the ,secretary is authorized to make available from funds provided to the ,biological and ,environmental ,research ,program-- 7,a7 #bj1jjj1jjj for fiscal year #bjba2 7,b7 #bj1jjj1jjj for fiscal year #bjbb2 7,c7 #cj1jjj1jjj for fiscal year #bjbc2 and 7,d7 #dj1jjj1jjj for fiscal year #bjbd4 4 7b7 ,space radiation research ,section #cjf of the ,department of ,energy ,research and ,innovation ,act 7#db ,u4,s4,c4 #ahfdd7 is amended by adding at the end the following3 7d7 ,space radiation research ,the ,secretary of ,energy1 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 orbit1 and in the space environment4 4 #aajjb4 ,authorization ,section #aab7;a77#a77;,b7 of the ,uranium ,mill ,tailings ,radiation ,control ,act of #aigh 7#db ,u4,s4,c4 #gibb7;a77#a77;,b77 is amended by striking ,september #cj1 #bjbc and inserting ,september #cj1 #bjca4 #aajjc4 ,sense of ,congress ,it is the sense of ,congress that in order to reduce emissions and meet #ajj percent of the power demand in the ,united ,states through clean1 renewable1 or zero emission energy sources while maintaining ,united ,states leadership in science and technology1 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 ,science4 #aajjd4 ,addressing insufficient compensation of employees and other personnel of the ,federal ,energy ,regulatory ,commission 7a7 ,in general ,section #dja of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaga7 is amended by adding at the end the following3 7k7 ,addressing insufficient compensation of employees and other personnel of the ,commission 7#a7 ,in general ,notwithstanding any other provision of law1 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 timely1 efficient1 and effective manner1 the ,chairman may fix the compensation for the category of employees or other personnel without regard to chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 or any other civil service law4 7#b7 ,certification requirements ,a certification issued under paragraph 7#a7 shall-- 7,a7 apply with respect to a category of employees or other personnel responsible for conducting work of a scientific1 technological1 engineering1 or mathematical nature2 7,b7 specify a maximum amount of reasonable compensation for the category of employees or other personnel2 7,c7 be valid for a #e-year period beginning on the date on which the certification is issued2 7,d7 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 timely1 efficient1 and effective manner2 and 7,e7 include an explanation for why the other approaches available to the ,chairman for retaining and attracting employees and other personnel are inadequate4 7#c7 ,renewal 7,a7 ,in general ,not later than #ij days before the date of expiration of a certification issued under paragraph 7#a71 the ,chairman shall determine whether the certification should be renewed for a subsequent #e-year period4 7,b7 ,requirement ,if the ,chairman determines that a certification should be renewed under subparagraph 7,a71 the ,chairman may renew the certification1 subject to the certification requirements under paragraph 7#b7 that were applicable to the initial certification4 7#d7 ,new hires 7,a7 ,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 7#a71 but was hired during a period in which the certification has expired and has not been renewed under paragraph 7#c7 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 hired4 7,b7 ,compensation of new hires on renewal ,on renewal of a certification under paragraph 7#c71 the ,chairman may fix the compensation of the employees or other personnel described in subparagraph 7,a7 at the level established for the category of employees or other personnel in the certification4 7#e7 ,retention of level of fixed compensation ,a category of employees or other personnel1 the compensation of which was fixed by the ,chairman in accordance with paragraph 7#a71 may1 at the discretion of the ,chairman1 have the level of fixed compensation for the category of employees or other personnel retained1 regardless of whether a certification described under that paragraph is in effect with respect to the compensation of the category of employees or other personnel4 7#f7 ,consultation required ,the ,chairman shall consult with the ,director of the ,office of ,personnel ,management in implementing this subsection1 including in the determination of the amount of compensation with respect to each category of employees or other personnel4 7#g7 ,experts and consultants 7,a7 ,in general ,subject to subparagraph 7,b71 the ,chairman may-- 7i7 obtain the services of experts and consultants in accordance with section #caji of title #e1 ,united ,states ,code2 7ii7 compensate those experts and consultants for each day 7including travel time7 at rates not in excess of the rate of pay for level ,,iv of the ,executive ,schedule under section #ecae of that title2 and 7iii7 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 #egjb and #egjc of that title for persons in ,government service employed intermittently4 7,b7 ,limitations ,the ,chairman shall-- 7i7 to the maximum extent practicable1 limit the use of experts and consultants pursuant to subparagraph 7,a72 and 7ii7 ensure that the employment contract of each expert and consultant employed pursuant to subparagraph 7,a7 is subject to renewal not less frequently than annually4 4 7b7 ,reports 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and every #b years thereafter for #aj years1 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 hiring1 vacancies1 and compensation at the ,federal ,energy ,regulatory ,commission4 7#b7 ,inclusions ,each report under paragraph 7#a7 shall include-- 7,a7 an analysis of any trends with respect to hiring1 vacancies1 and compensation at the ,federal ,energy ,regulatory ,commission2 and 7,b7 a description of the efforts to retain and attract employees or other personnel responsible for conducting work of a scientific1 technological1 engineering1 or mathematical nature at the ,federal ,energy ,regulatory ,commission4 7c7 ,applicability ,the amendment made by subsection 7a7 shall apply beginning on the date that is #cj days after the date of enactment of this ,act4 #aajje4 ,report on the authority of the ,secretary of ,energy to implement flexible compensation models ,not later than #ahj days after the date of enactment of this ,act1 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 models1 including pay for performance and pay banding1 throughout the ,department of ,energy1 including at the ,national ,laboratories1 for the purposes of hiring1 recruiting1 and retaining employees responsible for conducting work of a scientific1 technological1 engineering1 or mathematical nature4 ,,aa ,water ,resources ,development ,act of #bjbj #a4 ,short title2 table of contents 7a7 ,short title ,this division may be cited as the ,water ,resources ,development ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,division ,,aa--,water ,resources ,development ,act of #bjbj ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,secretary defined4 ,title ,i--,general ,provisions ,sec4 #aja4 ,budgetary treatment expansion and adjustment for the ,harbor ,maintenance ,trust ,fund4 ,sec4 #ajb4 ,authorization of appropriations for navigation4 ,sec4 #ajc4 ,annual report to ,congress on the ,harbor ,maintenance ,trust ,fund4 ,sec4 #ajd4 ,additional measures at donor ports and energy transfer ports4 ,sec4 #aje4 ,construction of water resources development projects by non-,federal interests4 ,sec4 #ajf4 ,coast ,guard anchorages4 ,sec4 #ajg4 ,state contribution of funds for certain operation and maintenance costs4 ,sec4 #ajh4 ,great ,lakes confined disposal facilities4 ,sec4 #aji4 ,inland waterway projects4 ,sec4 #aaj4 ,implementation of water resources principles and requirements4 ,sec4 #aaa4 ,resiliency planning assistance4 ,sec4 #aab4 ,project consultation4 ,sec4 #aac4 ,review of resiliency assessments4 ,sec4 #aad4 ,small flood control projects4 ,sec4 #aae4 ,flood ,protection ,projects4 ,sec4 #aaf4 ,feasibility studies2 review of natural and nature-based features4 ,sec4 #aag4 ,federal interest determination4 ,sec4 #aah4 ,pilot programs on the formulation of ,corps of ,engineers projects in rural communities and economically disadvantaged communities4 ,sec4 #aai4 ,permanent measures to reduce emergency flood fighting needs for communities subject to repetitive flooding4 ,sec4 #abj4 ,emergency response to natural disasters4 ,sec4 #aba4 ,cost and benefit feasibility assessment4 ,sec4 #abb4 ,expediting repairs and recovery from flooding4 ,sec4 #abc4 ,review of ,corps of ,engineers assets4 ,sec4 #abd4 ,sense of ,congress on multipurpose projects4 ,sec4 #abe4 ,beneficial use of dredged material2 dredged material management plans4 ,sec4 #abf4 ,aquatic ecosystem restoration for anadromous fish4 ,sec4 #abg4 ,annual report to ,congress on water resources infrastructure4 ,sec4 #abh4 ,harmful algal bloom demonstration program4 ,sec4 #abi4 ,missouri ,river interception-rearing complex construction4 ,sec4 #acj4 ,materials1 services1 and funds for repair1 restoration1 or rehabilitation of projects4 ,sec4 #aca4 ,levee safety4 ,sec4 #acb4 ,national ,dam ,safety ,program4 ,sec4 #acc4 ,rehabilitation of ,corps of ,engineers constructed pump stations4 ,sec4 #acd4 ,non-,federal ,project ,implementation ,pilot ,program4 ,sec4 #ace4 ,cost sharing provisions for territories and ,indian ,tribes4 ,sec4 #acf4 ,review of contracting policies4 ,sec4 #acg4 ,criteria for funding environmental infrastructure projects4 ,sec4 #ach4 ,aging infrastructure4 ,sec4 #aci4 ,uniformity of notification systems4 ,sec4 #adj4 ,coastal storm damage reduction contracts4 ,sec4 #ada4 ,dam remediation for ecosystem restoration4 ,sec4 #adb4 ,levee accreditation process2 levee certifications4 ,sec4 #adc4 ,project partnership agreement4 ,sec4 #add4 ,acceptance of funds for harbor dredging4 ,sec4 #ade4 ,replacement capacity4 ,sec4 #adf4 ,reviewing hydropower at ,corps of ,engineers facilities4 ,sec4 #adg4 ,repair and restoration of embankments4 ,sec4 #adh4 ,coastal mapping4 ,sec4 #adi4 ,interim risk reduction measures4 ,sec4 #aej4 ,maintenance dredging permits4 ,sec4 #aea4 ,high water-low water preparedness4 ,sec4 #aeb4 ,treatment of certain benefits and costs4 ,sec4 #aec4 ,lease deviations4 ,sec4 #aed4 ,sense of ,congress on ,arctic deep draft port development4 ,sec4 #aee4 ,small water storage projects4 ,sec4 #aef4 ,planning ,assistance to ,states4 ,sec4 #aeg4 ,forecast-informed reservoir operations4 ,sec4 #aeh4 ,data for water allocation1 supply1 and demand4 ,sec4 #aei4 ,inland waterways pilot program4 ,sec4 #afj4 ,definition of economically disadvantaged community4 ,sec4 #afa4 ,studies of water resources development projects by non-,federal interests4 ,sec4 #afb4 ,leveraging ,federal infrastructure for increased water supply4 ,sec4 #afc4 ,sense of ,congress on removal of unauthorized1 manmade1 flammable materials on ,corps property4 ,sec4 #afd4 ,enhanced development program4 ,sec4 #afe4 ,continuing authority programs4 ,title ,,ii--,studies and ,reports ,sec4 #bja4 ,authorization of proposed feasibility studies4 ,sec4 #bjb4 ,expedited completions4 ,sec4 #bjc4 ,expedited modifications of existing feasibility studies4 ,sec4 #bjd4 ,assistance to non-,federal sponsors2 feasibility analysis4 ,sec4 #bje4 ,selma1 ,alabama4 ,sec4 #bjf4 ,report on ,corps of ,engineers facilities in ,appalachia4 ,sec4 #bjg4 ,additional studies under ,north ,atlantic ,coast ,comprehensive ,study4 ,sec4 #bjh4 ,south ,atlantic coastal study4 ,sec4 #bji4 ,comprehensive study of the ,sacramento ,river1 ,yolo ,bypass1 ,california4 ,sec4 #baj4 ,lake ,okeechobee regulation schedule1 ,florida4 ,sec4 #baa4 ,great ,lakes coastal resiliency study4 ,sec4 #bab4 ,report on the status of restoration in the ,louisiana coastal area4 ,sec4 #bac4 ,lower ,mississippi ,river comprehensive management study4 ,sec4 #bad4 ,upper ,mississippi ,river ,comprehensive ,plan4 ,sec4 #bae4 ,upper ,missouri ,river ,basin mainstem dam fish loss research4 ,sec4 #baf4 ,lower and ,upper ,missouri ,river ,comprehensive ,flood ,protection4 ,sec4 #bag4 ,portsmouth ,harbor and ,piscataqua ,river and ,rye ,harbor1 ,new ,hampshire4 ,sec4 #bah4 ,cougar and ,detroit ,dams1 ,willamette ,river ,basin1 ,oregon4 ,sec4 #bai4 ,port ,orford1 ,oregon4 ,sec4 #bbj4 ,wilson ,creek and ,sloan ,creek1 ,fairview1 ,texas4 ,sec4 #bba4 ,study on water supply and water conservation at water resources development projects4 ,sec4 #bbb4 ,report to ,congress on authorized studies and projects4 ,sec4 #bbc4 ,completion of reports and materials4 ,sec4 #bbd4 ,emergency flooding protection for lakes4 ,sec4 #bbe4 ,report on debris removal4 ,sec4 #bbf4 ,report on antecedent hydrologic conditions4 ,sec4 #bbg4 ,subsurface drain systems research and development4 ,sec4 #bbh4 ,report on corrosion prevention activities4 ,sec4 #bbi4 ,annual reporting on dissemination of information4 ,sec4 #bcj4 ,report on benefits calculation for flood control structures4 ,title ,,iii--,deauthorizations and ,modifications ,sec4 #cja4 ,deauthorization of inactive projects4 ,sec4 #cjb4 ,abandoned and inactive noncoal mine restoration4 ,sec4 #cjc4 ,tribal partnership program4 ,sec4 #cjd4 ,lakes program4 ,sec4 #cje4 ,rehabilitation of ,corps of ,engineers constructed dams4 ,sec4 #cjf4 ,chesapeake ,bay ,environmental ,restoration and ,protection ,program4 ,sec4 #cjg4 ,upper ,mississippi ,river ,system ,environmental ,management ,program4 ,sec4 #cjh4 ,upper ,mississippi ,river protection4 ,sec4 #cji4 ,theodore ,ship ,channel1 ,mobile1 ,alabama4 ,sec4 #caj4 ,mc,clellan-,kerr ,arkansas ,river ,navigation ,system4 ,sec4 #caa4 ,ouachita and ,black ,rivers1 ,arkansas and ,louisiana4 ,sec4 #cab4 ,lake ,isabella1 ,california4 ,sec4 #cac4 ,lower ,san ,joaquin ,river flood control project4 ,sec4 #cad4 ,sacramento ,river1 ,glenn-,colusa1 ,california4 ,sec4 #cae4 ,san ,diego ,river and ,mission ,bay1 ,san ,diego ,county1 ,california4 ,sec4 #caf4 ,san ,francisco1 ,california1 ,waterfront ,area4 ,sec4 #cag4 ,western ,pacific ,interceptor ,canal1 ,sacramento ,river1 ,california4 ,sec4 #cah4 ,rio ,grande ,environmental ,management ,program1 ,colorado1 ,new ,mexico1 and ,texas4 ,sec4 #cai4 ,new ,london ,harbor ,waterfront ,channel1 ,connecticut4 ,sec4 #cbj4 ,wilmington ,harbor1 ,delaware4 ,sec4 #cba4 ,wilmington ,harbor ,south ,disposal ,area1 ,delaware4 ,sec4 #cbb4 ,washington ,harbor1 ,district of ,columbia4 ,sec4 #cbc4 ,big ,cypress ,seminole ,indian ,reservation ,water ,conservation ,plan1 ,florida4 ,sec4 #cbd4 ,central ,everglades1 ,florida4 ,sec4 #cbe4 ,miami ,river1 ,florida4 ,sec4 #cbf4 ,julian ,keen1 ,jr4 ,lock and ,dam1 ,moore ,haven1 ,florida4 ,sec4 #cbg4 ,taylor ,creek ,reservoir and ,levee ,l-#gc 7,section #a71 ,upper ,st4 ,johns ,river ,basin1 ,florida4 ,sec4 #cbh4 ,extinguishment of flowage easements1 ,rough ,river ,lake1 ,kentucky4 ,sec4 #cbi4 ,calcasieu ,river and ,pass1 ,louisiana4 ,sec4 #ccj4 ,camden ,harbor1 ,maine4 ,sec4 #cca4 ,cape ,porpoise ,harbor1 ,maine1 anchorage area designation4 ,sec4 #ccb4 ,baltimore1 ,maryland4 ,sec4 #ccc4 ,thad ,cochran ,lock and ,dam1 ,amory1 ,mississippi4 ,sec4 #ccd4 ,missouri river reservoir sediment management4 ,sec4 #cce4 ,portsmouth1 ,new ,hampshire4 ,sec4 #ccf4 ,rahway flood risk management feasibility study1 ,new ,jersey4 ,sec4 #ccg4 ,san ,juan-,chama project2 ,abiquiu ,dam1 ,new ,mexico4 ,sec4 #cch4 ,flushing ,bay and ,creek ,federal ,navigation ,channel1 ,new ,york4 ,sec4 #cci4 ,rush ,river and ,lower ,branch ,rush ,river1 ,north ,dakota4 ,sec4 #cdj4 ,pawcatuck ,river1 ,little ,narragansett ,bay and ,watch ,hill ,cove1 ,rhode ,island and ,connecticut4 ,sec4 #cda4 ,harris ,county1 ,texas4 ,sec4 #cdb4 ,cap ,sante ,waterway1 ,washington4 ,sec4 #cdc4 ,local government reservoir permit review4 ,sec4 #cdd4 ,project modifications for improvement of environment4 ,sec4 #cde4 ,aquatic ecosystem restoration4 ,sec4 #cdf4 ,surplus water contracts and water storage agreements4 ,sec4 #cdg4 ,no wake zones in navigation channels4 ,sec4 #cdh4 ,limitation on contract execution in the ,arkansas ,river ,basin4 ,sec4 #cdi4 ,waiver of non-,federal share of damages related to certain contract claims4 ,sec4 #cej4 ,reduced pricing for certain water supply storage4 ,sec4 #cea4 ,flood control and other purposes4 ,sec4 #ceb4 ,additional assistance for critical projects4 ,sec4 #cec4 ,project modification authorizations4 ,sec4 #ced4 ,completion of maintenance and repair activities4 ,sec4 #cee4 ,project reauthorizations4 ,sec4 #cef4 ,conveyances4 ,sec4 #ceg4 ,lake ,eufaula advisory committee4 ,sec4 #ceh4 ,repeal of ,missouri ,river ,task ,force1 ,north ,dakota4 ,sec4 #cei4 ,repeal of ,missouri ,river ,task ,force1 ,south ,dakota4 ,sec4 #cfj4 ,conforming amendments4 ,title ,,iv--,water ,resources ,infrastructure ,sec4 #dja4 ,project authorizations4 ,sec4 #djb4 ,special rules4 ,sec4 #djc4 ,authorization of projects based on feasibility studies prepared by non-,federal interests4 ,title ,v--,other ,matters ,sec4 #eja4 ,update on ,invasive ,species ,policy ,guidance4 ,sec4 #ejb4 ,aquatic invasive species research4 ,sec4 #ejc4 ,terrestrial noxious weed control pilot program4 ,sec4 #ejd4 ,invasive species risk assessment1 prioritization1 and management4 ,sec4 #eje4 ,invasive species mitigation and reduction4 ,sec4 #ejf4 ,aquatic invasive species prevention4 ,sec4 #ejg4 ,invasive species in alpine lakes pilot program4 ,sec4 #ejh4 ,murder hornet eradication pilot program4 ,sec4 #eji4 ,asian carp prevention and control pilot program4 ,sec4 #eaj4 ,invasive species in noncontiguous ,states and territories pilot program4 ,sec4 #eaa4 ,soil moisture and snowpack monitoring4 ,sec4 #eab4 ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation4 #b4 ,secretary defined ,in this ,act1 the term ,secretary means the ,secretary of the ,army4 ,i ,general ,provisions #aja4 ,budgetary treatment expansion and adjustment for the ,harbor ,maintenance ,trust ,fund ,section #adjjc of division ,b of the ,,cares ,act 7,public ,law #aaf-acf7 is amended to read as follows3 #adjjc4 ,any discretionary appropriation for the ,corps of ,engineers-- 7#a7 derived from the ,harbor ,maintenance ,trust ,fund1 in this fiscal year and thereafter1 not to exceed the sum of-- 7,a7 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 made2 and 7,b7 7i7 #ejj1jjj1jjj for fiscal year #bjba2 7ii7 #fjj1jjj1jjj for fiscal year #bjbb2 7iii7 #gjj1jjj1jjj for fiscal year #bjbc2 7iv7 #hjj1jjj1jjj for fiscal year #bjbd2 7v7 #ijj1jjj1jjj for fiscal year #bjbe2 7vi7 #a1jjj1jjj1jjj for fiscal year #bjbf2 7vii7 #a1bjj1jjj1jjj for fiscal year #bjbg2 7viii7 #a1cjj1jjj1jjj for fiscal year #bjbh2 7ix7 #a1djj1jjj1jjj for fiscal year #bjbi2 and 7x7 #a1ejj1jjj1jjj for fiscal year #bjcj and thereafter2 and 7#b7 for the ,operation and ,maintenance account of the ,corps of ,engineers which is designated in statute as being to carry out subsection 7c7 of section #bajf of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbch;c71 not to exceed-- 7,a7 #ej1jjj1jjj for fiscal year #bjba2 7,b7 #ej1jjj1jjj for fiscal year #bjbb2 7,c7 #ef1jjj1jjj for fiscal year #bjbc2 7,d7 #eh1jjj1jjj for fiscal year #bjbd2 7,e7 #fj1jjj1jjj for fiscal year #bjbe2 7,f7 #fb1jjj1jjj for fiscal year #bjbf2 7,g7 #fd1jjj1jjj for fiscal year #bjbg2 7,h7 #ff1jjj1jjj for fiscal year #bjbh2 7,i7 #fh1jjj1jjj for fiscal year #bjbi2 and 7,j7 #gj1jjj1jjj for fiscal year #bjcj2 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 #aigd or the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 4 #ajb4 ,authorization of appropriations for navigation 7a7 ,authorization 7#a7 ,in general ,in carrying out subsection 7c7 of section #baj of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch71 for each fiscal year1 of the funds made available under such section 7including funds appropriated from the ,harbor ,maintenance ,trust ,fund71 the ,secretary shall1 to the extent practicable1 unless otherwise directed in an ,act making appropriations for the ,corps of ,engineers1 make expenditures to pay for operation and maintenance costs of the harbors and inland harbors referred to in subsection 7a77#b7 of such section1 to the extent there are identifiable operations and maintenance needs1 of-- 7,a7 not less than #ae percent of such funds for emerging harbor projects1 including eligible breakwater and jetty needs at such harbor projects2 7,b7 not less than #ac percent of such funds for projects that are located within the ,great ,lakes ,navigation ,system2 7,c7 #ab percent of such funds for expanded uses carried out at donor ports and energy transfer ports1 of which-- 7i7 #a_/c shall be provided to energy transfer ports2 and 7ii7 #b_/c shall be provided to donor ports2 7,d7 not less than #ag percent of such funds for projects that are assigned to commercial strategic seaports2 and 7,e7 any remaining funds for operation and maintenance costs of any harbor or inland harbor referred to in such subsection 7a77#b7 based on an equitable allocation of such funds among such harbors and inland harbors1 in accordance with subsection 7c77#a7 of such section #baj4 7#b7 ,definitions ,in this subsection3 7,a7 ,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 ,network4 7,b7 ,donor port2 energy transfer port ,the terms donor port and energy transfer port have the meanings given those terms in section #bajf of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbch;c74 7,c7 ,emerging harbor project2 ,great ,lakes ,navigation ,system ,the terms emerging harbor project and ,great ,lakes ,navigation ,system have the meanings given those terms in section #baj of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch74 7#c7 ,effective date ,this subsection shall take effect on ,october #a1 #bjbb4 7b7 ,additional uses 7#a7 ,operation and ,maintenance of ,harbor ,projects ,section #baj7;c77#c7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch7;c77#c77 is amended-- 7,a7 by striking ,notwithstanding and inserting the following3 7,a7 ,allocation ,notwithstanding 2 and 7,b7 by adding at the end the following3 7,b7 ,additional uses at emerging harbors 7i7 ,uses ,in each fiscal year1 the ,secretary may use not more than #e1jjj1jjj of funds allocated for emerging harbor projects under paragraph 7#a7 to pay for the costs of up to #aj projects for maintenance dredging of a marina or berthing area1 in an emerging harbor1 that includes an area that is located adjacent to1 or is accessible by1 a ,federal navigation project1 subject to clauses 7ii7 and 7iii7 of this subparagraph4 7ii7 ,eligible emerging harbors ,the ,secretary may use funds as authorized under clause 7i7 at an emerging harbor that-- 7,i7 supports commercial activities1 including commercial fishing operations1 commercial fish processing operations1 recreational and sport fishing1 and commercial boat yards2 or 7,,ii7 supports activities of the ,secretary of the department in which the ,coast ,guard is operating4 7iii7 ,cost-sharing requirements ,the ,secretary shall require a non-,federal interest to contribute not less than #be percent of the costs for maintenance dredging of that portion of a maintenance dredging project described in clause 7i7 that is located outside of the ,federal navigation project1 which may be provided as an in-kind contribution1 including through the use of dredge equipment owned by non-,federal interest to carry out such activities4 4 7#b7 ,assessment of harbors and inland harbors ,section #baj7;e77#b77;,a77ii7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch7;e77#b77;,a77ii77 is amended by inserting uses described in subsection 7c77#c77;,b7 and after costs for4 7#c7 ,definitions ,section #baj7;f7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch7;f77 is amended-- 7,a7 by striking paragraph 7#f72 7,b7 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#d7 through 7#f71 respectively2 7,c7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,emerging harbor ,the term emerging harbor means a harbor or inland harbor referred to in subsection 7a77#b7 that transits less than #a1jjj1jjj tons of cargo annually4 7#c7 ,emerging harbor project ,the term emerging harbor project means a project that is assigned to an emerging harbor4 2 and 7,d7 in paragraph 7#d7 7as so redesignated71 by adding at the end the following3 7,c7 ,an in-water improvement1 if the improvement-- 7i7 is for the seismic reinforcement of a wharf or other berthing structure1 or the repair or replacement of a deteriorating wharf or other berthing structure1 at a port facility2 7ii7 benefits commercial navigation at the harbor2 and 7iii7 is located in1 or adjacent to1 a berth that is accessible to a ,federal navigation project4 7,d7 ,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 harbor4 4 #ajc4 ,annual report to ,congress on the ,harbor ,maintenance ,trust ,fund ,section #ccj of the ,water ,resources ,development ,act of #aiib 7#bf ,u4,s4,c4 #ieje note2 #ajf ,stat4 #dhea7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking and annually thereafter1 and inserting and annually thereafter concurrent with the submission of the ,president's annual budget request to ,congress12 and 7,b7 by striking ,public ,works and ,transportation and inserting ,transportation and ,infrastructure2 and 7#b7 in subsection 7b77#a7 by adding at the end the following3 7,d7 ,a description of the expected expenditures from the trust fund to meet the needs of navigation for the fiscal year of the budget request4 4 #ajd4 ,additional measures at donor ports and energy transfer ports 7a7 ,interim authorization ,section #bajf7;f7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbch;c7f77 is amended-- 7#a7 in paragraph 7#a71 by striking #bjbj and inserting #bjbb2 and 7#b7 by striking paragraph 7#c74 7b7 ,in general 7#a7 ,definitions ,section #bajf7;a7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbch;c7a77 is amended-- 7,a7 in paragraph 7#c77;,a7-- 7i7 by amending clause 7ii7 to read as follows3 7ii7 at which the total amount of harbor maintenance taxes collected 7including the estimated taxes related to domestic cargo and cruise passengers7 comprise not less than #ae1jjj1jjj annually of the total funding of the ,harbor ,maintenance ,trust ,fund on an average annual basis for the previous #c fiscal years2 2 7ii7 in clause 7iii7-- 7,i7 by inserting 7including the estimated taxes related to domestic cargo and cruise passengers7 after taxes collected2 and 7,,ii7 by striking #e fiscal years and inserting #c fiscal years2 and 7iii7 in clause 7iv71 by striking in fiscal year #bjab and inserting on an average annual basis for the previous #c fiscal years2 7,b7 in paragraph 7#e77;,b71 by striking in fiscal year #bjab each place it appears and inserting on an average annual basis for the previous #c fiscal years2 7,c7 by redesignating paragraph 7#h7 as paragraph 7#i7 and inserting after paragraph 7#g7 the following3 7#h7 ,harbor ,maintenance ,trust ,fund ,the term ,harbor ,maintenance ,trust ,fund means the ,harbor ,maintenance ,trust ,fund established by section #ieje of the ,internal ,revenue ,code of #aihf4 2 and 7,d7 in paragraph 7#i71 as so redesignated-- 7i7 by amending subparagraph 7,b7 to read as follows3 7,b7 at which the total amount of harbor maintenance taxes collected 7including the estimated taxes related to domestic cargo and cruise passengers7 comprise annually more than #e1jjj1jjj but less than #ae1jjj1jjj of the total funding of the ,harbor ,maintenance ,trust ,fund on an average annual basis for the previous #c fiscal years2 2 7ii7 in subparagraph 7,c7-- 7,i7 by inserting 7including the estimated taxes related to domestic cargo and cruise passengers7 after taxes collected2 and 7,,ii7 by striking #e fiscal years and inserting #c fiscal years2 and 7iii7 in subparagraph 7,d71 by striking in fiscal year #bjab and inserting on an average annual basis for the previous #c fiscal years4 7#b7 ,report to ,congress2 authorization of appropriations ,section #bajf of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbch;c7 is amended-- 7,a7 by striking subsection 7e7 and redesignating subsections 7f7 and 7g7 as subsections 7e7 and 7f71 respectively2 and 7,b7 in subsection 7e71 as so redesignated1 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,there are authorized to be appropriated to carry out this section-- 7,a7 #ef1jjj1jjj for fiscal year #bjbc2 7,b7 #eh1jjj1jjj for fiscal year #bjbd2 7,c7 #fj1jjj1jjj for fiscal year #bjbe2 7,d7 #fb1jjj1jjj for fiscal year #bjbf2 7,e7 #fd1jjj1jjj for fiscal year #bjbg2 7,f7 #ff1jjj1jjj for fiscal year #bjbh2 7,g7 #fh1jjj1jjj for fiscal year #bjbi2 and 7,h7 #gj1jjj1jjj for fiscal year #bjcj4 4 7#c7 ,effective date ,the amendments made by this subsection shall take effect on ,october #a1 #bjbb4 #aje4 ,construction of water resources development projects by non-,federal interests 7a7 ,studies and engineering ,section #bjd7;c77#a7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbcb7;c77#a77 is amended by striking under subsection 7b7 and inserting under this section4 7b7 ,assumption of maintenance of a locally preferred plan ,section #bjd7;f7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbcb7;f77 is amended to read as follows3 7f7 ,operation and maintenance 7#a7 ,assumption of maintenance ,whenever a non-,federal interest carries out improvements to a federally authorized harbor or inland harbor1 the ,secretary shall be responsible for operation and maintenance in accordance with section #aja7;b7 if-- 7,a7 before construction of the improvements-- 7i7 the ,secretary determines that the improvements are feasible and consistent with the purposes of this title2 and 7ii7 the ,secretary and the non-,federal interest execute a written agreement relating to operation and maintenance of the improvements2 7,b7 the ,secretary certifies that the project or separable element of the project is constructed in accordance with applicable permits and appropriate engineering and design standards2 and 7,c7 the ,secretary does not find that the project or separable element is no longer feasible4 7#b7 ,federal financial participation in the costs of a locally preferred plan ,in the case of improvements determined by the ,secretary pursuant to paragraph 7#a77;,a77i7 to deviate from the national economic development plan1 the ,secretary shall be responsible for all operation and maintenance costs of such improvements1 as described in section #aja7;b71 including costs in excess of the costs of the national economic development plan1 if the ,secretary determines that the improvements satisfy the requirements of paragraph 7#a74 4 7c7 ,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 interest1 containing any information necessary for the ,secretary determine whether the improvements satisfy the requirements of section #bjd7;f77#a7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbcb71 including-- 7#a7 the economic justification for the improvements2 7#b7 details of the project improvement plan and design2 7#c7 proposed arrangements for the work to be performed2 and 7#d7 documents relating to any applicable permits required for the project improvements4 7d7 ,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 #bjj1jjj1jjj1 which the ,secretary determines satisfies the requirements of section #bjd7;f77#a7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbcb71 to independent peer review under section #bjcd7;a77#c77;,a77i7 of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcdc7;a77#c77;,a77i774 #ajf4 ,coast ,guard anchorages ,the ,secretary may perform dredging at ,federal expense within and adjacent to anchorages established by the ,coast ,guard pursuant to existing authorities4 #ajg4 ,state contribution of funds for certain operation and maintenance costs ,in carrying out eligible operations and maintenance activities within the ,great ,lakes ,navigation ,system pursuant to section #baj of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch7 in a ,state that has implemented any additional ,state limitation on the disposal of dredged material in the open waters of such ,state1 the ,secretary may1 pursuant to section #e of the ,act of ,june #bb1 #aicf 7#cc ,u4,s4,c4 #gja;h71 receive from such ,state1 and expend1 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 limitation4 #ajh4 ,great ,lakes confined disposal facilities 7a7 ,mitigation ,the ,secretary may relocate access to the ,port of ,cleveland confined disposal facility1 owned or operated by a non-,federal interest1 in which material dredged by the ,corps of ,engineers is placed4 7b7 ,cost-,share ,the cost to relocate access to the confined disposal facility described in subsection 7a7 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 dredged4 7c7 ,termination ,the authority provided under this section shall terminate on ,december #ca1 #bjbd4 #aji4 ,inland waterway projects ,notwithstanding section #ajb of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbab71 for a project for navigation on the inland waterways receiving a construction appropriation during any of fiscal years #bjba through #bjca1 #ce 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 complete4 #aaj4 ,implementation of water resources principles and requirements 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall issue final agency-specific procedures necessary to implement the principles and requirements and the interagency guidelines4 7b7 ,development of future water resources development projects ,the procedures required by subsection 7a7 shall ensure that the ,secretary1 in the formulation of future water resources development projects-- 7#a7 develops such projects in accordance with-- 7,a7 the guiding principles established by the principles and requirements2 and 7,b7 the national water resources planning policy established by section #bjca7;a7 of the ,water ,resources ,development ,act of #bjjg 7#db ,u4,s4,c4 #aifb-c7;a772 and 7#b7 fully identifies and analyzes national economic development benefits1 regional economic development benefits1 environmental quality benefits1 and other societal effects4 7c7 ,review and update ,every #e years1 the ,secretary shall review and1 where appropriate1 revise the procedures required by subsection 7a74 7d7 ,public review1 notice1 and comment ,in issuing1 reviewing1 and revising the procedures required by this section1 the ,secretary shall-- 7#a7 provide notice to interested non-,federal stakeholders of the ,secretary's intent to revise the procedures2 7#b7 provide opportunities for interested non-,federal stakeholders to engage with1 and provide input and recommendations to1 the ,secretary on the revision of the procedures2 and 7#c7 solicit and consider public and expert comments4 7e7 ,definitions ,in this section3 7#a7 ,interagency guidelines ,the term interagency guidelines means the interagency guidelines contained in the document finalized by the ,council on ,environmental ,quality pursuant to section #bjca of the ,water ,resources ,development ,act of #bjjg 7#db ,u4,s4,c4 #aifb-c7 in ,december #bjad1 to implement the principles and requirements4 7#b7 ,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 #bjca of the ,water ,resources ,development ,act of #bjjg 7#db ,u4,s4,c4 #aifb-c71 entitled ,principles and ,requirements for ,federal ,investments in ,water ,resources1 and dated ,march #bjac4 #aaa4 ,resiliency planning assistance 7a7 ,in general ,section #bjf7;a7 of the ,flood ,control ,act of #aifj 7#cc ,u4,s4,c4 #gji;a7a77 is amended by inserting 1 to avoid repetitive flooding impacts1 to anticipate1 prepare1 and adapt to changing climatic conditions and extreme weather events1 and to withstand1 respond to1 and recover rapidly from disruption due to the flood hazards after in planning to ameliorate the flood hazard4 7b7 ,prioritizing flood risk resiliency technical assistance ,in carrying out section #bjf of the ,flood ,control ,act of #aifj 7#cc ,u4,s4,c4 #gji;a71 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 flooding4 #aab4 ,project consultation 7a7 ,reports required ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit the following reports3 7#a7 ,the report required under section #abad of the ,water ,resources ,development ,act of #bjah 7#acb ,stat4 #chji74 7#b7 ,the report required under section #aabj7;a77#c7 of the ,water ,resources ,development ,act of #bjaf 7#acj ,stat4 #afdc74 7b7 ,environmental justice updates 7#a7 ,in general ,in the formulation of water development resources projects1 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 communities1 low-income communities1 and ,indian ,tribes4 7#b7 ,update ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall review1 and shall update1 where appropriate1 any policies1 regulations1 and guidance of the ,corps of ,engineers necessary to implement any ,executive order described in paragraph 7#a7 with respect to water resources development projects4 7#c7 ,requirements ,in updating the policies1 regulations1 or guidance under paragraph 7#b71 the ,secretary shall-- 7,a7 provide notice to interested non-,federal stakeholders1 including representatives of minority communities1 low-income communities1 and ,indian ,tribes2 7,b7 provide opportunities for interested stakeholders to comment on potential updates of policies1 regulations1 or guidance2 7,c7 consider the recommendations from the reports submitted under subsection 7a72 and 7,d7 promote the meaningful involvement of minority communities1 low-income communities1 and ,indian ,tribes4 7c7 ,community engagement ,in carrying out a water resources development project1 the ,secretary shall1 to the extent practicable-- 7#a7 promote the meaningful involvement of minority communities1 low-income communities1 and ,indian ,tribes2 7#b7 provide guidance and technical assistance to such communities or ,tribes to increase understanding of the project development and implementation activities1 regulations1 and policies of the ,corps of ,engineers2 and 7#c7 cooperate with ,state1 ,tribal1 and local governments with respect to activities carried out pursuant to this subsection4 7d7 ,tribal lands and consultation ,in carrying out water resources development projects1 the ,secretary shall1 to the extent practicable and in accordance with the ,tribal ,consultation ,policy affirmed and formalized by the ,secretary on ,november #a1 #bjab 7or a successor policy7-- 7#a7 promote meaningful involvement with ,indian ,tribes specifically on any ,tribal lands near or adjacent to any water resources development projects1 for purposes of identifying lands of ancestral1 cultural1 or religious importance2 7#b7 consult with ,indian ,tribes specifically on any ,tribal areas near or adjacent to any water resources development projects1 for purposes of identifying lands1 waters1 and other resources critical to the livelihood of the ,indian ,tribes2 and 7#c7 cooperate with ,indian ,tribes to avoid1 or otherwise find alternate solutions with respect to1 such areas4 #aac4 ,review of resiliency assessments 7a7 ,resiliency assessment 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 and in conjunction with the development of procedures under section #aaj of this ,act1 the ,secretary is directed to review1 and where appropriate1 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 available1 peer-reviewed science and data on the current and future effects of sea level rise or inland flooding on relevant communities4 7#b7 ,coordination ,in carrying out this subsection1 the ,secretary shall-- 7,a7 coordinate the review with the ,engineer ,research and ,development ,center1 other ,federal and ,state agencies1 and other relevant entities2 and 7,b7 to the maximum extent practicable and where appropriate1 utilize data provided to the ,secretary by such agencies4 7b7 ,assessment of benefits from addressing sea level rise and inland flooding resiliency in feasibility reports 7#a7 ,in general ,upon the request of a non-,federal interest1 in carrying out a feasibility study for a project for flood risk mitigation1 hurricane and storm damage risk reduction1 or ecosystem restoration under section #ije of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhb71 the ,secretary shall consider whether the need for the project is predicated upon or exacerbated by conditions related to sea level rise or inland flooding4 7#b7 ,addressing sea level rise and inland flooding resiliency benefits ,to the maximum extent practicable1 in carrying out a study pursuant to paragraph 7#a71 the ,secretary shall document the potential effects of sea level rise or inland flooding on the project1 and the expected benefits of the project relating to sea level rise or inland flooding1 during the #ej-year period after the date of completion of the project4 #aad4 ,small flood control projects ,section #bje of the ,flood ,control ,act of #aidh 7#cc ,u4,s4,c4 #gjas7 is amended by inserting 1 and projects that use natural features or nature-based features 7as those terms are defined in section #aahd7;a7 of the ,water ,resources ,development ,act of #bjaf 7#cc ,u4,s4,c4 #bbhi;a7a7771 after nonstructural projects4 #aae4 ,flood ,protection ,projects 7a7 ,general considerations ,section #gc7;a7 of the ,water ,resources ,development ,act of #aigd 7#cc ,u4,s4,c4 #gja;b-#aa7;a77 is amended by striking including and all that follows through the period at the end and inserting the following3 1 with a view toward formulating the most economically1 socially1 and environmentally acceptable means of reducing or preventing flood damage1 including-- 7#a7 floodproofing of structures1 including through elevation2 7#b7 floodplain regulation2 7#c7 acquisition of floodplain land for recreational1 fish and wildlife1 and other public purposes2 7#d7 relocation2 and 7#e7 the use of a feature described in section #aahd7;a7 of the ,water ,infrastructure ,improvements for the ,nation ,act 7#cc ,u4,s4,c4 #bbhi;a7a774 4 7b7 ,conforming amendment ,section #ajc7;b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbac7 is amended-- 7#a7 in the subsection heading1 by striking ,nonstructural flood control projects and inserting ,projects using nonstructural1 natural1 or nature-,based features2 and 7#b7 in paragraph 7#a7-- 7,a7 by striking nonstructural flood control measures and inserting a flood risk management or hurricane and storm damage risk reduction measure using a nonstructural feature1 or a natural feature or nature-based feature 7as those terms are defined in section #aahd7;a7 of the ,water ,resources ,development ,act of #bjaf 7#cc ,u4,s4,c4 #bbhi;a7a77712 and 7,b7 by striking cash during construction of the project and inserting cash during construction for a nonstructural feature if the costs of land1 easements1 rights-of-way1 dredged material disposal areas1 and relocations for such feature are estimated to exceed #ce percent4 #aaf4 ,feasibility studies2 review of natural and nature-based features 7a7 ,technical correction ,section #aadi7;c7 of the ,water ,resources ,development ,act of #bjah 7#cc ,u4,s4,c4 #bbhb note2 #acb ,stat4 #cghg7 is amended by striking natural infrastructure alternatives and inserting natural feature or nature-based feature alternatives 7as such terms are defined in section #aahd of the ,water ,resources ,development ,act of #bjaf 7#cb ,u4,s4,c4 #bbhi;a774 7b7 ,summary of analysis ,to the maximum extent practicable1 the ,secretary shall include in each feasibility report developed under section #ije of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhb7 for a project that contains a flood risk management or hurricane and storm damage risk reduction element1 a summary of the natural feature or nature-based feature alternatives1 along with their long-term costs and benefits1 that were evaluated in the development of the feasibility report1 and1 if such alternatives were not included in the recommended plan1 an explanation of why such alternatives were not included in the recommended plan4 #aag4 ,federal interest determination ,section #ije of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhb7 is amended by inserting after subsection 7a7 the following3 7b7 ,federal interest determination 7#a7 ,in general 7,a7 ,economically disadvantaged communities ,in preparing a feasibility report under subsection 7a7 for a study that will benefit an economically disadvantaged community1 upon request by the non-,federal interest for the study1 the ,secretary shall first determine the ,federal interest in carrying out the study and the projects that may be proposed in the study4 7,b7 ,other communities 7i7 ,authorization ,in preparing a feasibility report under subsection 7a7 for a study that will benefit a covered community1 upon request by the non-,federal interest for the study1 the ,secretary may1 with respect to not more than #c studies in each fiscal year1 first determine the ,federal interest in carrying out the study and the projects that may be proposed in the study4 7ii7 ,covered communities ,in this subparagraph1 the term covered community means a community that-- 7,i7 is not an economically disadvantaged community2 and 7,,ii7 the ,secretary finds has a compelling need for the ,secretary to make a determination under clause 7i74 7#b7 ,cost share ,the costs of a determination under paragraph 7#a7-- 7,a7 shall be at ,federal expense2 and 7,b7 shall not exceed #bjj1jjj4 7#c7 ,deadline ,a determination under paragraph 7#a7 shall be completed by not later than #abj days after the date on which funds are made available to the ,secretary to carry out the determination4 7#d7 ,treatment 7,a7 ,timing ,the period during which a determination is being completed under paragraph 7#a7 for a study shall not be included for purposes of the deadline to complete a final feasibility report under section #ajja7;a77#a7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;c7a77#a774 7,b7 ,cost ,the cost of a determination under paragraph 7#a7 shall not be included for purposes of the maximum ,federal cost under section #ajja7;a77#b7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;c7a77#b774 7#e7 ,report to non-,federal interest ,if1 based on a determination under paragraph 7#a71 the ,secretary determines that a study or project is not in the ,federal interest because the project will not result1 or is unlikely to result1 in a recommended plan that will produce national economic development benefits greater than cost1 but may result in a technically sound and environmentally acceptable plan that is otherwise consistent with section #ijd of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbha71 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 feasible4 4 #aah4 ,pilot programs on the formulation of ,corps of ,engineers projects in rural communities and economically disadvantaged communities 7a7 ,in general ,the ,secretary shall establish and implement pilot programs1 in accordance with this section1 to evaluate opportunities to address the flood risk management and hurricane and storm damage risk reduction needs of rural communities and economically disadvantaged communities4 7b7 ,economically disadvantaged community flood protection and hurricane and storm damage reduction study pilot program 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish and implement a pilot program to carry out feasibility studies1 in accordance with this subsection1 for flood risk management and hurricane and storm damage risk reduction projects for economically disadvantaged communities1 in coordination with non-,federal interests4 7#b7 ,participation in pilot program ,in carrying out paragraph 7#a71 the ,secretary shall-- 7,a7 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 community2 7,b7 upon request of a non-,federal interest for such a project1 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 program2 and 7,c7 review such proposals and select #aj feasibility studies for such projects to be carried out by the ,secretary1 in coordination with the non-,federal interest1 under this pilot program4 7#c7 ,selection criteria ,in selecting a feasibility study under paragraph 7#b77;,c71 the ,secretary shall consider whether-- 7,a7 the percentage of people living in poverty in the county or counties 7or county-equivalent entity or entities7 in which the project is located is greater than the percentage of people living in poverty in the ,state1 based on census bureau data2 7,b7 the percentage of families with income above the poverty threshold but below the average household income in the county or counties 7or county-equivalent entity or entities7 in which the project is located is greater than such percentage for the ,state1 based on census bureau data2 7,c7 the percentage of the population that identifies as belonging to a minority or indigenous group in the county or counties 7or county-equivalent entity or entities7 in which the project is located is greater than the average such percentage in the ,state1 based on census bureau data2 and 7,d7 the project is addressing flooding or hurricane or storm damage effects that have a disproportionate impact on a rural community1 a minority community1 or an ,indian ,tribe4 7#d7 ,administration ,notwithstanding the requirements of section #aje7;a77#a77;,a7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbae71 the ,federal share of the cost of a feasibility study carried out under the pilot program shall be #ajj percent4 7#e7 ,study requirements ,feasibility studies carried out under this subsection shall1 to the maximum extent practicable1 incorporate natural features or nature-based features 7as such terms are defined in section #aahd of the ,water ,resources ,development ,act of #bjaf 7#cc ,u4,s4,c4 #bbhi;a771 or a combination of such features and nonstructural features1 that avoid or reduce at least #ej percent of flood or storm damages in one or more of the alternatives included in the final alternatives evaluated4 7#f7 ,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 program4 7#g7 ,completion ,upon completion of a feasibility report for a feasibility study selected to be carried out under this subsection1 the ,secretary shall transmit the report to ,congress for authorization1 and shall include the report in the next annual report submitted under section #gjja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;d74 7c7 ,pilot program for the recommendation of flood protection and hurricane and storm damage reduction projects in rural communities and economically disadvantaged communities 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish and implement a pilot program to evaluate1 and make recommendations to ,congress on1 flood risk management projects and hurricane and storm damage risk reduction projects in rural communities or economically disadvantaged communities1 without demonstrating that each project is justified solely by national economic development benefits4 7#b7 ,considerations ,in carrying out this subsection1 the ,secretary may make a recommendation to ,congress on up to #aj projects1 without demonstrating that the project is justified solely by national economic development benefits1 if the ,secretary determines that-- 7,a7 the community to be served by the project is an economically disadvantaged community or a rural community2 7,b7 the long-term life safety1 economic viability1 and environmental sustainability of the community would be threatened without the project2 and 7,c7 the project is consistent with the requirements of section #a of the ,flood ,control ,act of #aicf 7#cc ,u4,s4,c4 #gja;a74 7#c7 ,consistency ,in carrying out this subsection1 the ,secretary shall ensure that project recommendations are consistent with the principles and requirements and the interagency guidelines1 as such terms are defined in section #aaj of this ,act1 including the consideration of quantifiable monetary and nonmonetary benefits of the project4 7#d7 ,prioritization ,the ,secretary may give equivalent budgetary consideration and priority to projects recommended under this subsection4 7d7 ,geographic diversity ,in selecting feasibility studies under subsection 7b77#b77;,c7 or in making project recommendations under subsection 7c71 the ,secretary shall consider the geographic diversity among proposed projects4 7e7 ,report ,not later than #e years and #aj years after the date of enactment of this ,act1 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 ,senate1 and make publicly available1 a report detailing the results of the pilot programs carried out under this section1 including-- 7#a7 a description of proposals received from non-,federal interests pursuant to subsection 7b77#b77;,a72 7#b7 a description of technical assistance provided to non-,federal interests under subsection 7b77#b77;,b72 7#c7 a description of proposals selected under subsection 7b77#b77;,c7 and criteria used to select such proposals2 7#d7 a description of the projects evaluated or recommended by the ,secretary under subsection 7c72 7#e7 a description of the quantifiable monetary and nonmonetary benefits associated with the projects recommended under subsection 7c72 and 7#f7 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 communities4 7f7 ,state defined ,in this section1 the term ,state means each of the several ,states1 the ,district of ,columbia1 and each of the commonwealths1 territories1 and possessions of the ,united ,states4 7g7 ,sunset ,the authority to commence a feasibility study under subsection 7b71 and the authority make a recommendation under subsection 7c71 shall terminate on the date that is #aj years after the date of enactment of this ,act4 #aai4 ,permanent measures to reduce emergency flood fighting needs for communities subject to repetitive flooding 7a7 ,definitions ,in this section3 7#a7 ,affected community ,the term affected community means a legally constituted public body 7as that term is used in section #bba7;b7 of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b7b77-- 7,a7 with jurisdiction over an area that has been subject to flooding in two or more events in any #aj-year period2 and 7,b7 that has received emergency flood-fighting assistance1 including construction of temporary barriers by the ,secretary1 under section #e of the ,act of ,august #ah1 #aida 7#cc ,u4,s4,c4 #gjan7 with respect to such flood events4 7#b7 ,natural feature2 nature-based feature ,the terms natural feature and nature-based feature have the meanings given those terms in section #aahd of the ,water ,resources ,development ,act of #bjaf 7#cc ,u4,s4,c4 #bbhi;a74 7b7 ,program 7#a7 ,in general ,the ,secretary is authorized to carry out a program to study1 design1 and construct water resources development projects through measures involving1 among other things1 strengthening1 raising1 extending1 realigning1 or otherwise modifying existing flood control works1 designing new works1 and incorporating natural features1 nature-based features1 or nonstructural features1 as appropriate to provide flood and coastal storm risk management to affected communities4 7#b7 ,considerations ,in carrying out paragraph 7#a71 the ,secretary shall1 to the maximum extent practical1 review and1 where appropriate1 incorporate natural features or nature-based features1 or a combination of such features and nonstructural features1 that avoid or reduce at least #ej percent of flood or storm damages in one or more of the alternatives included in the final alternatives evaluated4 7#c7 ,construction 7,a7 ,in general ,the ,secretary may carry out a project described in paragraph 7#a7 without further congressional authorization if-- 7i7 the ,secretary determines that the project-- 7,i7 is advisable to reduce the risk of flooding for an affected community2 and 7,,ii7 produces benefits that are in excess of the estimated costs2 and 7ii7 the ,federal share of the cost of the construction does not exceed #ag1ejj1jjj4 7,b7 ,specific authorization ,if the ,federal share of the cost of a project described in paragraph 7#a7 exceeds #ag1ejj1jjj1 the ,secretary shall submit the project recommendation to ,congress for authorization prior to construction1 and shall include the project recommendation in the next annual report submitted under section #gjja of the ,water ,resources ,reform and ,development ,act of #bjad4 7,c7 ,financing 7i7 ,contributions ,if1 based on a study carried out pursuant to paragraph 7#a71 the ,secretary determines that a project described in paragraph 7#a7 will not produce benefits greater than cost1 the ,secretary shall allow the affected community to pay1 or provide contributions equal to1 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 project4 7ii7 ,effect on non-,federal share ,amounts provided by an affected community under clause 7i7 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 #ajc of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbac74 7#d7 ,ability to pay 7,a7 ,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 pay4 7,b7 ,determination ,the ability of any affected community to pay shall be determined by the ,secretary in accordance with procedures established by the ,secretary4 7,c7 ,effect of reduction ,any reduction in the non-,federal share of the cost of a project described in paragraph 7#a7 as a result of a determination under this paragraph shall not be included in the ,federal share for purposes of subparagraphs 7,a7 and 7,b7 of paragraph 7#c74 #abj4 ,emergency response to natural disasters ,section #e of the ,act of ,august #ah1 #aida 7#cc ,u4,s4,c4 #gjan7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,b7-- 7i7 in clause 7i77,i71 by inserting 1 or provide contributions equal to1 after pay2 and 7ii7 in clause 7ii7-- 7,i7 in the heading1 by inserting and contributions after of payments2 7,,ii7 by inserting or contributions after ,non-,federal payments2 and 7,,iii7 by inserting or contributions after non-,federal payments2 and 7,b7 by adding at the end the following3 7#e7 ,feasibility study 7,a7 ,determination ,not later than #ahj days after receiving1 from a non-,federal sponsor of a project to repair or rehabilitate a flood control work described in paragraph 7#a71 a request to initiate a feasibility study to further modify the relevant flood control work to provide for an increased level of protection1 the ,secretary shall provide to the non-,federal sponsor a written decision on whether the ,secretary has the authority under section #baf of the ,flood ,control ,act of #aigj 7#cc ,u4,s4,c4 #edi;a7 to undertake the requested feasibility study4 7,b7 ,recommendation ,if the ,secretary determines under subparagraph 7,b7 that the ,secretary does not have the authority to undertake the requested feasibility study1 the ,secretary shall include the request for a feasibility study in the annual report submitted under section #gjja of the ,water ,resources ,reform and ,development ,act of #bjad4 2 and 7#b7 in subsection 7c7-- 7,a7 in the subsection heading1 by striking ,levee owners manual and inserting ,eligibility2 7,b7 in paragraph 7#a71 in the heading1 by striking ,in general and inserting ,levee owner's manual2 7,c7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively1 and inserting after paragraph 7#a7 the following3 7#b7 ,compliance 7,a7 ,in general ,notwithstanding the status of compliance of a non-,federal interest with the requirements of a levee owner's manual described in paragraph 7#a71 or with any other eligibility requirement established by the ,secretary related to the maintenance and upkeep responsibilities of the non-,federal interest1 the ,secretary shall consider the non-,federal interest to be eligible for repair and rehabilitation assistance under this section if the non-,federal interest-- 7i7 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 disaster2 and 7ii7 pays1 during performance of the repair and rehabilitation work1 all costs to address-- 7,i7 any items of deferred or inadequate maintenance and upkeep identified by the ,secretary2 and 7,,ii7 any repair or rehabilitation work necessary to address damage the ,secretary attributes to such deferred or inadequate maintenance or upkeep4 7,b7 ,eligibility ,the ,secretary may only enter into one agreement under subparagraph 7,a7 with any non-,federal interest4 7,c7 ,sunset ,the authority of the ,secretary to enter into agreements under paragraph 7#b7 shall terminate on the date that is #e years after the date of enactment of this paragraph4 2 and 7,d7 in paragraph 7#c7 7as so redesignated71 by striking this subsection and inserting paragraph 7#a74 #aba4 ,cost and benefit feasibility assessment ,section #aafa7;b7 of the ,water ,resources ,development ,act of #bjah 7#cc ,u4,s4,c4 #gjan note7 is amended-- 7#a7 in the matter preceding paragraph 7#a7-- 7,a7 by striking the three fiscal years preceding and inserting five fiscal years preceding2 and 7,b7 by striking last day of the third fiscal year and inserting last day of the fifth fiscal year2 7#b7 in paragraph 7#a71 by inserting 1 or provide contributions equal to1 before an amount sufficient2 and 7#c7 by striking paragraph 7#b7 and inserting the following3 7#b7 the ,secretary determines that the damage to the structure was not as a result of negligent operation or maintenance4 4 #abb4 ,expediting repairs and recovery from flooding 7a7 ,in general ,to the maximum extent practicable1 during the #e-year period beginning on the date of enactment of this ,act1 the ,secretary shall prioritize and expedite the processing of applications for permits under section #aj of the ,act of ,march #c1 #ahii 7#cc ,u4,s4,c4 #djc71 and section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd71 and permissions under section #ad of the ,act of ,march #c1 #ahii 7#cc ,u4,s4,c4 #djh71 to complete repairs1 reconstruction 7including improvements71 and upgrades to flood control infrastructure damaged by flooding events during calendar years #bjag through #bjbj1 including flooding events caused by ice jams4 7b7 ,savings provision ,nothing in this section affects any obligation to comply with the requirements of any ,federal law1 including-- 7#a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7#b7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 and 7#c7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 #abc4 ,review of ,corps of ,engineers assets ,section #fjjb of the ,water ,resources ,reform and ,development ,act of #bjad 7#abh ,stat4 #acdi7 is amended to read as follows3 #fjjb4 ,review of ,corps of ,engineers assets 7a7 ,assessment ,the ,secretary shall conduct an assessment of projects constructed by the ,secretary for which the ,secretary continues to have financial or operational responsibility4 7b7 ,inventory ,not later than #ah months after the date of enactment of the ,water ,resources ,development ,act of #bjbj1 the ,secretary shall1 based on the assessment carried out under subsection 7a71 develop an inventory of projects or portions of projects-- 7#a7 that are not needed for the missions of the ,corps of ,engineers2 7#b7 the modification of which1 including though the use of structural features1 nonstructural features1 or natural features or nature-based features 7as those terms are defined in section #aahd7;a7 of the ,water ,resources ,development ,act of #bjaf 7#cc ,u4,s4,c4 #bbhi;a7a771 could improve the sustainable operations of the project1 or reduce operation and maintenance costs for the project2 or 7#c7 that are no longer having project purposes adequately met by the ,corps of ,engineers1 because of deferment of maintenance or other challenges1 and the divestment of which to a non-,federal entity could better meet the local and regional needs for operation and maintenance4 7c7 ,criteria ,in conducting the assessment under subsection 7a7 and developing the inventory under subsection 7b71 the ,secretary shall use the following criteria3 7#a7 ,the extent to which the project aligns with the current missions of the ,corps of ,engineers4 7#b7 ,the economic and environmental impacts of the project on existing communities in the vicinity of the project4 7#c7 ,the extent to which the divestment or modification of the project could reduce operation and maintenance costs of the ,corps of ,engineers4 7#d7 ,the extent to which the divestment or modification of the project is in the public interest4 7#e7 ,the extent to which investment of additional ,federal resources in the project proposed for divestment or modification1 including investment needed to bring the project to a good state of repair1 is in the public interest4 7#f7 ,the extent to which the authorized purpose of the project is no longer being met4 7d7 ,recommendations of non-,federal interests ,a non-,federal interest for a project may recommend that the ,secretary include such project in the assessment or inventory required under this section4 7e7 ,report to congress 7#a7 ,in general ,upon completion of the inventory required by subsection 7b71 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 ,representatives1 and make publicly available1 a report containing the findings of the ,secretary with respect to the assessment and inventory required under this section4 7#b7 ,inclusion ,the ,secretary shall list in an appendix any recommendation of a non-,federal interest made with respect to a project under subsection 7d7 that the ,secretary determines not to include in the inventory developed under subsection 7b71 based on the criteria in subsection 7c71 including information about the request and the reasons for the ,secretary's determination4 4 #abd4 ,sense of ,congress on multipurpose projects ,it is the sense of ,congress that the ,secretary1 in coordination with non-,federal interests1 should maximize the development1 evaluation1 and recommendation of project alternatives for future water resources development projects that produce multiple project benefits1 such as navigation1 flood risk management1 and ecosystem restoration benefits1 including through the use of natural or nature-based features and the beneficial use of dredged material4 #abe4 ,beneficial use of dredged material2 dredged material management plans 7a7 ,national policy on the beneficial use of dredged material 7#a7 ,in general ,it is the policy of the ,united ,states for the ,corps of ,engineers to maximize the beneficial use1 in an environmentally acceptable manner1 of suitable dredged material obtained from the construction or operation and maintenance of water resources development projects4 7#b7 ,placement of dredged materials 7,a7 ,in general ,in evaluating the placement of dredged material obtained from the construction or operation and maintenance of water resources development projects1 the ,secretary shall consider-- 7i7 the suitability of the dredged material for a full range of beneficial uses2 and 7ii7 the economic and environmental benefits1 efficiencies1 and impacts 7including the effects on living coral7 of using the dredged material for beneficial uses1 including1 in the case of beneficial use activities that involve more than one water resources development project1 the benefits1 efficiencies1 and impacts that result from the combined activities4 7,b7 ,calculation of ,federal standard 7i7 ,determination ,the economic benefits and efficiencies from the beneficial use of dredged material considered by the ,secretary under subparagraph 7,a7 shall be included in any determination relating to the ,federal standard by the ,secretary under section #cce4g of title #cc1 ,code of ,federal ,regulations1 for the placement or disposal of such material4 7ii7 ,reports ,the ,secretary shall submit to ,congress-- 7,i7 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 7i72 and 7,,ii7 for each evaluation under subparagraph 7,a71 a report displaying the calculations for economic and environmental benefits and efficiencies from the beneficial use of dredged material 7including1 where appropriate1 the utilization of alternative dredging equipment and dredging disposal methods7 considered by the ,secretary under such subparagraph for the placement or disposal of such material4 7,c7 ,selection of dredged material disposal method for certain purposes ,section #bjd7;d7 of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbf7;d77 is amended-- 7i7 in paragraph 7#a7-- 7,i7 in the matter preceding subparagraph 7,a71 by striking ,in developing and all that follows through the non-,federal interest1 and inserting ,at the request of the non-,federal interest for a water resources development project involving the disposal of dredged material1 the ,secretary1 using funds appropriated for construction or operation and maintenance of the project1 may select2 and 7,,ii7 in subparagraph 7,b71 by striking flood and storm damage and flood reduction benefits and inserting hurricane and storm or flood risk reduction benefits2 and 7ii7 by adding at the end the following3 7#e7 ,selection of dredged material disposal method for certain purposes ,activities carried out under this subsection-- 7,a7 shall be carried out using amounts appropriated for construction or operation and maintenance of the project involving the disposal of the dredged material2 and 7,b7 shall not carried out using amounts made available under subsection 7g74 4 7b7 ,beneficial use of dredged material 7#a7 ,pilot program projects ,section #aabb of the ,water ,resources ,development ,act of #bjaf 7#cc ,u4,s4,c4 #bcbf note7 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#f71 by striking 2 and and inserting a semicolon2 7ii7 in paragraph 7#g77;,c71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7#h7 recovering lost storage capacity in reservoirs due to sediment accumulation1 if the project also has a purpose described in any of paragraphs 7#a7 through 7#g74 2 7,b7 in subsection 7b77#a71 by striking #bj and inserting #ce2 and 7,c7 in subsection 7g71 by striking #bj and inserting #ce4 7#b7 ,sense of ,congress ,it is the sense of ,congress that the ,secretary1 in selecting projects for the beneficial use of dredged materials under section #aabb of the ,water ,resources ,development ,act of #bjaf 7#cc ,u4,s4,c4 #bcbf note71 should ensure the thorough evaluation of project submissions from rural1 small1 and economically disadvantaged communities4 7#c7 ,project selection ,in selecting projects for the beneficial use of dredged materials under section #aabb of the ,water ,resources ,development ,act of #bjaf 7#cc ,u4,s4,c4 #bcbf note71 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 7a77#h7 of such section1 to the extent that a non-,federal interest has submitted an application for such project purposes that otherwise meets the requirements of such section4 7#d7 ,temporary easements ,section #aadh of the ,water ,resources ,development ,act of #bjah 7#cc ,u4,s4,c4 #bcbf note7 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking grant and inserting approve2 and 7ii7 by striking granting and inserting approving2 and 7,b7 in subsection 7b71 by striking grants and inserting approves4 7c7 ,five-,year regional dredged material management plans 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,district ,commander of each district of the ,corps of ,engineers that obtains dredged material through the construction or operation and maintenance of a water resources development project shall1 at ,federal expense1 develop and submit to the ,secretary a #e-year dredged material management plan in coordination with relevant ,state agencies and stakeholders4 7#b7 ,scope ,each plan developed under this subsection shall include-- 7,a7 a dredged material budget for each watershed or littoral system within the district2 7,b7 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 #e-year period following submission of the plan1 and the estimated timing for obtaining such dredged material2 7,c7 an identification of potential water resources development projects projected to be carried out within the district during such #e-year period that are suitable for1 or that require1 the placement of dredged material1 and an estimate of the amount of dredged material placement capacity of such projects2 7,d7 an evaluation of-- 7i7 the suitability of the dredged material for a full range of beneficial uses2 and 7ii7 the economic and environmental benefits1 efficiencies1 and impacts 7including the effects on living coral7 of using the dredged material for beneficial uses1 including1 in the case of beneficial use activities that involve more than one water resources development project1 the benefits1 efficiencies1 and impacts that result from the combined activities2 7,e7 the district-wide goals for beneficial use of the dredged material1 including any expected cost savings from aligning and coordinating multiple projects 7including projects across ,corps districts7 in the use of the dredged material2 and 7,f7 a description of potential beneficial use projects identified through stakeholder solicitation and coordination4 7#c7 ,public comment ,in developing each plan under this subsection1 each ,district ,commander shall provide notice and an opportunity for public comment1 including a solicitation for stakeholders to identify beneficial use projects1 in order to ensure1 to the extent practicable1 that beneficial use of dredged material is not foregone in a particular fiscal year or dredging cycle4 7#d7 ,public availability ,upon submission of each plan to the ,secretary under this subsection1 each ,district ,commander shall make the plan publicly available1 including on a publicly available website4 7#e7 ,transmission to ,congress ,as soon as practicable after receiving a plan under subsection 7a71 the ,secretary shall transmit the plan to ,congress4 7#f7 ,regional sediment management plans ,a plan developed under this section-- 7,a7 shall be in addition to regional sediment management plans prepared under section #bjd7;a7 of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbf7;a772 and 7,b7 shall not be subject to the limitations in section #bjd7;g7 of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbf7;g774 7d7 ,dredge pilot program 7#a7 ,revisions ,section #aaaa of the ,water ,resources ,development ,act of #bjah 7#cc ,u4,s4,c4 #bcbf note7 is amended-- 7,a7 in subsection 7a71 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 following3 8for the operation and maintenance of-- 7#a7 harbors and inland harbors referred to in section #baj7;a77#b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch7;a77#b772 or 7#b7 inland and intracoastal waterways of the ,united ,states described in section #bjf of the ,inland ,waterways ,revenue ,act of #aigh 7#cc ,u4,s4,c4 #ahjd74 2 and 7,b7 in subsection 7b71 by striking or inland harbors and inserting 1 inland harbors1 or inland or intracoastal waterways4 7#b7 ,coordination with existing authorities ,the ,secretary may carry out the dredge pilot program authorized by section #aaaa of the ,water ,resources ,development ,act of #bjah 7#cc ,u4,s4,c4 #bcbf note7 in coordination with ,federal regional dredge demonstration programs in effect on the date of enactment of this ,act4 #abf4 ,aquatic ecosystem restoration for anadromous fish 7a7 ,anadromous fish habitat and passage ,section #bjf of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bccj7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#c7 ,anadromous fish habitat and passage 7,a7 ,measures ,a project under this section may include measures to improve habitat or passage for anadromous fish1 including-- 7i7 installing fish bypass structures on small water diversions2 7ii7 modifying tide gates2 and 7iii7 restoring or reconnecting floodplains and wetlands that are important for anadromous fish habitat or passage4 7,b7 ,benefits ,a project that includes measures under this paragraph shall be formulated to maximize benefits for the anadromous fish species benefitted by the project4 2 and 7#b7 by adding at the end the following3 7g7 ,prioritization ,the ,secretary shall give projects that include measures described in subsection 7a77#c7 equal priority for implementation as other projects under this section4 4 #abg4 ,annual report to ,congress on water resources infrastructure 7a7 ,in general ,section #gjja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;d7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,b77ii77,,iii71 by inserting 1 regional1 or local after national2 and 7ii7 by adding at the end the following3 7,d7 ,modifications of projects carried out pursuant to continuing authority programs 7i7 ,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 exceed1 in the coming fiscal year1 the maximum ,federal cost of the project1 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 project4 7ii7 ,inclusion ,for each proposed modification included in an annual report under clause 7i71 the ,secretary shall include in the annual report-- 7,i7 a justification of why the modification is necessary2 7,,ii7 an estimate of the total cost and timeline required to complete construction of the project2 and 7,,iii7 an indication of continued support by the non-,federal interest and the financial ability of the non-,federal interest to provide the required cost-share4 7iii7 ,definition ,for the purposes of this subparagraph1 the term continuing authority program means any of-- 7,i7 section #ad of the ,flood ,control ,act of #aidf 7#cc ,u4,s4,c4 #gjar72 7,,ii7 section #c of the ,act of ,august #ac1 #aidf 7#cc ,u4,s4,c4 #dbf;g72 7,,iii7 section #ajg of the ,river and ,harbor ,act of #aifj 7#cc ,u4,s4,c4 #egg72 7,,iv7 section #aaa of the ,river and ,harbor ,act of #aifh 7#cc ,u4,s4,c4 #dbf;i72 7,v7 section #bjd of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbf72 7,,vi7 section #bje of the ,flood ,control ,act of #aidh 7#cc ,u4,s4,c4 #gjas72 7,,vii7 section #bjf of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bccj72 7,,viii7 section #b of the ,act of ,august #bh1 #aicg 7#cc ,u4,s4,c4 #gja;g72 and 7,,ix7 section #aace of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bcji;a74 2 and 7,b7 in paragraph 7#d77;,b7-- 7i7 in clause 7i71 by striking and at the end2 7ii7 by redesignating clause 7ii7 as clause 7iii72 and 7iii7 by inserting after clause 7i7 the following3 7ii7 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 of navigation1 flood risk management1 ecosystem restoration1 or municipal or agricultural water supply2 and 2 and 7#b7 in subsection 7g77#e71 by striking if authorized and all that follows through #bjaf4 7b7 ,over-,budget cap programs ,for any project carried out under a continuing authority program1 as such term is defined in section #gjja7;c77#a77;,d7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;d771 for which the ,secretary is required to include a proposed modification in an annual report under such section #gjja7;c77#a77;,d71 the ,secretary shall1 to the extent practicable1 inform the non-,federal interest of the process for carrying out the project pursuant to section #aje of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbae7 and whether the ,secretary has the authority to complete a feasibility study for the project4 7c7 ,annual report on status of feasibility studies ,concurrent with each report submitted under section #gjja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;d71 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 ,secretary1 including1 for each such study1 its length1 cost1 and expected completion date4 #abh4 ,harmful algal bloom demonstration program 7a7 ,in general ,the ,secretary shall carry out a demonstration program to determine the causes of1 and implement measures to effectively detect1 prevent1 treat1 and eliminate1 harmful algal blooms associated with water resources development projects4 7b7 ,consultation2 use of existing data and program authorities ,in carrying out the demonstration program under subsection 7a71 the ,secretary shall-- 7#a7 consult with the heads of appropriate ,federal and ,state agencies2 and 7#b7 make maximum use of existing ,federal and ,state data and ongoing programs and activities of ,federal and ,state agencies1 including the activities of the ,secretary carried out through the ,engineer ,research and ,development ,center pursuant to section #aaji of the ,water ,resources ,development ,act of #bjah 7#cc ,u4,s4,c4 #faj note74 7c7 ,focus areas ,in carrying out the demonstration program under subsection 7a71 the ,secretary shall undertake program activities related to harmful algal blooms in the ,great ,lakes1 the tidal and inland waters of the ,state of ,new ,jersey1 the coastal and tidal waters of the ,state of ,louisiana1 the waterways of the counties that comprise the ,sacramento-,san ,joaquin ,delta1 ,california1 the ,allegheny ,reservoir ,watershed1 ,new ,york1 and ,lake ,okeechobee1 ,florida4 7d7 ,additional focus areas ,in addition to the areas described in subsection 7c71 in carrying out the demonstration program under subsection 7a71 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 ,basin1 at the request and expense of another ,federal agency4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary #be1jjj1jjj to carry out this section4 ,such sums shall remain available until expended4 #abi4 ,missouri ,river interception-rearing complex construction 7a7 ,report ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 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 interception-rearing complex constructed on the ,missouri ,river on-- 7#a7 flood risk management and navigation2 and 7#b7 the population recovery of the pallid sturgeon1 including baseline population counts4 7b7 ,no additional ,,irc construction ,the ,secretary may not authorize construction of an interception-rearing complex on the ,missouri ,river until the ,secretary-- 7#a7 submits the report required by subsection 7a72 7#b7 acting through the ,engineer ,research and ,development ,center1 conducts further research on interception-rearing complex design1 including any effects on existing flows1 flood risk management1 and navigation2 and 7#c7 develops a plan-- 7,a7 to repair dikes and revetments that are affecting flood risk and bank erosion2 and 7,b7 to establish1 repair1 or improve water control structures at the headworks of constructed shallow water habitat side-channels4 7c7 ,future ,,irc construction 7#a7 ,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 ,act4 7#b7 ,period ,the public comment period required by paragraph 7#a7 shall be not less than #ij days for each proposal to construct an interception-rearing complex on the ,missouri ,river4 #acj4 ,materials1 services1 and funds for repair1 restoration1 or rehabilitation of projects 7a7 ,definitions ,in this section3 7#a7 ,covered area ,the term covered area means an area-- 7,a7 for which the ,governor of a ,state has requested a determination that an emergency exists2 or 7,b7 covered by an emergency or major disaster declaration declared under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq474 7#b7 ,emergency period ,the term emergency period means-- 7,a7 with respect to a covered area described in paragraph 7#a77;,a71 the period during which the ,secretary determines an emergency exists2 and 7,b7 with respect to a covered area described in paragraph 7#a77;,b71 the period during which the applicable declaration is in effect4 7b7 ,in general ,in any covered area1 the ,secretary is authorized to accept and use materials1 services1 and funds1 during the emergency period1 from a non-,federal interest or private entity to repair1 restore1 or rehabilitate a federally authorized water resources development project1 and to provide reimbursement to such non-,federal interest or private entity for such materials1 services1 and funds1 in the ,secretary's sole discretion1 and subject to the availability of appropriations1 if the ,secretary determines that reimbursement is in the public interest4 7c7 ,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 ,secretary1 including sections #cada through #cadh and #cgja through #cgjh of title #dj1 ,united ,states ,code1 section #hcjb of title #da1 ,united ,states ,code1 and the ,national ,environmental ,policy ,act of #aifi4 7d7 ,agreements 7#a7 ,in general ,prior to the acceptance of materials1 services1 or funds under this section1 the ,secretary and the non-,federal interest or private entity shall enter into an agreement that specifies-- 7,a7 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 entity1 except for damages due to the fault or negligence of the ,united ,states or its contractors2 7,b7 the non-,federal interest or private entity shall certify that the materials or services comply with all applicable laws and regulations under subsection 7c72 and 7,c7 any other term or condition required by the ,secretary4 7#b7 ,exception ,if an agreement under paragraph 7#a7 was not entered prior to materials or services being contributed1 a non-,federal interest or private entity shall enter into an agreement with the ,secretary that-- 7,a7 specifies the value1 as determined by the ,secretary1 of those materials or services contributed and eligible for reimbursement2 and 7,b7 ensures that the materials or services comply with subsection 7c7 and paragraph 7#a74 #aca4 ,levee safety ,section #ijjd of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #ccjc7 is amended by adding at the end the following3 7d7 ,identification of deficiencies 7#a7 ,in general ,for each levee included in an inventory established under subsection 7b7 or for which the ,secretary has conducted a review under subsection 7c71 the ,secretary shall-- 7,a7 identify the specific engineering and maintenance deficiencies1 if any2 and 7,b7 describe the recommended remedies to correct each deficiency identified under subparagraph 7,a71 and1 if requested by owner of a non-,federal levee1 the associated costs of those remedies4 7#b7 ,consultation ,in identifying deficiencies and describing remedies for a levee under paragraph 7#a71 the ,secretary shall consult with relevant non-,federal interests1 including by providing an opportunity for comment by those non-,federal interests4 4 #acb4 ,national ,dam ,safety ,program 7a7 ,definitions ,section #b of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg7 is amended-- 7#a7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking clause 7iii7 and inserting the following3 7iii7 has an emergency action plan that-- 7,i7 is approved by the relevant ,state dam safety agency2 or 7,,ii7 is in conformance with ,state law and pending approval by the relevant ,state dam safety agency2 2 and 7ii7 by striking clause 7iv7 and inserting the following3 7iv7 fails to meet minimum dam safety standards of the ,state in which the dam is located1 as determined by the ,state2 and 7v7 poses an unacceptable risk to the public1 as determined by the ,administrator1 in consultation with the ,board4 2 and 7,b7 in subparagraph 7,b77i71 by inserting under a hydropower project with an authorized installed capacity of greater than #a4e megawatts after dam2 and 7#b7 in paragraph 7#aj7-- 7,a7 in the heading1 by striking ,non-,federal sponsor and inserting ,eligible subrecipient2 and 7,b7 by striking ,the term non-,federal sponsor and inserting ,the term eligible subrecipient4 7b7 ,rehabilitation of high hazard potential dams 7#a7 ,establishment of program ,section #h;,a7a7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;f-#b7;a77 is amended by striking to non-,federal sponsors and inserting to ,states with dam safety programs4 7#b7 ,eligible activities ,section #h;,a7b7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;f-#b7;b77 is amended1 in the matter preceding paragraph 7#a71 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 for4 7#c7 ,award of grants ,section #h;,a7c7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;f-#b7;c77 is amended-- 7,a7 in paragraph 7#a77;,a71 by striking non-,federal sponsor and inserting ,state2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking an eligible high hazard potential dam to a non-,federal sponsor and inserting eligible high hazard potential dams to a ,state2 7ii7 in subparagraph 7,b7-- 7,i7 in the subparagraph heading1 by striking ,project grant and inserting ,grant2 7,,ii7 by striking project grant agreement with the non-,federal sponsor and inserting grant agreement with the ,state2 and 7,,iii7 by striking project1 and inserting projects for which the grant is awarded12 7iii7 by amending subparagraph 7,c7 to read as follows3 7,c7 ,grant assurance ,as part of a grant agreement under subparagraph 7,b71 the ,administrator shall require that each eligible subrecipient to which the ,state awards a grant under this section provides an assurance1 with respect to the dam to be rehabilitated by the eligible subrecipient1 that the dam owner will carry out a plan for maintenance of the dam during the expected life of the dam4 2 and 7iv7 in subparagraph 7,d71 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 exceeds1 for any #a dam14 7#d7 ,requirements ,section #h;,a7d7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;f-#b7;d77 is amended-- 7,a7 in paragraph 7#a71 by inserting to an eligible subrecipient after this section2 7,b7 in paragraph 7#b7-- 7i7 in the paragraph heading1 by striking ,non-,federal sponsor and inserting ,eligible subrecipient2 7ii7 in the matter preceding subparagraph 7,a71 by striking the non-,federal sponsor shall and inserting an eligible subrecipient shall1 with respect to the dam to be rehabilitated by the eligible subrecipient2 7iii7 by amending subparagraph 7,a7 to read as follows3 7,a7 demonstrate that the community in which the dam is located participates in1 and complies with1 all applicable ,federal flood insurance programs1 including demonstrating that such community is participating in the ,national ,flood ,insurance ,program1 and is not on probation1 suspended1 or withdrawn from such ,program2 2 7iv7 in subparagraph 7,b71 by striking have and inserting beginning not later than #b years after the date on which the ,administrator publishes criteria for hazard mitigation plans under paragraph 7#c71 demonstrate that the ,tribal or local government with jurisdiction over the area in which the dam is located has2 and 7v7 in subparagraph 7,c71 by striking #ej-year period and inserting expected life of the dam2 and 7,c7 by adding at the end the following3 7#c7 ,hazard mitigation plan criteria ,not later than #a year after the date of enactment of this paragraph1 the ,administrator1 in consultation with the ,board1 shall publish criteria for hazard mitigation plans required under paragraph 7#b77;,b74 4 7#e7 ,floodplain management plans ,section #h;,a7e7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;f-#b7;e77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking the non-,federal sponsor and inserting an eligible subrecipient2 and 7ii7 in subparagraph 7,b71 by striking #a year and inserting #b years each place it appears2 and 7,b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,plan criteria and technical support ,the ,administrator1 in consultation with the ,board1 shall provide criteria1 and may provide technical support1 for the development and implementation of floodplain management plans prepared under this subsection4 4 7#f7 ,contractual requirements ,section #h;,a7i77#a7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;f-#b7;i77#a77 is amended by striking a non-,federal sponsor and inserting an eligible subrecipient4 #acc4 ,rehabilitation of ,corps of ,engineers constructed pump stations 7a7 ,definitions ,in this section3 7#a7 ,eligible pump station ,the term eligible pump station means a pump station-- 7,a7 constructed1 in whole or in part1 by the ,corps of ,engineers for flood risk management purposes2 7,b7 that the ,secretary has identified as having a major deficiency2 and 7,c7 the failure of which the ,secretary has determined would impair the function of a flood risk management project constructed by the ,corps of ,engineers4 7#b7 ,rehabilitation 7,a7 ,in general ,the term rehabilitation1 with respect to an eligible pump station1 means to address a major deficiency of the eligible pump station caused by long-term degradation of the foundation1 construction materials1 or engineering systems or components of the eligible pump station4 7,b7 ,inclusions ,the term rehabilitation1 with respect to an eligible pump station1 includes-- 7i7 the incorporation into the eligible pump station of-- 7,i7 current design standards2 7,,ii7 efficiency improvements2 and 7,,iii7 associated drainage2 and 7ii7 increasing the capacity of the eligible pump station1 subject to the condition that the increase shall-- 7,i7 significantly decrease the risk of loss of life and property damage2 or 7,,ii7 decrease total lifecycle rehabilitation costs for the eligible pump station4 7b7 ,authorization ,the ,secretary may carry out rehabilitation of an eligible pump station1 if the ,secretary determines that the rehabilitation is feasible4 7c7 ,cost sharing ,the non-,federal interest for the eligible pump station shall-- 7#a7 provide #ce percent of the cost of rehabilitation of an eligible pump station carried out under this section2 and 7#b7 provide all land1 easements1 rights-of-way1 and necessary relocations associated with the rehabilitation described in subparagraph 7,a71 at no cost to the ,federal ,government4 7d7 ,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-- 7#a7 to pay the non-,federal share of the costs of rehabilitation under subsection 7c72 and 7#b7 to pay #ajj percent of the operation and maintenance costs of the rehabilitated eligible pump station1 in accordance with regulations promulgated by the ,secretary4 7e7 ,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 ,engineers4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #fj1jjj1jjj1 to remain available until expended4 #acd4 ,non-,federal ,project ,implementation ,pilot ,program 7a7 ,reauthorization2 implementation guidance ,section #ajdc7;b7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbja note7 is amended-- 7#a7 in paragraph 7#g71 by striking the date that is #e years after the date of enactment of this ,act and inserting ,september #cj1 #bjbf2 7#b7 in paragraph 7#h71 by striking #bjbc and inserting #bjbf2 and 7#c7 by adding at the end the following3 7#i7 ,implementation guidance 7,a7 ,in general ,not later than #abj days after the date of enactment of this paragraph1 the ,secretary shall issue guidance for the implementation of the pilot program that1 to the extent practicable1 identifies-- 7i7 the metrics for measuring the success of the pilot program2 7ii7 a process for identifying future projects to participate in the pilot program2 7iii7 measures to address the risks of a non-,federal interest constructing projects under the pilot program1 including which entity bears the risk for projects that fail to meet the ,corps of ,engineers standards for design or quality2 7iv7 the laws and regulations that a non-,federal interest must follow in carrying out a project under the pilot program2 and 7v7 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 subsection4 7,b7 ,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 7,a74 4 7b7 ,non-,federal project implementation for ,comprehensive ,everglades ,restoration ,plan ,projects 7#a7 ,in general ,in carrying out the pilot program authorized under section #ajdc7;b7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbja note71 the ,secretary is authorized to include a project authorized to be implemented by1 or in accordance with1 section #fja of the ,water ,resources ,development ,act of #bjjj1 in accordance with such section #ajdc7;b74 7#b7 ,eligibility ,in the case of a project described in paragraph 7#a7 for which the non-,federal interest has initiated construction in compliance with authorities governing the provision of in-kind contributions for such project1 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 #ajdc7;b7 of the ,water ,resources ,reform and ,development ,act of #bjad when determining the non-,federal share of the costs to complete construction of the project4 7#c7 ,guidance ,not later than #ahj days after the date of enactment of this subsection1 and in accordance with the guidance issued under section #ajdc7;b77#i7 of the ,water ,resources ,reform and ,development ,act of #bjad 7as added by this section71 the ,secretary shall issue any additional guidance that the ,secretary determines necessary for the implementation of this subsection4 #ace4 ,cost sharing provisions for territories and ,indian ,tribes ,section #aaef7;b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bcaj7;b77 is amended by striking for inflation and all that follows through the period at the end and inserting on an annual basis for inflation44 #acf4 ,review of contracting policies 7a7 ,review of contractual agreements 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,secretary shall complete a review of the policies1 guidelines1 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 projects4 7#b7 ,report ,not later than #ij days after completing the review under subsection 7a77#a71 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 ,senate1 and make publicly available1 a report that includes-- 7,a7 a summary of the results of the review2 and 7,b7 public guidance on best practices for a non-,federal interest to use when writing or developing contractual agreements with the ,secretary and utilities4 7#c7 ,provision of guidance ,the ,secretary shall provide the best practices guidance included under paragraph 7#b77;,a7 to non-,federal interests prior to the development of contractual agreements with such non-,federal interests4 7b7 ,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 #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act4 #acg4 ,criteria for funding environmental infrastructure projects 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall develop specific criteria for the evaluation and ranking of individual environmental assistance projects authorized by ,congress 7including projects authorized pursuant to environmental assistance programs7 for the ,secretary to carry out4 7b7 ,minimum criteria ,for the purposes of carrying out this section1 the ,secretary shall evaluate1 at a minimum-- 7#a7 the nature and extent of the positive and negative local economic impacts of the project1 including-- 7,a7 the benefits of the project to the local economy2 7,b7 the extent to which the project will enhance local development2 7,c7 the number of jobs that will be directly created by the project2 and 7,d7 the ability of the non-,federal interest to pay the applicable non-,federal share of the cost of the project2 7#b7 the demographics of the location in which the project is to be carried out1 including whether the project serves-- 7,a7 a rural community2 or 7,b7 an economically disadvantaged community1 including an economically disadvantaged minority community2 7#c7 the amount of appropriations a project has received2 7#d7 the funding capability of the ,corps of ,engineers with respect to the project2 7#e7 whether the project could be carried out under other ,federal authorities at an equivalent cost to the non-,federal interest2 and 7#f7 any other criteria that the ,secretary considers to be appropriate4 7c7 ,inclusion in guidance ,the ,secretary shall include the criteria developed under subsection 7a7 in the annual ,civil ,works ,direct ,program ,development ,policy ,guidance of the ,secretary4 7d7 ,report to ,congress ,for fiscal year #bjbb1 and biennially thereafter1 in conjunction with the ,president's annual budget submission to ,congress under section #aaje7;a7 of title #ca1 ,united ,states ,code1 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 of ,representatives a report that identifies the ,secretary's ranking of individual environmental assistance projects authorized by ,congress for the ,secretary to carry out1 in accordance with the criteria developed under this section4 #ach4 ,aging infrastructure 7a7 ,definitions ,in this section3 7#a7 ,aging infrastructure ,the term aging infrastructure means a water resources development project of the ,corps of ,engineers1 or any other water resources1 water storage1 or irrigation project of another ,federal agency1 that is greater than #ge years old4 7#b7 ,enhanced inspection ,the term enhanced inspection means an inspection that uses current or innovative technology1 including ,light ,detection and ,ranging 7commonly known as ,li,d,a,r71 ground penetrating radar1 subsurface imaging1 or subsurface geophysical techniques1 to detect whether the features of the aging infrastructure are structurally sound and can operate as intended1 or are at risk of failure4 7b7 ,contracts for enhanced inspection 7#a7 ,in general ,the ,secretary may carry out enhanced inspections of aging infrastructure1 pursuant to a contract with the owner or operator of the aging infrastructure4 7#b7 ,certain circumstances ,subject to the availability of appropriations1 or funds available pursuant to subsection 7d71 the ,secretary shall enter into a contract described in paragraph 7#a71 if-- 7,a7 the owner or operator of the aging infrastructure requests that the ,secretary carry out the enhanced inspections2 and 7,b7 the inspection is at the full expense of such owner or operator4 7c7 ,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 section4 7d7 ,funding ,the ,secretary is authorized to accept funds from an owner or operator of aging infrastructure1 and may use such funds to carry out an enhanced inspection pursuant to a contract entered into with such owner or operator under this section4 #aci4 ,uniformity of notification systems 7a7 ,inventory ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall complete an inventory of all systems used by the ,corps of ,engineers for external communication and notification with respect to projects1 initiatives1 and facilities of the ,corps of ,engineers4 7b7 ,uniform plan 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall develop a plan for the uniformity of such communication and notification systems for projects1 initiatives1 and facilities of the ,corps of ,engineers4 7#b7 ,inclusions ,the plan developed under paragraph 7#a7 shall-- 7,a7 provide access to information in all forms practicable1 including through email1 text messages1 news programs and websites1 radio1 and other forms of notification2 7,b7 establish a notification system for any projects1 initiatives1 or facilities of the ,corps of ,engineers that do not have a notification system2 7,c7 streamline existing communication and notification systems to improve the strength and uniformity of those systems2 and 7,d7 emphasize the necessity of timeliness in notification systems and ensure that the methods of notification can transmit information in a timely manner4 7#c7 ,implementation 7,a7 ,in general ,except as provided in subparagraph 7,b71 not later than #b years after the date of enactment of this ,act1 the ,secretary shall complete the implementation of the plan developed under paragraph 7#a74 7,b7 ,emergency management notification ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall implement the provisions of the plan developed under paragraph 7#a7 relating to emergency management notifications4 7#d7 ,savings provision ,nothing in this section authorizes the elimination of any existing communication or notification system used by the ,corps of ,engineers4 #adj4 ,coastal storm damage reduction contracts ,for any project for coastal storm damage reduction1 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 project1 in order to minimize1 to the maximum extent practicable1 any negative effects resulting from the timing of those activities4 #ada4 ,dam remediation for ecosystem restoration ,section #edb7;b77#b7 of the ,water ,resources ,development ,act of #bjjj 7#aad ,stat4 #bfga2 #aba ,stat4 #aaej7 is amended-- 7#a7 in subparagraph 7,f71 by striking or at the end2 7#b7 by redesignating subparagraph 7,g7 as subparagraph 7,h72 and 7#c7 by inserting after subparagraph 7,f7 the following3 7,g7 measures to restore1 protect1 and preserve an ecosystem affected by a dam 7including by the rehabilitation or modification of a dam7-- 7i7 that has been constructed1 in whole or in part1 by the ,corps of ,engineers for flood control purposes2 7ii7 for which construction was completed before #aidj2 7iii7 that is classified as high hazard potential by the ,state dam safety agency of the ,state in which the dam is located2 and 7iv7 that is operated by a non-,federal entity2 or 4 #adb4 ,levee accreditation process2 levee certifications 7a7 ,sense of ,congress ,it is the sense of ,congress that the process developed by the ,flood ,protection ,structure ,accreditation ,task ,force established under section #ajjbbf of the ,moving ,ahead for ,progress in the #bast ,century ,act 7#db ,u4,s4,c4 #daja note7 should not be limited to levee systems in the inspection of completed works program of the ,corps of ,engineers1 but should apply equally to federally owned levee systems operated by the ,secretary1 including federally owned levee systems operated by the ,secretary as part of a reservoir project4 7b7 ,levee certifications ,section #cjad of the ,water ,resources ,reform and ,development ,act of #bjad 7#db ,u4,s4,c4 #daca7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking under the inspection of completed works program and inserting for levee systems under the levee safety and dam safety programs2 and 7ii7 by striking and at the end2 7,b7 in paragraph 7#b7-- 7i7 by striking activities under the inspection of completed works program of the ,corps of ,engineers and inserting the activities referred to in paragraph 7#a72 7ii7 by striking chapter #a and inserting chapter ,i2 and 7iii7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 in the case of a levee system that is operated and maintained by the ,corps of ,engineers1 to the maximum extent practicable1 cooperate with local governments seeking a levee accreditation decision for the levee to provide information necessary to support the accreditation decision in a timely manner4 2 and 7#b7 in paragraph 7b77#c71 by adding at the end the following3 7,c7 ,contributed funds ,notwithstanding subparagraph 7,b71 a non-,federal interest may fund up to #ajj percent of the cost of any activity carried out under this subsection4 4 #adc4 ,project partnership agreement ,section #ajc7;j77#a7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbac7;j77#a77 is amended-- 7#a7 by striking ,any project and inserting the following3 7,a7 ,in general ,any project 2 and 7#b7 by adding at the end the following3 7,b7 ,inclusion ,an agreement under subparagraph 7,a7 shall include a brief description and estimation of the anticipated operations1 maintenance1 and replacement and rehabilitation costs of the non-,federal interest for the project4 4 #add4 ,acceptance of funds for harbor dredging ,the ,secretary is authorized1 in accordance with section #e of ,act of ,june #bb1 #aicf 7#cc ,u4,s4,c4 #gja;h71 to accept and expend funds contributed by a ,state or other non-,federal interest-- 7#a7 to dredge a non-,federal harbor or channel1 or a marina or berthing area located adjacent to1 or accessible by1 such harbor or channel2 or 7#b7 to provide technical assistance related to the planning and design of dredging activities described in paragraph 7#a74 #ade4 ,replacement capacity ,section #bag7;a7 of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bcbf;a7a77 is amended-- 7#a7 in the subsection heading1 by inserting or replacement capacity after ,additional capacity2 7#b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,provided by ,secretary 7,a7 ,in general ,subject to subparagraph 7,b71 at the request of a non-,federal interest with respect to a project1 the ,secretary may-- 7i7 provide additional capacity at a dredged material disposal facility constructed by the ,secretary beyond the capacity that would be required for project purposes2 or 7ii7 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 purposes4 7,b7 ,agreement ,before the ,secretary takes an action under subparagraph 7,a71 the non-,federal interest shall agree to pay-- 7i7 all costs associated with the construction of the additional capacity or replacement capacity in advance of construction of such capacity2 and 7ii7 in the case of use by a non-,federal interest of dredged material disposal capacity required for project purposes under subparagraph 7,a77ii71 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 dredging4 7,c7 ,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 7,a77ii71 the ,secretary1 at the request of the non-,federal interest1 shall credit the amount of the decrease toward any cash contribution of the non-,federal interest required thereafter for construction1 operation1 or maintenance of the project1 or of another navigation project4 2 7#c7 in paragraph 7#b71 in the first sentence1 by inserting under paragraph 7#a77;,a77i7 after additional capacity2 and 7#d7 by adding at the end the following3 7#c7 ,special rule for designation of replacement capacity facility or site 7,a7 ,in general ,subject to such terms and conditions as the ,secretary determines to be necessary or advisable1 an agreement under paragraph 7#a77;,b7 for use permitted under paragraph 7#a77;,a77ii7 shall reserve to the non-,federal interest-- 7i7 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 capacity2 and 7ii7 the right to construct the replacement capacity at the alternative facility or site at the expense of the non-,federal interest4 7,b7 ,requirement ,the ,secretary shall not reject a site for the construction of replacement capacity under paragraph 7#a77;,a77ii7 that is submitted by the non-,federal interest for approval by the ,secretary before the date of execution of the agreement under paragraph 7#a77;,b71 or thereafter1 unless the ,secretary-- 7i7 determines that the site is environmentally unacceptable1 geographically unacceptable1 or technically unsound2 and 7ii7 provides a written basis for the determination under clause 7i7 to the non-,federal interest4 7#d7 ,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 7#a77;,a77ii74 4 #adf4 ,reviewing hydropower at ,corps of ,engineers facilities ,section #ajjh of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bcba;b7 is amended-- 7#a7 by striking civil works each place it appears and inserting water resources development2 and 7#b7 by adding at the end the following3 7c7 ,reviewing hydropower at ,corps of ,engineers facilities 7#a7 ,definition of eligible non-,federal interest ,in this subsection1 the term eligible non-,federal interest means a non-,federal interest that owns or operates an existing non-,federal hydropower facility at a ,corps of ,engineers water resources development project4 7#b7 ,evaluation 7,a7 ,in general ,on the written request of an eligible non-,federal interest1 the ,secretary shall conduct an evaluation to consider operational changes at the applicable project to facilitate production of non-,federal hydropower1 consistent with authorized project purposes4 ,the ,secretary shall solicit input from interested stakeholders as part of the evaluation4 7,b7 ,deadline ,not later than #ahj days after the date on which the ,secretary receives a written request under subparagraph 7,a71 the ,secretary shall provide to the non-,federal interest a written response to inform the non-,federal interest-- 7i7 that the ,secretary has approved the request to conduct an evaluation2 or 7ii7 of any additional information necessary for the ,secretary to approve the request to conduct an evaluation4 7#c7 ,operational changes ,an operational change referred to in paragraph 7#b77;,a7 may include-- 7,a7 changes to seasonal pool levels2 7,b7 modifying releases from the project2 and 7,c7 other changes included in the written request submitted under that paragraph that enhance the usage of the project to facilitate production of non-,federal hydropower1 consistent with authorized project purposes4 7#d7 ,cost share ,the eligible non-,federal interest shall pay #ajj percent of the costs associated with an evaluation under this subsection1 including the costs to prepare the report under paragraph 7#f74 7#e7 ,deadline ,the ,secretary shall complete an evaluation under this subsection by the date that is not later than #a year after the date on which the ,secretary begins the evaluation4 7#f7 ,report ,on completion of an evaluation under this subsection1 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 project1 including a description of any negative impacts of the proposed operational changes on the authorized purposes of the project1 or on any ,federal project located in the same basin4 7#g7 ,savings provision ,nothing in this subsection-- 7,a7 affects the authorized purposes of a ,corps of ,engineers water resources development project2 7,b7 affects existing authorities of the ,corps of ,engineers1 including authorities with respect to navigation1 flood damage reduction1 environmental protection and restoration1 water supply and conservation1 and other related purposes2 or 7,c7 authorizes the ,secretary to make any operational changes to a ,corps of ,engineers water resources development project4 4 #adg4 ,repair and restoration of embankments 7a7 ,in general ,at the request of a non-,federal interest1 the ,secretary shall assess the cause of damage to1 or the failure of1 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 reservoir4 7b7 ,repair and restoration activities ,if1 based on the assessment carried out under subsection 7a71 the ,secretary determines that the cause of the damage to1 or the failure of1 the embankment is the direct result of the design or operation of the reservoir by the ,secretary1 the ,secretary is authorized to participate in the repair or restoration of such embankment4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary #aj1jjj1jjj to carry out this section4 #adh4 ,coastal mapping ,section #eaf of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bcbf;b7 is amended-- 7#a7 by redesignating subsection 7g7 as subsection 7h72 7#b7 by inserting after subsection 7f7 the following3 7g7 ,coastal mapping ,the ,secretary shall develop and carry out a plan for the recurring mapping of coastlines that are experiencing rapid change1 including such coastlines in-- 7#a7 ,alaska2 7#b7 ,hawaii2 and 7#c7 any territory or possession of the ,united ,states4 2 and 7#c7 in subsection 7h7 7as so redesignated71 by adding at the end the following3 7#c7 ,coastal mapping ,in addition to amounts made available under paragraph 7#a71 there is authorized to be appropriated to carry out subsection 7g7 with respect to ,alaska1 ,hawaii1 and the territories and possessions of the ,united ,states1 #aj1jjj1jjj1 to remain available until expended4 4 #adi4 ,interim risk reduction measures 7a7 ,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 #ah1 #bjai1 and ending on the date of enactment of this ,act1 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-- 7#a7 #a operational water control plan change alternative2 7#b7 #a action alternative other than an operational water control plan change2 and 7#c7 the no action alternative4 7b7 ,coordination ,a reevaluation carried out under subsection 7a7 shall include consideration of the alternatives described in such subsection1 which shall be developed in coordination with ,federal agencies1 ,states1 ,indian ,tribes1 units of local government1 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 reevaluation4 7c7 ,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 7a7 prior to the completion of the reevaluation under subsection 7a74 #aej4 ,maintenance dredging permits 7a7 ,in general ,the ,secretary shall1 to the maximum extent practicable1 prioritize the reissuance of any regional general permit for maintenance dredging that expires prior to ,may #a1 #bjba1 and shall use best efforts to ensure such reissuance prior to expiration of such a regional general permit for maintenance dredging4 7b7 ,savings provision ,nothing in this section affects any obligation to comply with the requirements of any ,federal law1 including-- 7#a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7#b7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 and 7#c7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 #aea4 ,high water-low water preparedness 7a7 ,definitions ,in this section3 7#a7 ,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 conditions4 7#b7 ,emergency condition ,the term emergency condition means-- 7,a7 unsafe conditions on a ,federal inland waterway system that prevent the operation of commercial vessels1 resulting from a major change in water level or flows2 7,b7 an obstruction in a ,federal inland waterway system1 including silt1 sediment1 rock formation1 or a shallow channel2 7,c7 an impaired or inoperable ,federal lock and dam2 or 7,d7 any other condition determined appropriate by the ,secretary4 7b7 ,emergency determination ,the ,secretary1 in consultation with the ,district ,commanders responsible for maintaining any ,federal inland waterway system1 the users of the waterway system1 and the ,coast ,guard1 may make a determination that an emergency condition exists on the waterway system4 7c7 ,emergency mitigation project 7#a7 ,in general ,subject to paragraph 7#b7 and the availability of appropriations1 and in accordance with all applicable ,federal requirements1 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 7b71 or on a bypass of such system1 to remedy that emergency condition4 7#b7 ,deadline ,an emergency mitigation project under paragraph 7#a7 shall-- 7,a7 be initiated by not later than #fj days after the date on which the ,secretary makes the applicable determination under subsection 7b72 and 7,b7 to the maximum extent practicable1 be completed by not later than #a year after the date on which the ,secretary makes such determination4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #be1jjj1jjj for each of fiscal years #bjbb through #bjbd1 to remain available until expended4 #aeb4 ,treatment of certain benefits and costs 7a7 ,in general ,in the case of a flood risk management project that incidentally generates seismic safety benefits in regions of moderate or high seismic hazard1 for the purpose of a benefit-cost analysis for the project1 the ,secretary shall not include in that analysis any additional design and construction costs resulting from addressing seismic concerns4 7b7 ,savings provision ,except with respect to the benefit-cost analysis1 the additional costs referred to in subsection 7a7 shall be-- 7#a7 included in the total project cost2 and 7#b7 subject to cost-share requirements otherwise applicable to the project4 #aec4 ,lease deviations 7a7 ,definition of covered lease deviation ,in this section1 the term covered lease deviation means a change in terms from the existing lease that requires approval from the ,secretary for a lease-- 7#a7 of ,federal land within the ,state of ,oklahoma that is associated with a water resources development project1 under-- 7,a7 section #bffg of title #aj1 ,united ,states ,code2 or 7,b7 section #d of the ,act of ,december #bb1 #aidd 7#af ,u4,s4,c4 #dfj;d72 and 7#b7 with respect to which the lessee is in good standing4 7b7 ,deadline ,in the case of a request for a covered lease deviation-- 7#a7 the ,division ,commander of the ,southwestern ,division shall-- 7,a7 notify the ,secretary of the request via electronic means by not later than #bd hours after receiving the request2 and 7,b7 by not later than #aj business days after the date on which the ,division ,commander notifies the ,secretary under subparagraph 7,a7-- 7i7 make a determination approving1 denying1 or requesting a modification to the request2 and 7ii7 provide to the ,secretary the determination under clause 7i72 and 7#b7 the ,secretary shall make a determination approving1 denying1 or requesting a modification to the request by not later than #aj business days after-- 7,a7 the date on which the ,division ,commander provides to the ,secretary a determination in accordance with paragraph 7#a77;,b72 or 7,b7 if the ,division ,commander does not provide to the ,secretary a determination in accordance with paragraph 7#a77;,b71 the date on which the deadline described in such paragraph expires4 7c7 ,notification ,if the ,secretary does not make a determination under subsection 7b77#b7 by the deadline described in that subsection1 the ,secretary shall submit a notification of the failure to make a determination with respect to the covered lease deviation1 including the reason for the failure and a description of any outstanding issues1 to-- 7#a7 the entity seeking the covered lease deviation2 7#b7 the members of the ,oklahoma congressional delegation2 7#c7 the ,committee on ,environment and ,public ,works of the ,senate2 and 7#d7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 #aed4 ,sense of ,congress on ,arctic deep draft port development ,it is the sense of ,congress that-- 7#a7 the ,arctic1 as defined in section #aab of the ,arctic ,research and ,policy ,act of #aihd 7,public ,law #ih-cgc71 is a region of strategic importance to the national security and maritime transportation interests of the ,united ,states2 7#b7 there is a compelling national1 regional1 ,alaska ,native1 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 rescue1 shipping safety1 economic development1 oil spill prevention and response1 subsistence and commercial fishing1 the establishment of ports of refuge1 ,arctic research1 and maritime law enforcement2 7#c7 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 ,arctic1 including the construction or refurbishment of #af deepwater ports in the region2 7#d7 is a serious concern that the closest ,united ,states strategic seaports to the ,arctic are the ,port of ,anchorage and the ,port of ,tacoma1 located approximately #a1ejj nautical miles and #b1djj nautical miles away from the ,arctic1 respectively1 and approximately #a1ijj nautical miles and #b1hjj nautical miles1 respectively1 from ,utiagvik1 ,alaska2 and 7#e7 it is in the national interest to enhance existing1 and develop1 maritime transportation infrastructure in the ,arctic1 including an ,arctic deep draft strategic seaport in ,alaska1 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 interruption4 #aee4 ,small water storage projects 7a7 ,in general ,the ,secretary shall carry out a program to study and construct new1 or enlarge existing1 small water storage projects1 in partnership with a non-,federal interest4 7b7 ,requirements ,to be eligible to participate in the program under this section1 a small water storage project shall-- 7#a7 in the case of a new small water storage project1 have a water storage capacity of not less than #b1jjj acre-feet and not more than #cj1jjj acre-feet2 7#b7 in the case of an enlargement of an existing small water storage project1 be for an enlargement of not less than #a1jjj acre-feet and not more than #cj1jjj acre-feet2 7#c7 provide-- 7,a7 flood risk management benefits2 7,b7 ecological benefits2 or 7,c7 water management1 water conservation1 or water supply2 and 7#d7 be-- 7,a7 economically justified1 environmentally acceptable1 and technically feasible2 or 7,b7 in the case of a project providing ecological benefits1 cost-effective with respect to such benefits4 7c7 ,scope ,in carrying out the program under this section1 the ,secretary shall give preference to a small water storage project located in a ,state with a population of less than #a1jjj1jjj4 7d7 ,expedited projects ,for the #aj-year period beginning on the date of enactment of this ,act1 the ,secretary shall expedite small water storage projects under this section for which applicable ,federal permitting requirements have been completed4 7e7 ,use of data ,in conducting a study under this section1 to the maximum extent practicable1 the ,secretary shall-- 7#a7 as the ,secretary determines appropriate1 consider and utilize any applicable hydrologic1 economic1 or environmental data that is prepared for a small water storage project under ,state law as the documentation1 or part of the documentation1 required to complete ,state water plans or other ,state planning documents relating to water resources management2 and 7#b7 consider information developed by the non-,federal interest in relation to another study1 to the extent the ,secretary determines such information is applicable1 appropriate1 or otherwise authorized by law4 7f7 ,cost share 7#a7 ,study ,the ,federal share of the cost of a study conducted under this section shall be-- 7,a7 #ajj percent for costs not to exceed #ajj1jjj2 and 7,b7 #ej percent for any costs above #ajj1jjj4 7#b7 ,construction ,a small water storage project carried out under this section shall be subject to the cost-sharing requirements applicable to projects under section #ajc of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbac71 including-- 7,a7 municipal and industrial water supply3 #ajj percent non-,federal2 7,b7 agricultural water supply3 #ce percent non-,federal2 and 7,c7 recreation1 including recreational navigation3 #ej percent of separable costs and1 in the case of any harbor or inland harbor or channel project1 #ej percent of joint and separable costs allocated to recreational navigation4 7g7 ,,omrrr responsibility ,the costs of operation1 maintenance1 repair1 and replacement and rehabilitation for a small water storage project constructed under this section shall be the responsibility of the non-,federal interest4 7h7 ,individual project limit ,not more than #fe1jjj1jjj in ,federal funds may be made available to a small water storage project under this section4 7i7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #acj1jjj1jjj annually through fiscal year #bjcj4 #aef4 ,planning ,assistance to ,states ,in carrying out section #bb of the ,water ,resources ,development ,act of #aigd 7#db ,u4,s4,c4 #aifb;d-#af71 the ,secretary shall provide equal priority for all mission areas of the ,corps of ,engineers1 including water supply and water conservation4 #aeg4 ,forecast-informed reservoir operations ,section #abbb of the ,water ,resources ,development ,act of #bjah 7#abh ,stat4 #chaa7 is amended by adding at the end the following3 7c7 ,additional utilization of forecast-,informed reservoir operations 7#a7 ,in general ,not later than #a year after the date of enactment of this subsection1 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 ,states1 including an assessment of the viability of forecast-informed reservoir operations in the ,upper ,missouri ,river ,basin and the ,north ,platte ,river ,basin4 7#b7 ,forecast-informed reservoir operations 7,a7 ,authorization ,if the ,secretary determines1 and includes in the report submitted under paragraph 7#a71 that forecast-informed reservoir operations are viable at a reservoir in the ,upper ,missouri ,river ,basin or the ,north ,platte ,river ,basin1 including a reservoir for which the ,secretary has flood control responsibilities under section #g of the ,act of ,december #bb1 #aidd 7#cc ,u4,s4,c4 #gji71 the ,secretary is authorized to carry out forecast-informed reservoir operations at such reservoir4 7,b7 ,requirement ,subject to the availability of appropriations1 if the ,secretary determines1 and includes in the report submitted under paragraph 7#a71 that forecast-informed reservoir operations are viable in the ,upper ,missouri ,river ,basin or the ,north ,platte ,river ,basin1 the ,secretary shall carry out forecast-informed reservoir operations at not fewer than one reservoir in such basin4 4 #aeh4 ,data for water allocation1 supply1 and demand 7a7 ,study on data for water allocation1 supply1 and demand 7#a7 ,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 agencies1 ,state and local agencies1 ,indian ,tribes1 communities1 universities1 consortiums1 councils1 and other relevant entities with expertise in water resources to facilitate and coordinate the sharing among such entities of water allocation1 supply1 and demand data1 including-- 7,a7 any catalogs of such data2 7,b7 definitions of any commonly used terms relating to water allocation1 supply1 and demand2 and 7,c7 a description of any common standards used by those entities4 7#b7 ,report ,if the ,national ,academy of ,sciences enters into an agreement under paragraph 7#a71 to the maximum extent practicable1 not later than #a year after the date of enactment of this ,act1 the ,national ,academy of ,sciences shall submit to ,congress a report that includes-- 7,a7 the results of the study under paragraph 7#a72 7,b7 recommendations for ways to streamline and make cost-effective methods for ,federal agencies to coordinate interstate sharing of data1 including recommendations for the development of a publicly accessible1 internet-based platform that can allow entities described in paragraph 7#a7 to communicate and coordinate ongoing data collection efforts relating to water allocation1 supply1 and demand1 and share best practices relating to those efforts2 and 7,c7 a recommendation as to an appropriate ,federal entity that should-- 7i7 serve as the lead coordinator for the sharing of data relating to water allocation1 supply1 and demand2 and 7ii7 host and manage the internet-based platform described in subparagraph 7,b74 7b7 ,data transparency ,the ,secretary shall prioritize making publicly available water resources data in the custody of the ,corps of ,engineers1 as authorized by section #bjag of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #bcdb74 7c7 ,funding ,from amounts otherwise appropriated or made available to the ,secretary1 the ,secretary may make available to the ,national ,academy of ,sciences not more than #c1ijj1jjj1 to be used for the review of information provided by the ,corps of ,engineers for purposes of a study under subsection 7a74 ,the ,secretary may accept funds from another ,federal agency and make such funds available to the ,national ,academy of ,sciences1 to be used for the review of information provided by such agency for purposes of a study under subsection 7a74 #aei4 ,inland waterways pilot program 7a7 ,definitions ,in this section3 7#a7 ,authorized project ,the term authorized project means a federally authorized water resources development project for navigation on the inland waterways4 7#b7 ,modernization activities ,the term modernization activities means construction or major rehabilitation activities for any authorized project4 7#c7 ,non-,federal interest ,the term non-,federal interest means any public body described in section #bba7;b7 of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b7b774 7b7 ,authorization of pilot program ,the ,secretary is authorized to carry out a pilot program for modernization activities on the inland waterways system4 7c7 ,implementation 7#a7 ,in general ,in carrying out the pilot program under this section1 the ,secretary may-- 7,a7 accept and expend funds provided by a non-,federal interest to carry out1 for an authorized project 7or a separable element of an authorized project71 modernization activities for such project2 or 7,b7 coordinate with the non-,federal interest in order to allow the non-,federal interest to carry out1 for an authorized project 7or a separable element of an authorized project71 such modernization activities4 7#b7 ,number ,the ,secretary shall select not more than #b authorized projects to participate in the pilot program under paragraph 7#a74 7#c7 ,conditions ,before carrying out modernization activities pursuant to paragraph 7#a77;,b71 a non-,federal interest shall-- 7,a7 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 activities2 and 7,b7 ensure that a final environmental impact statement or environmental assessment1 as appropriate1 for such activities has been filed pursuant to the ,national ,environmental ,policy ,act of #aifi4 7#d7 ,monitoring ,for any modernization activities carried out by the non-,federal interest pursuant to this section1 the ,secretary shall regularly monitor and audit such activities to ensure that-- 7,a7 the modernization activities are carried out in accordance with this section2 and 7,b7 the cost of the modernization activities is reasonable4 7#e7 ,requirements ,the requirements of section #cadb of title #dj1 ,united ,states ,code shall apply to any modernization activities undertaken under or pursuant to this section1 either by the ,secretary or the non-,federal interest4 7d7 ,agreements 7#a7 ,activities carried out by non-,federal interest 7,a7 ,in general 7i7 ,written agreement ,before a non-,federal interest initiates modernization activities for an authorized project pursuant to this subsection 7c77#a77;,b71 the non-,federal interest shall enter into a written agreement with the ,secretary1 under section #bba of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b71 that requires the modernization activities to be carried out in accordance with-- 7,i7 a plan approved by the ,secretary2 and 7,,ii7 any other terms and conditions specified by the ,secretary in the agreement4 7ii7 ,requirements ,a written agreement under clause 7i7 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 ,secretary1 including all mitigation required to offset environmental impacts of the activities1 as determined by the ,secretary4 7,b7 ,alignment with ongoing activities ,a written agreement under subparagraph 7,a7 shall include provisions that1 to the maximum extent practicable1 align modernization activities under this section with ongoing operations and maintenance activities for the applicable authorized project4 7,c7 ,indemnification ,as part of a written agreement under subparagraph 7,a71 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 section4 7#b7 ,activities carried out by ,secretary ,for modernization activities to be carried out by the ,secretary pursuant to subsection 7c77#a77;,a71 the non-,federal interest shall enter into a written agreement with the ,secretary1 containing such terms and conditions as the ,secretary determines appropriate4 7e7 ,reimbursement 7#a7 ,authorization ,subject to the availability of appropriations1 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 7d71 or for funds provided to the ,secretary under subsection 7c77#a77;,a71 if-- 7,a7 the non-,federal interest complies with the agreement entered into under subsection 7d72 and 7,b7 with respect to modernization activities carried out by the non-,federal interest pursuant to the agreement1 the ,secretary determines that the non-,federal interest complied with all applicable ,federal requirements in carrying out the modernization activities4 7#b7 ,limitation ,the ,secretary may only reimburse a non-,federal interest under paragraph 7#a7 for costs of construction that would otherwise be paid from amounts appropriated from the general fund of the ,treasury pursuant to section #ajb of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbab74 7f7 ,rule of construction ,nothing in this section-- 7#a7 affects the responsibility of the ,secretary for the operations and maintenance of the inland waterway system1 as of the day before the date of enactment of this ,act1 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 section2 7#b7 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 system2 or 7#c7 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 system4 7g7 ,notification ,if a non-,federal interest notifies the ,secretary that the non-,federal interest intends to carry out modernization activities for an authorized project1 or separable element thereof1 pursuant to this section1 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 non-,federal interest4 7h7 ,sunset 7#a7 ,in general ,the authority of the ,secretary to enter into an agreement under this section shall terminate on the date that is #e years after the date of enactment of this ,act4 7#b7 ,reimbursement eligibility ,the termination of authority under paragraph 7#a7 shall not extinguish the eligibility of a non-,federal interest to seek reimbursement under subsection 7e74 #afj4 ,definition of economically disadvantaged community 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall issue guidance defining the term economically disadvantaged community for the purposes of this ,act and the amendments made by this ,act4 7b7 ,considerations ,in defining the term economically disadvantaged community under subsection 7a71 the ,secretary shall1 to the maximum extent practicable1 utilize the criteria under paragraph 7#a7 or 7#b7 of section #cja7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa71 to the extent that such criteria are applicable in relation to the development of water resources development projects4 7c7 ,public comment ,in developing the guidance under subsection 7a71 the ,secretary shall provide notice and an opportunity for public comment4 #afa4 ,studies of water resources development projects by non-,federal interests 7a7 ,in general ,section #bjc of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbca7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting 1 or1 upon the written approval of the ,secretary that the modifications are consistent with the authorized purposes of the project1 undertake a feasibility study on modifications to a water resources development project constructed by the ,corps of ,engineers1 after water resources development project2 and 7,b7 in paragraph 7#b71 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-- 7,a7 ensure that any feasibility study with respect to which the ,secretary submits an assessment to ,congress under subsection 7c7 complies with all of the requirements that would apply to a feasibility study undertaken by the ,secretary2 and 7,b7 provide sufficient information for the formulation of the studies1 including processes and procedures related to reviews and assistance under subsection 7e74 2 7#b7 in subsection 7b7-- 7,a7 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 and 7,b7 by adding at the end the following3 7#b7 ,timing ,the ,secretary may not submit to ,congress an assessment of a feasibility study under this section until such time as the ,secretary-- 7,a7 determines that the feasibility study complies with all of the requirements that would apply to a feasibility study undertaken by the ,secretary2 and 7,b7 completes all of the ,federal analyses1 reviews1 and compliance processes under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 that would be required with respect to the proposed project if the ,secretary had undertaken the feasibility study4 7#c7 ,initiation of review 7,a7 ,request 7i7 ,submission ,the non-,federal interest may submit to the ,secretary a request that the ,secretary initiate the analyses1 reviews1 and compliance processes described in paragraph 7#b77;,b7 with respect to the proposed project prior to the non-,federal interest's submission of a feasibility study under subsection 7a77#a74 7ii7 ,effect ,receipt by the ,secretary of a request submitted under clause 7i7 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 #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 that would be required if the ,secretary were to undertake the feasibility study4 7,b7 ,deadline ,not later than #aj days after the ,secretary receives a request under this paragraph1 the ,secretary shall begin the required analyses1 reviews1 and compliance processes4 7#d7 ,notification ,upon receipt of a request under paragraph 7#c71 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 request and a timeline for completion of the required analyses1 reviews1 and compliance processes4 7#e7 ,status updates ,not later than #cj days after receiving a request under paragraph 7#c71 and every #cj days thereafter until the ,secretary submits an assessment under subsection 7c7 for the applicable feasibility study1 the ,secretary shall notify the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 the ,committee on ,environment and ,public ,works of the ,senate1 and the non-,federal interest of the status of the ,secretary's required analyses1 reviews1 and compliance processes4 2 and 7#c7 in subsection 7c77#a71 in the matter preceding subparagraph 7,a7-- 7,a7 by striking after the date of receipt of a feasibility study of a project under subsection 7a77#a7 and insert after the completion of review of a feasibility study under subsection 7b72 and 7,b7 by striking a report and inserting an assessment4 7b7 ,deadline ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall issue revised guidelines under section #bjc of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbca7 to implement the amendments made by this section4 7c7 ,hold harmless 7#a7 ,one-,year window ,the amendments made by this section shall not apply to any feasibility study submitted to the ,secretary under section #bjc of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbca7 during the one-year period prior to the date of enactment of this section4 7#b7 #bjbj projects ,the amendments made by this section shall not apply to any project authorized by section #djc of this ,act4 #afb4 ,leveraging ,federal infrastructure for increased water supply ,section #aaah7;i7 of the ,water ,resources ,development ,act of #bjaf 7#dc ,u4,s4,c4 #cij;b-#b7;i77 is amended-- 7#a7 by striking ,the ,secretary may and inserting the following3 7#a7 ,contributed funds for ,corps projects ,the ,secretary may 2 and 7#b7 by adding at the end the following3 7#b7 ,contributed funds for other ,federal reservoir projects ,the ,secretary is authorized to receive and expend funds from a non-,federal interest to formulate1 review1 or revise operational documents1 pursuant to a proposal submitted in accordance subsection 7a71 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 #g of the ,act of ,december #bb1 #aidd 7#cc ,u4,s4,c4 #gji74 4 #afc4 ,sense of ,congress on removal of unauthorized1 manmade1 flammable materials on ,corps property ,it is the sense of ,congress that the ,secretary should1 using existing authorities1 prioritize the removal1 from facilities and lands of the ,corps of ,engineers in regions that are urban and arid1 of materials that are manmade1 flammable1 unauthorized to be present1 and determined by the ,secretary to pose a fire risk that is a threat to public safety4 #afd4 ,enhanced development program 7a7 ,in general ,the ,secretary shall review the master plan and shoreline management plan for any lake described in section #cacd of the ,water ,resources ,development ,act of #bjjg 7#aba ,stat4 #aadb2 #acj ,stat4 #afga7 for the purpose of identifying structures or other improvements that are owned by the ,secretary and are suitable for enhanced development1 if-- 7#a7 the master plan and shoreline management plan of the lake have been updated since ,january #a1 #bjac2 and 7#b7 the applicable district office of the ,corps of ,engineers has received a written request for such a review from any entity4 7b7 ,definition of enhanced development ,in this section1 the term enhanced development means the use1 for non-water-dependent commercial or hospitality industry purposes or for residential or recreational purposes1 of an existing structure or other improvement4 7c7 ,divestment authority ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 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-- 7,a7 any structure or other improvement owned by the ,secretary that-- 7i7 has been identified as suitable for enhanced development pursuant to subsection 7a72 7ii7 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 located2 and 7iii7 a non-,federal interest has offered to purchase from the ,secretary2 and 7,b7 the fair market value of any structure or other improvement identified under subparagraph 7,a72 and 7#b7 develop a plan to divest any structure or other improvement identified under paragraph 7#a77;,a71 at fair market value1 to the applicable non-,federal interest4 #afe4 ,continuing authority programs 7a7 ,pilot program for continuing authority projects in small or disadvantaged communities 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall implement a pilot program1 in accordance with this subsection1 for carrying out a project under a continuing authority program for an economically disadvantaged community4 7#b7 ,participation in pilot program ,in carrying out paragraph 7#a71 the ,secretary shall-- 7,a7 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 community2 and 7,b7 review such proposals and select a total of #aj projects1 taking into consideration geographic diversity among the selected projects4 7#c7 ,cost share ,notwithstanding the cost share authorized for the applicable continuing authority program1 the ,federal share of the cost of a project selected under paragraph 7#b7 shall be #ajj percent4 7#d7 ,sunset ,the authority to commence pursuant to this subsection a project selected under paragraph 7#b7 shall terminate on the date that is #aj years after the date of enactment of this ,act4 7#e7 ,continuing authority program defined ,in this subsection1 the term continuing authority program has the meaning given that term in section #gjja7;c77#a77;,d7 of ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;d74 7b7 ,authorizations of appropriations 7#a7 ,emergency streambank and shoreline protection ,notwithstanding section #ad of the ,flood ,control ,act of #aidf 7#cc ,u4,s4,c4 #gjar71 there is authorized to be appropriated to carry out such section #be1ejj1jjj for each of fiscal years #bjba through #bjbd4 7#b7 ,storm and hurricane restoration and impact minimization program ,notwithstanding section #c7;c7 of the ,act of ,august #ac1 #aidf 7#cc ,u4,s4,c4 #dbf;g7c771 there is authorized to be appropriated to carry out such section #ch1jjj1jjj for each of fiscal years #bjba through #bjbd4 7#c7 ,small river and harbor improvement projects ,notwithstanding section #ajg7;a7 of the ,river and ,harbor ,act of #aifj 7#cc ,u4,s4,c4 #egg7;a771 there is authorized to be appropriated to carry out such section #fc1jjj1jjj for each of fiscal years #bjba through #bjbd4 7#d7 ,regional sediment management ,notwithstanding section #bjd7;g7 of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbf7;g771 there is authorized to be appropriated to carry out such section #fc1jjj1jjj for each of fiscal years #bjba through #bjbd4 7#e7 ,small flood control projects ,notwithstanding section #bje of the ,flood ,control ,act of #aidh 7#cc ,u4,s4,c4 #gjas71 there is authorized to be appropriated to carry out such section #fi1bej1jjj for each of fiscal years #bjba through #bjbd4 7#f7 ,aquatic ecosystem restoration ,notwithstanding section #bjf7;f7 of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bccj7;f771 there is authorized to be appropriated to carry out such section #fc1jjj1jjj for each of fiscal years #bjba through #bjbd4 7#g7 ,removal of obstructions2 clearing channels ,notwithstanding section #b of the ,act of ,august #bh1 #aicg 7#cc ,u4,s4,c4 #gja;g71 there is authorized to be appropriated to carry out such section #h1jjj1jjj for each of fiscal years #bjba through #bjbd4 7#h7 ,project modifications for improvement of environment ,notwithstanding section #aace7;h7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bcji;a7h771 there is authorized to be appropriated to carry out such section #ej1ejj1jjj for each of fiscal years #bjba through #bjbd4 ,,ii ,studies and ,reports #bja4 ,authorization of proposed feasibility studies 7a7 ,in general ,the ,secretary is authorized to conduct a feasibility study for the following projects for water resources development and conservation and other purposes1 as identified in the reports titled ,report to ,congress on ,future ,water ,resources ,development submitted to ,congress pursuant to section #gjja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;d7 or otherwise reviewed by ,congress3 7#a7 ,sulphur ,river1 ,arkansas and ,texas ,project for ecosystem restoration1 ,sulphur ,river1 ,arkansas and ,texas4 7#b7 ,cable ,creek1 ,california ,project for flood risk management1 water supply1 and related benefits1 ,cable ,creek1 ,california4 7#c7 ,oroville ,dam1 ,california ,project for dam safety improvements1 ,oroville ,dam1 ,california4 7#d7 ,rio ,hondo ,channel1 ,california ,project for ecosystem restoration1 ,rio ,hondo ,channel1 ,san ,gabriel ,river1 ,california4 7#e7 ,shingle ,creek and ,kissimmee ,river1 ,florida ,project for ecosystem restoration and water storage1 ,shingle ,creek and ,kissimmee ,river1 ,osceola ,county1 ,florida4 7#f7 ,st4 ,john's ,river and ,lake ,jesup1 ,florida ,project for ecosystem restoration1 ,st4 ,john's ,river and ,lake ,jesup1 ,florida4 7#g7 ,chicago area waterways system1 ,illinois ,project for ecosystem restoration1 recreation1 and other purposes1 ,illinois ,river1 ,chicago ,river1 ,calumet ,river1 ,grand ,calumet ,river1 ,little ,calumet ,river1 and other waterways in the vicinity of ,chicago1 ,illinois4 7#h7 ,fox ,river1 ,illinois ,project for flood risk management1 ,fox ,river1 ,illinois4 7#i7 ,lower ,missouri ,river1 ,kansas ,project for bank stabilization and navigation1 ,lower ,missouri ,river1 ,sioux ,city1 ,kansas4 7#aj7 ,tangipahoa ,parish1 ,louisiana ,project for flood risk management1 ,tangipahoa ,parish1 ,louisiana4 7#aa7 ,newbury and ,newburyport1 ,massachusetts ,project for coastal storm risk management1 ,newbury and ,newburyport1 ,massachusetts4 7#ab7 ,escatawpa ,river ,basin1 ,mississippi ,project for flood risk management and ecosystem restoration1 ,escatawpa ,river1 ,jackson ,county1 ,mississippi4 7#ac7 ,long ,beach1 ,bay ,st4 ,louis and ,mississippi ,sound1 ,mississippi ,project for hurricane and storm damage risk reduction and flood risk management1 ,long ,beach1 ,bay ,st4 ,louis and ,mississippi ,sound1 ,mississippi4 7#ad7 ,tallahoma and ,tallahala ,creeks1 ,mississippi ,project for flood risk management1 ,leaf ,river1 ,jones ,county1 ,mississippi4 7#ae7 ,lower ,missouri ,river1 ,missouri ,project for navigation1 ,lower ,missouri ,river1 ,missouri4 7#af7 ,lower ,osage ,river ,basin1 ,missouri ,project for ecosystem restoration1 ,lower ,osage ,river ,basin1 ,missouri4 7#ag7 ,wyatt1 ,missouri ,project for flood risk management1 ,p4 ,fields ,pump ,station1 ,wyatt1 ,missouri4 7#ah7 ,upper ,basin and ,stony ,brook 7,green ,brook ,sub-,basin71 ,raritan ,river ,basin1 ,new ,jersey ,reevaluation of the ,upper ,basin and ,stony ,brook portions of the project for flood control1 ,green ,brook ,sub-basin1 ,raritan ,river ,basin1 ,new ,jersey1 authorized by section #dja of the ,water ,resources ,development ,act of #aihf 7#ajj ,stat4 #daai71 including the evaluation of nonstructural measures to achieve the project purpose4 7#ai7 ,wading ,river ,creek1 ,new ,york ,project for hurricane and storm damage risk reduction1 flood risk management1 navigation1 and ecosystem restoration1 ,wading ,river ,creek1 ,new ,york4 7#bj7 ,lower ,columbia ,river ,basin 7turning basin71 ,oregon and ,washington ,project to improve and add turning basins for the project for navigation1 ,columbia ,river ,channel1 ,oregon and ,washington1 authorized by section #aja7;b77#ac7 of the ,water ,resources ,development ,act of #aiii 7#aac ,stat4 #bhj74 7#ba7 ,williamsport1 ,pennsylvania ,project for flood risk management and levee rehabilitation1 greater ,williamsport1 ,pennsylvania4 7#bb7 ,city of ,charleston1 ,south ,carolina ,project for tidal- and inland-related flood risk management1 ,charleston1 ,south ,carolina4 7#bc7 ,chocolate ,bayou1 ,texas ,project for flood risk management1 ,chocolate ,bayou1 ,texas4 7#bd7 ,houston-,galveston1 ,texas ,project for navigation1 ,houston-,galveston1 ,texas4 7#be7 ,port ,arthur and ,orange ,county1 ,texas ,project for flood risk management1 ,port ,arthur and ,orange ,county1 ,texas1 including construction of improvements to interior drainage4 7#bf7 ,port of ,victoria1 ,texas ,project for flood risk management1 ,port of ,victoria1 ,texas4 7#bg7 ,virginia ,beach and vicinity1 ,virginia and ,north ,carolina ,project for coastal storm risk management1 ,virginia ,beach and vicinity1 ,virginia and ,north ,carolina4 7b7 ,special rule ,the ,secretary shall consider any study carried out by the ,secretary to formulate the project for flood risk management1 ,port ,arthur and ,orange ,county1 ,texas1 identified in subsection 7a77#be7 to be a continuation of the study carried out for ,sabine ,pass to ,galveston ,bay1 ,texas1 authorized by a resolution of the ,committee on ,environment and ,public ,works of the ,senate1 approved ,june #bc1 #bjjd1 and funded by title ,,iv of division ,b of the ,bipartisan ,budget ,act of #bjah1 under the heading ,corps of ,engineers--,civil--,department of the ,army--,construction 7,public ,law #aae-abc2 #acb ,stat4 #gf74 #bjb4 ,expedited completions 7a7 ,feasibility reports ,the ,secretary shall expedite the completion of a feasibility study for each of the following projects1 and if the ,secretary determines that the project is justified in a completed report1 may proceed directly to preconstruction planning1 engineering1 and design of the project3 7#a7 ,project for navigation1 ,florence1 ,alabama4 7#b7 ,project to modify the project for navigation1 ,tennessee-,tombigbee ,waterway1 ,alabama1 ,kentucky1 ,mississippi1 and ,tennessee4 7#c7 ,project for shoreline stabilization1 ,aunu#8u ,harbor1 ,american ,samoa4 7#d7 ,project for shoreline stabilization1 ,tutuila ,island1 ,american ,samoa4 7#e7 ,project for flood risk management1 ,lower ,santa ,cruz ,river1 ,arizona4 7#f7 ,project for flood risk management1 ,rio de ,flag1 ,arizona4 7#g7 ,project for flood risk management1 ,tonto ,creek1 ,gila ,river1 ,arizona4 7#h7 ,project for flood control1 water conservation1 and related purposes1 ,coyote ,valley ,dam1 ,california4 7#i7 ,project for shoreline stabilization1 ,del ,mar ,bluffs1 ,san ,diego ,county1 ,california1 carried out pursuant to the resolution of the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives adopted on ,april #bb1 #aiii 7docket number #beih74 7#aj7 ,project for flood damage reduction and ecosystem restoration1 ,del ,rosa ,channel1 city of ,san ,bernardino1 ,california4 7#aa7 ,project for flood risk management1 ,lower ,cache ,creek1 ,california4 7#ab7 ,project for flood damage reduction and ecosystem restoration1 ,mission-,zanja ,channel1 cities of ,san ,bernardino and ,redlands1 ,california4 7#ac7 ,project for flood risk management1 ,napa1 ,california4 7#ad7 ,project for shoreline protection1 ,oceanside1 ,california1 authorized pursuant to section #dad of the ,water ,resources ,development ,act of #bjjj 7#aad ,stat4 #bfcf2 #aba ,stat4 #aagf74 7#ae7 ,project for ecosystem restoration and water conservation1 ,prado ,basin1 ,orange1 ,riverside1 and ,san ,bernardino counties1 ,california4 7#af7 ,project for water conservation and water supply1 ,redbank and ,fancher ,creeks1 ,california4 7#ag7 ,project for coastal storm damage reduction1 ,san ,diego ,county shoreline1 ,california4 7#ah7 ,project to modify the project for navigation1 ,san ,francisco ,bay to ,stockton1 ,california4 7#ai7 ,project for flood risk management1 ,san ,francisquito ,creek1 ,california4 7#bj7 ,project to modify the ,seven ,oaks ,dam1 ,california1 portion of the project for flood control1 ,santa ,ana ,river ,mainstem1 ,california1 authorized by section #dja7;a7 of the ,water ,resources ,development ,act of #aihf 7#ajj ,stat4 #daac2 #aja ,stat4 #acbi-aaa2 #ajd ,stat4 #dfaa2 #aaj ,stat4 #cgac2 #aba ,stat4 #aaae71 to include water conservation as an authorized purpose4 7#ba7 ,project for coastal storm damage reduction1 ,southern ,california4 7#bb7 ,project for water storage1 ,halligan ,dam1 ,colorado4 7#bc7 ,project for flood risk management1 ,east ,hartford ,levee ,system1 ,connecticut4 7#bd7 ,project for flood risk management1 ,fairfield and ,new ,haven ,counties1 ,connecticut4 7#be7 ,project for navigation1 ,guilford ,harbor and ,sluice ,channel1 ,connecticut4 7#bf7 ,project for flood risk management1 ,hartford ,levee ,system1 ,connecticut4 7#bg7 ,project for ecosystem restoration1 ,central and ,southern ,florida ,project ,canal #aaa 7,c-#aaa71 ,south ,dade ,county1 ,florida4 7#bh7 ,project for ecosystem restoration1 ,lake ,okeechobee1 ,florida4 7#bi7 ,project for ecosystem restoration1 ,western ,everglades1 ,florida4 7#cj7 ,project for flood risk management1 ,hanapepe ,river1 ,kauai1 ,hawaii4 7#ca7 ,project for flood risk management1 ,wailupe ,stream1 ,oahu1 ,hawaii4 7#cb7 ,project for flood risk management1 ,waimea ,river1 ,kauai1 ,hawaii1 being carried out under section #bje of the ,flood ,control ,act of #aidh 7#cc ,u4,s4,c4 #gjas74 7#cc7 ,project for comprehensive hurricane and storm damage risk reduction and shoreline erosion protection1 ,chicago1 ,illinois1 authorized by section #aja7;a77#ab7 of the ,water ,resources ,development ,act of #aiif 7#aaj ,stat4 #cffd2 #aac ,stat4 #cjb74 7#cd7 ,project for flood risk management1 ,wheaton1 ,du,page ,county1 ,illinois4 7#ce7 ,project for flood damage reduction1 ecosystem restoration1 and recreation1 ,blue ,river ,basin1 ,kansas ,city1 ,kansas1 carried out pursuant to the resolution of the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives adopted on ,september #bd1 #bjjh 7docket number #bhjc74 7#cf7 ,project for flood control1 ,amite ,river and ,tributaries east of the ,mississippi ,river1 ,louisiana4 7#cg7 ,project for coastal storm risk management1 ,upper ,barataria ,basin1 ,louisiana4 7#ch7 ,project for navigation1 ,kent ,narrows and ,chester ,river1 ,queen ,anne's ,county1 ,maryland4 7#ci7 ,project to replace the ,bourne and ,sagamore ,bridges1 ,cape ,cod1 ,massachusetts4 7#dj7 ,project for flood risk management1 ecosystem restoration1 and recreation1 ,lower ,st4 ,croix ,river1 ,minnesota1 carried out pursuant to the resolution of the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives adopted on ,september #be1 #bjjb 7docket number #bgje74 7#da7 ,project to deepen the project for navigation1 ,gulfport ,harbor1 ,mississippi1 authorized by section #bjb7;a7 of the ,water ,resources ,development ,act of #aihf 7#ajj ,stat4 #djid74 7#db7 ,project for navigation1 ,shark ,river1 ,new ,jersey4 7#dc7 ,project for navigation1 ,goldsmith ,inlet1 ,new ,york4 7#dd7 ,project for navigation1 ,lake ,montauk ,harbor1 ,new ,york4 7#de7 ,project for rehabilitation of ,lock ,e-#cb1 ,erie ,canal1 ,pittsford1 ,new ,york4 7#df7 ,project for navigation and shoreline stabilization1 ,reel ,point ,preserve1 ,new ,york1 carried out pursuant to the resolution of the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives adopted on ,may #b1 #bjjg 7docket number #bgge74 7#dg7 ,project for flood risk management1 ,rondout ,creek-,wallkill ,river ,watershed1 ,new ,york1 carried out pursuant to the resolution of the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives adopted on ,may #b1 #bjjg 7docket number #bggf74 7#dh7 ,project for ecosystem restoration and hurricane and storm damage risk reduction1 ,spring ,creek ,south 7,howard ,beach71 ,queens1 ,new ,york4 7#di7 ,project for ecosystem restoration1 ,hood ,river at the confluence with the ,columbia ,river1 ,oregon4 7#ej7 ,project to resolve increased silting and shoaling adjacent to the ,federal channel1 ,port of ,bandon1 ,coquille ,river1 ,oregon4 7#ea7 ,project for flood control1 #dbnd ,street ,levee1 ,springfield1 ,oregon1 being carried out under section #bje of the ,flood ,control ,act of #aidh 7#cc ,u4,s4,c4 #gjas74 7#eb7 ,project for construction of ,tribal housing authorized by title ,,iv of ,public ,law #ajj-eha 7#ajb ,stat4 #bidd71 ,oregon and ,washington4 7#ec7 ,project for flood risk management1 ,dorchester ,county1 ,south ,carolina4 7#ed7 ,project for navigation1 ,georgetown ,harbor1 ,south ,carolina4 7#ee7 ,project for hurricane and storm damage risk reduction1 ,myrtle ,beach1 ,south ,carolina4 7#ef7 ,project to modify the projects for navigation and other purposes1 ,old ,hickory ,lock and ,dam and the ,cordell ,hull ,dam and ,reservoir1 ,cumberland ,river1 ,tennessee1 authorized by the ,act of ,july #bd1 #aidf 7chapter #eie1 #fj ,stat4 #fcf71 to add flood risk management as an authorized purpose4 7#eg7 ,project for flood risk management1 ,buffalo ,bayou1 ,texas4 7#eh7 ,project for flood risk management1 ecosystem restoration1 water supply1 and related purposes1 ,lower ,rio ,grande ,river1 ,cameron ,county1 ,texas1 carried out pursuant to the resolution of the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives adopted on ,may #ba1 #bjjc 7docket number #bgaj74 7#ei7 ,project for hurricane and storm damage risk reduction and shoreline erosion protection1 ,bolongo ,bay1 ,st4 ,thomas1 ,united ,states ,virgin ,islands4 7#fj7 ,project for water supply and ecosystem restoration1 ,howard ,hanson ,dam1 ,washington4 7#fa7 ,project for ecosystem restoration1 ,puget ,sound1 ,washington4 7#fb7 ,project for navigation1 ,seattle ,harbor1 ,washington4 7#fc7 ,project for navigation1 ,tacoma ,harbor1 ,washington4 7#fd7 ,project for dam safety remediation1 ,bluestone ,dam1 ,west ,virginia4 7#fe7 ,project to modify the project for navigation1 ,milwaukee ,harbor1 ,wisconsin4 7b7 ,post-authorization change reports ,the ,secretary shall expedite completion of a post-authorization change report for the following projects3 7#a7 ,project for ecosystem restoration1 ,tres ,rios1 ,arizona4 7#b7 ,project for flood risk management1 ,des ,moines ,levee ,system1 including ,birdland ,park ,levee1 ,des ,moines and ,raccoon ,rivers1 ,des ,moines1 ,iowa4 7c7 ,watershed and river basin assessments ,the ,secretary shall expedite the completion of an assessment under section #gbi of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbfg;a7 for the following3 7#a7 ,kansas ,river ,basin1 ,kansas4 7#b7 ,merrimack ,river ,basin1 ,massachusetts4 7#c7 ,pascagoula ,river ,basin1 ,mississippi4 7#d7 ,tuscarawas ,river ,basin1 ,ohio4 7#e7 ,lower ,fox ,river ,basin1 ,wisconsin4 7#f7 ,upper ,fox ,river ,basin and ,wolf ,river ,basin1 ,wisconsin4 7d7 ,disposition studies ,the ,secretary shall expedite the completion of a disposition study1 carried out under section #baf of the ,flood ,control ,act of #aigj 7#cc ,u4,s4,c4 #edi;a71 for the project for ,salinas ,reservoir 7,santa ,margarita ,lake71 ,california4 7e7 ,reallocation studies ,the ,secretary shall expedite the completion of a study for the reallocation of water supply storage1 carried out in accordance with section #cja of the ,water ,supply ,act of #aieh 7#dc ,u4,s4,c4 #cij;b71 for the following3 7#a7 ,aquilla ,lake1 ,texas4 7#b7 ,lake ,whitney1 ,texas4 7f7 ,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 #bjjg 7#cc ,u4,s4,c4 #feb note74 #bjc4 ,expedited modifications of existing feasibility studies 7a7 ,in general ,the ,secretary shall expedite the completion of the following feasibility studies1 as modified by this section1 and if the ,secretary determines that a project that is the subject of the feasibility study is justified in a completed report1 may proceed directly to preconstruction planning1 engineering1 and design of the project3 7#a7 ,san ,francisco ,bay1 ,california ,the study for flood risk reduction authorized by section #adb of the ,water ,resources ,development ,act of #aigf 7#ij ,stat4 #bicj71 is modified to authorize the ,secretary to-- 7,a7 investigate the ocean shoreline of ,san ,mateo1 ,san ,francisco1 and ,marin ,counties for the purposes of providing flood protection against tidal and fluvial flooding2 7,b7 with respect to the bay and ocean shorelines of ,san ,mateo1 ,san ,francisco1 and ,marin ,counties1 investigate measures to adapt to rising sea levels2 and 7,c7 with respect to the bay and ocean shorelines1 and streams running to the bay and ocean shorelines1 of ,san ,mateo1 ,san ,francisco1 and ,marin ,counties1 investigate the effects of proposed flood protection and other measures or improvements on-- 7i7 the local economy2 7ii7 habitat restoration1 enhancement1 or expansion efforts or opportunities2 7iii7 public infrastructure protection and improvement2 7iv7 stormwater runoff capacity and control measures1 including those that may mitigate flooding2 7v7 erosion of beaches and coasts2 and 7vi7 any other measures or improvements relevant to adapting to rising sea levels4 7#b7 ,sacramento ,river1 ,southern ,sutter ,county1 ,california ,the study for flood control and allied purposes for the ,sacramento ,river ,basin1 authorized by section #bji of the ,flood ,control ,act of #aifb 7#gf ,stat4 #aaig71 is modified to authorize the ,secretary to conduct a study for flood risk management1 southern ,sutter ,county between the ,sacramento ,river and ,sutter ,bypass1 ,california4 7#c7 ,salton ,sea1 ,california ,in carrying out the program to implement projects to restore the ,salton ,sea1 ,california1 authorized by section #cjcb of the ,water ,resources ,development ,act of #bjjg 7#aba ,stat4 #aaac2 #acj ,stat4 #afgg71 the ,secretary is authorized to carry out a study for the construction of a perimeter lake1 or a northern or southern subset thereof1 for the ,salton ,sea1 ,california4 7#d7 ,new ,york and ,new ,jersey ,harbor and ,tributaries1 ,new ,york and ,new ,jersey ,the study for flood and storm damage reduction for the ,new ,york and ,new ,jersey ,harbor and ,tributaries project1 authorized by the ,act of ,june #ae1 #aiee 7chapter #adj1 #fi ,stat4 #acb71 and being carried out pursuant to the ,disaster ,relief ,appropriations ,act1 #bjac 7,public ,law #aac-b71 is modified to require the ,secretary to-- 7,a7 evaluate and address the impacts of low-frequency precipitation and sea-level rise on the study area2 7,b7 consult with affected communities2 and 7,c7 ensure the study is carried out in accordance with section #ajja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;c74 7b7 ,considerations ,where appropriate1 the ,secretary may use the authority provided by section #baf of the ,flood ,control ,act of #aigj 7#cc ,u4,s4,c4 #edi;a7 to carry out this section4 #bjd4 ,assistance to non-,federal sponsors2 feasibility analysis 7a7 ,assistance to non-,federal ,sponsors 7#a7 ,in general ,subject to the availability of appropriations1 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 #gjja7;b7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;d7b771 the ,secretary is authorized to provide assistance in accordance with section #aajd7;b7 of the ,water ,resources ,development ,act of #bjah 7#cc ,u4,s4,c4 #bbhb;d note7 to the non-,federal interest of a project proposal described in paragraph 7#b74 7#b7 ,project proposals described ,a project proposal referred to in paragraph 7#a7 is a proposal for any of the following3 7,a7 ,a feasibility study for a fish passage for ecosystem restoration1 ,lower ,alabama ,river1 ,alabama4 7,b7 ,a feasibility study for dredged material disposal management activities1 ,port of ,florence1 ,alabama4 7,c7 ,a feasibility study for a project for flood risk management1 ,sikorsky ,memorial ,airport1 ,bridgeport1 ,connecticut4 7,d7 ,a feasibility study for a project to design and construct the ,naugatuck ,river ,greenway ,trail1 a multiuse trail on ,federal land between ,torrington and ,derby1 ,connecticut4 7,e7 ,a feasibility study for a project for coastal and flood risk management1 ,stratford1 ,connecticut4 7,f7 ,a feasibility study for projects for flood risk management1 ,woodbridge1 ,connecticut4 7,g7 ,the project for flood risk management1 ,bloomington1 ,indiana4 7,h7 ,the project for flood risk management1 ,gary1 ,indiana4 7,i7 ,modification of the project for beach erosion and hurricane protection1 ,grand ,isle1 ,louisiana1 to include periodic beach nourishment4 7,j7 ,a feasibility study for a project for flood risk management1 ,cataouatche ,subbasin area of the west bank of ,jefferson ,parish1 ,louisiana4 7,k7 ,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 ,parish1 ,louisiana1 including a study of the pump to the river concept4 7,l7 ,a feasibility study for a project for flood risk management1 ,hoosic ,river1 ,massachusetts4 7,m7 ,modification of the project for navigation1 ,river ,rouge1 ,michigan4 7,n7 ,a project to extend dredging of the ,south ,haven ,harbor1 ,michigan1 to include the former turning basin4 7,o7 ,modification of the project for flood risk management1 ,upper ,rouge ,river1 ,wayne ,county1 ,michigan4 7,p7 ,a project for aquatic and riparian ecosystem restoration1 ,line ,creek1 ,riverside1 ,missouri4 7,q7 ,a feasibility study for projects for ecosystem restoration1 ,bangert ,island1 ,st4 ,charles1 ,missouri1 related to channels and aquatic habitats4 7,r7 ,a study of the resiliency of the ,allegheny ,reservoir1 ,new ,york1 in consultation with the ,seneca ,nation4 7,s7 ,a feasibility study for the rehabilitation of the tainter gates and guard gate1 ,caughdenoy ,dam1 ,new ,york1 including an evaluation of the rehabilitation work necessary to extend the service life of those structures1 such as-- 7i7 improvements to the hydraulic efficiency of the gate systems2 7ii7 improvements to the concrete foundation and gate support structures2 and 7iii7 any other improvements the ,secretary determines to be necessary4 7,t7 ,a project for repairs to the ,west ,pier and ,west ,barrier ,bar1 ,little ,sodus ,bay ,harbor1 ,cayuga ,county1 ,new ,york4 7,u7 ,a project for repair of a sheet pile wall and east breakwater1 ,great ,sodus ,bay1 ,new ,york4 7,v7 ,a feasibility study for the project for navigation1 ,port of ,oswego1 ,new ,york4 7,w7 ,a feasibility study for potential projects for the rehabilitation of the ,glens ,falls ,feeder ,canal1 which begins at the ,feeder ,dam intersection with the ,hudson ,river in ,queensbury1 ,new ,york1 and runs to the confluence of the ,old ,champlain ,canal in ,kingsbury1 ,new ,york4 7,x7 ,a feasibility study to determine whether the purchase of additional flood easements1 changes in lake level management1 additional levee infrastructure1 or implementation of other flood risk management or containment mechanisms in the ,arkansas ,river ,basin1 ,oklahoma1 would benefit local communities by reducing flood risks around water resources development projects of the ,corps of ,engineers in a range of different flood scenarios4 7,y7 ,a feasibility study on increasing the frequency and depth of dredging assistance from the ,corps of ,engineers at the ,port of ,astoria1 located at the mouth of the ,columbia ,river1 ,oregon4 7b7 ,feasibility ,analysis 7#a7 ,in general ,subject to the availability of appropriations1 the ,secretary is authorized to review a project proposal described in paragraph 7#b7 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 project4 7#b7 ,project proposals described ,a project proposal referred to in paragraph 7#a7 is a proposal to modify any of the following3 7,a7 ,the project for environmental infrastructure1 ,city of ,sheffield1 ,alabama1 authorized pursuant to section #bai7;f77#gh7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #cce2 #aba ,stat4 #abeh2 #acj ,stat4 #afhg74 7,b7 ,the project for environmental infrastructure1 ,calaveras ,county1 ,california1 under section #bai7;f77#hf7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #cce2 #aba ,stat4 #abei74 7,c7 ,the project for environmental infrastructure1 ,charlotte ,county1 ,florida1 authorized by section #bai7;f77#aba7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #cce2 #aba ,stat4 #abfa74 7,d7 ,the ,mississippi ,river and ,tributaries project authorized by the first section of the ,act of ,may #ae1 #aibh 7#cc ,u4,s4,c4 #gjb;a71 to include the portion of the ,ouachita ,river ,levee ,system at and below ,monroe1 ,louisiana1 to ,caldwell ,parish1 ,louisiana4 7,e7 ,the project for environmental infrastructure1 ,central ,new ,mexico1 authorized by section #eic of the ,water ,resources ,development ,act of #aiii 7#aac ,stat4 #chj2 #aai ,stat4 #bbee74 7,f7 ,the project for environmental infrastructure1 ,village of ,whitehall1 ,new ,york1 authorized pursuant to section #edb of the ,water ,resources ,development ,act of #bjjj 7#aad ,stat4 #bfga2 #aba ,stat4 #aaej74 7,g7 ,the project for environmental infrastructure1 ,ohio and ,north ,dakota1 authorized by section #eid of the ,water ,resources ,development ,act of #aiii 7#aac ,stat4 #chc2 #aba ,stat4 #aadj2 #aba ,stat4 #aidd74 7,h7 ,the project for flood risk management and water supply1 ,tenkiller ,ferry ,lake1 ,arkansas ,river ,basin1 ,oklahoma1 authorized by section #d of the ,act of ,june #bh1 #aich 7chapter #gie1 #eb ,stat4 #abah71 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 ,reservoir4 7,i7 ,the project for environmental infrastructure1 ,athens1 ,tennessee1 authorized by section #bai7;f77#bed7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #cce2 #aba ,stat4 #abfg74 7,j7 ,the project for environmental infrastructure1 ,blaine1 ,tennessee1 authorized by section #bai7;f77#bee7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #cce2 #aba ,stat4 #abfg74 7,k7 ,the project for environmental infrastructure1 ,claiborne ,county1 ,tennessee1 authorized by section #bai7;f77#bef7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #cce2 #aba ,stat4 #abfg74 7,l7 ,the project for environmental infrastructure1 ,giles ,county1 ,tennessee1 authorized by section #bai7;f77#beg7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #cce2 #aba ,stat4 #abfg74 7,m7 ,the project for environmental infrastructure1 ,grainger ,county1 ,tennessee1 authorized by section #bai7;f77#beh7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #cce2 #aba ,stat4 #abfg74 7,n7 ,the project for environmental infrastructure1 ,hamilton ,county1 ,tennessee1 authorized by section #bai7;f77#bei7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #cce2 #aba ,stat4 #abfg74 7,o7 ,the project for environmental infrastructure1 ,harrogate1 ,tennessee1 authorized by section #bai7;f77#bfj7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #cce2 #aba ,stat4 #abfg74 7,p7 ,the project for environmental infrastructure1 ,johnson ,county1 ,tennessee1 authorized by section #bai7;f77#bfa7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #cce2 #aba ,stat4 #abfg74 7,q7 ,the project for environmental infrastructure1 ,knoxville1 ,tennessee1 authorized by section #bai7;f77#bfb7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #cce2 #aba ,stat4 #abfg74 7,r7 ,the project for environmental infrastructure1 ,lewis1 ,lawrence1 and ,wayne ,counties1 ,tennessee1 authorized by section #bai7;f77#bfd7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #cce2 #aba ,stat4 #abfh74 7,s7 ,the project for environmental infrastructure1 ,nashville1 ,tennessee1 authorized by section #bai7;f77#bfc7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #cce2 #aba ,stat4 #abfg74 7,t7 ,the project for environmental infrastructure1 ,oak ,ridge1 ,tennessee1 authorized by section #bai7;f77#bfe7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #cce2 #aba ,stat4 #abfh74 7,u7 ,the project for environmental infrastructure1 ,plateau ,utility ,district1 ,morgan ,county1 ,tennessee1 authorized by section #bai7;f77#bff7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #cce2 #aba ,stat4 #abfh74 7,v7 ,the authorized funding level for critical restoration projects1 ,lake ,champlain watershed1 ,vermont and ,new ,york1 authorized by section #edb of the ,water ,resources ,development ,act of #bjjj 7#aad ,stat4 #bfga2 #aba ,stat4 #aaej74 7,w7 ,the project for environmental infrastructure1 ,eastern ,shore and ,southwest ,virginia1 authorized by section #bai7;f77#aj7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #cce2 #aba ,stat4 #abee74 #bje4 ,selma1 ,alabama ,not later than #ahj days after the date of enactment of this ,act1 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-- 7#a7 provides an update on the study for flood risk management and riverbank stabilization1 ,selma1 ,alabama1 authorized by resolutions of the ,committees on ,public ,works and ,rivers and ,harbors of the ,house of ,representatives on ,june #g1 #aifa1 and ,april #bh1 #aicf1 respectively1 the completion of which the ,secretary was required to expedite by section #abjc of the ,water ,resources ,development ,act of #bjah 7#acb ,stat4 #chjc72 and 7#b7 identifies project alternatives necessary to-- 7,a7 assure the preservation of cultural and historic values associated with national historic landmarks within the study area2 and 7,b7 provide flood risk management for economically disadvantaged communities within the study area4 #bjf4 ,report on ,corps of ,engineers facilities in ,appalachia 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in collaboration with the ,appalachian ,regional ,commission established by section #adcja7;a7 of title #dj1 ,united ,states ,code1 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-- 7#a7 is located within a distressed county or an at-risk county 7as designated by the ,appalachian ,regional ,commission pursuant to subparagraph 7,a7 or 7,b7 of section #adebf7;a77#a71 of title #dj1 ,united ,states ,code71 including in counties that are experiencing high unemployment or job loss2 and 7#b7 could be improved for purposes of economic development1 recreation1 or other uses4 7b7 ,hydropower facilities 7#a7 ,identification of potential hydropower development ,the ,secretary shall include in the report submitted under subsection 7a7 the identification of any existing nonpowered dams1 located within a distressed county or an at-risk county1 with the potential to be used to test1 evaluate1 pilot1 demonstrate1 or deploy hydropower or energy storage technologies4 7#b7 ,information ,in carrying out this subsection1 the ,secretary may use any information developed pursuant to section #abjf of the ,water ,resources ,development ,act of #bjah 7#acb ,stat4 #chjf74 7#c7 ,coordination ,in carrying out paragraph 7#a71 the ,secretary shall coordinate with any relevant ,national ,laboratories4 #bjg4 ,additional studies under ,north ,atlantic ,coast ,comprehensive ,study 7a7 ,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 ,act1 #bjac 7,public ,law #aac-b7 that was not included in a high-risk focus area identified in the study4 7b7 ,treatment ,a study carried out under subsection 7a7 shall be considered to be a continuation of the comprehensive study described in that subsection4 #bjh4 ,south ,atlantic coastal study ,section #abjd of the ,water ,resources ,development ,act of #bjaf 7#acj ,stat4 #afhe7 is amended by adding at the end the following3 7d7 ,annual reports ,not later than #ahj days after the enactment of the ,water ,resources ,development ,act of #bjbj1 and not less frequently than annually thereafter until #bjbe1 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 7a71 on a ,state-by-,state basis1 including information on the engagement of the ,corps of ,engineers with non-,federal interests1 including detailed lists of all meetings and decision outcomes associated with those engagements4 4 #bji4 ,comprehensive study of the ,sacramento ,river1 ,yolo ,bypass1 ,california 7a7 ,comprehensive study ,the ,secretary shall conduct a comprehensive study of the ,sacramento ,river in the vicinity of the ,yolo ,bypass ,system1 ,california1 to identify actions to be undertaken by the ,secretary for the comprehensive management of the ,yolo ,bypass ,system for the purposes of flood risk management1 ecosystem restoration1 water supply1 hydropower1 and recreation4 7b7 ,consultation and use of existing data 7#a7 ,consultation ,in conducting the comprehensive study under subsection 7a71 the ,secretary shall consult with the ,governor of the ,state of ,california1 applicable ,federal1 ,state1 and local agencies1 non-,federal interests1 the ,yolo ,bypass and ,cache ,slough ,partnership1 and other stakeholders4 7#b7 ,use of existing data and prior studies ,to the maximum extent practicable and where appropriate1 the ,secretary may-- 7,a7 make use of existing data provided to the ,secretary by the entities identified in paragraph 7#a72 and 7,b7 incorporate-- 7i7 relevant information from prior studies and projects carried out by the ,secretary within the study area2 and 7ii7 the latest technical data and scientific approaches to changing hydrologic and climatic conditions4 7c7 ,recommendations 7#a7 ,in general ,in conducting the comprehensive study under subsection 7a71 the ,secretary may develop a recommendation to ,congress for-- 7,a7 the construction of a water resources development project2 7,b7 the structural or operational modification of an existing water resources development project2 7,c7 additional monitoring of1 or adaptive management measures to carry out with respect to1 existing water resources development projects1 to respond to changing hydrologic and climatic conditions2 or 7,d7 geographic areas within the ,yolo ,bypass ,system for additional study by the ,secretary4 7#b7 ,additional considerations ,any feasibility study carried out pursuant to a recommendation under paragraph 7#a77;,d7 shall be considered to be a continuation of the comprehensive study authorized under subsection 7a74 7d7 ,completion of study2 report to ,congress ,not later than #c years after the date of enactment of this section1 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-- 7#a7 the results of the comprehensive study conducted under subsection 7a71 including any recommendations developed under subsection 7c72 7#b7 any additional1 site-specific areas within the ,yolo ,bypass ,system where additional study for flood risk management or ecosystem restoration projects is recommended by the ,secretary2 and 7#c7 any interim actions relating to existing water resources development projects undertaken by the ,secretary during the study period4 7e7 ,definitions ,in this section3 7#a7 ,yolo ,bypass ,system ,the term ,yolo ,bypass ,system means the system of weirs1 levees1 bypass structures1 and other water resources development projects in ,california's ,sacramento ,river ,valley1 extending from the ,fremont ,weir near ,woodland1 ,california1 to the ,sacramento ,river near ,rio ,vista1 ,california1 authorized pursuant to section #b of the ,act of ,march #a1 #aiag 7chapter #add2 #ci ,stat4 #idi74 7#b7 ,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 ,understanding1 effective ,may #bjaf1 regarding collaboration and cooperation in the ,yolo ,bypass and ,cache ,slough region4 #baj4 ,lake ,okeechobee regulation schedule1 ,florida 7a7 ,in general ,in carrying out the review of the ,lake ,okeechobee regulation schedule pursuant to section #aajf of the ,water ,resources ,development ,act of #bjah 7#acb ,stat4 #cggc71 the ,secretary shall-- 7#a7 evaluate the implications of prohibiting releases from ,lake ,okeechobee through the ,s-#cjh and ,s-#hj lock and dam structures1 and evaluate separately the implications of prohibiting high volume releases through the ,s-#gg1 ,s-#gh1 and ,s-#gi lock and dam structures1 on the operation of the lake in accordance with authorized purposes and seek to minimize unnecessary releases to coastal estuaries2 and 7#b7 to the maximum extent practicable1 coordinate with the ongoing efforts of ,federal and ,state agencies responsible for monitoring1 forecasting1 and notification of cyanobacteria levels in ,lake ,okeechobee4 7b7 ,monthly report ,each month1 the ,secretary shall make public a report1 which may be based on the ,water ,management ,daily ,operational ,reports1 disclosing the volumes of water deliveries to or discharges from ,lake ,okeechobee ,vicinity1 ,water ,conservation ,area ,i1 ,water ,conservation ,area ,,ii1 ,water ,conservation ,area ,,iii1 ,east ,coast ,canals1 and the ,south ,dade ,conveyance4 ,such report shall be aggregated and reported in a format designed for the general public1 using maps or other widely understood communication tools4 7c7 ,effect ,in carrying out the evaluation under subsection 7a77#a71 nothing shall be construed to authorize any new purpose for the management of ,lake ,okeechobee or authorize the ,secretary to affect any existing authorized purpose1 including flood protection and management of ,lake ,okeechobee to provide water supply for all authorized users4 #baa4 ,great ,lakes coastal resiliency study 7a7 ,in general ,in carrying out the comprehensive assessment of water resources needs for the ,great ,lakes ,system under section #gbi of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbfg;a71 as required by section #abai of the ,water ,resources ,development ,act of #bjah 7#acb ,stat4 #chaa71 the ,secretary shall-- 7#a7 taking into account recent high lake levels within the ,great ,lakes1 assess and make recommendations to ,congress on-- 7,a7 coastal storm and flood risk management measures1 including measures that use natural features and nature-based features1 as those terms are defined in section #aahd of the ,water ,resources ,development ,act of #bjaf 7#cc ,u4,s4,c4 #bbhi;a72 7,b7 operation and maintenance of the ,great ,lakes ,navigation ,system1 as such term is defined in section #baj of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch72 7,c7 ecosystem protection and restoration2 7,d7 the prevention and control of invasive species and the effects of invasive species2 and 7,e7 recreation associated with water resources development projects2 7#b7 prioritize actions necessary to protect critical public infrastructure1 communities1 and critical natural or cultural resources2 and 7#c7 to the maximum extent practicable and where appropriate1 utilize existing data provided to the ,secretary by ,federal and ,state agencies1 ,indian ,tribes1 and other stakeholders1 including data obtained through other ,federal programs4 7b7 ,recommendations2 additional study 7#a7 ,in general ,in carrying out the comprehensive assessment described in subsection 7a71 the ,secretary may make a recommendation to ,congress for-- 7,a7 the construction of a water resources development project2 7,b7 the structural or operational modification of an existing water resources development project2 7,c7 additional monitoring of1 or adaptive management measures to carry out with respect to1 existing water resources development projects1 to respond to changing hydrologic and climatic conditions2 or 7,d7 geographic areas within the ,great ,lakes ,system for additional study by the ,secretary4 7#b7 ,focus areas ,in addition to carrying out subsection 7a71 to contribute to the comprehensive assessment described in such subsection1 the ,secretary is authorized to conduct feasibility studies for-- 7,a7 the project for coastal storm resiliency1 ,lake ,ontario shoreline1 ,new ,york2 and 7,b7 the project for coastal storm resiliency1 ,chicago shoreline1 ,illinois4 7#c7 ,additional considerations ,any feasibility study carried out pursuant to this subsection1 including pursuant to a recommendation under paragraph 7#a77;,d71 shall be considered to be a continuation of the comprehensive assessment described in subsection 7a74 7c7 ,exemption from maximum study cost and duration limitations ,section #ajja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;c7 shall not apply to any study recommended under subsection 7b77#a77;,d7 or carried out pursuant to subsection 7b77#b74 #bab4 ,report on the status of restoration in the ,louisiana coastal area ,not later than #a year after the date of enactment of this ,act1 the ,coastal ,louisiana ,ecosystem ,protection and ,restoration ,task ,force established by section #gjjd of ,water ,resources ,development ,act of #bjjg 7#aba ,stat4 #abgb7 shall submit to ,congress a report that summarizes the activities and recommendations of the ,task ,force1 including-- 7#a7 policies1 strategies1 plans1 programs1 projects1 and activities undertaken for addressing conservation1 protection1 restoration1 and maintenance of the coastal ,louisiana ecosystem2 and 7#b7 financial participation by each agency represented on the ,task ,force in conserving1 protecting1 restoring1 and maintaining the coastal ,louisiana ecosystem4 #bac4 ,lower ,mississippi ,river comprehensive management study 7a7 ,comprehensive study 7#a7 ,purpose ,the ,secretary1 in collaboration with the heads of other relevant ,federal agencies and pursuant to subsection 7d77#a77;,a71 shall conduct a comprehensive study of the ,lower ,mississippi ,river basin1 from ,cape ,girardeau1 ,missouri1 to the ,gulf of ,mexico1 to identify recommendations of actions to be undertaken by the ,secretary1 under existing authorities or after congressional authorization1 for the comprehensive management of the basin for the purposes of-- 7,a7 hurricane and storm damage reduction1 flood risk management1 structural and nonstructural flood control1 and floodplain management strategies2 7,b7 navigation2 7,c7 ecosystem and environmental restoration2 7,d7 water supply2 7,e7 hydropower production2 7,f7 recreation2 and 7,g7 other purposes as determined by the ,secretary4 7#b7 ,development ,in conducting the comprehensive study under paragraph 7#a71 the ,secretary shall investigate-- 7,a7 the construction of new water resources development projects2 7,b7 structural and operational modifications to completed water resources development projects within the study area2 7,c7 projects proposed in the comprehensive coastal protection master plan entitled ,louisiana's ,comprehensive ,master ,plan for a ,sustainable ,coast1 prepared by the ,state of ,louisiana and accepted by the ,louisiana ,coastal ,protection and ,restoration ,authority 7including any subsequent amendments or revisions71 including-- 7i7 ,ama sediment diversion2 7ii7 ,union freshwater diversion2 7iii7 increase ,atchafalaya flow to ,terrebonne2 and 7iv7 ,manchac ,landbridge diversion2 7,d7 natural features and nature-based features1 including levee setbacks and instream and floodplain restoration2 7,e7 fish and wildlife habitat resources1 including in the ,mississippi ,sound ,estuary1 the ,lake ,pontchartrain ,basin1 the ,breton ,sound1 the ,barataria ,basin1 the ,terrebonne ,basin1 the ,atchafalaya ,basin1 the ,vermilion-,teche ,basin1 and other outlets of the ,mississippi ,river and ,tributaries project2 7,f7 mitigation of adverse impacts from operations of flood control structures to the ,mississippi ,sound ,estuary1 the ,lake ,pontchartrain ,basin1 the ,breton ,sound1 the ,barataria ,basin1 the ,atchafalaya ,basin1 and other outlets of the ,mississippi ,river and ,tributaries project2 7,g7 the effects of dredging and river-bottom elevation changes on drainage efficiency2 7,h7 the economic impacts of existing practices1 including such impacts on coastal resources2 7,i7 monitoring requirements1 including as near-real time monitoring as practicable1 and adaptive management measures to respond to changing conditions over time2 7,j7 the division of responsibilities among the ,federal ,government and non-,federal interests with respect to the purposes described in paragraph 7#a72 and 7,k7 other matters1 as determined by the ,secretary4 7b7 ,consultation and use of existing data ,in conducting the comprehensive study under subsection 7a71 the ,secretary shall consult with applicable ,federal1 ,state1 and local agencies1 ,indian ,tribes1 non-,federal interests1 and other stakeholders1 and1 to the maximum extent practicable and where appropriate1 make use of existing data provided to the ,secretary by such entities or from any relevant multistate monitoring programs4 7c7 ,recommendations ,in conducting the comprehensive study under subsection 7a71 the ,secretary shall develop actionable recommendations to ,congress1 including for-- 7#a7 the construction of new water resources development projects to improve the maximum effective river resource use and control2 7#b7 the structural or operational modification of completed water resources development projects2 7#c7 such additional monitoring of1 or adaptive management measures to carry out with respect to1 completed water resources development projects1 to respond to changing conditions2 7#d7 improving the efficiency of operational and maintenance dredging within the study area2 7#e7 whether changes are necessary to the ,mississippi ,river and ,tributaries project within the study area2 7#f7 other ,federal and non-,federal action1 where appropriate2 and 7#g7 follow-up studies and data collection and monitoring to be carried out by the relevant ,federal or ,state agency4 7d7 ,completion of study2 report to ,congress 7#a7 ,annual reports ,not later than #a year after the date of enactment of this ,act1 and annually thereafter until the final report under paragraph 7#b7 is submitted1 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-- 7,a7 any interim actions relating to water resources development projects within the study area undertaken by the ,secretary under existing authority2 and 7,b7 any recommendations developed under subsection 7c74 7#b7 ,final report ,not later than #e years after the date of enactment of this section1 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 section1 including the recommendations developed under subsection 7c74 7#c7 ,application of certain requirements ,section #ajja7;a7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;c7a77 shall not apply to the study carried out by the ,secretary under this section4 7e7 ,further analysis 7#a7 ,in general ,in conducting the comprehensive study under subsection 7a71 the ,secretary shall carry out activities in geographic areas that warrant additional analysis by the ,corps of ,engineers1 including feasibility studies4 7#b7 ,treatment ,a feasibility study carried out under paragraph 7#a7 shall be considered to be a continuation of the comprehensive study conducted under subsection 7a74 7f7 ,requirements ,the comprehensive study conducted under subsection 7a7 shall be carried out in accordance with the authorities for the ,mississippi ,river and ,tributaries project4 7g7 ,definitions ,in this section3 7#a7 ,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 #ae1 #aibh 7#cc ,u4,s4,c4 #gjb;a74 7#b7 ,natural feature2 nature-based feature ,the terms natural feature and nature-based feature have the meanings given those terms in section #aahd of the ,water ,resources ,development ,act of #bjaf 7#cc ,u4,s4,c4 #bbhi;a74 7h7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #be1jjj1jjj1 to remain available until expended4 7i7 ,savings provision ,nothing in this section shall delay or interfere with1 or be construed as grounds for enjoining construction of1 authorized projects within the study area4 #bad4 ,upper ,mississippi ,river ,comprehensive ,plan 7a7 ,assessment ,the ,secretary shall conduct an assessment of the water resources needs of the ,upper ,mississippi ,river under section #gbi of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbfg;a74 7b7 ,requirements ,the ,secretary shall carry out the assessment under subsection 7a7 in accordance with the requirements in section #abjf7;b7 of ,water ,resources ,development ,act of #bjaf 7#acj ,stat4 #afhf74 #bae4 ,upper ,missouri ,river ,basin mainstem dam fish loss research 7a7 ,in general ,pursuant to section #bb of the ,water ,resources ,development ,act of #aigd 7#db ,u4,s4,c4 #aifb;d-#af71 the ,secretary shall conduct research on the management of fish losses through the mainstem dams of the ,missouri ,river ,basin during periods of high flow4 7b7 ,contents ,the research conducted under subsection 7a7 shall include an examination of-- 7#a7 the effects of high flow rates through ,upper ,missouri ,river ,basin mainstem dam outlet works on fish passage2 7#b7 options used by other ,corps of ,engineers district offices to mitigate fish losses through dams2 and 7#c7 the feasibility of implementing fish loss mitigation options in the ,upper ,missouri ,river ,basin mainstem dams1 based on similar ongoing studies4 7c7 ,report ,not later than #ah months after the date of enactment of this ,act1 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 ,basin4 #baf4 ,lower and ,upper ,missouri ,river ,comprehensive ,flood ,protection 7a7 ,additional studies for ,lower ,missouri ,river ,basin 7#a7 ,in general ,except as provided in paragraph 7#b71 upon the request of the non-,federal interest for the ,lower ,missouri ,basin study1 the ,secretary shall expand the scope of such study to investigate and provide recommendations relating to-- 7,a7 modifications to projects in ,iowa1 ,kansas1 ,nebraska1 and ,missouri authorized under the ,pick-,sloan ,missouri ,river ,basin ,program 7authorized by section #i7;b7 of the ,act of ,december #bb1 #aidd 7chapter #ffe1 #eh ,stat4 #hia77 and the ,missouri ,river ,bank ,stabilization and ,navigation project 7authorized by section #b of the ,act of ,march #b1 #aide 7chapter #ai1 #ei ,stat4 #ai771 including modifications to the authorized purposes of such projects to further flood risk management and resiliency2 and 7,b7 modifications to non-,federal1 publicly owned levees in the ,lower ,missouri ,river ,basin4 7#b7 ,exception ,if the ,secretary determines that expanding the scope of the ,lower ,missouri ,basin study as provided in paragraph 7#a7 is not practicable1 and the non-,federal interest for such study concurs in such determination1 the ,secretary shall carry out such additional studies as are necessary to investigate the modifications described in paragraph 7#a74 7#c7 ,continuation of ,lower ,missouri ,basin study ,the following studies shall be considered a continuation of the ,lower ,missouri ,basin study3 7,a7 ,any additional study carried out under paragraph 7#b74 7,b7 ,any study recommended to be carried out in a report that the ,chief of ,engineers prepares for the ,lower ,missouri ,basin study4 7,c7 ,any study recommended to be carried out in a report that the ,chief of ,engineers prepares for an additional study carried out under paragraph 7#b74 7,d7 ,any study spun off from the ,lower ,missouri ,basin study before the completion of such study4 7,e7 ,any study spun off from an additional study carried out under paragraph 7#b7 before the completion of such additional study4 7#d7 ,reliance on existing information ,in carrying out any study described in or authorized by this subsection1 the ,secretary1 to the extent practicable1 shall rely on existing data and analysis1 including data and analysis prepared under section #bb of the ,water ,resources ,development ,act of #aigd 7#db ,u4,s4,c4 #aifb;d-#af74 7#e7 ,consideration2 consultation ,in developing recommendations under paragraph 7#a71 the ,secretary shall-- 7,a7 consider the use of-- 7i7 structural and nonstructural measures1 including the setting back of levees and removing structures from areas of recurring flood vulnerability1 where advantageous1 to reduce flood risk and damages in the ,lower ,missouri ,river ,basin2 and 7ii7 where such features are locally acceptable1 natural features or nature-based features 7as such terms are defined in section #aahd of the ,water ,resources ,development ,act of #bjaf 7#cc ,u4,s4,c4 #bbhi;a72 and 7,b7 consult with applicable ,federal and ,state agencies1 ,indian ,tribes1 and other stakeholders within the ,lower ,missouri ,river ,basin and solicit public comment on such recommendations4 7#f7 ,exemption from maximum study cost and duration limitations ,section #ajja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;c7 shall not apply to the ,lower ,missouri ,basin study or any study described in paragraph 7#c74 7#g7 ,preconstruction1 engineering1 and design ,upon completion of a study authorized by this subsection1 if the ,secretary determines that a recommended project1 or modification to a project described in paragraph 7#a71 is justified1 the ,secretary may proceed directly to preconstruction planning1 engineering1 and design of the project or modification4 7#h7 ,technical assistance 7,a7 ,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 ,basin1 for each of fiscal years #bjba through #bjbf1 there are authorized to be appropriated-- 7i7 #b1jjj1jjj to carry out section #bjf of the ,flood ,control ,act of #aifj 7#cc ,u4,s4,c4 #gji;a71 in addition to amounts otherwise authorized to carry out such section2 and 7ii7 #b1jjj1jjj to carry out section #bb7;a77#b7 of the ,water ,resources ,development ,act of #aigd 7#db ,u4,s4,c4 #aifb;d-#af71 in addition to amounts otherwise authorized to carry out such section4 7,b7 ,conditions 7i7 ,limitations not applicable ,the limitations on the use of funds in section #bjf7;d7 of the ,flood ,control ,act of #aifj and section #bb7;c77#b7 of the ,water ,resources ,development ,act of #aigd shall not apply to the amounts authorized to be appropriated by subparagraph 7,a74 7ii7 ,rule of construction ,nothing in this paragraph restricts the authority of the ,secretary to use any funds otherwise appropriated to carry out section #bjf of the ,flood ,control ,act of #aifj or section #bb7;a77#b7 of the ,water ,resources ,development ,act of #aigd to provide technical assistance described in subparagraph 7,a74 7#i7 ,completion of study2 report to ,congress ,not later than #c years after the date of enactment of this ,act1 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-- 7,a7 the results of the study authorized by this subsection2 7,b7 any additional1 site-specific areas within the ,lower ,missouri ,river ,basin for which additional study for flood risk management projects is recommended by the ,secretary2 and 7,c7 any interim actions relating to existing water resources development projects in the ,lower ,missouri ,river ,basin undertaken by the ,secretary during the study period4 7#aj7 ,definitions ,in this subsection3 7,a7 ,lower ,missouri ,basin study ,the term ,lower ,missouri ,basin study means the ,lower ,missouri ,basin ,flood ,risk and ,resiliency ,study1 ,iowa1 ,kansas1 ,nebraska1 and ,missouri1 authorized pursuant to section #baf of the ,flood ,control ,act of #aigj 7#cc ,u4,s4,c4 #edi;a74 7,b7 ,small community ,the term small community means a local government that serves a population of less than #ae1jjj4 7b7 ,upper ,missouri ,river ,basin comprehensive study 7#a7 ,in general ,the ,secretary1 in collaboration with the heads of other relevant ,federal agencies1 shall conduct a comprehensive study to address flood risk in areas affected by severe flooding in #bjai along the ,upper ,missouri ,river1 including an examination of-- 7,a7 the use of structural and nonstructural flood control and floodplain management strategies1 including the consideration of natural features or nature-based features 7as such terms are defined in section #aahd of the ,water ,resources ,development ,act of #bjaf 7#cc ,u4,s4,c4 #bbhi;a72 7,b7 continued operation and maintenance of the navigation project2 7,c7 management of bank caving and erosion2 7,d7 maintenance of water supply2 7,e7 fish and wildlife habitat management2 7,f7 recreation needs2 7,g7 environmental restoration needs2 7,h7 the division of responsibilities of the ,federal ,government and non-,federal interests with respect to ,missouri ,river flooding2 7,i7 the roles and responsibilities of ,federal agencies with respect to ,missouri ,river flooding2 and 7,j7 any other related matters1 as determined by the ,secretary4 7#b7 ,recommendations ,in conducting the study under this subsection1 the ,secretary may develop recommendations to ,congress for-- 7,a7 the construction of a water resources development project2 7,b7 the structural or operational modification of an existing water resources development project2 7,c7 such additional monitoring of1 or adaptive management measures to carry out with respect to1 existing water resources development projects1 to respond to changing conditions2 7,d7 geographic areas within the ,upper ,missouri ,river basin for additional study by the ,secretary2 7,e7 management plans and actions to be carried out by the responsible ,federal agencies to reduce flood risk and improve resiliency2 7,f7 any necessary changes to the general comprehensive plan for flood control and other purposes in the ,missouri ,river ,basin under section #d of the ,act of ,june #bh1 #aich 7chapter #gie1 #eb ,stat4 #abah2 #eh ,stat4 #hia72 and 7,g7 follow-up studies for problem areas for which data or current technology does not allow immediate solutions4 7#c7 ,completion of study2 report to ,congress ,not later than #c years after the date of enactment of this subsection1 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-- 7,a7 contains the results of the comprehensive study required by this subsection1 including any recommendations developed under paragraph 7#b72 7,b7 addresses-- 7i7 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 7#b77;,f72 7ii7 adverse impacts to navigation and other authorized purposes of the applicable ,missouri ,river project with respect to any changes recommended under paragraph 7#b77;,f72 and 7iii7 whether there are opportunities for increased non-,federal management in the ,upper ,missouri ,river ,basin2 7,c7 recognizes-- 7i7 the interest and rights of ,states in-- 7,i7 determining the development of watersheds within the borders of the ,state2 and 7,,ii7 water utilization and control2 and 7ii7 the primary responsibilities of ,states and local interests in developing water supplies for domestic1 municipal1 industrial1 and other purposes2 and 7,d7 describes any interim actions relating to existing water resources development projects in the ,upper ,missouri ,river ,basin undertaken by the ,secretary during the study period4 7#d7 ,consultation ,in carrying out this subsection1 the ,secretary shall consult with applicable ,federal and ,state agencies1 ,indian ,tribes1 and other stakeholders within the ,upper ,missouri ,river ,basin and solicit public comment4 7#e7 ,reliance on existing information ,in carrying out any study described in or authorized by this subsection1 the ,secretary1 to the extent practicable1 shall rely on existing data and analysis1 including data and analysis prepared under section #bb of the ,water ,resources ,development ,act of #aigd 7#db ,u4,s4,c4 #aifb;d-#af74 7#f7 ,exemption from maximum study cost and duration limitations ,section #ajja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;c7 shall not apply to the comprehensive study carried out under this section or any feasibility study described in paragraph 7#g74 7#g7 ,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 7#a74 7#h7 ,definition ,in this subsection1 the term ,missouri ,river project means a project constructed as part of-- 7,a7 the ,pick-,sloan ,missouri ,river ,basin ,program 7authorized by section #i7;b7 of the ,act of ,december #bb1 #aidd 7chapter #ffe1 #eh ,stat4 #hia771 located in the ,states of ,wyoming1 ,montana1 ,north ,dakota1 or ,south ,dakota2 7,b7 the ,missouri ,river ,bank ,stabilization and ,navigation project 7authorized by section #b of the ,act of ,march #b1 #aide 7chapter #ai1 #ei ,stat4 #ai772 or 7,c7 a non-,federal1 publicly owned levee system located within the ,upper ,missouri ,river ,basin4 7c7 ,coordination ,upon completion of the studies under subsections 7a7 and 7b71 the ,secretary shall develop a strategy that1 to the maximum extent practicable1 coordinates and aligns the results of such studies4 #bag4 ,portsmouth ,harbor and ,piscataqua ,river and ,rye ,harbor1 ,new ,hampshire 7a7 ,requirement to expedite ,the ,secretary shall expedite authorized activities to address the impacts of shoaling affecting the project for navigation1 ,rye ,harbor1 ,new ,hampshire1 authorized by section #aja of the ,river and ,harbor ,act of #aifj 7#gd ,stat4 #dhj74 7b7 ,status update ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a written status update regarding-- 7#a7 the activities required to be expedited under subsection 7a72 and 7#b7 the project for navigation1 ,portsmouth ,harbor and ,piscataqua ,river1 authorized by section #aja of the ,river and ,harbor ,act of #aifb 7#gf ,stat4 #aagc71 as required to be expedited under section #acag of the ,water ,resources ,development ,act of #bjah 7#acb ,stat4 #chbc74 #bah4 ,cougar and ,detroit ,dams1 ,willamette ,river ,basin1 ,oregon 7a7 ,report ,not later than #b years after the date of enactment of this ,act1 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 ,senate1 and make publicly available1 a report providing an initial analysis of deauthorizing hydropower as a project purpose at the ,cougar and ,detroit ,dams project4 7b7 ,contents ,the ,secretary shall include in the report submitted under subsection 7a7-- 7#a7 a description of the potential effects of deauthorizing hydropower as a project purpose at the ,cougar and ,detroit ,dams project on-- 7,a7 the operation of the project1 including with respect to the other authorized purposes of the project2 7,b7 compliance of the project with the ,endangered ,species ,act2 7,c7 costs that would be attributed to other authorized purposes of the project1 including costs relating to compliance with such ,act2 and 7,d7 other ongoing studies in the ,willamette ,river ,basin2 and 7#b7 identification of any further research needed4 7c7 ,project defined ,in this section1 the terms ,cougar and ,detroit ,dams project and project mean the ,cougar ,dam and ,reservoir project and ,detroit ,dam and ,reservoir project1 ,willamette ,river ,basin1 ,oregon1 authorized by section #bjd of the ,flood ,control ,act of #aiej 7#fd ,stat4 #agi71 and facilities that operate in conjunction with the main ,detroit ,dam facility1 including the ,big ,cliff re-regulating dam4 #bai4 ,port ,orford1 ,oregon ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall1 at ,federal expense1 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 navigation1 ,port ,orford1 ,oregon1 authorized by section #aag of the ,river and ,harbor ,act of #aigj 7#hd ,stat4 #ahbb2 #ajf ,stat4 #dhji71 for the purposes of addressing shoaling issues to minimize long-term maintenance costs4 #bbj4 ,wilson ,creek and ,sloan ,creek1 ,fairview1 ,texas ,not later than #ahj days after the date of enactment of this section1 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 ,fairview1 ,texas4 #bba4 ,study on water supply and water conservation at water resources development projects 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 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 projects4 7b7 ,inclusion ,the ,secretary shall include in the report submitted under subsection 7a7-- 7#a7 a description of existing water resources development projects with water supply or water conservation as authorized purposes1 and the extent to which such projects are utilized for such purposes2 7#b7 a description of existing water resources development projects with respect to which-- 7,a7 water supply or water conservation could be added as a project purpose1 including those with respect to which a non-,federal interest has expressed an interest in adding water supply or water conservation as a project purpose2 and 7,b7 such a purpose could be accommodated while maintaining existing authorized purposes2 7#c7 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 conservation2 7#d7 an analysis of how adding water supply and water conservation as a primary mission of the ,corps of ,engineers would affect the ability of the ,secretary to carry out future water resources development projects2 and 7#e7 any recommendations of the ,secretary relating to including water supply and water conservation as a primary mission of the ,corps of ,engineers4 #bbb4 ,report to ,congress on authorized studies and projects 7a7 ,in general ,not later than ,february #a of each year1 the ,secretary shall develop and submit to ,congress an annual report1 to be entitled ,report to ,congress on ,authorized ,water ,resources ,development ,projects and ,studies1 that identifies-- 7#a7 ongoing or new feasibility studies1 authorized within the previous #bj years1 for which a ,report of the ,chief of ,engineers has not been issued2 7#b7 authorized feasibility studies for projects in the preconstruction1 engineering and design phase2 7#c7 ongoing or new water resources development projects authorized for construction within the previous #bj years2 and 7#d7 authorized and constructed water resources development projects the ,secretary has the responsibility to operate or maintain4 7b7 ,contents 7#a7 ,inclusions 7,a7 ,criteria ,the ,secretary shall include in each report submitted under this section only a feasibility study or water resources development project-- 7i7 that has been authorized by ,congress to be carried out by the ,secretary and does not require any additional congressional authorization to be carried out2 7ii7 that the ,secretary has the capability to carry out if funds are appropriated for such study or project under any of the ,investigations1 ,construction1 ,operation and ,maintenance1 or ,mississippi ,river and ,tributaries appropriations accounts for the ,corps of ,engineers2 and 7iii7 for which a non-,federal interest-- 7,i7 in the case of a study or a project other than a project for which funds may be appropriated for operation and maintenance1 has entered into a feasibility cost-sharing agreement1 design agreement1 or project partnership agreement with the ,corps of ,engineers1 or has informed the ,secretary that the non-,federal interest has the financial capability to enter into such an agreement within #a year2 and 7,,ii7 demonstrates the legal and financial capability to satisfy the requirements for local cooperation with respect to the study or project4 7,b7 ,description of benefits 7i7 ,description ,the ,secretary shall1 to the maximum extent practicable1 describe in each report submitted under this section the benefits1 as described in clause 7ii71 of each feasibility study and water resources development project included in the report4 7ii7 ,benefits ,the benefits referred to in clause 7i7 are benefits to-- 7,i7 the protection of human life and property2 7,,ii7 improvement to transportation2 7,,iii7 the national1 regional1 or local economy2 7,,iv7 the environment2 or 7,v7 the national security interests of the ,united ,states4 7#b7 ,transparency ,the ,secretary shall include in each report submitted under this section1 for each feasibility study and water resources development project included in the report-- 7,a7 the name of the associated non-,federal interest1 including the name of any non-,federal interest that has contributed1 or is expected to contribute1 a non-,federal share of the cost of the study or project2 7,b7 the purpose of the study or project2 7,c7 an estimate1 to the extent practicable1 of the ,federal1 non-,federal1 and total costs of the study or project1 including1 to the extent practicable1 the fully funded capability of the ,corps of ,engineers for-- 7i7 the #c fiscal years following the fiscal year in which the report is submitted1 in the case of a feasibility study2 and 7ii7 the #e fiscal years following the fiscal year in which the report is submitted1 in the case of a water resources development project2 and 7,d7 an estimate1 to the extent practicable1 of the monetary and nonmonetary benefits of the study or project4 7#c7 ,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 7#a77;,a74 7#d7 ,omissions 7,a7 ,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 ,secretary4 7,b7 ,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 report1 the ,secretary shall include with the report an appendix that lists the name of the study or project and reason for its omission4 7c7 ,submission to ,congress2 publication 7#a7 ,submission to ,congress ,the ,secretary may submit a report under this section in conjunction with the submission of the annual report under section #gjja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;d74 7#b7 ,publication ,on submission of each report under this section1 the ,secretary shall make the report publicly available1 including through publication on the internet4 7d7 ,definitions ,in this section3 7#a7 ,non-,federal interest ,the term non-,federal interest has the meaning given that term in section #bba of the ,flood ,control ,act of #aigj 7#db ,u4,s4,c4 #aifb;d-#e;b74 7#b7 ,water resources development project ,the term water resources development project includes a separable element of a project1 a project under an environmental infrastructure assistance program1 and a project the authorized purposes of which include water supply4 #bbc4 ,completion of reports and materials 7a7 ,in general ,using available appropriations1 not later than #ahj days after the date of enactment of this section1 the ,secretary shall complete and submit to ,congress the following materials3 7#a7 ,the report required by section #abaa of the ,water ,resources ,development ,act of #bjah 7#acb ,stat4 #chjh74 7#b7 ,implementation guidance for the amendments made by section #aagf of the ,water ,resources ,development ,act of #bjaf 7#acj ,stat4 #afgc74 7#c7 ,implementation guidance for the amendments made by section #cjbi7;a7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#abh ,stat4 #acje74 7#d7 ,any other report or other material required to be submitted to ,congress by any of the following ,acts 7including by amendments made by such ,acts7 that has not been so submitted by the date of enactment of this section3 7,a7 ,the ,water ,resources ,reform and ,development ,act of #bjad 7,public ,law #aac-aba74 7,b7 ,the ,water ,resources ,development ,act of #bjaf 7,public ,law #aad-cbb74 7,c7 ,the ,water ,resources ,development ,act of #bjah 7,public ,law #aae-bgj74 7b7 ,use of existing data ,to the extent practicable and appropriate1 the ,secretary shall use existing data in completing any materials described in subsection 7a74 7c7 ,failure ,to submit ,if the ,secretary fails to submit materials as required by this section1 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 ,representatives1 in writing1 of the specific reasons for such failure and a timeline for submission of the delinquent materials4 7d7 ,implementation guidance ,the ,secretary shall expeditiously issue any guidance necessary to implement any provision of this ,act1 including any amendments made by this ,act1 in accordance with section #aaje of the ,water ,resources ,development ,act of #bjah 7#cc ,u4,s4,c4 #bbjb74 #bbd4 ,emergency flooding protection for lakes ,the ,secretary shall submit to ,congress a report on the extent to which section #e of the ,act of ,august #ah1 #aida 7#cc ,u4,s4,c4 #gjan71 applies to lakes1 including lakes with the flow of a slow-moving river1 including1 if applicable1 recommendations for legislative changes to ensure that such lakes are eligible for the program carried out pursuant to such section4 #bbe4 ,report on debris removal ,section #abaj of the ,water ,resources ,development ,act of #bjah 7#acb ,stat4 #chjh7 is amended to read as follows3 #abaj4 ,report on debris removal 7a7 ,in general ,not later than #ahj days after the date of enactment of the ,water ,resources ,development ,act of #bjbj1 the ,secretary shall submit to ,congress and make publicly available a report that describes-- 7#a7 the extent to which1 during the #aj fiscal years prior to such date of enactment1 the ,secretary has carried out section #c of the ,act of ,march #b1 #aide 7#cc ,u4,s4,c4 #fjc;a72 7#b7 how the ,secretary has evaluated potential work to be carried out under that section2 and 7#c7 the extent to which the ,secretary plans to start1 continue1 or complete debris removal activities in the #c years following submission of the report4 7b7 ,focus areas ,the ,secretary shall include in the report submitted under subsection 7a7-- 7#a7 identification of the debris removal activities to be started1 continued1 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 ,engineers2 7#b7 the estimated total costs and completion dates for such activities2 and 7#c7 identification of the non-,federal interest associated with such activities4 4 #bbf4 ,report on antecedent hydrologic conditions 7a7 ,report 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 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 #bjaj of data relating to antecedent hydrologic conditions in the ,missouri ,river ,basin 7including soil moisture conditions1 frost depths1 snowpack1 and streamflow conditions7 in-- 7,a7 conducting ,missouri ,river mainstem reservoir operations under the ,missouri ,river ,master ,manual2 7,b7 developing related annual operating plans2 and 7,c7 performing seasonal1 monthly1 and daily operations4 7#b7 ,inclusions ,the report submitted under paragraph 7#a7 shall include-- 7,a7 a review of-- 7i7 the approach of the ,corps of ,engineers to forecasting basin runoff in developing annual operating plans of the ,corps of ,engineers2 7ii7 the assessment of existing and alternative algorithms that could improve basin runoff forecasting2 7iii7 the approach of the ,corps of ,engineers for reservoir releases in the winter1 spring1 summer1 and fall1 based on basin runoff forecasts2 7iv7 the technical report of the ,corps of ,engineers entitled ,long-,term ,runoff ,forecasting1 dated ,february1 #bjag2 7v7 the use by the ,corps of ,engineers of data from ,federal and ,state entities in basin runoff forecasts2 and 7vi7 the use by the ,corps of ,engineers of advanced data collection1 including through the use of unmanned aerial systems1 forecasting1 and modeling2 7,b7 findings and recommendations on how to best incorporate antecedent basin conditions in annual operating plans and ,missouri ,river mainstem reservoir operations2 and 7,c7 the results of the peer review conducted under subsection 7b74 7b7 ,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 7a74 7c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary-- 7#a7 #e1jjj1jjj to carry out subsection 7a72 and 7#b7 #e1jjj1jjj to carry out subsection 7b74 #bbg4 ,subsurface drain systems research and development ,subject to the availability of appropriations1 the ,secretary1 acting through the ,director of the ,engineer ,research and ,development ,center and1 where appropriate1 in consultation with other ,federal agencies1 shall carry out research and development activities relating to the use of subsurface drain systems as-- 7#a7 a flood risk-reduction measure2 or 7#b7 a coastal storm risk-reduction measure4 #bbh4 ,report on corrosion prevention activities ,not later than #ahj days after the date of enactment of this ,act1 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 ,senate1 and make publicly available1 a report that describes-- 7#a7 the extent to which the ,secretary has carried out section #ajcc of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bcej72 7#b7 the extent to which the ,secretary has incorporated corrosion prevention activities 7as defined in such section7 at water resources development projects constructed or maintained by the ,secretary since the date of enactment of such section2 and 7#c7 in instances where the ,secretary has not incorporated corrosion prevention activities at such water resources development projects since such date1 an explanation as to why such corrosion prevention activities have not been incorporated4 #bbi4 ,annual reporting on dissemination of information ,section #aajd7;b7 of the ,water ,resources ,development ,act of #bjah 7#cc ,u4,s4,c4 #bbhb;d note7 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively1 and indenting appropriately2 7#b7 in the matter preceding subparagraph 7,a7 7as so redesignated71 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 and 7#c7 by adding at the end the following3 7#b7 ,annual reporting ,not less frequently than annually1 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 7#a71 including a description of each education and outreach action the ,secretary is taking to implement that paragraph4 7#c7 ,guidance2 compliance ,the ,secretary shall-- 7,a7 issue guidance on the uniform implementation by each district of the ,corps of ,engineers of the process for submitting proposals under section #gjja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;d72 and 7,b7 each year1 ensure compliance with the guidance issued under subparagraph 7,a74 4 #bcj4 ,report on benefits calculation for flood control structures ,not later than #ahj days after the date of enactment of this ,act1 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 project1 including structural elements1 nonstructural elements1 or natural features or nature-based features1 are included in the calculation of the benefits of the project by the ,corps of ,engineers4 ,,iii ,deauthorizations and ,modifications #cja4 ,deauthorization of inactive projects 7a7 ,purposes ,the purposes of this section are-- 7#a7 to identify water resources development projects authorized by ,congress that are no longer viable for construction due to-- 7,a7 a lack of local support2 7,b7 a lack of available ,federal or non-,federal resources2 or 7,c7 an authorizing purpose that is no longer relevant or feasible2 7#b7 to create an expedited and definitive process for ,congress to deauthorize water resources development projects that are no longer viable for construction2 and 7#c7 to allow the continued authorization of water resources development projects that are viable for construction4 7b7 ,proposed deauthorization list 7#a7 ,preliminary list of projects 7,a7 ,in general ,the ,secretary shall develop a preliminary list of each water resources development project1 or separable element of a project1 authorized for construction before ,november #h1 #bjjg1 for which-- 7i7 planning1 design1 or construction was not initiated before the date of enactment of this ,act2 or 7ii7 planning1 design1 or construction was initiated before the date of enactment of this ,act1 but for which no funds1 ,federal or non-,federal1 were obligated for planning1 design1 or construction of the project or separable element of the project during the current fiscal year or any of the #aj preceding fiscal years4 7,b7 ,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 #ajja7;b77#b7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #egi;a74 7,c7 ,exclusions ,the ,secretary shall not include on the preliminary list-- 7i7 an environmental infrastructure assistance project authorized to be carried out by the ,secretary 7including a project authorized pursuant to an environmental assistance program72 or 7ii7 a project or separable element of a project authorized as part of the ,comprehensive ,everglades ,restoration ,plan described in section #fja of the ,water ,resources ,development ,act of #bjjj 7#aad ,stat4 #bfhj74 7#b7 ,preparation of proposed deauthorization list 7,a7 ,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 7#a7 that have1 in the aggregate1 an estimated ,federal cost to complete that is at least #aj1jjj1jjj1jjj4 7,b7 ,determination of ,federal cost to complete ,for purposes of subparagraph 7,a71 the ,federal cost to complete shall take into account any allowances authorized by section #ijb of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhj71 as applied to the most recent project schedule and cost estimate4 7,c7 ,inclusion of deauthorization of antiquated projects ,the ,secretary shall reduce the amount identified for deauthorization under paragraph 7#b77;,a7 by an amount equivalent to the estimated current value of each project1 or separable element of a project1 that is deauthorized by subsection 7f74 7#c7 ,sequencing of projects 7,a7 ,in general ,the ,secretary shall identify projects and separable elements for inclusion on the proposed list of projects for deauthorization under paragraph 7#b7 according to the order in which the projects and separable elements were authorized1 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 7#b77;,a74 7,b7 ,factors to consider ,the ,secretary may identify projects and separable elements in an order other than that established by subparagraph 7,a7 if the ,secretary determines1 on a case-by-case basis1 that a project or separable element is critical for interests of the ,united ,states1 based on the possible impact of the project or separable element on public health and safety1 the national economy1 or the environment4 7#d7 ,public comment and consultation 7,a7 ,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 7#b77;,a74 7,b7 ,comment period ,the public comment period shall be #ij days4 7#e7 ,preparation of final deauthorization list 7,a7 ,in general ,the ,secretary shall prepare a final deauthorization list by-- 7i7 considering any comments received under paragraph 7#d72 and 7ii7 revising the proposed deauthorization list prepared under paragraph 7#b77;,a7 as the ,secretary determines necessary to respond to such comments4 7,b7 ,appendix ,the ,secretary shall include as part of the final deauthorization list an appendix that-- 7i7 identifies each project or separable element on the proposed deauthorization list that is not included on the final deauthorization list2 and 7ii7 describes the reasons why the project or separable element is not included on the final deauthorization list4 7c7 ,submission of final deauthorization list to ,congress for congressional review2 publication 7#a7 ,in general ,not later than #ij days after the date of the close of the comment period under subsection 7b77#d71 the ,secretary shall-- 7,a7 submit the final deauthorization list and appendix prepared under subsection 7b77#e7 to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate2 and 7,b7 publish the final deauthorization list and appendix in the ,federal ,register4 7#b7 ,exclusions ,the ,secretary shall not include in the final deauthorization list submitted under paragraph 7#a7 any project or separable element with respect to which ,federal funds for planning1 design1 or construction are obligated after the development of the preliminary list under subsection 7b77#a77;,a7 but prior to the submission of the final deauthorization list under paragraph 7#a77;,a7 of this subsection4 7d7 ,deauthorization2 congressional review 7#a7 ,in general ,after the expiration of the #b-year period beginning on the date of publication of the final deauthorization list and appendix under subsection 7c77#a77;,b71 a project or separable element of a project identified in the final deauthorization list is hereby deauthorized1 unless ,congress passes a joint resolution disapproving the final deauthorization list prior to the end of such period4 7#b7 ,non-,federal contributions 7,a7 ,in general ,a project or separable element of a project identified in the final deauthorization list under subsection 7c7 shall not be deauthorized under this subsection if1 before the expiration of the #b-year period referred to in paragraph 7#a71 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 project4 7,b7 ,treatment of projects ,notwithstanding subparagraph 7,a71 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 7b77#b77;,a74 7#c7 ,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 ,congress4 7e7 ,special rules 7#a7 ,post-authorization studies ,a project or separable element of a project may not be identified on the proposed deauthorization list developed under subsection 7b71 or the final deauthorization list developed under subsection 7c71 if the project or separable element received funding for a post-authorization study during the current fiscal year or any of the #aj preceding fiscal years4 7#b7 ,treatment of project modifications ,for purposes of this section1 if an authorized water resources development project or separable element of the project has been modified by an ,act of ,congress1 the date of the authorization of the project or separable element shall be deemed to be the date of the most recent such modification4 7f7 ,deauthorization of antiquated projects 7#a7 ,in general ,any water resources development project1 or separable element of a project1 authorized for construction prior to ,november #ag1 #aihf1 for which construction has not been initiated prior to the date of enactment of this ,act1 or for which funds have not been obligated for construction in the #aj-year period prior to the date of enactment of this ,act1 is hereby deauthorized4 7#b7 ,identification ,not later than #fj days after the date of enactment of this ,act1 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-- 7,a7 the name of each project1 or separable element of a project1 deauthorized by paragraph 7#a72 and 7,b7 the estimated current value of each such project or separable element of a project4 7g7 ,economic and environmental review of inactive water resources development projects ,the ,secretary or the non-,federal interest may not carry out any authorized water resources development project1 or separable element of such project1 for which construction has not been initiated in the #bj-year period following the date of the authorization of such project or separable element1 until-- 7#a7 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 element2 and 7#b7 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 report4 7h7 ,definitions ,in this section3 7#a7 ,post-authorization change report ,the term post-authorization change report has the meaning given such term in section #aacb7;d7 of the ,water ,resources ,development ,act of #bjaf 7#cc ,u4,s4,c4 #bbhb;e74 7#b7 ,post-authorization study ,the term post-authorization study means-- 7,a7 a feasibility report developed under section #ije of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbhb72 7,b7 a feasibility study1 as defined in section #aje7;d7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbae7;d772 or 7,c7 a review conducted under section #baf of the ,flood ,control ,act of #aigj 7#cc ,u4,s4,c4 #edi;a71 including an initial appraisal that-- 7i7 demonstrates a ,federal interest2 and 7ii7 requires additional analysis for the project or separable element4 #cjb4 ,abandoned and inactive noncoal mine restoration ,section #efj7;f7 of the ,water ,resources ,development ,act of #aiii 7#cc ,u4,s4,c4 #bccf7;f77 is amended by striking #bj1jjj1jjj and inserting #cj1jjj1jjj4 #cjc4 ,tribal partnership program ,section #bjc7;b77#d7 of the ,water ,resources ,development ,act of #bjjj 7#cc ,u4,s4,c4 #bbfi7 is amended by striking #ab1ejj1jjj each place it appears and inserting #ah1ejj1jjj4 #cjd4 ,lakes program ,section #fjb7;a7 of the ,water ,resources ,development ,act of #aihf 7,public ,law #ii-ffb1 #ajj ,stat4 #dadh2 #aaj ,stat4 #cgeh2 #aac ,stat4 #bie2 #aba ,stat4 #ajgf7 is amended-- 7#a7 in paragraph 7#bg71 by striking and at the end2 7#b7 in paragraph 7#bh71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#bi7 ,ellis ,pond and ,guild ,pond1 ,norwood1 ,massachusetts2 and 7#cj7 ,memorial ,pond1 ,walpole1 ,massachusetts4 4 #cje4 ,rehabilitation of ,corps of ,engineers constructed dams ,section #aagg of the ,water ,resources ,development ,act of #bjaf 7#cc ,u4,s4,c4 #dfg;f-#b note7 is amended-- 7#a7 in subsection 7e71 by striking #dj1jjj1jjj and inserting #fj1jjj1jjj2 and 7#b7 in subsection 7f71 by striking #dj1jjj1jjj and inserting #fj1jjj1jjj4 #cjf4 ,chesapeake ,bay ,environmental ,restoration and ,protection ,program 7a7 ,in general ,section #eaj of the ,water ,resources ,development ,act of #aiif 7,public ,law #ajd-cjc1 #aaj ,stat4 #cgei2 #aba ,stat4 #abjb2 #abh ,stat4 #acag7 is amended-- 7#a7 by redesignating subsection 7h7 as subsection 7i7 and inserting after subsection 7g7 the following3 7h7 ,project cap ,the total cost of a project carried out under this section may not exceed #ae1jjj1jjj4 2 and 7#b7 in subsection 7i7 7as so redesignated71 by striking #dj1jjj1jjj and inserting #ij1jjj1jjj4 7b7 ,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 #eaj of the ,water ,resources ,development ,act of #aiif1 including how to participate in the program4 #cjg4 ,upper ,mississippi ,river ,system ,environmental ,management ,program ,section #aajc7;e7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #feb7;e77 is amended-- 7#a7 in paragraph 7#c71 by striking #bb1gej1jjj and inserting #dj1jjj1jjj2 and 7#b7 in paragraph 7#d71 by striking #aj1dbj1jjj and inserting #ae1jjj1jjj4 #cjh4 ,upper ,mississippi ,river protection ,section #bjaj7;e7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#abh ,stat4 #abgj2 #acb ,stat4 #chab7 is amended by striking the ,act of ,october #ae1 #aidj 7#cc ,u4,s4,c4 #gja;h-#a7 and inserting section #e of the ,act of ,june #bb1 #aicf 7#cc ,u4,s4,c4 #gja;h74 #cji4 ,theodore ,ship ,channel1 ,mobile1 ,alabama 7a7 ,in general ,the project for navigation1 ,theodore ,ship ,channel1 ,mobile ,harbor1 ,alabama1 authorized by section #bja of the ,flood ,control ,act of #aife 7#db ,u4,s4,c4 #aifb;d-#e71 is revised to incorporate into the project the #dj-;foot-deep1 #a1cbj-;foot-wide1 and approximately #a1dfh4e-;foot-long access channel1 extending north from stations #begbe and #bgcbe from the ,theodore ,channel1 that was constructed for the former ,naval ,station ,mobile1 as a substitute for the authorized but unconstructed #dj-;foot-deep1 #cjj-;foot-wide1 and #a1bjj-;foot-long anchorage basin in the same location1 to serve the public terminal that replaced the former ,naval ,station ,mobile as obligated under the authorizations for the project4 7b7 ,treatment ,the ,secretary shall-- 7#a7 consider construction of the access channel described in subsection 7a7 to be complete2 and 7#b7 assume maintenance of the access channel described in subsection 7a7 for so long as the terminal described in subsection 7a7 remains publicly owned4 #caj4 ,mc,clellan-,kerr ,arkansas ,river ,navigation ,system ,any ,federal funds1 regardless of the account from which the funds were provided1 used to carry out construction of the modification to the ,mc,clellan-,kerr ,arkansas ,river ,navigation ,system1 authorized in section #acf of the ,energy and ,water ,development ,appropriations ,act1 #bjjd 7#aag ,stat4 #ahdb71 shall be considered by the ,secretary as initiating construction of the project such that future funds will not require a new investment decision4 #caa4 ,ouachita and ,black ,rivers1 ,arkansas and ,louisiana ,the project for navigation1 ,ouachita and ,black ,rivers1 ,arkansas and ,louisiana1 authorized by section #aja of the ,river and ,harbor ,act of #aifj 7#gd ,stat4 #dha71 is modified to include water supply as an authorized purpose4 #cab4 ,lake ,isabella1 ,california 7a7 ,sense of ,congress ,it is the sense of ,congress that the ,secretary1 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 project1 should afford substantial weight to the site preference of the local community4 7b7 ,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 project4 7c7 ,transfer ,the ,secretary may transfer any real property interests acquired under subsection 7b7 to any other ,federal agency or department without reimbursement4 7d7 ,isabella dam safety modification project defined ,in this section1 the term ,isabella ,dam safety modification project means the dam safety modification project at the ,isabella ,reservoir in the ,san ,joaquin ,valley1 ,california 7authorized by ,act of ,december #bb1 #aidd 7chapter #ffe1 #eh ,stat4 #ija771 including the component of the project relating to construction a visitor center facility4 #cac4 ,lower ,san ,joaquin ,river flood control project ,the ,secretary shall align the schedules of1 and maximize complimentary efforts1 minimize duplicative practices1 and ensure coordination and information sharing with respect to-- 7#a7 the project for flood risk management1 ,lower ,san ,joaquin ,river1 authorized by section #adja7b7 of the ,water ,resources ,development ,act of #bjah 7#acb ,stat4 #chcf72 and 7#b7 the second phase of the feasibility study for the ,lower ,san ,joaquin ,river project for flood risk management1 authorized for expedited completion by section #abjc7;a77#g7 of the ,water ,resources ,development ,act #bjah 7#acb ,stat4 #chjc74 #cad4 ,sacramento ,river1 ,glenn-,colusa1 ,california ,the portion of project for flood control1 ,sacramento ,river1 ,california1 authorized by section #b of the ,act of ,march #a1 #aiag 7chapter #add1 #ci ,stat4 #idi2 #ajc ,stat4 #fdi2 #aaj ,stat4 #cgji2 #aab ,stat4 #ahda2 #aac ,stat4 #bii71 consisting of a riverbed gradient restoration facility at the ,glenn-,colusa ,irrigation ,district ,intake1 is no longer authorized beginning on the date of enactment of this ,act4 #cae4 ,san ,diego ,river and ,mission ,bay1 ,san ,diego ,county1 ,california ,the portion of the project for flood control and navigation1 ,san ,diego ,river and ,mission ,bay1 ,san ,diego ,county1 ,california1 authorized by the ,act of ,july #bd1 #aidf 7chapter #eie1 #fj ,stat4 #fcf71 identified in the ,national ,levee ,database established under section #ijjd of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #ccjc7 as the ,san ,diego ,river #c segment and consisting of a #ghe-;foot-long segment of the right bank levee from ,station #bjida4ge to its end at ,station #bagbf4ge1 as described in construction plans dated ,august #cj1 #aiea1 is no longer authorized beginning on the date of enactment of this ,act4 #caf4 ,san ,francisco1 ,california1 ,waterfront ,area 7a7 ,in general ,section #aad of the ,river and ,harbor ,act of #aifh 7#cc ,u4,s4,c4 #ei;h7 is amended to read as follows3 #aad4 ,san ,francisco1 ,california1 ,waterfront ,area 7a7 ,area ,to be declared nonnavigable ,the following area is declared to be nonnavigable waters of the ,united ,states3 ,all of that portion of the ,city and ,county of ,san ,francisco1 ,california1 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 line1 the ,pierhead line as defined in the ,state of ,california ,harbor and ,navigation ,code ,section #aggj1 as amended in #aifa2 thence northerly along said ,pierhead line to its intersection with a line parallel with and distant #aj feet easterly from1 the existing easterly boundary line of ,pier #cj-cb2 thence northerly along said parallel line and its northerly prolongation1 to a point of intersection with a line parallel with1 and distant #aj feet northerly from1 the existing northerly boundary of ,pier #cj-cb2 thence westerly along last said parallel line to its intersection with said ,pierhead line2 thence northerly along said ,pierhead line1 to the intersection of the easterly right of way line of ,van ,ness ,avenue1 formerly ,marlette ,street1 prolongation to the ,pierhead line4 7b7 ,requirement that area be improved ,the declaration of nonnavigability under subsection 7a7 applies only to those parts of the area described in subsection 7a7 that are or will be bulkheaded1 filled1 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 7a71 including sections #i and #aj of the ,act of ,march #c1 #ahii 7#cc ,u4,s4,c4 #dja1 #djc71 section #djd of the ,federal ,water ,pollution ,control ,act1 and the ,national ,environmental ,policy ,act of #aifi4 7c7 ,inclusion of ,embarcadero ,historic ,district ,congress finds and declares that the area described in subsection 7a7 contains the seawall1 piers1 and wharves that comprise the ,embarcadero ,historic ,district listed on the ,national ,register of ,historic ,places on ,may #ab1 #bjjf4 4 7b7 ,conforming amendment ,section #ejeb of the ,water ,resources ,development ,act of #bjjg 7#cc ,u4,s4,c4 #ei;h-#a7 is repealed4 #cag4 ,western ,pacific ,interceptor ,canal1 ,sacramento ,river1 ,california ,the portion of the project for flood protection on the ,sacramento ,river1 authorized by section #b of the of ,march #a1 #aiag 7chapter #add1 #ci ,stat4 #idi2 #de ,stat4 #eci2 #ej ,stat4 #hgg2 #ee ,stat4 #fdg2 #hj ,stat4 #adbb71 consisting of the portion of the levee from ,g4,p4,s4 coordinate ,n#badgfgc4ehd ,e#ffijijd4ahg to ,n#badgijh4dac ,e#ffhijeg4jfj associated with the ,western ,pacific ,interceptor ,canal1 is no longer authorized beginning on the date of the enactment of this ,act4 #cah4 ,rio ,grande ,environmental ,management ,program1 ,colorado1 ,new ,mexico1 and ,texas ,section #ejef7;f7 of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad1 #aba ,stat4 #abac2 #abh ,stat4 #acad7 is amended by striking #bjai and inserting #bjbi4 #cai4 ,new ,london ,harbor ,waterfront ,channel1 ,connecticut 7a7 ,in general ,the portion of the project for navigation1 ,new ,london ,harbor1 ,connecticut1 authorized by the first section of the ,act of ,june #ac1 #aijb 7chapter #ajgi1 #cb ,stat4 #ccc71 described in subsection 7b7 is no longer authorized beginning on the date of enactment of this ,act4 7b7 ,area described ,the area referred to in subsection 7a7 is generally the portion between and around the #b piers at the ,state ,pier in ,new ,london1 specifically the area-- 7#a7 beginning at a point ,n#fiabfc4gh1 ,e#aahabei4bf2 7#b7 running ,n #ceja'ej4ge0 ,w about #iee4ei feet to a point ,n#fibjdf4bf1 ,e#aahjgaj4gd2 7#c7 running ,n #edeh'jf4gh0 ,e about #ajj4jj feet to a point ,n#fibajc4ff1 ,e#aahjgib4fb2 7#d7 running ,s #ceja'ej4ge0 ,e about #ihi4h feet to a point ,n#fiabic4ag1 ,e#aahacfj4gh2 and 7#e7 running ,s #gcea'ae4de0 ,w about #aje4fi feet to the point described in paragraph 7#a74 #cbj4 ,wilmington ,harbor1 ,delaware ,it is the sense of ,congress that the ,corps of ,engineers should maintain the annual maintenance dredging for ,wilmington ,harbor1 ,delaware1 authorized by the ,act of ,june #c1 #ahif 7chapter #cad1 #bi ,stat4 #bjg74 #cba4 ,wilmington ,harbor ,south ,disposal ,area1 ,delaware 7a7 ,finding ,for the purposes of applying section #bag7;b7 of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bcbf;a7b77 to the ,wilmington ,harbor ,south ,disposal ,area1 ,delaware1 the ,secretary shall find that the standard has been met for the ,edgemoor expansion of the ,port of ,wilmington1 ,delaware4 7b7 ,use ,any use of the ,wilmington ,harbor ,south ,disposal ,area permitted by the ,secretary under section #bag7;b7 for the ,edgemoor ,expansion of the ,port of ,wilmington shall not otherwise reduce the availability of capacity1 in dredged material disposal facilities under the jurisdiction of the ,secretary that were constructed before the date of enactment of this ,act1 for operation and maintenance of-- 7#a7 the ,delaware ,river ,mainstem and ,channel ,deepening project1 ,delaware1 ,new ,jersey1 and ,pennsylvania1 authorized by section #aja7f7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhjb72 or 7#b7 the ,delaware ,river1 ,philadelphia to the ,sea1 project1 ,delaware1 ,new ,jersey1 ,pennsylvania1 authorized by the ,act of ,june #be1 #aiaj 7chapter #chb1 #cf ,stat4 #fcg2 #df ,stat4 #iba2 #eb ,stat4 #hjc2 #ei ,stat4 #ad2 #fh ,stat4 #abdi2 #gb ,stat4 #big74 7c7 ,fee ,the ,secretary shall impose on the non-,federal interest for the ,edgemoor ,expansion of the ,port of ,wilmington a fee1 under section #bag7;b77#a77;,b7 of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bcbf;a7b77#a77;,b771 to recover capital1 operation1 and maintenance costs associated with any use by the non-,federal interest of capacity in the ,wilmington ,harbor ,south ,disposal ,area permitted by the ,secretary under section #bag7;b7 of the ,water ,resources ,development ,act of #aiif pursuant to subsection 7a7 of this section4 7d7 ,agreement to pay ,in accordance with section #bag7;a7 of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bcbf;a7a771 if1 to accommodate the dredged materials from operation and maintenance of the ,edgemoor ,expansion of the ,port of ,wilmington1 the ,secretary provides additional capacity at the ,wilmington ,harbor ,south ,disposal ,area1 the non-,federal interest for the ,edgemoor ,expansion of the ,port of ,wilmington shall agree to pay1 during the period of construction1 all costs associated with the construction of the additional capacity4 #cbb4 ,washington ,harbor1 ,district of ,columbia ,beginning on the date of enactment of this ,act1 the project for navigation1 ,washington ,harbor1 ,district of ,columbia1 authorized by the ,act of ,august #cj1 #aice 7chapter #hca1 #di ,stat4 #ajca71 is modified to reduce1 in part1 the authorized dimensions of the project1 such that the remaining authorized dimensions are as follows3 7#a7 ,a #bjj-;foot-wide1 #ab-;foot-deep channel with a center line beginning at a point ,east #a1cag1jfd4cj and ,north #ddj1cgc4cb1 thence to a point ,east #a1caf1dgd4cj and ,north #ddj1jbh4ca1 thence to a point ,east #a1cae1ehd4cj and ,north #dci1chh4cj1 thence to a point ,east #a1cae1bei4ca and ,north #dch1ijh4cj4 7#b7 ,a #bjj- to #cjj-;foot-wide1 #ab-;foot-deep transition area1 with a center line beginning at a point ,east #a1cae1bei4ca and ,north #dch1ijh4cj to a point ,east #a1cae1jdd4ca and ,north #dch1gdh4cj4 7#c7 ,a #cjj-;foot-wide1 #ae-;foot-deep channel with a centerline beginning a point ,east #a1cae1jdd4ca and ,north #dch1gdh4cj1 thence to a point ,east #a1cad1aje4ca and ,north #dch1abd4gi1 thence to a point ,east #a1caa1igc4cj and ,north #dch1hjg4gh1 thence to a point ,east #a1caa1cfi4gc and ,north #dch1egg4db1 thence to a point ,east #a1caa1jae4gc and ,north #dch1aig4eg1 thence to a point ,east #a1cji1gac4dg and ,north #dce1fgh4ia4 7#d7 ,a #cjj- to #djj-;foot-wide1 #ae- to #bd-;foot-deep transition area1 with a center line beginning at a point ,east #a1cji1gac4dg and ,north #dce1fgh4ia to a point ,east #a1cjg1gji4cc and ,north #dcd1dhh4be4 7#e7 ,a #djj-;foot-wide1 #bd-;foot-deep channel with a centerline beginning at a point ,east #a1cjg1gji4cc and ,north #dcd1dhh4be1 thence to a point ,east #a1cjg1dei4cc and ,north #dcd1agc4be1 thence to a point ,east #a1cjf1dgf4hb and ,north #dcb1cea4bh1 thence to a point ,east #a1cjf1bji4gi and ,north #dca1dfj4ba1 thence to a point at the end of the channel near ,hains ,point ,east #a1cje1iig4fc and ,north #dbi1igh4ca4 #cbc4 ,big ,cypress ,seminole ,indian ,reservation ,water ,conservation ,plan1 ,florida 7a7 ,in general ,the project for ecosystem restoration1 ,big ,cypress ,seminole ,indian ,reservation ,water ,conservation ,plan1 ,florida1 authorized pursuant to section #ebh of the ,water ,resources ,development ,act of #aiif 7#aaj ,stat4 #cgfg71 is no longer authorized beginning on the date of enactment of this ,act4 7b7 ,savings provision ,nothing in this section affects the responsibility of the ,secretary to pay any damages awarded by the ,armed ,services ,board of ,contract ,appeals1 or by a court of competent jurisdiction1 to a contractor relating to the adjudication of claims arising from construction of the project described in subsection 7a74 #cbd4 ,central ,everglades1 ,florida ,the project for ecosystem restoration1 ,central ,everglades1 authorized by section #adja7d7 of the ,water ,resources ,development ,act of #bjaf 7#acj ,stat4 #agac71 is modified to include the project for ecosystem restoration1 ,central and ,southern ,florida1 ,everglades ,agricultural ,area1 authorized by section #acjh of the ,water ,resources ,development ,act of #bjah 7#acb ,stat4 #chai71 and to authorize the ,secretary to carry out the project1 as so combined1 at a total combined cost of #d1cfb1jia1jjj4 #cbe4 ,miami ,river1 ,florida ,the portion of the project for navigation1 ,miami ,river1 ,florida1 authorized by the ,act of ,july #c1 #aicj 7#df ,stat4 #ibe2 #ei ,stat4 #af2 #gd ,stat4 #dha2 #ajj ,stat4 #dbeg71 beginning at the existing railroad bascule bridge and extending approximately #a1jjj linear feet upstream to an existing salinity barrier and flood control structure1 is no longer authorized beginning on the date of enactment of this ,act4 #cbf4 ,julian ,keen1 ,jr4 ,lock and ,dam1 ,moore ,haven1 ,florida 7a7 ,designation ,the ,moore ,haven ,lock and ,dam1 ,moore ,haven1 ,florida1 authorized pursuant to the ,act of ,july #c1 #aicj 7chapter #hdg1 #df ,stat4 #ibe2 #di ,stat4 #ajcb71 shall be known and designated as the ,julian ,keen1 ,jr4 ,lock and ,dam4 7b7 ,references ,any reference in a law1 map1 regulation1 document1 paper1 or other record of the ,united ,states to the ,lock and ,dam referred to in subsection 7a7 shall be deemed to be a reference to the ,julian ,keen1 ,jr4 ,lock and ,dam4 #cbg4 ,taylor ,creek ,reservoir and ,levee ,l-#gc 7,section #a71 ,upper ,st4 ,johns ,river ,basin1 ,florida ,the portions of the project for flood control and other purposes1 ,central and ,southern ,florida1 authorized by section #bjc of the ,flood ,control ,act of #aidh 7#fb ,stat4 #aagf71 consisting of the ,taylor ,creek ,reservoir and ,levee ,l-#gc1 ,section #a1 within the ,upper ,st4 ,johns ,river ,basin1 ,florida1 are no longer authorized beginning on the date of enactment of this ,act4 #cbh4 ,extinguishment of flowage easements1 ,rough ,river ,lake1 ,kentucky 7a7 ,in general ,subject to the availability of appropriations and on request of the landowner1 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 ,lake1 ,kentucky-- 7#a7 that is above #ecd feet mean sea level2 and 7#b7 for which the ,secretary determines the flowage easement or portion of the flowage easement is not required to address backwater effects4 7b7 ,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 ,river ,dam1 ,kentucky1 on land that was encumbered by a flowage easement extinguished under subsection 7a74 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj1 to remain available until expended4 #cbi4 ,calcasieu ,river and ,pass1 ,louisiana ,not later than #abj days after the date of enactment of this ,act1 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 7,november #bb1 #bjaj ,,dmmp_/,,seis7 to allow for the expansion of ,dredged ,material ,placement ,facilities 7,d,m,p,fs7 #ag1 #ai1 #bb1 ,d1 and ,e to the lakeside foreshore rock boundaries during planned rehabilitation of these facilities4 #ccj4 ,camden ,harbor1 ,maine 7a7 ,in general ,the portions of the project for navigation1 ,camden ,harbor1 ,maine1 described in subsection 7b7 are no longer authorized beginning on the date of enactment of this ,act4 7b7 ,portions described ,the portions referred to in subsection 7a7 are the following3 7#a7 ,the portion of the #aj-;foot-deep inner harbor area1 authorized by the first section of the ,act of ,march #c1 #ahgc 7chapter #bcc1 #ag ,stat4 #efe2 #be ,stat4 #djj71 approximately #ej1fba4ge square feet in area-- 7,a7 starting at a point with coordinates ,n#aig1fdj4jg1 ,e#hcg1hea4ga2 7,b7 thence running ,s#hddc' #bc4id0,w about #cha4ea feet to a point with coordinates ,n#aig1fjd4ih1 ,e#hcg1dga4hb2 7,c7 thence running ,n#dcdg' #ea4dc0,w about #bgj4bf feet to a point with coordinates ,n#aig1hjj4je1 ,e#hcg1bhd4gg2 7,d7 thence running ,s#eijb' #bf4fb0;,e about #bai4ah feet to a point with coordinates ,n#aig1fhg4cj1 ,e#hcg1dgb4gb2 7,e7 thence running ,s#haej' #ji4gf0;,e about #add4gj feet to a point with coordinates ,n#aig1fff4ge1 ,e#hcg1fae4if2 7,f7 thence running ,n#egbg' #jg4db0;,e about #cag4cb feet to a point with coordinates ,n#aig1hff4eb1 ,e#hcg1ibh4if2 and 7,g7 thence running ,s#ahej' #jd4dh0,w about #bci4bg feet to the point described in subparagraph 7,a74 7#b7 ,the portion of the #ad-;foot-deep outer harbor area1 authorized by the first section of the ,act of ,august #aa1 #ahhh 7#be ,stat4 #djj2 #cb ,stat4 #cca71 approximately #bbb1jae4id square feet in area-- 7,a7 starting at a point with coordinates ,n#aig1fdj4jg1 ,e#hcg1hea4ga2 7,b7 thence running ,n#ahej' #jd4dh0;,e about #bci4bg feet to a point with coordinates ,n#aig1hff4ec1 ,e#hcg1ibh4if2 7,c7 thence running ,n#ehbh' #ea4je0;,e about #cjh4dh feet to a point with coordinates ,n#aih1jbg4gi1 ,e#hch1aia4ic2 7,d7 thence running ,n#hdbj' #ja4hh0;,e about #cgj4jf feet to a point with coordinates ,n#aih1jfd4cc1 ,e#hch1efj4ah2 7,e7 thence running ,s#jecb' #jc4db0;,e about #ceg4ca feet to a point with coordinates ,n#aig1gjh4fh1 ,e#hch1eid4fd2 and 7,f7 thence running ,s#hddc' #bc4id0,w about #gdf4jh feet to the point described in subparagraph 7,a74 #cca4 ,cape ,porpoise ,harbor1 ,maine1 anchorage area designation 7a7 ,in general ,the project for navigation1 ,cape ,porpoise ,harbor1 ,maine1 authorized by section #aja of the ,river and ,harbor ,act of #aidh 7#fb ,stat4 #aagb71 is modified to designate the portion of the project described in subsection 7b7 as a #f-;foot-deep anchorage4 7b7 ,portion described ,the portion of the project referred to in subsection 7a7 is the approximately #aib1bce4fc square foot area consisting of the #ajj-;foot-wide and #f-;foot-deep channel located within the inner harbor-- 7#a7 starting at a point with coordinates ,n #aid1age4ac1 ,e #b1hhb1jaa4gd2 7#b7 thence running ,n#ccdf' #jh4ad0,w about #iad4eg feet to a point with coordinates ,n #aid1ice4dj1 ,e #b1hha1ejc4ch2 7#c7 thence running ,n#abda' #ji4gh0,w about #a1jbf4dj feet to a point with coordinates ,n #aie1icf4gd1 ,e #b1hha1bgg4ig2 7#d7 thence running ,n#ggah' #ej4bb0;,e about #ajj4jj feet to a point with coordinates ,n #aie1ieh4gj1 ,e #b1hha1cge4ec2 7#e7 thence running ,s#abda' #ji4gh0;,e about #a1jjg4gi feet to a point with coordinates ,n #aid1ige4eb1 ,e #b1hha1eif4he2 7#f7 thence running ,s#ccdf' #jh4ad0;,e about #hie4if feet to a point with coordinates ,n #aid1bcj4gb1 ,e #b1hhb1jid4hf2 and 7#g7 thence running ,s#efac' #ea4hf0,w about #ajj4jj feet to the point described in paragraph 7#a74 #ccb4 ,baltimore1 ,maryland ,the ,secretary is authorized1 in accordance with section #e of ,act of ,june #bb1 #aicf 7#cc ,u4,s4,c4 #gja;h71 to accept funds contributed by a non-,federal interest for dredging on irregular cycles of the ,baltimore ,inner ,harbor ,approach ,channel1 ,baltimore ,harbor and ,channels ,federal navigation project1 authorized by section #aja of the ,river and ,harbor ,act of #aieh 7#gb ,stat4 #big74 #ccc4 ,thad ,cochran ,lock and ,dam1 ,amory1 ,mississippi 7a7 ,sense of ,congress ,it is the sense of ,congress that ,thad ,cochran1 whose selfless determination and tireless work1 while serving as a congressman and ,united ,states ,senator from ,mississippi for #de years1 contributed greatly to the realization and success of the ,tennessee-,tombigbee ,waterway4 7b7 ,designation ,the navigation lock known as the ,amory ,lock1 located at mile #cga on the ,tennessee-,tombigbee ,waterway1 ,mississippi1 and the dam associated with such lock1 shall be known and designated as the ,thad ,cochran ,lock and ,dam4 7c7 ,references ,any reference in a law1 map1 regulation1 document1 paper1 or other record of the ,united ,states to the lock and dam referred to in subsection 7b7 shall be deemed to be a reference to the ,thad ,cochran ,lock and ,dam4 #ccd4 ,missouri river reservoir sediment management ,section #aagi7;a7 of the ,water ,resources ,development ,act of #bjaf 7#acj ,stat4 #afge2 #acb ,stat4 #cghb7 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 in subparagraph 7,b71 by inserting project purposes1 including before storage capacity2 and 7,b7 in subparagraph 7,c71 by striking preliminary2 7#b7 by redesignating paragraphs 7#d7 through 7#i7 as paragraphs 7#f7 through 7#aa71 respectively2 and 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 ,justification ,in determining the economic justification of a sediment management plan under paragraph 7#b71 the ,secretary shall-- 7,a7 measure and include flooding1 erosion1 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 implemented2 and 7,b7 include lifecycle costs and a #ajj-year period of analysis4 7#e7 ,implementation ,as part of a sediment management plan under paragraph 7#b71 and in accordance with paragraph 7#aj71 the ,secretary may carry out sediment removal activities at reservoirs owned and operated by the ,secretary in the ,upper ,missouri ,river ,basin1 or at reservoirs for which the ,secretary has flood control responsibilities under section #g of the ,act of ,december #bb1 #aidd 7#cc ,u4,s4,c4 #gji71 in the ,upper ,missouri ,river ,basin1 in accordance with section #fjb of the ,water ,resources ,development ,act of #aihf 7#ajj ,stat4 #dadh2 #aaj ,stat4 #cgeh2 #aac ,stat4 #bie2 #aba ,stat4 #ajgf7 as if those reservoirs were listed in subsection 7a7 of that section4 4 #cce4 ,portsmouth1 ,new ,hampshire ,the ,secretary shall expedite the activities required to be carried out under section #bjd of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbf7 regarding the use of improvement dredging of the ,portsmouth ,federal navigation project in ,portsmouth1 ,new ,hampshire1 carried out pursuant to section #c of the ,act of ,august #ac1 #aidf 7#cc ,u4,s4,c4 #dbf;g71 as a source of clean beach fill material to reinforce the stone revetment at ,nantasket ,beach1 ,hull1 ,massachusetts4 #ccf4 ,rahway flood risk management feasibility study1 ,new ,jersey ,the ,secretary shall-- 7#a7 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 management1 ,rahway1 ,new ,jersey1 authorized by the resolution of the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives adopted on ,march #bd1 #aiih 7docket number #bedh71 is not warranted2 7#b7 identify an acceptable alternative to the project described in paragraph 7#a7 that could receive ,federal support2 and 7#c7 carry out1 and expedite the completion of1 a feasibility study for the acceptable alternative identified under paragraph 7#b74 #ccg4 ,san ,juan-,chama project2 ,abiquiu ,dam1 ,new ,mexico 7a7 ,abiquiu reservoir ,section #e7;b7 of ,public ,law #ig-adj 7#dc ,u4,s4,c4 #fbj;a note7 is amended by striking a total of two hundred thousand acre-feet of4 7b7 ,water storage at ,abiquiu ,dam1 ,new ,mexico ,section #a of ,public ,law #ajj-ebb 7#dc ,u4,s4,c4 #fbj;a note7 is amended-- 7#a7 by striking #bjj1jjj acre-feet of2 7#b7 by inserting and ,san ,juan-,chama project after ,rio ,grande system2 and 7#c7 by striking 1 in lieu of the water storage authorized by section #e of ,public ,law #ig-adj1 to the extent that contracting entities under section #e of ,public ,law #ig-adj no longer require such storage4 7c7 ,water storage ,the ,secretary shall-- 7#a7 store up to elevation #fbcj4jj ,,ngvd#bi at ,abiquiu ,dam1 ,new ,mexico1 to the extent that the necessary real property interests have been acquired by any entity requesting such storage2 and 7#b7 amend the ,march #bj1 #aihf1 contract between the ,united ,states of ,america and the ,albuquerque ,bernalillo ,county ,water ,utility ,authority 7assigned by the ,city of ,albuquerque1 ,new ,mexico to the ,albuquerque ,bernalillo ,county ,water ,utility ,authority7 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 #fbcj4jj ,,ngvd#bi4 7d7 ,storage agreements with users other than the ,albuquerque ,bernalillo ,county ,water ,utility ,authority ,the ,secretary shall-- 7#a7 retain or enter into new agreements with entities for a proportionate allocation of #bi1ajj acre-feet of storage space pursuant to section #e of ,public ,law #ig-adj2 and 7#b7 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 water4 7e7 ,operations documents ,the ,secretary shall amend or revise any existing operations documents1 including the ,water ,control ,manual or operations plan for ,abiquiu ,reservoir1 as necessary to meet the requirements of this section4 7f7 ,limitations ,in carrying out this section1 the following limitations shall apply3 7#a7 ,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 ,commission4 7#b7 ,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 storage4 7#c7 ,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 project4 7#d7 ,each user of storage space1 regardless of source of water1 shall pay for any increase in costs attributable to storage of that user's water4 #cch4 ,flushing ,bay and ,creek ,federal ,navigation ,channel1 ,new ,york 7a7 ,in general ,the portion of the project for navigation1 ,flushing ,bay and ,creek1 ,new ,york1 authorized by the first section of the ,act of ,march #c1 #aije 7chapter #adhb1 #cc ,stat4 #aabj2 #eb ,stat4 #hjc2 #gf ,stat4 #aagd71 described in subsection 7b7 is no longer authorized beginning on the date of enactment of this ,act4 7b7 ,portion described ,the portion referred to in subsection 7a7 is the portion from river mile #b4e to river mile #b4i1 as bounded by-- 7#a7 the coordinates of-- 7,a7 ,latitude ,north #dj #de' #de4fa0 ,longitude ,west #gc #ej' #bj4ai02 7,b7 ,latitude ,north #dj #de' #dg4jb0 ,longitude ,west #gc #ej' #aj4hj02 7,c7 ,latitude ,north #dj #de' #bf4ga0 ,longitude ,west #gc #ej' #aj4he02 and 7,d7 ,latitude ,north #dj #de' #bf4gb0 ,longitude ,west #gc #ej' #aj4if02 and 7#b7 the ,new ,york ,long ,island ,state ,plane 7,,us ,survey ,feet1 ,,nad-#hc71 as follows3 7,a7 ,easting x#ajbhhff4eja ,northing y#bagagi4bid2 7,b7 ,easting x#ajbiehh4hec ,northing y#bagcbb4fge2 7,c7 ,easting x#ajbiehh4hec ,northing y#baebfg4dhf2 and 7,d7 ,easting x#ajbhifd4ehg ,northing y#baebfg4dhf4 #cci4 ,rush ,river and ,lower ,branch ,rush ,river1 ,north ,dakota 7a7 ,in general ,the portion of the comprehensive plan for flood control and other purposes in the ,red ,river of the ,north drainage basin1 ,north ,dakota1 ,south ,dakota1 and ,minnesota1 authorized by section #bjc of the ,flood ,control ,act of #aidh 7#fb ,stat4 #aagg2 #fd ,stat4 #agf71 consisting of clearing and rectification of the channel from mile #bh4c near ,amenia to the mouth of the ,rush ,river1 known as ,cass ,county ,drain ,no4 #ab1 is no longer authorized beginning on the date of enactment of this ,act4 7b7 ,lower ,branch ,rush ,river ,the project for flood control1 ,lower ,branch ,rush ,river1 ,north ,dakota1 carried out under section #bje of the ,flood ,control ,act of #aidh 7#cc ,u4,s4,c4 #gjas71 known as ,cass ,county ,drain ,no4 #b1 is no longer authorized beginning on the date of enactment of this ,act4 #cdj4 ,pawcatuck ,river1 ,little ,narragansett ,bay and ,watch ,hill ,cove1 ,rhode ,island and ,connecticut ,beginning on the date of enactment of this ,act1 that portion of the project for navigation1 ,pawcatuck ,river1 ,little ,narragansett ,bay and ,watch ,hill ,cove1 ,rhode ,island and ,connecticut1 authorized by section #b of the ,act of ,march #b1 #aide 7chapter #ai1 #ei ,stat4 #ac71 consisting of a #aj-;foot-deep1 #af-;acre anchorage area in ,watch ,hill ,cove is no longer authorized4 #cda4 ,harris ,county1 ,texas ,section #ege of the ,water ,resources ,development ,act of #aiif 7#aaj ,stat4 #cghi2 #aac ,stat4 #caa2 #aba ,stat4 #abec7 is repealed4 #cdb4 ,cap ,sante ,waterway1 ,washington ,beginning on the date of enactment of this ,act1 the project for navigation1 ,cap ,sante ,waterway and ,navigation ,channel1 ,skagit ,county1 ,washington1 authorized by the ,act of ,march #b1 #aiai 7chapter #ie1 #dj ,stat4 #abhe71 is modified to deauthorize the portion of the project consisting of an approximately #ccd1dcd-;foot area of the ,federal channel within ,anacortes ,harbor inside and directly adjacent to the ,federal breakwater and training wall structure1 starting at a point with coordinates ,n#eegjae4eeb1 ,e#abajhai4fai1 thence running ,s#hh #ac'b4jf0;,e approximately #bjj feet to a point with coordinates ,n#eegjji4ccj1 ,e#abaajai4ebb1 thence running ,s#ja #df'eh4jh0,w approximately #egh feet to a point with coordinates ,n#eefdca4dje1 ,e#abaajja4ecd1 thence running ,s#di #di'ej4bc0,w approximately #fi feet to a point with coordinates ,n#eefchg4jgf1 ,e#abajidi4jjb1 thence running ,s#ea #ec'j4be0;,e approximately #ce feet to a point with coordinates ,n#eefcfe4ffb1 ,e#abajigf4caf1 thence running ,s#di #ch'eh4dh0,w approximately #aab feet to a point with coordinates ,n#eefbib4ihi1 ,e#abajhij4gge1 thence running ,n#hh #ac'a4hg0,w approximately #aji feet to a point with coordinates ,n#eefbif4cfg1 ,e#abajghb4bbf1 thence running ,s#df #df'eh4ig0,w approximately #ada feet to a point with coordinates ,n#eefaii4ebg1 ,e#abajfgi4afd1 thence running ,n#hh #ac'a4gg0,w approximately #gjj feet to a point with coordinates ,n#eefbba4cje1 ,e#abjiigi4ejb1 thence running ,n#ja #df'eh4jh0;,e approximately #bej feet to a point with coordinates ,n#eefdga4ahd1 ,e#abjiihg4bhj1 thence running ,s#hh #ac'a4gg0;,e approximately #hae feet to a point with coordinates ,n#eefdde4hbh1 ,e#abajhja4hhf1 thence running ,n#ja #df'eh4jh0;,e approximately #egj feet to the point of origin4 #cdc4 ,local government reservoir permit review ,section #aaai7;b7 of the ,water ,resources ,development ,act of #bjah 7#cc ,u4,s4,c4 #bcdg note7 is amended by striking owned or operated by the ,secretary4 #cdd4 ,project modifications for improvement of environment ,section #abjc7;g7 of the ,water ,resources ,development ,act of #bjah 7#acb ,stat4 #chje7 is amended1 in the matter preceding paragraph 7#a71 by striking ,for fiscal years #bjai and #bjbj and inserting ,until ,september #cj1 #bjbd4 #cde4 ,aquatic ecosystem restoration ,for fiscal years #bjba through #bjbd1 in carrying out section #bjf of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bccj71 the ,secretary shall give priority to a project to restore and protect an aquatic ecosystem or estuary that-- 7#a7 is located in the ,south ,platte ,river ,basin2 7#b7 is located on a body of water that is identified by the applicable ,state pursuant to section #cjc7;d7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acac7;d77 as being impaired2 7#c7 has the potential to provide flood risk management and recreational benefits in addition to ecosystem restoration benefits2 and 7#d7 is located in a city with a population of #hj1jjj or less4 #cdf4 ,surplus water contracts and water storage agreements ,section #ajdf7;c77#c7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#abh ,stat4 #abed2 #acb ,stat4 #cghd7 is amended by striking #ab and inserting #af4 #cdg4 ,no wake zones in navigation channels ,section #aadi of the ,water ,resources ,development ,act of #bjaf 7#cc ,u4,s4,c4 #abbc note7 amended-- 7#a7 by striking recreational in each place it appears and inserting covered2 and 7#b7 by amending subsection 7c7 to read as follows3 7c7 ,definitions ,in this section3 7#a7 ,covered navigation channel ,the term covered navigation channel means a navigation channel that-- 7,a7 is federally marked or maintained2 7,b7 is part of the ,atlantic ,intracoastal ,waterway2 and 7,c7 is adjacent to a marina4 7#b7 ,covered vessel ,the term covered vessel means a recreational vessel or an uninspected passenger vessel1 as such terms are defined in section #baja of title #df1 ,united ,states ,code4 4 #cdh4 ,limitation on contract execution in the ,arkansas ,river ,basin 7a7 ,definition of covered contract ,in this section1 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 ,basin4 7b7 ,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 #ca1 #bjbb1 a local governmental entity shall not pay more than #aaj percent of the initial principal cost for the acre-feet being sought for the new covered contract for that hydropower lake4 #cdi4 ,waiver of non-,federal share of damages related to certain contract claims ,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 #a1 #bjag1 and ending on ,december #ca1 #bjbb1 awarding damages to a contractor relating to the adjudication of claims arising from the construction of an authorized water resources development project1 notwithstanding the terms of the ,project ,partnership ,agreement1 the ,secretary shall waive payment of the share of the non-,federal interest of those damages1 including attorney's fees1 if-- 7#a7 7,a7 the contracting officer was instructed by the ,corps of ,engineers to modify the terms of the contract or terminate the contract2 and 7,b7 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 7,a7 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 court1 as applicable2 or 7#b7 the claims arose from construction of a project deauthorized under this title4 #cej4 ,reduced pricing for certain water supply storage ,section #cbb of the ,water ,resources ,development ,act of #aiij 7#cc ,u4,s4,c4 #bcbd7 is amended-- 7#a7 in subsection 7b71 by striking #b1jjj1jjj and inserting #c1jjj1jjj2 and 7#b7 in subsection 7g7-- 7,a7 by striking the period at the end and inserting 2 or2 7,b7 by striking means a community and inserting the following3 8means-- 7#a7 a community 2 and 7,c7 by adding at the end the following3 7#b7 a regional water system that serves a population of less than #ajj1jjj1 for which the per capita income is less than the per capita income of not less than #ej percent of the counties in the ,united ,states4 4 #cea4 ,flood control and other purposes ,section #ajc7k7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbac7 is amended-- 7#a7 by striking ,except as and inserting the following3 7#a7 ,in general ,except as 2 and 7#b7 by adding at the end the following3 7#b7 ,renegotiation of terms 7,a7 ,in general ,at the request of a non-,federal interest1 the ,secretary and the non-,federal interest may renegotiate the terms and conditions of an eligible deferred payment1 including-- 7i7 permitting the non-,federal contribution to be made without interest1 pursuant to paragraph 7#a72 7ii7 recalculation of the interest rate2 7iii7 full or partial forgiveness of interest accrued during the period of construction2 and 7iv7 a credit against construction interest for a non-,federal investment that benefits the completion or performance of the project or separable element4 7,b7 ,eligible deferred payment ,an eligible deferred payment agreement under subparagraph 7,a7 is an agreement for which-- 7i7 the non-,federal contribution was made with interest2 7ii7 the period of project construction exceeds #aj years from the execution of a project partnership agreement or appropriation of funds2 and 7iii7 the construction interest exceeds #de1jjj1jjj4 7#c7 ,credit for non-,federal contribution 7,a7 ,in general ,the ,secretary is authorized to credit any costs incurred by the non-,federal interest 7including in-kind contributions7 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 project1 if the ,secretary determines the remedy to be integral to the completion or performance of the covered project4 7,b7 ,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 #ajj percent ,federal cost share1 and the ,secretary determines the remedy to be integral to the completion or performance of the project1 the ,secretary is authorized to credit such costs to any interest accrued on a deferred non-,federal contribution4 7#d7 ,treatment of pre-payment ,notwithstanding a deferred payment agreement with a non-,federal interest1 the ,secretary shall accept1 without interest of any type1 the repayment of a non-,federal contribution for any eligible deferred payment described in paragraph 7#b77;,b7 for which-- 7,a7 the non-,federal interest makes a payment of at least #bjj million for that eligible deferred payment agreement on or before ,september #cj1 #bjba2 and 7,b7 the non-,federal interest repays the remaining principal by ,september #cj1 #bjbc4 4 #ceb4 ,additional assistance for critical projects 7a7 ,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 #gjja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;d71 titled ,report to ,congress on ,future ,water ,resources ,development1 or have otherwise been reviewed by ,congress4 7b7 ,modifications 7#a7 ,sacramento area1 ,california ,section #bai7;f77#bc7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #ccf2 #aag ,stat4 #ahdj7 is amended to read as follows3 7#bc7 ,sacramento area1 ,california #de1jjj1jjj for regional water conservation1 recycling1 reliability1 and resiliency projects in ,placer1 ,el ,dorado1 and ,sacramento ,counties and the ,san ,juan ,suburban ,water ,district1 ,california4 4 7#b7 ,south ,perris1 ,california ,section #bai7;f77#eb7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #ccf2 #aad ,stat4 #bgfc;,a-#bbj7 is amended by striking #be1jjj1jjj and inserting #ej1jjj1jjj4 7#c7 ,madison and ,st4 ,clair ,counties1 ,illinois ,section #bai7;f77#ee7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #cce2 #aad ,stat4 #bgfc;,a-#bba7 is amended by striking #aj1jjj1jjj and inserting #de1jjj1jjj4 7#d7 ,southern and eastern ,kentucky ,section #eca of the ,water ,resources ,development ,act of #aiif 7#aaj ,stat4 #cggc2 #aac ,stat4 #cdh2 #aag ,stat4 #adb2 #aba ,stat4 #abbf7 is amended-- 7,a7 in subsection 7g71 by inserting ,boyd1 ,carter1 ,elliott1 ,lincoln1 after ,lee12 and 7,b7 in subsection 7h71 by striking #dj1jjj1jjj and inserting #ajj1jjj1jjj4 7#e7 ,de,soto ,county1 ,mississippi ,section #bai7;f77#cj7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #ccf2 #aad ,stat4 #bgfc;,a-#bbj2 #aai ,stat4 #bhb2 #aai ,stat4 #bbeg2 #abb ,stat4 #afbc7 is amended by striking #ge1jjj1jjj and inserting #acj1jjj1jjj4 7#f7 ,jackson ,county1 ,mississippi ,section #bai of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aaj ,stat4 #cgeg2 #aac ,stat4 #adid2 #aba ,stat4 #abeh7 is amended-- 7,a7 in subsection 7c77#e71 by striking water supply and and inserting water supply1 projects for stormwater and drainage systems1 and2 and 7,b7 in subsection 7e77#a71 by striking #cb1ejj1jjj and inserting #eg1ejj1jjj4 7#g7 ,st4 ,louis1 ,missouri ,section #bai7;f77#cb7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #ccg2 #aba ,stat4 #abcc7 is amended by striking #ce1jjj1jjj and inserting #gj1jjj1jjj4 7#h7 ,midwest ,city1 ,oklahoma ,section #bai7;f77#bca7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #ccf2 #aba ,stat4 #abff7 is amended by striking #b1jjj1jjj and inserting #e1jjj1jjj4 7#i7 ,south central ,pennsylvania ,section #cac of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhde2 #aji ,stat4 #djg2 #aaj ,stat4 #cgbc2 #aac ,stat4 #caj2 #aag ,stat4 #adb2 #aba ,stat4 #aadf7 is amended-- 7,a7 in subsection 7g77#a71 by striking #bjj1jjj1jjj and inserting #djj1jjj1jjj2 and 7,b7 in subsection 7h77#b71 by inserting ,beaver1 ,jefferson1 after ,washington14 7#aj7 ,lakes ,marion and ,moultrie1 ,south ,carolina ,section #bai7;f77#be7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #ccf2 #aad ,stat4 #bgfc;,a-#bbj2 #aag ,stat4 #ahch2 #acj ,stat4 #afgg2 #acb ,stat4 #chah7 is amended by striking #hi1eej1jjj and inserting #aaj1jjj1jjj4 7#aa7 ,el ,paso ,county1 ,texas ,section #bai7;f77#bfi7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhce2 #aac ,stat4 #ccf2 #aba ,stat4 #abfh7 is amended by striking #be1jjj1jjj and inserting #ge1jjj1jjj4 7#ab7 ,western rural water ,section #eie of the ,water ,resources ,development ,act of #aiii 7#aac ,stat4 #chc2 #aag ,stat4 #aci2 #aag ,stat4 #adb2 #aag ,stat4 #ahcf2 #aah ,stat4 #ddj2 #aba ,stat4 #abai2 #abc ,stat4 #bhea2 #abh ,stat4 #acaf2 #acj ,stat4 #afha7 is amended-- 7,a7 by striking the section heading and inserting ,western rural water42 7,b7 in subsection 7b71 by inserting ,arizona1 before rural ,idaho2 7,c7 in subsection 7c71 by inserting ,arizona1 before ,idaho2 and 7,d7 in subsection 7i71 by striking for the period beginning with fiscal year #bjja1 #dce1jjj1jjj1 to remain available until expended4 and inserting the following3 81 to remain available until expended-- 7#a7 for the period beginning with fiscal year #bjja1 #dce1jjj1jjj for ,idaho1 ,montana1 rural ,nevada1 ,new ,mexico1 rural ,utah1 and ,wyoming2 and 7#b7 #aej1jjj1jjj for ,arizona4 4 7#ac7 ,central ,west ,virginia ,section #ega7;h7 of the ,water ,resources ,development ,act of #aiii 7#aac ,stat4 #cga2 #aba ,stat4 #abeg7 is amended by striking #bj1jjj1jjj and inserting #ajj1jjj1jjj4 7#ad7 ,southern ,west ,virginia ,section #cdj7;g7 of the ,water ,resources ,development ,act of #aiib 7#ajf ,stat4 #dhef2 #aaj ,stat4 #cgbg2 #aac ,stat4 #cbj7 is amended by striking #dj1jjj1jjj and inserting #abj1jjj1jjj4 7c7 ,lowell ,creek ,tunnel1 ,seward1 ,alaska ,section #ejcb7;a77#b7 of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad1 #aba ,stat4 #abje7 is amended by striking #ae and inserting #bj4 7d7 ,cape ,arundel ,disposal ,site1 ,maine ,section #acab of the ,water ,resources ,development ,act of #bjah 7#acb ,stat4 #chba7 is amended by striking ,december #ca1 #bjba and inserting ,september #cj1 #bjbd4 #cec4 ,project modification authorizations 7a7 ,water supply ,the following project modifications for water supply1 as identified in the report entitled ,report to ,congress on ,future ,water ,resources ,development dated ,february #bjai1 and submitted to ,congress on ,june #c1 #bjai1 pursuant to section #gjja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;d7 or otherwise reviewed by ,congress1 are authorized to be carried out by the ,secretary substantially in accordance with the recommendations included in such report pursuant to section #cja7;c7 of the ,water ,supply ,act of #aieh 7#dc ,u4,s4,c4 #cij;b7c77 and as follows3 7#a7 ,clarence ,cannon ,dam and ,mark ,twain ,lake ,project1 ,salt ,river1 ,missouri 7,a7 ,in general ,the project for ,clarence ,cannon ,dam and ,mark ,twain ,lake ,project1 ,salt ,river1 ,missouri1 authorized by section #bjc of the ,flood ,control ,act of #aifb 7#gf ,stat4 #aahi2 #gi ,stat4 #ajhi2 #ie ,stat4 #afhd71 is modified to release #e1fjj acre-feet of future use water supply storage to the ,federal ,government under water supply contract ,no4 ,,dacw#dc-hh-;,c-#jjcf1 and future financial obligations for such volume of storage4 7,b7 ,relief of certain obligations ,upon execution of the amendment required by subparagraph 7,c71 the ,state of ,missouri shall be relieved of the obligation to pay the percentage of the annual operation and maintenance expense1 the percentage of major replacement cost1 and the percentage of major rehabilitation costs1 of the joint use facilities of the project described in subparagraph 7,a71 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 space4 7,c7 ,amendment to contract ,the ,secretary shall amend ,water ,supply ,contract ,no4 ,,dacw#dc-hh-;,c-#jjcf1 dated ,march #aj1 #aihh1 between the ,united ,states and the ,state of ,missouri1 to implement the modifications required under subparagraphs 7,a7 and 7,b74 7#b7 ,city of ,plattsburg 7,a7 ,in general ,the project for ,smithville ,lake1 ,missouri1 authorized pursuant to section #bjd of the ,flood ,control ,act of #aife 7#gi ,stat4 #ajhj71 is modified to release the ,city of ,plattsburg1 ,missouri1 from-- 7i7 #h1hej acre-feet of future water supply storage contracts2 and 7ii7 future financial obligations for the volume of storage described in clause 7i74 7,b7 ,amendment to contract ,the ,secretary shall amend water supply contract ,no4 ,,dacw#da-gc-;,c-#jjjh1 between the ,united ,states and the ,state of ,missouri1 to implement the modifications under subparagraph 7,a74 7#c7 ,city of ,smithville 7,a7 ,in general ,the project for ,smithville ,lake1 ,missouri1 authorized pursuant to section #bjd of the ,flood ,control ,act of #aife 7#gi ,stat4 #ajhj71 is modified to release the ,city of ,smithville1 ,missouri1 from-- 7i7 #f1jjj acre-feet of future water supply storage contracts2 and 7ii7 future financial obligations for the volume of storage described in clause 7i74 7,b7 ,amendment to contract ,the ,secretary shall amend water supply contract ,no4 ,,dacw-#da-gc-;,c-#jjjg1 between the ,united ,states and the ,state of ,missouri1 to implement the modifications under subparagraph 7,a74 7b7 ,flood risk management ,the following project modifications for flood risk management1 as identified in a report entitled ,report to ,congress on ,future ,water ,resources ,development1 and submitted to ,congress pursuant to section #gjja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;d7 or otherwise reviewed by ,congress1 are authorized to be carried out by the ,secretary3 7#a7 ,modification of the project for flood risk management1 lower ,mississippi ,river1 authorized by the ,act of ,may #ae1 #aibh 7chapter #efi1 #de ,stat4 #ecd71 to incorporate the ,wolf ,river ,backwater and ,nonconnah ,creek levee systems into the project1 authorized by section #e of the ,act of ,june #bb1 #aicf 7chapter #fhh1 #di ,stat4 #aege2 #ej ,stat4 #hha71 subject to the determination of the ,secretary that such systems meet all requirements applicable to such project4 7#b7 ,modification of the project for flood risk management1 ,red ,river below ,denison ,dam1 ,arkansas1 ,louisiana1 and ,texas1 authorized by the ,act of ,june #bh1 #aich 7chapter #gie1 #eb ,stat4 #abai71 to incorporate the ,cherokee ,park ,levee into the project1 subject to the determination of the ,secretary that such levee meets all requirements applicable to such project4 #ced4 ,completion of maintenance and repair activities 7a7 ,expedited completions 7#a7 ,upper ,snake ,river ,basin ,the ,secretary shall expedite1 in coordination with ,state1 ,tribal1 and local authorities1 the completion of maintenance and repair activities for those elements of the levee systems in the ,upper ,snake ,river ,basin1 authorized pursuant to the ,flood ,control ,act of #aiej 7#fd ,stat4 #agi71 that are operated and maintained by the ,secretary4 7#b7 ,lower ,missouri ,river ,basin ,the ,secretary shall expedite1 in coordination with ,state and local authorities and stakeholders1 the completion of maintenance and repair activities for those elements of the levee systems in the ,lower ,missouri ,river ,basin1 authorized pursuant to the ,pick-,sloan ,missouri ,river ,basin ,program 7authorized by section #i7;b7 of the ,act of ,december #bb1 #aidd 7chapter #ffe1 #eh ,stat4 #hia77 or the ,missouri ,river ,bank ,stabilization and ,navigation project 7authorized by section #b of the ,act of ,march #b1 #aide 7chapter #ai1 #ei ,stat4 #ai771 that are operated and maintained by the ,secretary4 7#c7 ,coos ,bay ,north ,jetty system1 ,oregon ,the ,secretary shall expedite1 in coordination with ,state and local authorities and stakeholders1 the completion of maintenance and repair activities for those elements of the ,coos ,bay ,north ,jetty system1 ,oregon1 authorized by the first section of the ,act of ,january #ba1 #aibg 7chapter #dg1 #dd ,stat4 #ajad71 that are operated and maintained by the ,secretary4 7#d7 ,indian ,river ,inlet and ,bay1 ,delaware ,the ,secretary shall expedite1 in coordination with ,state and local authorities1 the completion of maintenance and repair activities for the elements of the project for navigation1 ,indian ,river ,inlet and ,bay1 ,delaware1 authorized by the ,act of ,august #bf1 #aicg 7chapter #hcb1 #ej ,stat4 #hdf71 that are operated and maintained by the ,secretary4 7b7 ,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 section4 #cee4 ,project reauthorizations 7a7 ,in general 7#a7 ,muddy ,river1 ,massachusetts ,the separable elements for ecosystem restoration of the project for flood damage reduction and environmental restoration1 ,muddy ,river1 ,brookline and ,boston1 ,massachusetts1 authorized by section #ebb of the ,water ,resources ,development ,act of #bjjj 7#aad ,stat4 #bfef71 and deauthorized pursuant to section #fjja of the ,water ,resources ,reform and ,development ,act of #bjad 7#abh ,stat4 #acde71 are authorized to be carried out by the ,secretary1 subject to subsection 7b74 7#b7 ,east ,chester ,creek1 ,new ,york ,notwithstanding section #ajja of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #egi;a71 the project for navigation1 ,east ,chester ,creek1 ,new ,york1 authorized by section #aja of the ,river and ,harbor ,act of #aiej 7#fd ,stat4 #afd2 #ajj ,stat4 #daha71 and deauthorized pursuant to section #ajja of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #egi7;a771 is authorized to be carried out by the ,secretary1 subject to subsection 7b74 7#c7 ,christiansted ,harbor1 ,united ,states ,virgin ,islands ,notwithstanding section #ajjb of the ,water ,resources ,development ,act of #aihf 7#ajj ,stat4 #dbba71 the portion of the project for navigation1 ,christiansted ,harbor1 ,st4 ,croix1 ,united ,states ,virgin ,islands1 authorized by section #aja of the ,river and ,harbor ,act of #aiej 7#fd ,stat4 #afg71 and deauthorized under section #ajjb of the ,water ,resources ,development ,act of #aihf 7#ajj ,stat4 #dbba71 is authorized to be carried out by the ,secretary1 subject to subsection 7b74 7#d7 ,charlotte ,amalie 7,st4 ,thomas7 ,harbor1 ,united ,states ,virgin ,islands ,notwithstanding section #ajjb of the ,water ,resources ,development ,act of #aihf 7#ajj ,stat4 #dbba71 the portion of the project for navigation1 ,charlotte ,amalie 7,st4 ,thomas7 ,harbor1 ,st4 ,thomas1 ,united ,states ,virgin ,islands1 authorized by the ,act of ,august #bf1 #aicg 7chapter #hcb1 #ej ,stat4 #hej71 and deauthorized under section #ajjb of the ,water ,resources ,development ,act of #aihf 7#ajj ,stat4 #dbba71 is authorized to be carried out by the ,secretary1 subject to subsection 7b74 7b7 ,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 7as such term is defined in section #aacb7;d7 of the ,water ,resources ,development ,act of #bjaf 7#cc ,u4,s4,c4 #bbhb;e7d77 prior to carrying out a project identified in subsection 7a74 #cef4 ,conveyances 7a7 ,generally applicable provisions 7#a7 ,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 ,secretary4 7#b7 ,applicability of property screening provisions ,section #bfif of title #aj1 ,united ,states ,code1 shall not apply to any conveyance under this section4 7#c7 ,costs of conveyance ,an entity to which a conveyance is made under this section shall be responsible for all reasonable and necessary costs1 including real estate transaction and environmental documentation costs1 associated with the conveyance4 7#d7 ,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 out1 on or after the date of the conveyance1 on the real property conveyed4 ,the ,united ,states shall remain responsible for any liability with respect to activities carried out1 before such date1 on the real property conveyed4 7#e7 ,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 ,states4 7b7 ,eufaula1 ,alabama 7#a7 ,conveyance authorized ,the ,secretary shall convey to the ,city of ,eufaula1 ,alabama1 all right1 title1 and interest of the ,united ,states in and to the real property described in the ,department of the ,army ,lease ,no4 ,,dacw#ja-b-ag-jgdg1 containing #ef4gf acres1 more or less1 and being a part of ,tracts ,l-#abfh 7#bf4ab acres71 ,l-#abgc 7#ac4ga acres71 ,l-#abgh 7#f4ge acres71 and ,l#abgi 7#aj4cf acres7 of the ,walter ,f4 ,george ,lock and ,dam and ,lake project4 7#b7 ,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 ,states4 7#c7 ,consideration ,the ,city of ,eufaula1 ,alabama1 shall pay to the ,secretary an amount that is not less than the fair market value of the property conveyed under this subsection1 as determined by the ,secretary4 7c7 ,montgomery1 ,alabama 7#a7 ,conveyance authorized ,the ,secretary shall convey to the ,city of ,montgomery1 ,alabama1 all right1 title1 and interest of the ,united ,states in and to the real property described in paragraph 7#b74 7#b7 ,property ,the property to be conveyed is the #fb4ch acres of land and water under the primary jurisdiction of the ,secretary in the ,r4,e4 ,bob ,woodruff ,project ,area that is covered by lease number ,,dacw#ja-a-je-jjcg1 including the parcels and structure known as ,powder ,magazine4 7#c7 ,deadline ,to the extent practicable1 the ,secretary shall complete the conveyance under this subsection by not later than #ahj days after the date of enactment of this ,act4 7#d7 ,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 ,states1 to include retaining the right to inundate with water any land transferred under this subsection4 7#e7 ,consideration ,the ,city of ,montgomery1 ,alabama1 shall pay to the ,secretary an amount that is not less than the fair market value of the property conveyed under this subsection1 as determined by the ,secretary4 7d7 ,conveyance of ,wilmington ,harbor ,north ,disposal ,area1 ,delaware 7#a7 ,in general ,as soon as practicable1 the ,secretary shall complete the conveyance of the ,wilmington ,harbor ,north ,disposal ,area confined disposal facility1 ,delaware1 to the ,state of ,delaware4 7#b7 ,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 ,states4 7#c7 ,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 subsection1 as determined by the ,secretary4 7e7 ,ohio ,river ,lock and ,dam ,number #eb1 ,massac ,county1 ,illinois 7#a7 ,conveyance authorized ,the ,secretary shall convey to the ,massac-,metropolis ,port ,district1 ,illinois1 all right1 title1 and interest of the ,united ,states in and to any real property located north of the south bank of the ,ohio ,river in ,massac ,county1 ,illinois1 that is associated with the ,ohio ,river ,lock and ,dam #eb4 7#b7 ,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 ,states4 7#c7 ,consideration ,the ,massac-,metropolis ,port ,district1 ,illinois1 shall pay to the ,secretary an amount that is not less than fair market value of the property conveyed under this subsection1 as determined by the ,secretary4 7f7 ,upper ,st4 ,anthony ,falls ,lock and ,dam1 ,minneapolis1 ,minnesota 7#a7 ,conveyance authorized ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall1 upon request-- 7,a7 convey1 without consideration1 to the ,city of ,minneapolis1 ,minnesota1 or its designee1 all or substantially all of the real property owned by the ,united ,states adjacent to or in the vicinity of the ,upper ,st4 ,anthony ,falls ,lock and ,dam1 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 ,st4 ,anthony ,falls ,lock and ,dam2 and 7,b7 provide1 without consideration1 to the ,city or its designee-- 7i7 access and use rights by license1 easement1 or similar agreement1 to any real property and structures at the site of the ,upper ,st4 ,anthony ,falls ,lock and ,dam that is not conveyed under subparagraph 7,a72 and 7ii7 for any such property retained by the ,secretary1 exclusive license or easement over such property to allow the ,city or its designee to construct1 use1 and operate amenities thereon1 and to utilize such property as a comprehensive recreational1 touristic1 and interpretive experience4 7#b7 ,ownership and operation of lock and dam ,ownership rights to the ,upper ,st4 ,anthony ,falls ,lock and ,dam shall not be conveyed under this subsection1 and the ,secretary shall retain all rights to operate and maintain the ,upper ,st4 ,anthony ,falls ,lock and ,dam4 7#c7 ,reversion ,if the ,secretary determines that the property conveyed under this subsection is not used for a public purpose1 all right1 title1 and interest in and to the property shall revert1 at the discretion of the ,secretary1 to the ,united ,states4 7#d7 ,upper ,st4 ,anthony ,falls lock and dam defined ,in this subsection1 the term ,upper ,st4 ,anthony ,falls ,lock and ,dam means the lock and dam located on ,mississippi ,river ,mile #hec4i in ,minneapolis1 ,minnesota4 7g7 ,clinton1 ,missouri 7#a7 ,conveyance authorized ,the ,secretary shall convey to the ,city of ,clinton1 ,missouri1 without consideration1 all right1 title1 and interest of the ,united ,states in and to the real property described in paragraph 7#b74 7#b7 ,property ,the property to be conveyed is a tract of land situated in the ,s of ,section #ab and the ,n of ,section #ac1 ,township #da ,north1 ,range #bf ,west of the ,fifth ,principal ,meridian1 ,henry ,county1 ,missouri1 more particularly described as follows3 ,beginning at the point of intersection of the north line of said ,s of ,section #ab and the easterly right-of-way of ,state ,highway ,no4 #ac2 thence easterly along the north line of said ,s to the northeast corner of the ,w ,,nw ,,ne ,,sw of said ,section #ab2 thence southerly along the east line of said ,w ,,nw ,,ne ,,sw to the southeast corner thereof2 thence easterly along the north line of the ,s ,,ne ,,sw of said ,section #ab to the southwest corner of the ,w ,,nw ,,nw ,,se of said ,section #ab2 thence in a northeasterly direction to the northeast corner of said ,w ,,nw ,,nw ,,se 2 thence easterly along the north line of said ,s to the westerly right-of-way of the ,county ,road2 thence in a southeasterly and southerly direction along the westerly right-of-way of said ,county ,road approximately #bejj feet to the center of ,deer ,creek2 thence in a southwesterly direction along the center of said ,deer ,creek1 approximately #cijj feet to the south line of said ,n of ,section #ac2 thence westerly along the south line of said ,n to the easterly right-of-way line of the ,st4 ,louis-,san ,francisco ,railroad2 thence in a northwesterly direction along the easterly right-of-way of said railroad to the easterly right-of-way of said ,state ,highway ,no4 #ac2 thence in a northeasterly direction along the easterly right-of-way of said ,state ,highway ,no4 #ac to the point of the beginning2 and including a roadway easement for ingress and egress1 described as a strip of land #hj feet in width1 lying #dj feet on each side of the following described line1 the initial extremities of the following described strip being extended or reduced as required to exactly adjoin the boundary lines which they meet1 situated in the ,s of ,section #ab1 ,township #da ,north ,range #bf ,west of the ,fifth ,principal ,meridian1 ,henry ,county1 ,missouri1 more particularly described as follows3 ,commencing at the center of said ,section #ab1 thence ,sl#bd'ef0,w1 #abfe4eb feet to a point1 thence ,n#hhbi'jb0,w1 #dhc4ig feet to the point of beginning of the strip of land herein described2 thence in a northeasterly direction along a curve to the right1 said curve having an initial tangent bearing of ,n#cdd'dl0,e1 a radius of #bch4gc feet and an interior angle of #fabi'bf01 an arc distance of #bef4ba feet to a point2 thence ,n#fead'jg0;,e #bah4eh feet to a point2 thence in a northeasterly direction along a curve to the left1 having a radius of #fgd4jg feet and an interior angle of #cfjj'ja01 an arc distance of #dbc4ec feet to a point2 thence ,n#biad'jg0;,e1 #dag4hg feet to a point2 thence northeasterly along a curve to the right1 having a radius of #hah4ea feet and an interior angle of #adcj'ja01 an arc distance of #bjg4ae feet to a point2 thence ,n#dcdd'jg0;,e1 #eg4jj feet to the southerly right-of-way line of a county road1 containing #b1idh acres1 more or less2 ,excluding therefrom a tract of land situated in the ,s of said ,section #ab1 said ,township and ,range1 described as commencing at the center of said ,section #ab2 thence ,s#abd'ef0,w1 #abfe4eb feet to the point of beginning of the tract of land herein described2 thence ,n#hhbi'jb0,w1 #aabb4ej feet2 thence ,s#adc'bf0,w1 #hgb4fb feet2 thence ,s#hhbi'jb0;,e1 #accg4cf feet2 thence ,nl#dc'bf0;,e1 #hgb4fb feet2 thence ,n#hhbi'jb0,w1 #bad4hf feet to the point of beginning1 containing #bf4gi acres1 more or less4 ,the above described tract contains1 in the aggregate1 #agg4fi acres1 more or less4 7#c7 ,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 ,states4 7#d7 ,reversion ,if the ,secretary determines that the property conveyed under this subsection is not being used for a public purpose1 all right1 title1 and interest in and to the property shall revert1 at the discretion of the ,secretary1 to the ,united ,states4 7h7 ,city of ,clinton1 ,old ,orchard ,addition1 ,missouri 7#a7 ,conveyance ,authorized ,the ,secretary shall convey to the ,city of ,clinton1 ,missouri1 all right1 title1 and interest of the ,united ,states in and to the real property described in paragraph 7#b74 7#b7 ,property ,the property to be conveyed is ,lot #bh in ,old ,orchard ,addition1 a subdivision of the ,city of ,clinton1 ,henry ,county1 ,missouri1 containing #j4cf acres1 more or less1 including any improvements thereon4 7#c7 ,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 ,states1 including such reservations1 terms1 and conditions as the ,secretary determines necessary to allow the ,united ,states to operate and maintain the ,harry ,s4 ,truman ,reservoir ,project4 7#d7 ,consideration ,the ,city of ,clinton1 ,missouri1 shall pay to the ,secretary an amount that is not less than the fair market value of the property conveyed under this subsection1 as determined by the ,secretary4 7i7 ,tri-,county ,levee ,district1 ,missouri 7#a7 ,conveyance authorized ,the ,secretary shall convey to the ,tri-,county ,levee ,district1 ,missouri1 all right1 title1 and interest of the ,united ,states in and to the real property described in paragraph 7#b74 7#b7 ,property ,the property to be conveyed is the part of ,sections #a and #ab ,township #de ,north ,range #f ,west of the #eth ,p4,m4 in ,montgomery ,county1 ,missouri1 described as follows3 ,a tract of land being #fj' wide and lying ,south and ,east of and adjoining the centerline of the existing levee and being described as follows3 ,commencing at the ,,nw corner of ,section #ab1 thence ,s #hg #eb' #ce0 ,e #ehg4d'1 thence ,s #ja #bi' #be0 ,w #dec4fh' to the point of the beginning2 said point being in the center of the levee1 thence with the centerline of the levee ,n #gg #ja' #cj0 ,e #afd4ib'1 thence ,n #gd #bf' #ee0 ,e #bej4j'1 thence ,n #gb #bg' #ee0 ,e #bgj4j'1 thence ,n #fi #jf' #aj0 ,e #cjj4j'1 thence ,n #ff #db' #ae0 ,e #ejj4j'1 thence ,n #fd #ad' #cj0 ,e #bgj4j'1 thence ,n #fa #ji' #aj0 ,e #hjj4j'1 thence ,n #fj #eh' #ae0 ,e #agbd4de'1 thence leaving the centerline ,s #ja #aj' #ce0 ,w #fi4dc'1 thence parallel with the above described centerline ,s #fj #eh' #ae0 ,w #afhi4fb'1 thence ,s #fa #ji' #aj0 ,w #hja4ga'1 thence ,s #fd #ad' #cj0 ,w #bgb4ia'1 thence ,s #ff #db' #ae0 ,w #ejb4ee'1 thence ,s #fi #jf' #aj0 ,w #cjc4jb'1 thence ,s #gb #bg' #ee0 ,w #bgb4h'1 thence ,s #gd #bf' #ee0 ,w #beb4ci'1 thence ,s #gg #ja' #cj0 ,w #aha4ge'1 thence leaving the ,south side of the levee ,n #ja #bf' #be0 ,e #fa4if' to the point of beginning and containing #e4hi acres more or less4 7#c7 ,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 ,states4 7#d7 ,consideration ,the ,tri-,county ,levee ,district1 ,missouri1 shall pay to the ,secretary an amount that is not less than the fair market value of the property conveyed under this subsection1 as determined by the ,secretary4 7j7 ,judge ,joseph ,barker1 ,jr41 ,house1 ,ohio 7#a7 ,non-,federal entity ,in this subsection1 the term non-,federal entity means the ,friends of ,joseph ,barker1 ,jr41 ,house1 a nonprofit organization in the ,state of ,ohio4 7#b7 ,conveyance authorized 7,a7 ,in general ,subject to paragraph 7#f71 the ,secretary shall convey to the non-,federal entity1 without consideration1 all right1 title1 and interest of the ,united ,states in and to the property described in paragraph 7#c77;,a74 7,b7 ,easement ,upon conveyance of the property under subparagraph 7,a71 the ,secretary shall provide to the non-,federal entity1 without consideration1 an easement over the property described in paragraph 7#c77;,b7 for access to the conveyed property for as long as the non-,federal entity is in legal possession of the conveyed property4 7#c7 ,descriptions of property 7,a7 ,in general ,the property referred to in paragraph 7#b77;,a7 is the following 7as in existence on the date of enactment of this ,act73 7i7 ,judge ,joseph ,barker1 ,jr41 ,house ,the tract of land situated in the ,state of ,ohio1 ,washington ,county1 on the ,ohio ,river1 and being particularly bounded and described as follows3 ,beginning at a point located on the southern right-of-way line of ,ohio ,route #g1 a new corner to the land now or formerly owned by the ,united ,states of ,america2 thence1 leaving the right-of-way of said ,route #g and severing the land of said ,united ,states of ,america parallel to and approximately #aj feet easterly of the toe of the existing dredge disposal berm1 southeasterly approximately #cbf feet to a point prior to the current ,corps of ,engineers access to the dredging spoil area2 thence1 northeasterly approximately #dhj feet paralleling the top of the slope to the riverbank side of the house and approximately #be feet northerly therefrom2 thence1 northwest approximately #cjb feet to a point in the southern right-of-way of ,ohio ,route #g2 thence with the right-of-way of said ,route #g1 southwesterly approximately #dhe feet to the point of beginning1 containing approximately #c4ea acres4 7ii7 ,road tract ,the tract of land situated in the ,state of ,ohio1 ,washington ,county1 on the ,ohio ,river1 and being particularly bounded and described as follows3 ,beginning at a point located on the southern right-of-way line of ,ohio ,route #g1 a new corner to the land now or formerly owned by the ,united ,states of ,america2 thence1 leaving the right-of-way of said ,route #g and severing the land of said ,united ,states of ,america and with the ,house ,parcel southeasterly #be feet2 thence1 northeast1 running parallel to said ,route #g right-of-way1 approximately #iid feet to a point of deflection2 thence northeasterly #cfh feet to a point beyond the existing fence corner2 thence1 east #adj feet to the edge of the existing ,willow ,island access road2 thence with said access road1 northwesterly approximately #fb feet to a point in the southern right-of-way of ,ohio ,route #g2 thence with the right-of-way of said ,route #g1 southwesterly approximately #a1dia feet to the point of beginning1 containing approximately #a acre4 7,b7 ,easement ,the property referred to in paragraph 7#b77;,b7 is the following3 ,the tract of land situated in the ,state of ,ohio1 ,washington ,county1 on the ,ohio ,river1 and being particularly bounded and described as follows3 ,beginning at a point at the intersection of the southern right-of-way of ,ohio ,route #g and the northeast side of the existing ,willow ,island access road1 a new corner to the land now or formerly owned by the ,united ,states of ,america2 thence1 southwest1 running with said ,route #g right-of-way1 approximately #cj feet to a point on the southwest side of the existing access road1 and corner to the road tract2 thence with said access road and the line of the road parcel1 southeasterly approximately #fb feet to a point2 thence leaving the road parcel and crossing the existing access road northeasterly approximately #cj feet to a point located on the northeast side of the existing access road2 thence1 northwesterly approximately #fb feet1 to the point of beginning1 containing approximately #j4jd acre4 7#d7 ,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 ,states4 7#e7 ,reversion ,if the ,secretary determines that the property conveyed under this subsection is not being used by the non-,federal entity for a public purpose1 all right1 title1 and interest in and to the property shall revert1 at the discretion of the ,secretary1 to the ,united ,states4 7#f7 ,requirements 7,a7 ,improvements2 environmental assessment 7i7 ,improvements ,the ,secretary shall make such improvements and alterations to the property described in paragraph 7#c77;,a77i7 as the ,secretary1 in consultation with the non-,federal entity and relevant stakeholders1 determines to be appropriate to facilitate conveyance of the property and provision of the easement under this subsection4 7ii7 ,environmental assessment ,before making a conveyance under paragraph 7#b71 the ,secretary shall-- 7,i7 conduct1 with respect to the property to be conveyed1 an assessment of the environmental condition of the property1 including an investigation of any potential hazardous1 toxic1 or radioactive waste present on such property2 and 7,,ii7 submit to the non-,federal entity a report describing the results of such assessment4 7iii7 ,limitation ,the total cost of the activities carried out by the ,secretary under this subparagraph shall be not more than #abj1jjj4 7,b7 ,refusal by non-,federal entity 7i7 ,in general ,upon review by the non-,federal entity of the report under subparagraph 7,a77ii71 the non-,federal entity may elect to refuse the conveyance under this subsection4 7ii7 ,election ,an election under clause 7i7-- 7,i7 shall be at the sole discretion of the non-,federal entity2 and 7,,ii7 shall be made by the non-,federal entity by not later than the date that is #cj days after the date of submission of the report under subparagraph 7,a77ii77,,ii74 7,c7 ,dredged material placement activities ,the ,secretary shall-- 7i7 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 7#c77;,a7 after the date on which such property is conveyed under this subsection2 and 7ii7 in carrying out a dredged material placement activity under clause 7i71 act in accordance with ,engineer ,manual ,,em #aaaj-b-ejbe 7or a subsequent version of that manual74 7#g7 ,reservation of rights ,the ,secretary may reserve and retain from any conveyance under this subsection a right-of-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 ,river4 7#h7 ,treatment ,conveyance to the non-,federal entity under this subsection of property described in paragraph 7#c77;,a77i7 shall satisfy all obligations of the ,secretary with respect to such property under-- 7,a7 section #cjfaja of title #ed1 ,united ,states ,code2 and 7,b7 section #cjfajh of title #ed1 ,united ,states ,code1 with respect to the effects on the property of dredged material placement activities carried out by the ,secretary after the date of the conveyances4 7#i7 ,inapplicability ,subtitle ,i of title #dj1 and chapter #d of title #da1 ,united ,states ,code shall not apply to any conveyance or easement provided under this subsection4 7k7 ,leaburg ,fish ,hatchery1 ,lane ,county1 ,oregon 7#a7 ,conveyance authorized ,subject to the provisions of this subsection1 the ,secretary shall convey1 without consideration1 to the ,state of ,oregon1 acting through the ,oregon ,department of ,fish and ,wildlife1 all right1 title1 and interest of the ,united ,states in and to the real property comprising the ,leaburg ,fish ,hatchery1 consisting of approximately #ba4ee acres1 identified as tracts ,q-#aejj1 ,q-#aeja;,e1 and #cjj;,e-#a and described in ,department of the ,army ,lease ,no4 ,,dacw#eg-a-ah-jjji1 together with any improvements on the property4 7#b7 ,water rights ,the ,secretary may transfer to the ,state of ,oregon1 acting through the ,oregon ,department of ,fish and ,wildlife1 any water rights held by the ,united ,states that are appurtenant to the property conveyed under this subsection4 7#c7 ,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 ,states1 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 perpetuity4 7#d7 ,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 perpetuity1 all or any portion of the property1 including any water rights transferred under this subsection1 shall1 at the option of the ,secretary1 revert to the ,united ,states4 7#e7 ,savings clause ,if the ,state of ,oregon does not accept the conveyance under this subsection1 the ,secretary may dispose of the property1 including appurtenant water rights1 under subchapter ,,iii of chapter #e of title #dj1 ,united ,states ,code4 7l7 ,willamette ,falls ,locks1 ,willamette ,river1 ,oregon 7#a7 ,definitions ,in this section3 7,a7 ,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 ,engineers1 titled ,willamette ,falls ,locks ,willamette ,river ,oregon ,section #baf ,disposition ,study with ,integrated ,environmental ,assessment4 7,b7 ,receiving entity ,the term receiving entity means an entity identified by the ,state of ,oregon1 in consultation with the ,willamette ,falls ,locks ,commission1 to receive the conveyance under paragraph 7#b74 7,c7 ,willamette ,falls ,locks project ,the term ,willamette ,falls ,locks project means the project for navigation1 ,willamette ,falls ,locks1 ,willamette ,river1 ,oregon1 authorized by the ,act of ,june #be1 #aiaj 7#cf ,stat4 #ffd1 chapter #chb74 7,d7 ,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 7,,wfl71 ,willamette ,river ,oregon ,section #baf ,disposition ,study with ,integrated ,environmental ,assessment 7,study71 dated ,july #aa1 #bjai4 7#b7 ,conveyance authorized ,the ,secretary is authorized to convey to the receiving entity1 without consideration1 all right1 title1 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 project1 together with any improvements on the land1 subject to the requirements of this subsection and in accordance with the ,willamette ,falls ,locks report4 7#c7 ,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 ,states4 7#d7 ,subject to existing easements and other interests ,the conveyance of property under paragraph 7#b7 shall be subject to all existing deed reservations1 easements1 rights-of-way1 and leases that are in effect as of the date of the conveyance4 7#e7 ,reversion ,if the ,secretary determines that the property conveyed under this subsection cease to be held in public ownership1 all right1 title1 and interest in and to the property shall revert1 at the discretion of the ,secretary1 to the ,united ,states4 7#f7 ,requirements before conveyance 7,a7 ,perpetual road easement ,before making the conveyance under paragraph 7#b71 the ,secretary shall acquire a perpetual road easement from an adjacent property owner for use of an access road1 which easement shall convey with the property conveyed under such paragraph4 7,b7 ,environmental compliance ,before making the conveyance under paragraph 7#b71 in accordance with the real estate appendix1 the ,secretary shall complete a ,phase #a ,environmental ,site ,assessment pursuant to the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq474 7,c7 ,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 7#b74 7,d7 ,repairs ,before making the conveyance under paragraph 7#b71 the ,secretary shall carry out repairs to address primary seismic and safety risks in accordance with the recommendations approved in the ,willamette ,falls ,locks report4 7#g7 ,deauthorization ,beginning on the date on which the ,secretary makes the conveyance under paragraph 7#b71 the ,willamette ,falls ,locks project is no longer authorized4 #ceg4 ,lake ,eufaula advisory committee ,section #cacc7;b7 of the ,water ,resources ,development ,act of #bjjg 7#aba ,stat4 #aada7 is amended by adding at the end the following3 7#e7 ,termination ,the committee shall terminate on the date that is #cj days after the date on which the committee submits final recommendations to the ,secretary4 4 #ceh4 ,repeal of ,missouri ,river ,task ,force1 ,north ,dakota 7a7 ,in general ,section #gje of the ,water ,resources ,development ,act of #bjjj 7#aad ,stat4 #bfif7 is repealed4 7b7 ,conforming amendments 7#a7 ,purposes ,section #gjb7;b77#c7 of the ,water ,resources ,development ,act of #bjjj 7#aad ,stat4 #bfie7 is amended by inserting prepared under section #gje7;e7 7as in effect on the day before the date of enactment of the ,water ,resources ,development ,act of #bjbj7 before the period at the end4 7#b7 ,definitions ,section #gjc of the ,water ,resources ,development ,act of #bjjj 7#aad ,stat4 #bfie7 is amended-- 7,a7 by striking paragraphs 7#b7 and 7#d72 and 7,b7 by redesignating paragraphs 7#c7 and 7#e7 as paragraphs 7#b7 and 7#c71 respectively4 #cei4 ,repeal of ,missouri ,river ,task ,force1 ,south ,dakota 7a7 ,in general ,section #ije of the ,water ,resources ,development ,act of #bjjj 7#aad ,stat4 #bgji7 is repealed4 7b7 ,conforming amendments 7#a7 ,purposes ,section #ijb7;b77#c7 of the ,water ,resources ,development ,act of #bjjj 7#aad ,stat4 #bgjh7 is amended by inserting prepared under section #ije7;e7 7as in effect on the day before the date of enactment of the ,water ,resources ,development ,act of #bjbj7 before the period at the end4 7#b7 ,definitions ,section #ijc of the ,water ,resources ,development ,act of #bjjj 7#aad ,stat4 #bgjh7 is amended-- 7,a7 by striking paragraphs 7#b7 and 7#d72 and 7,b7 by redesignating paragraphs 7#c7 and 7#e7 as paragraphs 7#b7 and 7#c71 respectively4 #cfj4 ,conforming amendments 7a7 ,section #gaj of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbfd71 and the item relating to such section in the table of contents1 are repealed4 7b7 ,section #ajja of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #egi;a7 is amended-- 7#a7 in subsection 7b71 by striking paragraph 7#b7 and redesignating paragraph 7#c7 as paragraph 7#b72 and 7#b7 by striking subsection 7c74 7c7 ,section #ajja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;c7 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by striking ,notwithstanding the requirements of subsection 7c71 the ,secretary and inserting ,the ,secretary2 7,b7 by striking subsections 7a7 and 7c7 each place it appears and inserting subsection 7a72 and 7,c7 by striking paragraph 7#d72 and 7#b7 by striking subsection 7c7 and redesignating subsections 7d7 through 7g7 as subsections 7c7 through 7f71 respectively4 7d7 ,section #fjjc of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #egi;c71 and the item relating to such section in the table of contents1 are repealed4 7e7 ,section #acja of the ,water ,resources ,development ,act of #bjaf 7#cc ,u4,s4,c4 #egi;d71 and the item relating to such section in the table of contents1 are repealed4 7f7 ,section #acjb of the ,water ,resources ,development ,act of #bjaf 7#cc ,u4,s4,c4 #egi;c-#a71 and the item relating to such section in the table of contents1 are repealed4 7g7 ,section #acja of the ,water ,resources ,development ,act of #bjah 7#cc ,u4,s4,c4 #egi;d-#a71 and the item relating to such section in the table of contents1 are repealed4 7h7 ,section #acjb of the ,water ,resources ,development ,act of #bjah 7#cc ,u4,s4,c4 #egi;c-#b71 and the item relating to such section in the table of contents1 are repealed4 ,,iv ,water ,resources ,infrastructure #dja4 ,project authorizations ,the following projects for water resources development and conservation and other purposes1 as identified in the reports titled ,report to ,congress on ,future ,water ,resources ,development submitted to ,congress pursuant to section #gjja of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bbhb;d7 or otherwise reviewed by ,congress1 are authorized to be carried out by the ,secretary substantially in accordance with the plans1 and subject to the conditions1 described in the respective reports or decision documents designated in this section3 7#a7 ,navigation ,a4 ,state,b4 ,name,c4 ,date of ,report of ,chief of ,engineers,d4 ,estimated ,costs #a4 ,a,k,port of ,nome ,modifications,may #bi1 #bjbj;,federal3 #cgh1ijh1jjj,non-,federal3 #abf1cbe1jjj,total3 #eje1bcc1jjj #b4 ,a,k,st4 ,george ,harbor ,improvement1 ,st4 ,george,august #ac1 #bjbj;,federal3 #adg1hgd1jjj,non-,federal3 #af1ejh1jjj,total3 #afd1chb1jjj #c4 ,a,k,unalaska 7,dutch ,harbor7 ,channels,february #g1 #bjbj;,federal3 #bf1ifg1jjj,non-,federal3 #h1ihi1jjj,total3 #ce1ief1jjj #d4 ,,ct ,new ,haven ,harbor ,navigation ,improvement ,project ,may #g1 #bjbj;,federal3 #ee1bej1jjj,non-,federal3 #ai1ddb1jjj,total3 #gd1fib1jjj #e4 ,,ny1 ,n,j,new ,york and ,new ,jersey ,harbor ,anchorages,april #bc1 #bjbj;,federal3 #ai1eej1jjj,non-,federal3 #f1ebj1jjj,total3 #bf1jgj1jjj #f4 ,t,x,gulf ,intracoastal ,waterway1 ,brazos ,river ,floodgates and ,colorado ,river ,locks,october #bc1 #bjai,total3 #dad1add1jjj #g4 ,t,x,houston ,ship ,channel ,expansion ,channel ,improvement ,project1 ,harris1 ,chambers1 and ,galveston ,counties,april #bc1 #bjbj;,federal3 #fbe1bjd1jjj,non-,federal3 #bfj1dca1jjj,total3 #hhe1fce1jjj #h4 ,t,x,matagorda ,ship ,channel ,improvement ,project1 ,port ,lavaca,november #ae1 #bjai;,federal3 #adj1aef1jjj,non-,federal3 #hj1ejj1jjj,total3 #bbj1fef1jjj #i4 ,v,a,atlantic ,intracoastal ,waterway1 ,north ,landing ,bridge ,replacement,august #be1 #bjbj;,federal3 #ajb1gee1jjj,non-,federal3 #j,total3 #ajb1gee1jjj 7#b7 ,flood risk management ,a4 ,state,b4 ,name,c4 ,date of ,report of ,chief of ,engineers,d4 ,estimated ,costs #a4 ,a,z,little ,colorado ,river at ,winslow1 ,navajo ,county,december #ad1 #bjah;,federal3 #ed1bfj1jjj,non-,federal3 #bi1bag1jjj,total3 #hc1dgg1jjj #b4 ,c,a,westminster1 ,east ,garden ,grove1 ,california ,flood ,risk ,management,july #i1 #bjbj;,federal3 #cbd1ije1jjj,non-,federal3 #idj1aia1jjj,total3 #a1bfe1jif1jjj #c4 ,,ct1 ,n,y,westchester ,county ,streams1 ,byram ,river ,basin1 ,fairfield ,county1 ,connecticut1 and ,westchester ,county1 ,new ,york,may #g1 #bjbj;,federal3 #ae1aii1jjj,non-,federal3 #ae1aii1jjj,total3 #cj1cig1jjj #d4 ,k,y,louisville ,metropolitan ,flood ,protection ,system ,reconstruction1 ,jefferson and ,bullitt ,counties,october #bg1 #bjbj;,federal3 #abb1agj1jjj,non-,federal3 #fe1iag1jjj,total3 #ahh1jhg1jjj #e4 ,n,d,souris ,river ,basin ,flood ,risk ,management,april #af1 #bjai;,federal3 #ei1ehb1iae,non-,federal3 #cb1cfd1jhe,total3 #ia1idg1jjj #f4 ,n,j,peckman ,river ,basin,april #bi1 #bjbj;,federal3 #ih1acg1jjj,non-,federal3 #eb1hdc1jjj,total3 #aej1ihj1jjj #g4 ,n,m,middle ,rio ,grande ,flood ,protection1 ,bernalillo to ,belen,march #ac1 #bjbj;,federal3 #bja1idd1dea,non-,federal3 #ajh1gdj1jjj,total3 #caj1fhd1jjj #h4 ,o,k,tulsa and ,west-,tulsa ,levee ,system1 ,tulsa ,county ,april #bc1 #bjbj;,federal3 #hi1caa1jjj,non-,federal3 #dh1jia1jjj,total3 #acg1djb1jjj #i4 ,p,r,rio ,culebrinas at ,aguiadilla and ,aguada,august #ag1 #bjbj;,federal3 #ag1bie1fjj,non-,federal3 #h1efh1djj,total3 #be1hfd1jjj #aj4 ,p,r,rio ,guayanilla ,flood ,risk ,management1 ,guayanilla,august #ac1 #bjbj;,federal3 #ajc1dbb1jjj,non-,federal3 #ee1fhi1jjj,total3 #aei1aaa1jjj #aa4 ,p,r,rio ,grande de ,manati ,flood ,risk ,management1 ,ciales,november #ah1 #bjbj;,federal3 #i1ggj1jjj,non-,federal3 #d1ebj1jjj,total3 #ad1bij1jjj #ab4 ,u,s,v,i,savan ,gut1 ,st4 ,thomas,august #bd1 #bjbj;,federal3 #dh1feh1ajj,non-,federal3 #be1dee1ijj,total3 #gd1aad1jjj #ac4 ,u,s,v,i,turpentine ,run1 ,st4 ,thomas,august #ag1 #bjbj;,federal3 #bi1hag1hej,non-,federal3 #ae1caa1aej,total3 #de1abi1jjj 7#c7 ,hurricane and storm damage risk reduction ,a4 ,state,b4 ,name,c4 ,date of ,report of ,chief of ,engineers,d4 ,estimated ,costs #a4 ,d,e,delaware ,beneficial ,use of ,dredged ,material for the ,delaware ,river,march #f1 #bjbj;,initial ,federal3 #ff1dfd1jjj;,initial ,non-,federal3 #ce1ghi1jjj,total3 #ajb1bec1jjj,renourishment ,federal3 #abj1jbc1jjj,renourishment ,non-,federal3 #abj1jbc1jjj,renourishment ,total3 #bdj1jdf1jjj #b4 ,n,j,new ,jersey ,beneficial ,use of ,dredged ,material for the ,delaware ,river ,april #h1 #bjbj;,initial ,federal3 #hd1jga1jjj;,initial ,non-,federal3 #de1bgj1jjj,total3 #abi1cda1jjj,renourishment ,federal3 #he1die1jjj,renourishment ,non-,federal3 #he1die1jjj,renourishment ,total3 #agj1iij1jjj #c4 ,n,j,rahway ,river ,basin1 ,new ,jersey ,coastal ,storm ,risk ,management,june #i1 #bjbj;,federal3 #dh1cbb1jjj,non-,federal3 #bf1jbj1jjj ,total3 #gd1cdb1jjj #d4 ,n,j,raritan ,bay and ,sandy ,hook ,bay1 ,highlands,august #be1 #bjbj;,federal3 #ajg1fhj1jjj,non-,federal3 #eg1iha1jjj ,total3 #afe1ffa1jjj #e4 ,n,y,east ,rockaway ,inlet to ,rockaway ,inlet and ,jamaica ,bay1 ,atlantic ,coast of ,new ,york,august #bb1 #bjai;,initial ,federal3 #fch1dfj1jjj;,initial ,non-,federal3 #j,total3 #fch1dfj1jjj,renourishment ,federal3 #bjj1ibd1jjj,renourishment ,non-,federal3 #bjj1ibd1jjj,renourishment ,total3 #dja1hdg1jjj #f4 ,n,y,fire ,island ,inlet to ,montauk ,point1 ,new ,york ,reformulation,july #i1 #bjbj;,initial ,federal3 #a1egf1gij1jjj;,initial ,non-,federal3 #j,total3 #a1egf1gij1jjj,renourishment ,federal3 #gfg1fie1jjj,renourishment ,non-,federal3 #gfg1fie1jjj,renourishment ,total3 #a1ece1cij1jjj #g4 ,n,y,hashamomuck ,cove ,coastal ,storm ,risk ,management,december #i1 #bjai;,initial ,federal3 #aa1ibj1jjj;,initial ,non-,federal3 #f1dah1jjj,total3 #ah1cch1jjj,renourishment ,federal3 #bd1bcg1jjj,renourishment ,non-,federal3 #bd1bcg1jjj,renourishment ,total3 #dh1dgd1jjj #h4 ,r,i,pawcatuck ,river ,coastal ,storm ,risk ,management ,project ,december #ai1 #bjah;,federal3 #cg1fgi1jjj ,non-,federal3 #bj1bhi1jjj,total3 #eg1ifh1jjj #i4 ,v,a,norfolk ,coastal ,storm ,risk ,management,february #e1 #bjai;,federal3 #idb1ibj1jjj,non-,federal3 #ejg1gcj1jjj ,total3 #a1dej1fej1jjj 7#d7 ,flood risk management and ecosystem restoration ,a4 ,state,b4 ,name,c4 ,date of ,report of ,chief of ,engineers,d4 ,estimated ,costs #a4 ,c,o,south ,platte ,river and ,tributaries1 ,adams and ,denver ,counties,july #bi1 #bjai ,federal3 #cdd1jgf1jjj,non-,federal3 #bjf1aig1jjj,total3 #eej1bgc1jjj 7#e7 ,ecosystem restoration ,a4 ,state,b4 ,name,c4 ,date of ,report of ,chief of ,engineers,d4 ,estimated ,costs #a4 ,c,a,delta ,islands and ,levees ,december #ah1 #bjah;,federal3 #ag1bea1jjj,non-,federal3 #i1bhi1jjj,total3 #bf1edj1jjj #b4 ,c,a,malibu ,creek ,ecosystem ,restoration1 ,los ,angeles and ,ventura ,counties,november #ac1 #bjbj;,federal3 #agb1bdi1jjj,non-,federal3 #ajf1ifj1jjj,total3 #bgi1bji1jjj #c4 ,c,a,yuba ,river ,ecosystem ,restoration,june #bj1 #bjai;,federal3 #ff1ige1jjj,non-,federal3 #cf1jfd1jjj,total3 #ajc1jci1jjj #d4 ,,co1 ,,nm1 ,t,x,rio ,grande1 ,environmental ,management ,program1 ,sandia ,pueblo to ,isleta ,pueblo1 ,new ,mexico1 ,ecosystem ,restoration,august #e1 #bjai;,federal3 #af1iih1jjj,non-,federal3 #i1aec1jjj,total3 #bf1aea1jjj #e4 ,f,l,comprehensive ,everglades ,restoration ,plan1 ,loxahatchee ,river ,watershed ,restoration ,project1 ,martin and ,palm ,beach ,counties,april #h1 #bjbj;,federal3 #cgi1ehc1jjj,non-,federal3 #cge1gcg1jjj,total3 #gee1cbj1jjj #f4 ,,ia1 ,m,o,grand ,river ,basin ,ecosystem ,restoration,november #ah1 #bjbj;,federal3 #gh1hgf1jjj,non-,federal3 #db1dga1jjj,total3 #aba1cdg1jjj #g4 ,i,l,the ,great ,lakes and ,mississippi ,river ,interbasin ,study - ,brandon ,road1 ,will ,county,may #bc1 #bjai;,federal3 #eeg1gcj1eej,non-,federal3 #cjj1caf1dej,total3 #heh1jdg1jjj #h4 ,i,l,south ,fork of the ,south ,branch of the ,chicago ,river1 ,bubbly ,creek1 ,ecosystem ,restoration,july #i1 #bjbj;,federal3 #aa1feg1jjj,non-,federal3 #f1bgg1jjj,total3 #ag1icd1jjj #i4 ,m,d,anacostia ,watershed ,restoration1 ,prince ,george's ,county,december #ai1 #bjah;,federal3 #be1hff1gej,non-,federal3 #ac1ibh1bej,total3 #ci1gie1jjj #aj4 ,m,o,st4 ,louis ,riverfront- ,meramec ,river ,basin ,ecosystem ,restoration,november #a1 #bjai;,federal3 #fa1cfb1hic,non-,federal3 #cc1jdb1ajg,total3 #id1dje1jjj #aa4 ,,ny1 ,n,j,hudson-,raritan ,estuary ,ecosystem ,restoration,may #bf1 #bjbj;,federal3 #bgc1icc1jjj,non-,federal3 #adg1ejb1jjj,total3 #dba1dce1jjj #ab4 ,n,y,hudson ,river ,habitat ,restoration,november #ai1 #bjbj;,federal3 #cc1dgi1jjj,non-,federal3 #aa1aei1jjj,total3 #dd1fch1jjj #ac4 ,t,x,jefferson ,county ,ecosystem ,restoration,september #ab1 #bjai;,federal3 #ch1idb1jjj,non-,federal3 #bj1ifi1jjj,total3 #ei1iaa1jjj 7#f7 ,water supply ,a4 ,state,b4 ,name,c4 ,date of ,report of ,chief of ,engineers,d4 ,estimated ,costs #a4 ,o,r,willamette ,river ,basin ,review ,reallocation1,december #ah1 #bjai ,federal3 #j,non-,federal3 #j,total3 #j 7#g7 ,modifications and other projects ,a4 ,state,b4 ,name,c4 ,date of ,decision ,document,d4 ,estimated ,costs #a4 ,c,a,san ,luis ,rey ,flood ,control ,project1 ,san ,diego ,county,july #bd1 #bjbj;,federal3 #adc1djg1ejj,non-,federal3 #dg1hjb1ejj ,total3 #aia1baj1jjj #b4 ,f,l,caloosahatchee ,river ,west ,basin ,storage ,reservoir 7,c-#dc ,,wbsr7,july #bd1 #bjbj;,federal3 #ead1iii1jjj,non-,federal3 #ead1iii1jjj,total3 #a1jbi1iih1jjj #c4 ,f,l,central and ,southern ,florida1 ,canal #aaa 7,c-#aaa7 ,south ,dade ,project,september #ae1 #bjbj;,federal3 #ff1gcf1ejj,non-,federal3 #ff1gcf1ejj ,total3 #acc1dgc1jjj #d4 ,k,y,kentucky ,lock,june #i1 #bjbj,total3 #a1aff1hji1jjj #e4 ,n,c,carolina ,beach ,integrated ,beach ,renourishment ,june #af1 #bjbj;,federal3 #be1abe1jjj,non-,federal3 #be1abe1jjj,total3 #ej1bej1jjj #f4 ,n,c,wrightsville ,beach ,july #b1 #bjbj;,federal3 #fj1jfh1jjj,non-,federal3 #ah1dhf1jjj,total3 #gh1eed1jjj,renourishment ,federal3 #ah1iah1ijj,renourishment ,non-,federal3 #aj1ahg1ajj,renourishment ,total3 #bi1ajf1jjj #g4 ,t,x,corpus ,christi ,ship ,channel1 ,deepening and ,widening and ,barge ,shelves,may #d1 #bjbj;,federal3 #djf1cdc1jjj,non-,federal3 #bge1bgd1jjj,total3 #fha1fag1jjj #h4 ,v,a,atlantic ,intracoastal ,waterway ,deep ,creek ,bridge ,replacement,october #ai1 #bjbj;,federal3 #ei1ejj1jjj,non-,federal3 #j ,total3 #ei1ejj1jjj #djb4 ,special rules 7a7 ,great ,lakes and ,mississippi ,river ,interbasin ,project1 ,brandon ,road1 ,will ,county1 ,illinois ,the ,secretary shall carry out the project for ecosystem restoration1 ,great ,lakes and ,mississippi ,river ,interbasin project1 ,brandon ,road1 ,will ,county1 ,illinois1 authorized by section #dja of this ,act1 substantially in accordance with the terms and conditions described in the ,report of the ,chief of ,engineers1 dated ,may #bc1 #bjai1 with the following modifications3 7#a7 ,the ,federal share of the cost of construction shall be #hj percent4 7#b7 ,the ,secretary may include the addition or substitution of technologies or measures not described in the report1 as the ,secretary determines to be advisable4 7b7 ,east ,rockaway ,inlet to ,rockaway ,inlet and ,jamaica ,bay ,reformulation1 ,new ,york ,the project for hurricane and storm damage reduction1 ,east ,rockaway ,inlet to ,rockaway ,inlet and ,jamaica ,bay1 ,atlantic ,coast of ,new ,york1 authorized by section #dja of this ,act1 shall be considered to be a continuation of the interim response to the authorization by the ,house of ,representatives dated ,september #bj1 #aiig1 and the authorization under the heading ,department of the ,army--,corps of ,engineers--,civil--,construction under chapter #d of title ,x of the ,disaster ,relief ,appropriations ,act1 #bjac 7#abg ,stat4 #bd74 7c7 ,tulsa and ,west-,tulsa ,levee ,system1 ,tulsa ,county1 ,oklahoma ,for the project for flood risk management1 ,tulsa and ,west-,tulsa ,levee ,system1 ,tulsa ,county1 ,oklahoma1 authorized by section #dja of this ,act1 the non-,federal contribution for the project shall be financed over a period of #cj years from the date of completion of the project1 in accordance with section #ajc7k7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbac7k774 7d7 ,willamette ,river ,basin review reallocation study ,the ,secretary shall carry out the project for water supply1 ,willamette ,river ,basin ,review ,reallocation1 ,oregon1 authorized by section #dja of this ,act1 substantially in accordance with the terms and conditions described in the ,report of the ,chief of ,engineers1 dated ,december #ah1 #bjai1 with the following modifications3 7#a7 ,the ,secretary shall meet the obligations of the ,corps of ,engineers under the ,endangered ,species ,act of #aigc by complying with the ,june #bjai ,,nmfs ,willamette ,basin ,review ,study ,biological ,opinion ,reasonable and ,prudent ,alternative until such time1 if any1 as it is modified or replaced1 in whole or in part1 through the consultation process under section #g7;a7 of the ,endangered ,species ,act of #aigc4 7#b7 ,the ,secretary may reallocate not more than #aj percent of overall storage in the joint conservation pool1 as authorized by this ,act and without further congressional action1 if such reallocation is consistent with the ongoing consultation under section #g7;a7 of the ,endangered ,species ,act of #aigc related to ,willamette ,valley ,system operations4 7#c7 ,the ,secretary shall ensure that the revised reallocation is not reallocated from a single storage use1 does not seriously affect authorized project purposes1 and does not otherwise involve major operational changes to the project4 7e7 ,cano ,martin ,pena1 ,san ,juan1 ,puerto ,rico ,section #eabg of the ,water ,resources ,development ,act of #bjjg 7#aba ,stat4 #abdb7 is amended by striking #aej1jjj1jjj and inserting #bee1haf1jjj4 #djc4 ,authorization of projects based on feasibility studies prepared by non-,federal interests 7a7 ,in general ,the ,secretary is authorized to carry out the following projects for water resources development and conservation and other purposes1 subject to subsection 7b73 7#a7 ,fort ,pierce1 ,st4 ,lucie ,county1 ,florida ,the project for hurricane and storm damage reduction1 ,fort ,pierce1 ,st4 ,lucie ,county1 ,florida1 as described in the review assessment of the ,secretary1 titled ,review ,assessment of ,st4 ,lucie ,county1 ,florida ,fort ,pierce ,shore ,protection ,project ,section #bjc ,integrated ,feasibility ,study and ,environmental ,assessment 7,june #bjah7 and dated ,july #bjah1 at a total cost of #cc1ajg1fci1 and at an estimated total cost of #ig1ieh1igb for periodic nourishment over the #ej-year life of the project4 7#b7 ,baptiste ,collette ,bayou1 ,louisiana ,the project for navigation1 ,baptiste ,collette ,bayou1 ,louisiana1 as described in the review assessment of the ,secretary1 titled ,review ,assessment of ,plaquemines ,parish ,government's ,section #bjc ,study ,baptiste ,collette ,bayou ,navigation ,channel ,deepening ,project ,integrated ,feasibility ,study and ,environmental ,assessment 7,january #bjag1 ,amended ,april #bjah7 and dated ,june #bjah1 at a total cost of #dd1ibj1jjj4 7#c7 ,houma ,navigation ,canal1 ,louisiana ,the project for navigation1 ,houma ,navigation ,canal1 ,louisiana1 as described in the review assessment of the ,secretary1 titled ,review ,assessment of ,houma ,navigation ,canal ,deepening ,project ,section #bjc ,integrated ,feasibility ,report and ,,draft ,environmental ,impact ,statement 7,june #bjah7 and dated ,july #bjah1 at a total cost of #bec1deh1jjj4 7#d7 ,port ,fourchon ,belle ,pass ,channel1 ,louisiana ,the project for navigation1 ,port ,fourchon ,belle ,pass ,channel1 ,louisiana1 as described in the review assessment of the ,secretary1 titled ,review ,assessment of ,port ,fourchon ,belle ,pass ,channel ,deepening ,project ,section #bjc ,feasibility ,study 7,january #bjai1 revised ,january #bjbj7 and dated ,april #bjbj1 at a total cost of #ie1dhc1jjj4 7#e7 ,wilmington ,harbor1 ,north ,carolina ,the project for navigation1 ,wilmington ,harbor1 ,north ,carolina1 as described in the review assessment of the ,secretary1 titled ,review ,assessment of ,wilmington ,harbor1 ,north ,carolina ,navigation ,improvement ,project ,integrated ,section #bjc ,study ,environmental ,report 7,february #bjbj7 and dated ,may #bjbj1 at a total cost of #hcd1jic1jjj4 7#f7 ,chacon ,creek1 ,texas ,the project for flood risk management1 ecosystem restoration1 and other purposes1 ,chacon ,creek1 ,texas1 as described in the review assessment of the ,secretary1 titled ,review ,assessment of ,chacon ,creek1 ,texas ,section #bjc ,integrated ,feasibility ,report and ,,draft ,environmental ,assessment 7,august #bjah7 and dated ,september #bjah1 at a total cost of #ea1igc1jjj4 7b7 ,requirements ,the ,secretary may only carry out a project authorized under subsection 7a7-- 7#a7 substantially in accordance with the applicable review assessment for the project submitted by the ,secretary under section #bjc7;c7 of the ,water ,resources ,development ,act of #aihf1 as identified in subsection 7a7 of this section1 and subject to such modifications or conditions as the ,secretary considers appropriate and identifies in a final assessment that addresses the concerns1 recommendations1 and conditions identified by the ,secretary in the applicable review assessment2 and 7#b7 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 assessment4 ,v ,other ,matters #eja4 ,update on ,invasive ,species ,policy ,guidance 7a7 ,in general ,the ,secretary shall periodically update the ,invasive ,species ,policy ,guidance1 developed under section #ajd of the ,river and ,harbor ,act of #aieh 7#cc ,u4,s4,c4 #faj7 and the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgja et seq471 in accordance with the most recent ,national ,invasive ,species ,council ,management ,plan developed pursuant to ,executive ,order #acaab4 7b7 ,inclusion ,the ,secretary may include in the updated guidance invasive species specific efforts at federally authorized water resources development projects located in-- 7#a7 high-altitude lakes2 and 7#b7 the ,tennessee and ,cumberland ,river basins4 #ejb4 ,aquatic invasive species research ,section #aajh of the ,water ,resources ,development ,act of #bjah 7#cc ,u4,s4,c4 #bbfc;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking management and inserting prevention1 management12 and 7,b7 by inserting 1 elodea1 quagga mussels1 after ,asian carp2 and 7#b7 in subsection 7b7-- 7,a7 by inserting or could be impacted in the future after impacted2 and 7,b7 by striking ,pacific and all that follows through the period at the end and inserting ,pacific1 ,arctic1 and ,gulf ,coasts1 the ,great ,lakes1 and reservoirs operated and maintained by the ,secretary44 #ejc4 ,terrestrial noxious weed control pilot program 7a7 ,in general ,the ,secretary shall carry out a pilot program1 in consultation with the ,federal ,interagency ,committee for the ,management of ,noxious and ,exotic ,weeds1 to identify and develop new and improved strategies for terrestrial noxious weed control on ,federal land under the jurisdiction of the ,secretary4 7b7 ,partnerships ,in carrying out the pilot program under subsection 7a71 the ,secretary shall act in partnership with such other individuals and entities as the ,secretary determines to be appropriate4 7c7 ,cooperative agreements ,the ,secretary may utilize cooperative agreements with county and ,state agencies for the implementation of the pilot program under subsection 7a74 7d7 ,report to ,congress ,not later than #b years after the date of enactment of this ,act1 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 7a74 #ejd4 ,invasive species risk assessment1 prioritization1 and management ,section #ebh7;f77#b7 of the ,water ,resources ,development ,act of #aiif 7#aaj ,stat4 #cgga7 is amended-- 7#a7 by redesignating subparagraphs 7,i7 and 7,j7 as subparagraphs 7,j7 and 7,k71 respectively2 7#b7 by inserting after subparagraph 7,h7 the following3 7,i7 shall1 using existing amounts appropriated to the ,task ,force1 develop and update1 as appropriate1 a priority list of invasive species that-- 7i7 reflects an assessment of ecological risk that the listed invasive species represent2 7ii7 includes populations of invasive plants and animals that-- 7,i7 are significantly impacting the structure and function of ecological communities1 native species1 or habitat within the ,south ,florida ecosystem2 or 7,,ii7 demonstrate a strong potential to reduce1 obscure1 or otherwise alter key indicators used to measure ,everglades restoration progress2 and 7iii7 shall be used by the ,task ,force and agencies and entities represented on the ,task ,force to focus cooperative and collaborative efforts-- 7,i7 to guide applied research2 7,,ii7 to develop innovative strategies and tools to facilitate improved management1 control1 or eradication of listed invasive species2 7,,iii7 to implement specific management1 control1 or eradication activities at the appropriate periodicity and intensity necessary to reduce or neutralize the impacts of listed invasive species1 including the use of qualified skilled volunteers when appropriate2 and 7,,iv7 to develop innovative strategies and tools to prevent future introductions of nonnative species2 2 7#c7 in subparagraph 7,j7 7as so redesignated71 by striking ecosystem and inserting ecosystem1 including the activities described in subparagraph 7,i72 and 7#d7 in clause 7i7 of subparagraph 7,k7 7as so redesignated71 by inserting 1 including the priority list under subparagraph 7,i7 and the activities described in that subparagraph after ,task ,force4 #eje4 ,invasive species mitigation and reduction ,section #ajd of the ,river and ,harbor ,act of #aieh 7#cc ,u4,s4,c4 #faj7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking this section #aaj1jjj1jjj and inserting this section 7except for subsections 7f7 and 7g77 #acj1jjj1jjj2 7ii7 in subparagraph 7,b71 by striking and at the end2 7iii7 in subparagraph 7,c71 by striking the period at the end and inserting a semicolon2 and 7iv7 by adding at the end the following3 7,d7 #cj1jjj1jjj shall be made available to carry out subsection 7d77#a77;,a77iv72 and 7,e7 #aj1jjj1jjj shall be made available to carry out subsection 7d77#a77;,a77v74 2 7,b7 by redesignating paragraph 7#b7 as paragraph 7#c72 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,other programs 7,a7 ,in general ,there are authorized to be appropriated-- 7i7 #aj1jjj1jjj for each of fiscal years #bjba through #bjbd to carry out subsection 7f72 and 7ii7 #ej1jjj1jjj for each of fiscal years #bjba through #bjbd to carry out subsection 7g77#b74 7,b7 ,invasive plant species pilot program ,there is authorized to be appropriated to the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service1 #aj1jjj1jjj to carry out subsection 7g77#c74 2 and 7,d7 in paragraph 7#c7 7as so redesignated71 by inserting or 7#b77;,a7 after paragraph 7#a72 7#b7 in subsection 7d7-- 7,a7 in the subsection heading1 by inserting and ,decontamination after ,inspection2 7,b7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 in the subparagraph heading1 by inserting and decontamination after inspection2 7,,ii7 in clause 7ii71 by striking and at the end2 7,,iii7 in clause 7iii71 by striking ,arizona ,river ,basins4 and inserting ,arkansas ,river ,basins22 and 7,,iv7 by adding at the end the following3 7iv7 to protect the ,russian ,river ,basin1 ,california2 and 7v7 to protect basins and watersheds that adjoin an international border between the ,united ,states and ,canada4 2 and 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,locations ,the ,secretary shall place watercraft inspection and decontamination stations under subparagraph 7,a7 at locations with the highest likelihood of preventing the spread of aquatic invasive species into and out of waters of the ,united ,states1 as determined by the ,secretary in consultation with the ,governors and entities described in paragraph 7#c74 2 7,c7 in paragraph 7#c77;,a71 by striking 7iii7 and inserting 7v72 and 7,d7 by striking watercraft inspection stations each place it appears and inserting watercraft inspection and decontamination stations2 and 7#c7 by adding at the end the following3 7f7 ,invasive species management pilot program 7#a7 ,definition of invasive species ,in this subsection1 the term invasive species has the meaning given the term in section #a of ,executive ,order #acaab 7#fd ,fed4 ,reg4 #fahc2 relating to invasive species 7,february #c1 #aiii77 7as amended by section #b of ,executive ,order #acgea 7#ha ,fed4 ,reg4 #hhfji2 relating to safeguarding the ,nation from the impacts of invasive species 7,december #e1 #bjaf7774 7#b7 ,development of plans ,the ,secretary1 in coordination with the ,aquatic ,nuisance ,species ,task ,force1 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 ,states4 7#c7 ,management plan 7,a7 ,in general ,the ,secretary1 in consultation with the ,governor of each ,state in the ,upper ,missouri ,river ,basin that elects to participate in the pilot program1 shall prepare a management plan1 or update or expand an existing plan1 for each participating ,state that identifies public infrastructure facilities located on reservoirs of the ,corps of ,engineers in those ,states that-- 7i7 are affected by aquatic invasive species2 and 7ii7 need financial and technical assistance in order to maintain operations4 7,b7 ,use of existing plans ,in developing a management plan under subparagraph 7,a71 the ,secretary shall consider a management plan submitted by a participating ,state under section #abjd7;a7 of the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgbd7;a774 7#d7 ,termination of authority ,the authority provided under this subsection shall terminate on ,september #cj1 #bjbd4 7g7 ,invasive species prevention1 control1 and eradication 7#a7 ,definition of invasive species ,in this subsection1 the term invasive species has the meaning given the term in section #a of ,executive ,order #acaab 7#fd ,fed4 ,reg4 #fahc2 relating to invasive species 7,february #c1 #aiii77 7as amended by section #b of ,executive ,order #acgea 7#ha ,fed4 ,reg4 #hhfji2 relating to safeguarding the ,nation from the impacts of invasive species 7,december #e1 #bjaf7774 7#b7 ,invasive species partnerships 7,a7 ,in general ,the ,secretary may enter into partnerships with applicable ,states and other ,federal agencies to carry out actions to prevent the introduction of1 control1 or eradicate1 to the maximum extent practicable1 invasive species that adversely impact water quantity or water quality in the ,platte ,river ,basin1 the ,upper ,colorado ,river ,basin1 the ,upper ,snake ,river ,basin1 and the ,upper ,missouri ,river ,basin4 7,b7 ,prioritization ,in selecting actions to carry out under a partnership under subparagraph 7,a71 the ,secretary shall give priority to projects that are intended to control or eradicate the ,russian olive 7,elaeagnus angustifolia7 or saltcedar 7of the genus ,tamarix74 7#c7 ,invasive plant species pilot program 7,a7 ,definitions ,in this paragraph3 7i7 ,eligible entity ,the term eligible entity means a partnership between or among #b or more entities that-- 7,i7 includes-- 7aa7 at least #a flood control district2 and 7bb7 at least #a city1 county1 township1 town1 borough1 parish1 village1 or other general purpose political subdivision of a ,state or ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd772 and 7,,ii7 may include any other entity 7such as a nonprofit organization or institution of higher education71 as determined by the ,secretary4 7ii7 ,invasive plant species ,the term invasive plant species means a plant that is nonnative to the ecosystem under consideration1 the introduction of which causes or is likely to cause economic harm or harm to human health4 7,b7 ,pilot program ,the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service1 shall establish a pilot program under which such ,secretary shall work with eligible entities to carry out activities-- 7i7 to remove invasive plant species in riparian areas that contribute to drought conditions in-- 7,i7 the ,lower ,colorado ,river ,basin2 7,,ii7 the ,rio ,grande ,river ,basin2 7,,iii7 the ,texas ,gulf ,coast ,basin2 and 7,,iv7 the ,arkansas-,white-,red ,basin2 7ii7 where appropriate1 to replace the invasive plant species described in clause 7i7 with ecologically suitable native species2 and 7iii7 to maintain and monitor riparian areas in which activities are carried out under clauses 7i7 and 7ii74 7,c7 ,report to ,congress ,not later than #ah months after the date of enactment of this subsection1 the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service1 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 program4 7,d7 ,termination of authority ,the authority provided under this paragraph shall terminate on ,september #cj1 #bjbd4 7#d7 ,cost share ,the ,federal share of an action carried out under a partnership under paragraph 7#b7 or an activity carried out under the pilot program under paragraph 7#c7 shall not exceed #hj percent of the total cost of the action or activity4 4 #ejf4 ,aquatic invasive species prevention ,section #ajci7;b7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#af ,u4,s4,c4 #dgja note7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the paragraph heading1 by striking upper mississippi and ohio river basins and tributaries and inserting mississippi river and tributaries1 including sub-basins2 7,b7 in subparagraph 7,a71 by striking ,upper ,mississippi and ,ohio ,river basins and tributaries and inserting ,mississippi ,river and tributaries1 including the #f sub-basins of the ,river12 and 7,c7 in subparagraph 7,b71 by striking and the document prepared and all that follows through ,february #bjab4 and inserting the ,mississippi ,river ,basin ,asian ,carp ,control ,strategy ,framework1 and the ,asian ,carp ,regional ,coordinating ,committee's ,asian ,carp ,action ,plan42 and 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking ,december #ca of each year and inserting ,december #ca1 #bjbj1 and biennially thereafter2 and 7ii7 by striking ,upper ,mississippi and ,ohio ,river basins and tributaries and inserting ,mississippi ,river and tributaries1 including the #f sub-basins of the ,river2 and 7,b7 in subparagraph 7,b7-- 7i7 in clause 7i71 by striking ,upper ,mississippi and ,ohio ,river basins and tributaries and inserting ,mississippi ,river and tributaries1 including the #f sub-basins of the ,river12 and 7ii7 in clause 7ii71 by striking ,upper ,mississippi and ,ohio ,river basins and tributaries and inserting ,mississippi ,river and tributaries1 including the #f sub-basins of the ,river4 #ejg4 ,invasive species in alpine lakes pilot program 7a7 ,establishment ,the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service1 shall establish a pilot program 7referred to in this section as the pilot program7 to develop and carry out effective measures necessary to prevent1 control1 or eradicate aquatic invasive species in alpine lakes that are not located within a unit of the ,national ,park ,system4 7b7 ,partnerships ,the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service1 shall offer to enter into a partnership to carry out the pilot program with-- 7#a7 any relevant partnering ,federal agency2 and 7#b7 any relevant compact agency organized with the consent of ,congress under article ,i1 section #aj of the ,constitution of the ,united ,states4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the pilot program #be1jjj1jjj for the period of fiscal years #bjbb through #bjbd4 #ejh4 ,murder hornet eradication pilot program 7a7 ,grant authority ,the ,secretary of the ,interior1 acting through the ,director of the ,fish and ,wildlife ,service1 and in consultation with all relevant ,federal agencies1 shall establish a pilot program to provide financial assistance to ,states for management1 research1 and public education activities necessary to-- 7#a7 eradicate the ,asian giant hornet2 and 7#b7 restore bee populations damaged by the ,asian giant hornet4 7b7 ,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 hornet4 7c7 ,cost sharing 7#a7 ,federal share ,the ,federal share of the costs of activities carried out under the pilot program may not exceed #ge percent of the total costs of such activities4 7#b7 ,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 services4 7d7 ,limitation on administrative expenses ,not more than #e percent of financial assistance provided by the ,secretary of the ,interior under this section may be used for administrative expenses4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of the ,interior to carry out the pilot program #d1jjj1jjj for each of fiscal years #bjba through #bjbe4 7f7 ,definitions ,in this section3 7#a7 ,asian giant hornet ,the term ,asian giant hornet means a ,vespa mandarinia4 7#b7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 and the territories and insular possessions of the ,united ,states4 7g7 ,sunset ,the authority under this section shall terminate on the date that is #e years after the date of enactment of this ,act4 #eji4 ,asian carp prevention and control pilot program 7a7 ,corps of ,engineers ,asian carp prevention pilot program 7#a7 ,in general ,the ,secretary1 in conjunction with the ,tennessee ,valley ,authority and other relevant ,federal agencies1 shall carry out an ,asian carp prevention pilot program to carry out projects to manage and prevent the spread of ,asian carp using innovative technologies1 methods1 and measures4 7#b7 ,project selection 7,a7 ,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 documented4 7,b7 ,consultation ,in selecting projects to carry out under the pilot program1 the ,secretary shall consult with-- 7i7 applicable ,federal1 ,state1 and local agencies2 7ii7 institutions of higher education2 and 7iii7 relevant private organizations1 including nonprofit organizations4 7,c7 ,limitations 7i7 ,number of projects ,the ,secretary may select not more than #aj projects to carry out under the pilot program4 7ii7 ,deadline ,not later than ,september #cj1 #bjbd1 the ,secretary shall complete projects selected to be carried out under the pilot program4 7#c7 ,best practices ,in carrying out the pilot program1 to the maximum extent practicable1 the ,secretary shall consider existing best practices1 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 ,bighead1 ,black1 ,grass1 and ,silver ,carps in the ,united ,states and dated ,november #bjjg4 7#d7 ,cost-share 7,a7 ,in general ,the ,federal share of the costs of a project carried out under the program may not exceed #ge percent of the total costs of the project4 7,b7 ,operation1 maintenance1 rehabilitation1 and repair ,after the completion of a project under the pilot program1 the ,federal share of the costs for operation1 maintenance1 rehabilitation1 and repair of the project shall be #ajj percent4 7#e7 ,memorandum of agreement ,for projects carried out in reservoirs owned or managed by the ,tennessee ,valley ,authority1 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 resources4 7#f7 ,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 ,authority4 7#g7 ,report ,not later than #b years after the date of enactment of this ,act1 and #b years thereafter1 the ,secretary shall submit to ,congress a report describing the results of the pilot program1 including an analysis of the effectiveness of the innovative technologies1 methods1 and measures used in projects carried out under the pilot program at preventing the spread1 or managing the eradicating of1 ,asian carp4 7#h7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #be1jjj1jjj1 to remain available until expended4 7b7 ,fish and ,wildlife ,service ,asian carp eradication program 7#a7 ,establishment ,the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service1 shall establish a program to provide financial assistance to ,states to implement measures1 including for management1 research1 and public education activities1 necessary to eradicate the ,asian carp4 7#b7 ,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 carp4 7#c7 ,priority ,in providing financial assistance under the program1 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 documented4 7#d7 ,cost sharing 7,a7 ,federal share ,the ,federal share of the costs of activities carried out under the program may not exceed #hj percent of the total costs of such activities4 7,b7 ,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 services4 7#e7 ,limitation on administrative expenses ,not more than #e percent of financial assistance provided by the ,secretary of the ,interior under this subsection may be used for administrative expenses4 7#f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of the ,interior to carry out this subsection #d1jjj1jjj for each of fiscal years #bjba through #bjbe4 #eaj4 ,invasive species in noncontiguous ,states and territories pilot program 7a7 ,establishment ,the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service1 shall establish a pilot program to carry out measures necessary to prevent1 control1 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 projects4 7b7 ,implementation ,the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service1 is encouraged to carry out the measures described in subsection 7a7 in consultation with-- 7#a7 ,states1 any territory or possession of the ,united ,states1 and units of local government1 including federally recognized ,indian ,tribes 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd772 and 7#b7 nonprofit organizations with knowledge of1 and experience in1 forested watershed management1 including nonprofit organizations with a primary purpose of serving and partnering with indigenous communities4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the pilot program under subsection 7a7 #be1jjj1jjj for the period of fiscal years #bjbb through #bjbd4 #eaa4 ,soil moisture and snowpack monitoring 7a7 ,installation of network 7#a7 ,in general ,in accordance with the activities required under section #djjc7;a7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#abh ,stat4 #acaj2 #acj ,stat4 #afgf71 and to support the goals of the ,weather ,research and ,forecasting ,innovation ,act of #bjag 7,public ,law #aae-be7 and the ,national ,integrated ,drought ,information ,system ,reauthorization ,act of #bjah 7,public ,law #aae-dbc71 the ,secretary1 in coordination with the ,administrator of the ,national ,oceanic and ,atmospheric ,administration 7referred to in this section as the ,administrator71 the ,chief of the ,natural ,resources ,conservation ,service1 the ,director of the ,united ,states ,geological ,survey1 and the ,commissioner of ,reclamation1 shall continue installation of a network of soil moisture and plains snowpack monitoring stations1 and modification of existing stations1 in the ,upper ,missouri ,river ,basin4 7#b7 ,requirements ,in carrying out installation and modification activities under paragraph 7#a71 the ,secretary-- 7,a7 may continue to enter into agreements1 including cooperative agreements1 with ,state mesonet programs for purposes of installing new stations or modifying existing stations2 7,b7 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 station2 and 7,c7 shall establish1 in consultation with the ,administrator1 requirements and standards for the installation of new stations and modification of existing stations to ensure seamless data integration into-- 7i7 the ,national ,mesonet ,program2 7ii7 the ,national ,coordinated ,soil ,moisture ,network2 and 7iii7 other relevant networks4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection1 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 ,basin1 #g1jjj1jjj for each of fiscal years #bjba through #bjbe4 7b7 ,soil moisture and snowpack monitoring pilot program 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 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 7a74 7#b7 ,requirements ,in establishing the pilot program under paragraph 7#a71 the ,administrator shall-- 7,a7 enter into agreements with ,state mesonet programs in the ,upper ,missouri ,river ,basin to acquire data generated by the network described in subsection 7a7 that-- 7i7 are similar to the agreements in effect as of the date of the enactment of this ,act with ,states under the ,national ,mesonet ,program2 and 7ii7 allow for sharing of data with other ,federal agencies and with institutions engaged in federally supported research1 including the ,united ,states ,drought ,monitor1 as appropriate and feasible2 7,b7 in coordination with the ,secretary1 the ,chief of the ,natural ,resources ,conservation ,service1 the ,director of the ,united ,states ,geological ,survey1 and the ,commissioner of ,reclamation1 gather data from the operation of the network to inform ongoing efforts of the ,national ,oceanic and ,atmospheric ,administration in support of-- 7i7 the ,national ,integrated ,drought ,information ,system1 including the ,national ,coordinated ,soil ,moisture ,network2 7ii7 the ,united ,states ,drought ,monitor2 7iii7 the ,national ,water ,model and other relevant national modeling efforts2 7iv7 validation1 verification1 and calibration of satellite-based1 in situ1 and other remote sensing activities and output products2 7v7 flood risk and water resources monitoring initiatives by the ,secretary and the ,commissioner2 and 7vi7 any other programs or initiatives the ,administrator considers appropriate2 7,c7 at the request of ,state mesonet programs1 or as the ,administrator considers appropriate1 provide technical assistance to such programs under the pilot program under paragraph 7#a7 to ensure proper data requirements2 and 7,d7 ensure an appropriate mechanism for quality control and quality assurance is employed for the data acquired under the pilot program1 such as the ,meteorological ,assimilation ,data ,ingest ,system4 7#c7 ,study required 7,a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,administrator shall initiate a study of the pilot program required by paragraph 7#a7 to evaluate the data generated by the network described in subsection 7a7 and the applications of that data to programs and initiatives described in paragraph 7#b77;,b74 7,b7 ,elements ,the study required by subparagraph 7,a7 shall include an assessment of-- 7i7 the contribution of the soil moisture1 snowpack1 and other relevant data generated by the network described in subsection 7a7 to weather1 subseasonal and seasonal1 and climate forecasting products on the local1 regional1 and national levels2 7ii7 the enhancements made to the ,national ,integrated ,drought ,information ,system1 the ,national ,water ,model1 and the ,united ,states ,drought ,monitor1 and other relevant national modeling efforts1 using data and derived data products generated by the network2 7iii7 the contribution of data generated by the network to remote sensing products and approaches2 7iv7 the viability of the ownership and operational structure of the network2 and 7v7 any other matters the ,administrator considers appropriate1 in coordination with the ,secretary1 the ,chief of the ,natural ,resources ,conservation ,service1 the ,director of the ,united ,states ,geological ,survey1 and the ,commissioner of ,reclamation4 7#d7 ,report required ,not later than #d years after the date of the enactment of this ,act1 the ,administrator shall submit to the appropriate congressional committees a report-- 7,a7 setting forth the findings of the study required by paragraph 7#c72 and 7,b7 making recommendations based on those findings to improve weather1 subseasonal1 seasonal1 and climate monitoring nationally4 7#e7 ,government accountability office audit 7,a7 ,in general ,not later than #fj days after the report required by paragraph 7#d7 is submitted1 the ,comptroller ,general of the ,united ,states shall initiate an audit to evaluate that report and determine whether-- 7i7 the ,administrator1 in conducting the pilot program under paragraph 7#a71 has utilized the relevant data generated by the network described in subsection 7a7 in the manner most beneficial to the programs and initiatives described in paragraph 7#b77;,b72 7ii7 the acquisition agreements entered into under paragraph 7#b77;,a7 with ,state mesonet programs fully comply with the requirements of that paragraph2 and 7iii7 the heads of other agencies1 including the ,secretary1 the ,chief of the ,natural ,resources ,conservation ,service1 the ,director of the ,united ,states ,geological ,survey1 and the ,commissioner of ,reclamation1 are utilizing the data generated by the network to better inform and improve the missions of those agencies4 7,b7 ,report required ,not later than #bgj days after initiating the audit required by subparagraph 7,a71 the ,comptroller ,general shall submit to the appropriate congressional committees a report setting forth the findings of the audit4 7#f7 ,appropriate congressional committees defined ,in this subsection1 the term appropriate congressional committees means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation1 the ,committee on ,environment and ,public ,works1 and the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,b7 the ,committee on ,transportation and ,infrastructure1 the ,committee on ,science1 ,space1 and ,technology1 and the ,committee on ,natural ,resources of the ,house of ,representatives4 #eab4 ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation 7a7 ,renaming the ,saint ,lawrence ,seaway ,development ,corporation ,the ,act of ,may #ac1 #aied 7#cc ,u4,s4,c4 #iha et seq47 is amended-- 7#a7 in section #a 7#cc ,u4,s4,c4 #iha71 by striking ,saint ,lawrence ,seaway ,development ,corporation and inserting ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation2 and 7#b7 in section #b7;b7 7#cc ,u4,s4,c4 #ihb7;b771 by striking ,saint ,lawrence ,seaway ,development ,corporation and inserting ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation4 7b7 ,references ,any reference to the ,saint ,lawrence ,seaway ,development ,corporation in any law1 regulation1 document1 record1 ,executive order1 or other paper of the ,united ,states shall be deemed to be a reference to the ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation4 7c7 ,technical and ,conforming amendments 7#a7 ,title #e ,section #ecae of title #e1 ,united ,states ,code1 is amended by striking ,saint ,lawrence ,seaway ,development ,corporation and inserting ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation4 7#b7 ,title #ah ,section #bbhb;,b of title #ah1 ,united ,states ,code1 is amended by striking ,saint ,lawrence ,seaway ,development ,corporation and inserting ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation4 7#c7 ,internal ,revenue ,code ,section #ieje7;a77#b7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #ieje7;a77#b77 is amended by striking ,saint ,lawrence ,seaway ,development ,corporation and inserting ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation4 7#d7 ,title #ca ,section #iaja7c77,k7 of title #ca1 ,united ,states ,code1 is amended by striking ,saint ,lawrence ,seaway ,development ,corporation and inserting ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation4 7#e7 ,water ,resources ,development ,act of #aihf ,the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbaa et seq47 is amended-- 7,a7 in section #bjf 7#cc ,u4,s4,c4 #bbcd71 by striking ,saint ,lawrence ,seaway ,development ,corporation and inserting ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation2 7,b7 in section #baj7;a77#a7 7#cc ,u4,s4,c4 #bbch7;a77#a771 by striking ,saint ,lawrence ,seaway ,development ,corporation and inserting ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation2 7,c7 in section #bad7b77;,b7 7#cc ,u4,s4,c4 #bbda7b77;,b771 by striking ,saint ,lawrence ,seaway ,development ,corporation and inserting ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation2 and 7,d7 in section #aacb7;b7 7#cc ,u4,s4,c4 #bcji7;b771 by striking ,saint ,lawrence ,seaway ,development ,corporation and inserting ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation each place it appears4 7#f7 ,title #df ,title #df1 ,united ,states ,code1 is amended-- 7,a7 in section #baji1 by striking ,saint ,lawrence ,seaway ,development ,corporation and inserting ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation2 7,b7 in section #hajc7;g71 by striking ,saint ,lawrence ,seaway ,development ,corporation and inserting ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation2 7,c7 in section #hejc7;c71 by striking ,saint ,lawrence ,seaway ,development ,corporation and inserting ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation2 7,d7 in section #eeaab7;a77#c71 by striking ,st4 ,lawrence ,seaway ,development ,corporation and inserting ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation2 7,e7 in section #eecca7c71 by striking ,saint ,lawrence ,seaway ,development ,corporation and inserting ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation2 and 7,f7 in section #gjjcb1 by striking ,saint ,lawrence ,seaway ,development ,corporation and inserting ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation each place it appears4 7#g7 ,title #di 7,a7 ,in general ,title #di1 ,united ,states ,code1 is amended-- 7i7 in section #aaj-- 7,i7 in the heading1 by striking ,saint ,lawrence ,seaway ,development ,corporation and inserting ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation2 and 7,,ii7 in subsection 7a71 by striking ,saint ,lawrence ,seaway ,development ,corporation and inserting ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation2 and 7ii7 in section #fcad7;c77#b77;,g71 by striking ,saint ,lawrence ,seaway ,development ,corporation and inserting ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation4 7,b7 ,table of sections ,the table of sections for chapter #a of subtitle ,i of title #di1 ,united ,states ,code1 is amended by amending the item relating to section #aaj to read as follows3 #aaj4 ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation4 4 ,,bb ,private ,health ,insurance and ,public ,health ,provisions #a4 ,table of contents ,the table of contents of the division is as follows3 ,division ,,bb--,private ,health ,insurance and ,public ,health ,provisions ,sec4 #a4 ,table of contents4 ,title ,i--,no ,surprises ,act ,sec4 #aja4 ,short title4 ,sec4 #ajb4 ,health insurance requirements regarding surprise medical billing4 ,sec4 #ajc4 ,determination of out-of-network rates to be paid by health plans2 ,independent dispute resolution process4 ,sec4 #ajd4 ,health care provider requirements regarding surprise medical billing4 ,sec4 #aje4 ,ending surprise air ambulance bills4 ,sec4 #ajf4 ,reporting requirements regarding air ambulance services4 ,sec4 #ajg4 ,transparency regarding in-network and out-of-network deductibles and out-of-pocket limitations4 ,sec4 #ajh4 ,implementing protections against provider discrimination4 ,sec4 #aji4 ,reports4 ,sec4 #aaj4 ,consumer protections through application of health plan external review in cases of certain surprise medical bills4 ,sec4 #aaa4 ,consumer protections through health plan requirement for fair and honest advance cost estimate4 ,sec4 #aab4 ,patient protections through transparency and patient-provider dispute resolution4 ,sec4 #aac4 ,ensuring continuity of care4 ,sec4 #aad4 ,maintenance of price comparison tool4 ,sec4 #aae4 ,state ,all ,payer ,claims ,databases4 ,sec4 #aaf4 ,protecting patients and improving the accuracy of provider directory information4 ,sec4 #aag4 ,advisory committee on ground ambulance and patient billing4 ,sec4 #aah4 ,implementation funding4 ,title ,,ii--,transparency ,sec4 #bja4 ,increasing transparency by removing gag clauses on price and quality information4 ,sec4 #bjb4 ,disclosure of direct and indirect compensation for brokers and consultants to employer-sponsored health plans and enrollees in plans on the individual market4 ,sec4 #bjc4 ,strengthening parity in mental health and substance use disorder benefits4 ,sec4 #bjd4 ,reporting on pharmacy benefits and drug costs4 ,title ,,iii--,public ,health ,provisions ,subtitle ,a--,extenders ,provisions ,sec4 #cja4 ,extension for community health centers1 the ,national ,health ,service ,corps1 and teaching health centers that operate ,,gme programs4 ,sec4 #cjb4 ,diabetes programs4 ,subtitle ,b--,strengthening public health ,sec4 #caa4 ,improving awareness of disease prevention4 ,sec4 #cab4 ,guide on evidence-based strategies for public health department obesity prevention programs4 ,sec4 #cac4 ,expanding capacity for health outcomes4 ,sec4 #cad4 ,public health data system modernization4 ,sec4 #cae4 ,native ,american suicide prevention4 ,sec4 #caf4 ,reauthorization of the ,young ,women's ,breast ,health ,education and ,awareness ,requires ,learning ,young ,act of #bjji4 ,sec4 #cag4 ,reauthorization of school-based health centers4 ,subtitle ,c--,,fda amendments ,sec4 #cba4 ,rare pediatric disease priority review voucher extension4 ,sec4 #cbb4 ,conditions of use for biosimilar biological products4 ,sec4 #cbc4 ,orphan drug clarification4 ,sec4 #cbd4 ,modernizing the labeling of certain generic drugs4 ,sec4 #cbe4 ,biological product patent transparency4 ,subtitle ,d--,technical corrections ,sec4 #cca4 ,technical corrections4 ,i ,no ,surprises ,act #aja4 ,short title ,this title may be cited as the ,no ,surprises ,act4 #ajb4 ,health insurance requirements regarding surprise medical billing 7a7 ,public health service act amendments 7#a7 ,in general ,title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg et seq47 is amended by adding at the end the following new part3 ,d ,additional ,coverage ,provisions #bgii;,a-#a4 ,preventing surprise medical bills 7a7 ,coverage of emergency services 7#a7 ,in general ,if a group health plan1 or a health insurance issuer offering group or individual health insurance coverage1 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 7as defined in paragraph 7#c77;,d771 the plan or issuer shall cover emergency services 7as defined in paragraph 7#c77;,c77-- 7,a7 without the need for any prior authorization determination2 7,b7 whether the health care provider furnishing such services is a participating provider or a participating emergency facility1 as applicable1 with respect to such services2 7,c7 in a manner so that1 if such services are provided to a participant1 beneficiary1 or enrollee by a nonparticipating provider or a nonparticipating emergency facility-- 7i7 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 coverage1 respectively2 7ii7 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 facility2 7iii7 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 7as defined in paragraph 7#c77;,h77 for such services1 plan or coverage1 and year2 7iv7 the group health plan or health insurance issuer1 respectively-- 7,i7 not later than #cj calendar days after the bill for such services is transmitted by such provider or facility1 sends to the provider or facility1 as applicable1 an initial payment or notice of denial of payment2 and 7,,ii7 pays a total plan or coverage payment directly to such provider or facility1 respectively 7in accordance1 if applicable1 with the timing requirement described in subsection 7c77#f77 that is1 with application of any initial payment under subclause 7,i71 equal to the amount by which the out-of-network rate 7as defined in paragraph 7#c77,k77 for such services exceeds the cost-sharing amount for such services 7as determined in accordance with clauses 7ii7 and 7iii77 and year2 and 7v7 any cost-sharing payments made by the participant1 beneficiary1 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 coverage1 respectively 7and such in-network deductible and out-of-pocket maximums shall be applied7 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 facility2 and 7,d7 without regard to any other term or condition of such coverage 7other than exclusion or coordination of benefits1 or an affiliation or waiting period1 permitted under section #bgjd of this ,act1 including as incorporated pursuant to section #gae of the ,employee ,retirement ,income ,security ,act of #aigd and section #ihae of the ,internal ,revenue ,code of #aihf1 and other than applicable cost-sharing74 7#b7 ,audit process and regulations for qualifying payment amounts 7,a7 ,audit process 7i7 ,in general ,not later than ,october #a1 #bjba1 the ,secretary1 in consultation with the ,secretary of ,labor and the ,secretary of the ,treasury1 shall establish through rulemaking a process1 in accordance with clause 7ii71 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-- 7,i7 such plans and coverage are in compliance with the requirement of applying a qualifying payment amount under this section2 and 7,,ii7 such qualifying payment amount so applied satisfies the definition under paragraph 7#c77;,e7 with respect to the year involved1 including with respect to a group health plan or health insurance issuer described in clause 7ii7 of such paragraph 7#c77;,e74 7ii7 ,audit samples ,under the process established pursuant to clause 7i71 the ,secretary-- 7,i7 shall conduct audits described in such clause1 with respect to a year 7beginning with #bjbb71 of a sample with respect to such year of claims data from not more than #be group health plans and health insurance issuers offering group or individual health insurance coverage2 and 7,,ii7 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 coverage1 respectively1 that involves the compliance of the plan or coverage1 respectively1 with either of the requirements described in subclauses 7,i7 and 7,,ii7 of such clause4 7iii7 ,reports ,beginning for #bjbb1 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 subparagraph4 7,b7 ,rulemaking ,not later than ,july #a1 #bjba1 the ,secretary1 in consultation with the ,secretary of ,labor and the ,secretary of the ,treasury1 shall establish through rulemaking-- 7i7 the methodology the group health plan or health insurance issuer offering group or individual health insurance coverage shall use to determine the qualifying payment amount1 differentiating by individual market1 large group market1 and small group market2 7ii7 the information such plan or issuer1 respectively1 shall share with the nonparticipating provider or nonparticipating facility1 as applicable1 when making such a determination2 7iii7 the geographic regions applied for purposes of this subparagraph1 taking into account access to items and services in rural and underserved areas1 including health professional shortage areas1 as defined in section #ccb2 and 7iv7 a process to receive complaints of violations of the requirements described in subclauses 7,i7 and 7,,ii7 of subparagraph 7,a77i7 by group health plans and health insurance issuers offering group or individual health insurance coverage4 ,such rulemaking shall take into account payments that are made by such plan or issuer1 respectively1 that are not on a fee-for-service basis4 ,such methodology may account for relevant payment adjustments that take into account quality or facility type 7including higher acuity settings and the case-mix of various facility types7 that are otherwise taken into account for purposes of determining payment amounts with respect to participating facilities4 ,in carrying out clause 7iii71 the ,secretary shall consult with the ,national ,association of ,insurance ,commissioners to establish the geographic regions under such clause and shall periodically update such regions1 as appropriate1 taking into account the findings of the report submitted under section #aji7;a7 of the ,no ,surprises ,act4 7#c7 ,definitions ,in this part and part ,e3 7,a7 ,emergency department of a hospital ,the term emergency department of a hospital includes a hospital outpatient department that provides emergency services 7as defined in subparagraph 7,c77i774 7,b7 ,emergency medical condition ,the term emergency medical condition means a medical condition manifesting itself by acute symptoms of sufficient severity 7including severe pain7 such that a prudent layperson1 who possesses an average knowledge of health and medicine1 could reasonably expect the absence of immediate medical attention to result in a condition described in clause 7i71 7ii71 or 7iii7 of section #ahfg7;e77#a77;,a7 of the ,social ,security ,act4 7,c7 ,emergency services 7i7 ,in general ,the term emergency services1 with respect to an emergency medical condition1 means-- 7,i7 a medical screening examination 7as required under section #ahfg of the ,social ,security ,act1 or as would be required under such section if such section applied to an independent freestanding emergency department7 that is within the capability of the emergency department of a hospital or of an independent freestanding emergency department1 as applicable1 including ancillary services routinely available to the emergency department to evaluate such emergency medical condition2 and 7,,ii7 within the capabilities of the staff and facilities available at the hospital or the independent freestanding emergency department1 as applicable1 such further medical examination and treatment as are required under section #ahfg of such ,act1 or as would be required under such section if such section applied to an independent freestanding emergency department1 to stabilize the patient 7regardless of the department of the hospital in which such further examination or treatment is furnished74 7ii7 ,inclusion of additional services 7,i7 ,in general ,for purposes of this subsection and section #bgii;,b-#a1 in the case of a participant1 beneficiary1 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 7i7 with respect to an emergency medical condition1 the term emergency services shall include1 unless each of the conditions described in subclause 7,,ii7 are met1 in addition to the items and services described in clause 7i71 items and services-- 7aa7 for which benefits are provided or covered under the plan or coverage1 respectively2 and 7bb7 that are furnished by a nonparticipating provider or nonparticipating emergency facility 7regardless of the department of the hospital in which such items or services are furnished7 after the participant1 beneficiary1 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 7i7 are furnished4 7,,ii7 ,conditions ,for purposes of subclause 7,i71 the conditions described in this subclause1 with respect to a participant1 beneficiary1 or enrollee who is stabilized and furnished additional items and services described in subclause 7,i7 after such stabilization by a provider or facility described in subclause 7,i71 are the following2 7aa7 ,such provider or facility determines such individual is able to travel using nonmedical transportation or nonemergency medical transportation4 7bb7 ,such provider furnishing such additional items and services satisfies the notice and consent criteria of section #bgii;,b-#b7;d7 with respect to such items and services4 7cc7 ,such individual is in a condition to receive 7as determined in accordance with guidelines issued by the ,secretary pursuant to rulemaking7 the information described in section #bgii;,b-#b and to provide informed consent under such section1 in accordance with applicable ,state law4 7dd7 ,such other conditions1 as specified by the ,secretary1 such as conditions relating to coordinating care transitions to participating providers and facilities4 7,d7 ,independent freestanding emergency department ,the term independent freestanding emergency department means a health care facility that-- 7i7 is geographically separate and distinct and licensed separately from a hospital under applicable ,state law2 and 7ii7 provides any of the emergency services 7as defined in subparagraph 7,c77i774 7,e7 ,qualifying payment amount 7i7 ,in general ,the term qualifying payment amount means1 subject to clauses 7ii7 and 7iii71 with respect to a sponsor of a group health plan and health insurance issuer offering group or individual health insurance coverage-- 7,i7 for an item or service furnished during #bjbb1 the median of the contracted rates recognized by the plan or issuer1 respectively 7determined 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 7specified in subclause 7,i71 7,,ii71 7,,iii71 or 7,,iv7 of clause 7iv77 as the plan or coverage7 as the total maximum payment 7including the cost-sharing amount imposed for such item or service and the amount to be paid by the plan or issuer1 respectively7 under such plans or coverage1 respectively1 on ,january #ca1 #bjai1 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 furnished1 consistent with the methodology established by the ,secretary under paragraph 7#b77;,b71 increased by the percentage increase in the consumer price index for all urban consumers 7,united ,states city average7 over #bjai1 such percentage increase over #bjbj1 and such percentage increase over #bjba2 and 7,,ii7 for an item or service furnished during #bjbc or a subsequent year1 the qualifying payment amount determined under this clause for such an item or service furnished in the previous year1 increased by the percentage increase in the consumer price index for all urban consumers 7,united ,states city average7 over such previous year4 7ii7 ,new plans and coverage ,the term qualifying payment amount means1 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 issuer1 respectively1 did not offer any group health plan or health insurance coverage during #bjai-- 7,i7 for the first year in which such group health plan1 group health insurance coverage1 or individual health insurance coverage1 respectively1 is offered in such region1 a rate 7determined in accordance with a methodology established by the ,secretary7 for items and services that are covered by such plan or coverage and furnished during such first year2 and 7,,ii7 for each subsequent year such group health plan1 group health insurance coverage1 or individual health insurance coverage1 respectively1 is offered in such region1 the qualifying payment amount determined under this clause for such items and services furnished in the previous year1 increased by the percentage increase in the consumer price index for all urban consumers 7,united ,states city average7 over such previous year4 7iii7 ,insufficient information2 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 7i77,i7 in #bjai 7or1 in the case of a newly covered item or service 7as defined in clause 7v77,,iii771 in the first coverage year 7as defined in clause 7v77,i77 for such item or service with respect to such plan or coverage7 for an item or service 7including with respect to provider type1 or amount1 of claims for items or services 7as determined by the ,secretary7 provided in a particular geographic region 7other than in a case with respect to which clause 7ii7 applies77 the term qualifying payment amount-- 7,i7 for an item or service furnished during #bjbb 7or1 in the case of a newly covered item or service1 during the first coverage year for such item or service with respect to such plan or coverage71 means such rate for such item or service determined by the sponsor or issuer1 respectively1 through use of any database that is determined1 in accordance with rulemaking described in paragraph 7#b77;,b71 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 7such as a ,state all-payer claims database72 7,,ii7 for an item or service furnished in a subsequent year 7before the first sufficient information year 7as defined in clause 7v77,,ii77 for such item or service with respect to such plan or coverage71 means the rate determined under subclause 7,i7 or this subclause1 as applicable1 for such item or service for the year previous to such subsequent year1 increased by the percentage increase in the consumer price index for all urban consumers 7,united ,states city average7 over such previous year2 7,,iii7 for an item or service furnished in the first sufficient information year for such item or service with respect to such plan or coverage1 has the meaning given the term qualifying payment amount in clause 7i77,i71 except that in applying such clause to such item or service1 the reference to furnished during #bjbb shall be treated as a reference to furnished during such first sufficient information year1 the reference to in #bjai shall be treated as a reference to such sufficient information year1 and the increase described in such clause shall not be applied2 and 7,,iv7 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 coverage1 has the meaning given such term in clause 7i77,,ii71 except that in applying such clause to such item or service1 the reference to furnished during #bjbc or a subsequent year shall be treated as a reference to furnished during the year after such first sufficient information year or a subsequent year4 7iv7 ,insurance market ,for purposes of clause 7i77,i71 a health insurance market specified in this clause is one of the following3 7,i7 ,the individual market4 7,,ii7 ,the large group market 7other than plans described in subclause 7,,iv774 7,,iii7 ,the small group market 7other than plans described in subclause 7,,iv774 7,,iv7 ,in the case of a self-insured group health plan1 other self-insured group health plans4 7v7 ,definitions ,for purposes of this subparagraph3 7,i7 ,first coverage year ,the term first coverage year means1 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 in #bjai under such plan or coverage1 the first year after #bjai for which coverage for such item or service is offered under such plan or health insurance coverage4 7,,ii7 ,first sufficient information year ,the term first sufficient information year means1 with respect to a group health plan or group or individual health insurance coverage offered by a health insurance issuer-- 7aa7 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 7i77,i7 in #bjai1 the first year subsequent to #bjbb 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 year2 and 7bb7 in the case of a newly covered item or service1 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 7i77,i7 in the year previous to such first subsequent year4 7,,iii7 ,newly covered item or service ,the term newly covered item or service means1 with respect to a group health plan or group or individual health insurance issuer offering health insurance coverage1 an item or service for which coverage was not offered in #bjai under such plan or coverage1 but is offered under such plan or coverage in a year after #bjai4 7,f7 ,nonparticipating emergency facility2 participating emergency facility 7i7 ,nonparticipating emergency facility ,the term nonparticipating emergency facility means1 with respect to an item or service and a group health plan or group or individual health insurance coverage offered by a health insurance issuer1 an emergency department of a hospital1 or an independent freestanding emergency department1 that does not have a contractual relationship directly or indirectly with the plan or issuer1 respectively1 for furnishing such item or service under the plan or coverage1 respectively4 7ii7 ,participating emergency facility ,the term participating emergency facility means1 with respect to an item or service and a group health plan or group or individual health insurance coverage offered by a health insurance issuer1 an emergency department of a hospital1 or an independent freestanding emergency department1 that has a contractual relationship directly or indirectly with the plan or issuer1 respectively1 with respect to the furnishing of such an item or service at such facility4 7,g7 ,nonparticipating providers2 participating providers 7i7 ,nonparticipating provider ,the term nonparticipating provider means1 with respect to an item or service and a group health plan or group or individual health insurance coverage offered by a health insurance issuer1 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 issuer1 respectively1 for furnishing such item or service under the plan or coverage1 respectively4 7ii7 ,participating provider ,the term participating provider means1 with respect to an item or service and a group health plan or group or individual health insurance coverage offered by a health insurance issuer1 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 issuer1 respectively1 for furnishing such item or service under the plan or coverage1 respectively4 7,h7 ,recognized amount ,the term recognized amount means1 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-- 7i7 subject to clause 7iii71 in the case of such item or service furnished in a ,state that has in effect a specified ,state law with respect to such plan1 coverage1 or issuer1 respectively2 such a nonparticipating provider or nonparticipating emergency facility2 and such an item or service1 the amount determined in accordance with such law2 7ii7 subject to clause 7iii71 in the case of such item or service furnished in a ,state that does not have in effect a specified ,state law1 with respect to such plan1 coverage1 or issuer1 respectively2 such a nonparticipating provider or nonparticipating emergency facility2 and such an item or service1 the amount that is the qualifying payment amount 7as defined in subparagraph 7,e77 for such year and determined in accordance with rulemaking described in paragraph 7#b77;,b77 for such item or service2 or 7iii7 in the case of such item or service furnished in a ,state with an ,all-,payer ,model ,agreement under section #aaae;,a of the ,social ,security ,act1 the amount that the ,state approves under such system for such item or service so furnished4 7,i7 ,specified ,state law ,the term specified ,state law means1 with respect to a ,state1 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 issuer1 a ,state law that provides for a method for determining the total amount payable under such a plan1 coverage1 or issuer1 respectively 7to the extent such ,state law applies to such plan1 coverage1 or issuer1 subject to section #ead of the ,employee ,retirement ,income ,security ,act of #aigd7 in the case of a participant1 beneficiary1 or enrollee covered under such plan or coverage and receiving such item or service from such a nonparticipating provider or nonparticipating emergency facility4 7,j7 ,stabilize ,the term to stabilize1 with respect to an emergency medical condition 7as defined in subparagraph 7,b771 has the meaning give in section #ahfg7;e77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;dd7e77#c774 7,k7 ,out-of-network rate ,the term out-of-network rate means1 with respect to an item or service furnished in a ,state during a year to a participant1 beneficiary1 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-- 7i7 subject to clause 7iii71 in the case of such item or service furnished in a ,state that has in effect a specified ,state law with respect to such plan1 coverage1 or issuer1 respectively2 such a nonparticipating provider or nonparticipating emergency facility2 and such an item or service1 the amount determined in accordance with such law2 7ii7 subject to clause 7iii71 in the case such ,state does not have in effect such a law with respect to such item or service1 plan1 and provider or facility-- 7,i7 subject to subclause 7,,ii71 if the provider or facility 7as applicable7 and such plan or coverage agree on an amount of payment 7including if such agreed on amount is the initial payment sent by the plan under subsection 7a77#a77;,c77iv77,i71subsection 7b77#a77;,c71 or section #bgii;,a-#b7;a77#c77;,a71 as applicable1 or is agreed on through open negotiations under subsection 7c77#a77 with respect to such item or service1 such agreed on amount2 or 7,,ii7 if such provider or facility 7as applicable7 and such plan or coverage enter the independent dispute resolution process under subsection 7c7 and do not so agree before the date on which a certified ,,idr entity 7as defined in paragraph 7#d7 of such subsection7 makes a determination with respect to such item or service under such subsection1 the amount of such determination2 or 7iii7 in the case such ,state has an ,all-,payer ,model ,agreement under section #aaae;,a of the ,social ,security ,act1 the amount that the ,state approves under such system for such item or service so furnished4 7,l7 ,cost-sharing ,the term cost-sharing includes copayments1 coinsurance1 and deductibles4 7b7 ,coverage of non-emergency services performed by nonparticipating providers at certain participating facilities 7#a7 ,in general ,in the case of items or services 7other than emergency services to which subsection 7a7 applies7 for 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 participant1 beneficiary1 or enrollee of such plan or coverage by a nonparticipating provider 7as defined in subsection 7a77#c77;,g77i77 7and who1 with respect to such items and services1 has not satisfied the notice and consent criteria of section #bgii;,b-#b7;d77 with respect to a visit 7as defined by the ,secretary in accordance with paragraph 7#b77;,b77 at a participating health care facility 7as defined in paragraph 7#b77;,a771 with respect to such plan or coverage1 respectively1 the plan or coverage1 respectively-- 7,a7 shall not impose on such participant1 beneficiary1 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 coverage1 respectively1 had such items or services been furnished by a participating provider 7as defined in subsection 7a77#c77;,g77ii772 7,b7 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 7as defined in subsection 7a77#c77;,h77 for such items and services1 plan or coverage1 and year2 7,c7 not later than #cj calendar days after the bill for such services is transmitted by such provider1 shall send to the provider an initial payment or notice of denial of payment2 7,d7 shall pay a total plan or coverage payment directly1 in accordance1 if applicable1with the timing requirement described in subsection 7c77#f71 to such provider furnishing such items and services to such participant1 beneficiary1 or enrollee that is1 with application of any initial payment under subparagraph 7,c71 equal to the amount by which the out-of-network rate 7as defined in subsection 7a77#c77,k77 for such items and services involved exceeds the cost-sharing amount imposed under the plan or coverage1 respectively1 for such items and services 7as determined in accordance with subparagraphs 7,a7 and 7,b77 and year2 and 7,e7 shall count toward any in-network deductible and in-network out-of-pocket maximums 7as applicable7 applied under the plan or coverage1 respectively1 any cost-sharing payments made by the participant1 beneficiary1 or enrollee 7and such in-network deductible and out-of-pocket maximums shall be applied7 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 provider4 7#b7 ,definitions ,in this section3 7,a7 ,participating health care facility 7i7 ,in general ,the term participating health care facility means1 with respect to an item or service and a group health plan or health insurance issuer offering group or individual health insurance coverage1 a health care facility described in clause 7ii7 that has a direct or indirect contractual relationship with the plan or issuer1 respectively1 with respect to the furnishing of such an item or service at the facility4 7ii7 ,health care facility described ,a health care facility described in this clause1 with respect to a group health plan or group or individual health insurance coverage1 is each of the following3 7,i7 ,a hospital 7as defined in #ahfa7;e7 of the ,social ,security ,act74 7,,ii7 ,a hospital outpatient department4 7,,iii7 ,a critical access hospital 7as defined in section #ahfa7mm77#a7 of such ,act74 7,,iv7 ,an ambulatory surgical center described in section #ahcc7;i77#a77;,a7 of such ,act4 7,v7 ,any other facility1 specified by the ,secretary1 that provides items or services for which coverage is provided under the plan or coverage1 respectively4 7,b7 ,visit ,the term visit shall1 with respect to items and services furnished to an individual at a health care facility1 include equipment and devices1 telemedicine services1 imaging services1 laboratory services1 preoperative and postoperative services1 and such other items and services as the ,secretary may specify1 regardless of whether or not the provider furnishing such items or services is at the facility4 7c7 ,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 that1 pursuant to subsection 7a77#c77;,e77iii71 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 service1 such sponsor or issuer shall cover the cost for access to such database4 4 7#b7 ,transfer amendment ,part ,d of title ,,xxvii of the ,public ,health ,service ,act1 as added by paragraph 7#a71 is amended by adding at the end the following new section3 #bgii;,a-#g4 ,other patient protections 7a7 ,choice of ,health ,care ,professional ,if a group health plan1 or a health insurance issuer offering group or individual health insurance coverage1 requires or provides for designation by a participant1 beneficiary1 or enrollee of a participating primary care provider1 then the plan or issuer shall permit each participant1 beneficiary1 and enrollee to designate any participating primary care provider who is available to accept such individual4 7b7 ,access to ,pediatric ,care 7#a7 ,pediatric care ,in the case of a person who has a child who is a participant1 beneficiary1 or enrollee under a group health plan1 or group or individual health insurance coverage offered by a health insurance issuer1 if the plan or issuer requires or provides for the designation of a participating primary care provider for the child1 the plan or issuer shall permit such person to designate a physician 7allopathic or osteopathic7 who specializes in pediatrics as the child's primary care provider if such provider participates in the network of the plan or issuer4 7#b7 ,construction ,nothing in paragraph 7#a7 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 care4 7c7 ,patient ,access to ,obstetrical and ,gynecological ,care 7#a7 ,general rights 7,a7 ,direct access ,a group health plan1 or health insurance issuer offering group or individual health insurance coverage1 described in paragraph 7#b7 may not require authorization or referral by the plan1 issuer1 or any person 7including a primary care provider described in paragraph 7#b77;,b77 in the case of a female participant1 beneficiary1 or enrollee who seeks coverage for obstetrical or gynecological care provided by a participating health care professional who specializes in obstetrics or gynecology4 ,such professional shall agree to otherwise adhere to such plan's or issuer's policies and procedures1 including procedures regarding referrals and obtaining prior authorization and providing services pursuant to a treatment plan 7if any7 approved by the plan or issuer4 7,b7 ,obstetrical and gynecological care ,a group health plan or health insurance issuer described in paragraph 7#b7 shall treat the provision of obstetrical and gynecological care1 and the ordering of related obstetrical and gynecological items and services1 pursuant to the direct access described under subparagraph 7,a71 by a participating health care professional who specializes in obstetrics or gynecology as the authorization of the primary care provider4 7#b7 ,application of paragraph ,a group health plan1 or health insurance issuer offering group or individual health insurance coverage1 described in this paragraph is a group health plan or health insurance coverage that-- 7,a7 provides coverage for obstetric or gynecologic care2 and 7,b7 requires the designation by a participant1 beneficiary1 or enrollee of a participating primary care provider4 7#c7 ,construction ,nothing in paragraph 7#a7 shall be construed to-- 7,a7 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 care2 or 7,b7 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 decisions4 4 7#c7 ,conforming amendments 7,a7 ,section #bgai;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ai;a7 is amended by adding at the end the following new subsection3 7e7 ,application ,the provisions of this section shall not apply with respect to a group health plan1 health insurance issuers1 or group or individual health insurance coverage with respect to plan years beginning on or on ,january #a1 #bjbb4 4 7,b7 ,section #bgbb of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ba7 is amended-- 7i7 in subsection 7a77#a71 by inserting and part ,d after subparts #a and #b2 7ii7 in subsection 7b71 by inserting and part ,d after subparts #a and #b2 7iii7 in subsection 7c77#a71 by inserting and part ,d after subparts #a and #b2 7iv7 in subsection 7c77#b71 by inserting and part ,d after subparts #a and #b2 7v7 in subsection 7c77#c71 by inserting and part ,d after this part2 and 7vi7 in subsection 7d71 in the matter preceding paragraph 7#a71 by inserting and part ,d after this part4 7,c7 ,section #bgbc of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#bb7 is amended-- 7i7 in subsection 7a77#a71 by inserting and part ,d after this part2 7ii7 in subsection 7a77#b71 by inserting or part ,d after this part2 7iii7 in subsection 7b77#a71 by inserting or part ,d after this part2 7iv7 in subsection 7b77#b77;,a71 by inserting or part ,d after this part2 and 7v7 in subsection 7b77#b77;,c77ii71 by inserting and part ,d after this part4 7,d7 ,section #bgbd of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#bc7 is amended-- 7i7 in subsection 7a77#a7-- 7,i7 by striking this part and part ,c insofar as it relates to this part and inserting this part1 part ,d1 and part ,c insofar as it relates to this part or part ,d2 and 7,,ii7 by inserting or part ,d after requirement of this part2 7ii7 in subsection 7a77#b71 by inserting or part ,d after this part2 and 7iii7 in subsection 7c71 by inserting or part ,d after this part 7other than section #bgjd74 7b7 ,,erisa amendments 7#a7 ,in general ,subpart ,b of part #g of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aahe et seq47 is amended by adding at the end the following3 #gaf4 ,preventing surprise medical bills 7a7 ,coverage of emergency services 7#a7 ,in general ,if a group health plan1 or a health insurance issuer offering group health insurance coverage1 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 7as defined in paragraph 7#c77;,d771 the plan or issuer shall cover emergency services 7as defined in paragraph 7#c77;,c77-- 7,a7 without the need for any prior authorization determination2 7,b7 whether the health care provider furnishing such services is a participating provider or a participating emergency facility1 as applicable1 with respect to such services2 7,c7 in a manner so that1 if such services are provided to a participant or beneficiary by a nonparticipating provider or a nonparticipating emergency facility-- 7i7 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 coverage1 respectively2 7ii7 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 facility2 7iii7 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 7as defined in paragraph 7#c77;,h77 for such services1 plan or coverage1 and year2 7iv7 the group health plan or health insurance issuer1 respectively-- 7,i7 not later than #cj calendar days after the bill for such services is transmitted by such provider or facility1 sends to the provider or facility1 as applicable1 an initial payment or notice of denial of payment2 and 7,,ii7 pays a total plan or coverage payment directly to such provider or facility1 respectively 7in accordance1 if applicable1 with the timing requirement described in subsection 7c77#f77 that is1 with application of any initial payment under subclause 7,i71 equal to the amount by which the out-of-network rate 7as defined in paragraph 7#c77,k77 for such services exceeds the cost-sharing amount for such services 7as determined in accordance with clauses 7ii7 and 7iii77 and year2 and 7v7 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 coverage1 respectively 7and such in-network deductible and out-of-pocket maximums shall be applied7 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 facility2 and 7,d7 without regard to any other term or condition of such coverage 7other than exclusion or coordination of benefits1 or an affiliation or waiting period1 permitted under section #bgjd of the ,public ,health ,service ,act1 including as incorporated pursuant to section #gae of this ,act and section #ihae of the ,internal ,revenue ,code of #aihf1 and other than applicable cost-sharing74 7#b7 ,regulations for qualifying payment amounts ,not later than ,july #a1 #bjba1 the ,secretary1 in consultation with the ,secretary of the ,treasury and the ,secretary of ,health and ,human ,services1 shall establish through rulemaking-- 7,a7 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 amount1 differentiating by large group market1 and small group market2 7,b7 the information such plan or issuer1 respectively1 shall share with the nonparticipating provider or nonparticipating facility1 as applicable1 when making such a determination2 7,c7 the geographic regions applied for purposes of this subparagraph1 taking into account access to items and services in rural and underserved areas1 including health professional shortage areas1 as defined in section #ccb of the ,public ,health ,service ,act2 and 7,d7 a process to receive complaints of violations of the requirements described in subclauses 7,i7 and 7,,ii7 of subparagraph 7,a77i7 by group health plans and health insurance issuers offering health insurance coverage in the group market4 ,such rulemaking shall take into account payments that are made by such plan or issuer1 respectively1 that are not on a fee-for-service basis4 ,such methodology may account for relevant payment adjustments that take into account quality or facility type 7including higher acuity settings and the case-mix of various facility types7 that are otherwise taken into account for purposes of determining payment amounts with respect to participating facilities4 ,in carrying out clause 7iii71 the ,secretary shall consult with the ,national ,association of ,insurance ,commissioners to establish the geographic regions under such clause and shall periodically update such regions1 as appropriate1 taking into account the findings of the report submitted under section #aji7;a7 of the ,no ,surprises ,act4 7#c7 ,definitions ,in this subpart3 7,a7 ,emergency department of a hospital ,the term emergency department of a hospital includes a hospital outpatient department that provides emergency services 7as defined in subparagraph 7,c77i774 7,b7 ,emergency medical condition ,the term emergency medical condition means a medical condition manifesting itself by acute symptoms of sufficient severity 7including severe pain7 such that a prudent layperson1 who possesses an average knowledge of health and medicine1 could reasonably expect the absence of immediate medical attention to result in a condition described in clause 7i71 7ii71 or 7iii7 of section #ahfg7;e77#a77;,a7 of the ,social ,security ,act4 7,c7 ,emergency services 7i7 ,in general ,the term emergency services1 with respect to an emergency medical condition1 means-- 7,i7 a medical screening examination 7as required under section #ahfg of the ,social ,security ,act1 or as would be required under such section if such section applied to an independent freestanding emergency department7 that is within the capability of the emergency department of a hospital or of an independent freestanding emergency department1 as applicable1 including ancillary services routinely available to the emergency department to evaluate such emergency medical condition2 and 7,,ii7 within the capabilities of the staff and facilities available at the hospital or the independent freestanding emergency department1 as applicable1 such further medical examination and treatment as are required under section #ahfg of such ,act1 or as would be required under such section if such section applied to an independent freestanding emergency department1 to stabilize the patient 7regardless of the department of the hospital in which such further examination or treatment is furnished74 7ii7 ,inclusion of additional services 7,i7 ,in general ,for purposes of this subsection and section #bgii;,b-#a of the ,public ,health ,service ,act1 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 7i7 with respect to an emergency medical condition1 the term emergency services shall include1 unless each of the conditions described in subclause 7,,ii7 are met1 in addition to the items and services described in clause 7i71 items and services-- 7aa7 for which benefits are provided or covered under the plan or coverage1 respectively2 and 7bb7 that are furnished by a nonparticipating provider or nonparticipating emergency facility 7regardless of the department of the hospital in which such items or services are furnished7 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 7i7 are furnished4 7,,ii7 ,conditions ,for purposes of subclause 7,i71 the conditions described in this subclause1 with respect to a participant or beneficiary who is stabilized and furnished additional items and services described in subclause 7,i7 after such stabilization by a provider or facility described in subclause 7,i71 are the following2 7aa7 ,such provider or facility determines such individual is able to travel using nonmedical transportation or nonemergency medical transportation4 7bb7 ,such provider furnishing such additional items and services satisfies the notice and consent criteria of section #bgii;,b-#b7;d7 with respect to such items and services4 7cc7 ,such individual is in a condition to receive 7as determined in accordance with guidelines issued by the ,secretary pursuant to rulemaking7 the information described in section #bgii;,b-#b and to provide informed consent under such section1 in accordance with applicable ,state law4 7dd7 ,such other conditions1 as specified by the ,secretary1 such as conditions relating to coordinating care transitions to participating providers and facilities4 7,d7 ,independent freestanding emergency department ,the term independent freestanding emergency department means a health care facility that-- 7i7 is geographically separate and distinct and licensed separately from a hospital under applicable ,state law2 and 7ii7 provides any of the emergency services 7as defined in subparagraph 7,c77i774 7,e7 ,qualifying payment amount 7i7 ,in general ,the term qualifying payment amount means1 subject to clauses 7ii7 and 7iii71 with respect to a sponsor of a group health plan and health insurance issuer offering group health insurance coverage-- 7,i7 for an item or service furnished during #bjbb1 the median of the contracted rates recognized by the plan or issuer1 respectively 7determined 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 7specified in subclause 7,i71 7,,ii71 or 7,,iii7 of clause 7iv77 as the plan or coverage7 as the total maximum payment 7including the cost-sharing amount imposed for such item or service and the amount to be paid by the plan or issuer1 respectively7 under such plans or coverage1 respectively1 on ,january #ca1 #bjai1 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 furnished1 consistent with the methodology established by the ,secretary under paragraph 7#b71 increased by the percentage increase in the consumer price index for all urban consumers 7,united ,states city average7 over #bjai1 such percentage increase over #bjbj1 and such percentage increase over #bjba2 and 7,,ii7 for an item or service furnished during #bjbc or a subsequent year1 the qualifying payment amount determined under this clause for such an item or service furnished in the previous year1 increased by the percentage increase in the consumer price index for all urban consumers 7,united ,states city average7 over such previous year4 7ii7 ,new plans and coverage ,the term qualifying payment amount means1 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 issuer1 respectively1 did not offer any group health plan or health insurance coverage during #bjai-- 7,i7 for the first year in which such group health plan or health insurance coverage1 respectively1 is offered in such region1 a rate 7determined in accordance with a methodology established by the ,secretary7 for items and services that are covered by such plan and furnished during such first year2 and 7,,ii7 for each subsequent year such group health plan or health insurance coverage1 respectively1 is offered in such region1 the qualifying payment amount determined under this clause for such items and services furnished in the previous year1 increased by the percentage increase in the consumer price index for all urban consumers 7,united ,states city average7 over such previous year4 7iii7 ,insufficient information2 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 7i77,i7 in #bjai 7or1 in the case of a newly covered item or service 7as defined in clause 7v77,,iii771 in the first coverage year 7as defined in clause 7v77,i77 for such item or service with respect to such plan or coverage7 for an item or service 7including with respect to provider type1 or amount1 of claims for items or services 7as determined by the ,secretary7 provided in a particular geographic region 7other than in a case with respect to which clause 7ii7 applies77 the term qualifying payment amount-- 7,i7 for an item or service furnished during #bjbb 7or1 in the case of a newly covered item or service1 during the first coverage year for such item or service with respect to such plan or coverage71 means such rate for such item or service determined by the sponsor or issuer1 respectively1 through use of any database that is determined1 in accordance with rulemaking described in paragraph 7#b71 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 7such as a ,state all-payer claims database72 7,,ii7 for an item or service furnished in a subsequent year 7before the first sufficient information year 7as defined in clause 7v77,,ii77 for such item or service with respect to such plan or coverage71 means the rate determined under subclause 7,i7 or this subclause1 as applicable1 for such item or service for the year previous to such subsequent year1 increased by the percentage increase in the consumer price index for all urban consumers 7,united ,states city average7 over such previous year2 7,,iii7 for an item or service furnished in the first sufficient information year for such item or service with respect to such plan or coverage1 has the meaning given the term qualifying payment amount in clause 7i77,i71 except that in applying such clause to such item or service1 the reference to furnished during #bjbb shall be treated as a reference to furnished during such first sufficient information year1 the reference to in #bjai shall be treated as a reference to such sufficient information year1 and the increase described in such clause shall not be applied2 and 7,,iv7 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 coverage1 has the meaning given such term in clause 7i77,,ii71 except that in applying such clause to such item or service1 the reference to furnished during #bjbc or a subsequent year shall be treated as a reference to furnished during the year after such first sufficient information year or a subsequent year4 7iv7 ,insurance market ,for purposes of clause 7i77,i71 a health insurance market specified in this clause is one of the following3 7,i7 ,the large group market 7other than plans described in subclause 7,,iii774 7,,ii7 ,the small group market 7other than plans described in subclause 7,,iii774 7,,iii7 ,in the case of a self-insured group health plan1 other self-insured group health plans4 7v7 ,definitions ,for purposes of this subparagraph3 7,i7 ,first coverage year ,the term first coverage year means1 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 #bjai under such plan or coverage1 the first year after #bjai for which coverage for such item or service is offered under such plan or health insurance coverage4 7,,ii7 ,first sufficient information year ,the term first sufficient information year means1 with respect to a group health plan or group health insurance coverage offered by a health insurance issuer-- 7aa7 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 7i77,i7 in #bjai1 the first year subsequent to #bjbb 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 year2 and 7bb7 in the case of a newly covered item or service1 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 7i77,i7 in the year previous to such first subsequent year4 7,,iii7 ,newly covered item or service ,the term newly covered item or service means1 with respect to a group health plan or health insurance issuer offering group health insurance coverage1 an item or service for which coverage was not offered in #bjai under such plan or coverage1 but is offered under such plan or coverage in a year after #bjai4 7,f7 ,nonparticipating emergency facility2 participating emergency facility 7i7 ,nonparticipating emergency facility ,the term nonparticipating emergency facility means1 with respect to an item or service and a group health plan or group health insurance coverage offered by a health insurance issuer1 an emergency department of a hospital1 or an independent freestanding emergency department1 that does not have a contractual relationship directly or indirectly with the plan or issuer1 respectively1 for furnishing such item or service under the plan or coverage1 respectively4 7ii7 ,participating emergency facility ,the term participating emergency facility means1 with respect to an item or service and a group health plan or group health insurance coverage offered by a health insurance issuer1 an emergency department of a hospital1 or an independent freestanding emergency department1 that has a contractual relationship directly or indirectly with the plan or issuer1 respectively1 with respect to the furnishing of such an item or service at such facility4 7,g7 ,nonparticipating providers2 participating providers 7i7 ,nonparticipating provider ,the term nonparticipating provider means1 with respect to an item or service and a group health plan or group health insurance coverage offered by a health insurance issuer1 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 issuer1 respectively1 for furnishing such item or service under the plan or coverage1 respectively4 7ii7 ,participating provider ,the term participating provider means1 with respect to an item or service and a group health plan or group health insurance coverage offered by a health insurance issuer1 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 issuer1 respectively1 for furnishing such item or service under the plan or coverage1 respectively4 7,h7 ,recognized amount ,the term recognized amount means1 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-- 7i7 subject to clause 7iii71 in the case of such item or service furnished in a ,state that has in effect a specified ,state law with respect to such plan1 coverage1 or issuer1 respectively2 such a nonparticipating provider or nonparticipating emergency facility2 and such an item or service1 the amount determined in accordance with such law2 7ii7 subject to clause 7iii71 in the case of such item or service furnished in a ,state that does not have in effect a specified ,state law1 with respect to such plan1 coverage1 or issuer1 respectively2 such a nonparticipating provider or nonparticipating emergency facility2 and such an item or service1 the amount that is the qualifying payment amount 7as defined in subparagraph 7,e77 for such year and determined in accordance with rulemaking described in paragraph 7#b77 for such item or service2 or 7iii7 in the case of such item or service furnished in a ,state with an ,all-,payer ,model ,agreement under section #aaae;,a of the ,social ,security ,act1 the amount that the ,state approves under such system for such item or service so furnished4 7,i7 ,specified state law ,the term specified ,state law means1 with respect to a ,state1 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 issuer1 a ,state law that provides for a method for determining the total amount payable under such a plan1 coverage1 or issuer1 respectively 7to the extent such ,state law applies to such plan1 coverage1 or issuer1 subject to section #ead7 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 facility4 7,j7 ,stabilize ,the term to stabilize1 with respect to an emergency medical condition 7as defined in subparagraph 7,b771 has the meaning give in section #ahfg7;e77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;dd7e77#c774 7,k7 ,out-of-network rate ,the term out-of-network rate means1 with respect to an item or service furnished 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-- 7i7 subject to clause 7iii71 in the case of such item or service furnished in a ,state that has in effect a specified ,state law with respect to such plan1 coverage1 or issuer1 respectively2 such a nonparticipating provider or nonparticipating emergency facility2 and such an item or service1 the amount determined in accordance with such law2 7ii7 subject to clause 7iii71 in the case such ,state does not have in effect such a law with respect to such item or service1 plan1 and provider or facility-- 7,i7 subject to subclause 7,,ii71 if the provider or facility 7as applicable7 and such plan or coverage agree on an amount of payment 7including if such agreed on amount is the initial payment sent by the plan under subsection 7a77#a77;,c77iv77,i71 subsection 7b77#a77;,c71 or section #gag7;a77#c77;,a71 as applicable1 or is agreed on through open negotiations under subsection 7c77#a77 with respect to such item or service1 such agreed on amount2 or 7,,ii7 if such provider or facility 7as applicable7 and such plan or coverage enter the independent dispute resolution process under subsection 7c7 and do not so agree before the date on which a certified ,,idr entity 7as defined in paragraph 7#d7 of such subsection7 makes a determination with respect to such item or service under such subsection1 the amount of such determination2 or 7iii7 in the case such ,state has an ,all-,payer ,model ,agreement under section #aaae;,a of the ,social ,security ,act1 the amount that the ,state approves under such system for such item or service so furnished4 7,l7 ,cost-sharing ,the term cost-sharing includes copayments1 coinsurance1 and deductibles4 7b7 ,coverage of non-emergency services performed by nonparticipating providers at certain participating facilities 7#a7 ,in general ,in the case of items or services 7other than emergency services to which subsection 7a7 applies7 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 7as defined in subsection 7a77#c77;,g77i77 7and who1 with respect to such items and services1 has not satisfied the notice and consent criteria of section #bgii;,b-#b7;d7 of the ,public ,health ,service ,act7 with respect to a visit 7as defined by the ,secretary in accordance with paragraph 7#b77;,b77 at a participating health care facility 7as defined in paragraph 7#b77;,a771 with respect to such plan or coverage1 respectively1 the plan or coverage1 respectively-- 7,a7 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 or coverage1 respectively1 had such items or services been furnished by a participating provider 7as defined in subsection 7a77#c77;,g77ii772 7,b7 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 7as defined in subsection 7a77#c77;,h77 for such items and services1 plan or coverage1 and year2 7,c7 not later than #cj calendar days after the bill for such items or services is transmitted by such provider1 shall send to the provider an initial payment or notice of denial of payment2 7,d7 shall pay a total plan or coverage payment directly1 in accordance1 if applicable1 with the timing requirement described in subsection 7c77#f71 to such provider furnishing such items and services to such participant or beneficiary that is1 with application of any initial payment under subparagraph 7,c71 equal to the amount by which the out-of-network rate 7as defined in subsection 7a77#c77,k77 for such items and services exceeds the cost-sharing amount imposed under the plan or coverage1 respectively1 for such items and services 7as determined in accordance with subparagraphs 7,a7 and 7,b77 and year2 and 7,e7 shall count toward any in-network deductible and in-network out-of-pocket maximums 7as applicable7 applied under the plan or coverage1 respectively1 any cost-sharing payments made by the participant or beneficiary 7and such in-network deductible and out-of-pocket maximums shall be applied7 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 provider4 7#b7 ,definitions ,in this section3 7,a7 ,participating health care facility 7i7 ,in general ,the term participating health care facility means1 with respect to an item or service and a group health plan or health insurance issuer offering group health insurance coverage1 a health care facility described in clause 7ii7 that has a direct or indirect contractual relationship with the plan or issuer1 respectively1 with respect to the furnishing of such an item or service at the facility4 7ii7 ,health care facility described ,a health care facility described in this clause1 with respect to a group health plan or group health insurance coverage1 is each of the following3 7,i7 ,a hospital 7as defined in #ahfa7;e7 of the ,social ,security ,act74 7,,ii7 ,a hospital outpatient department4 7,,iii7 ,a critical access hospital 7as defined in section #ahfa7mm77#a7 of such ,act74 7,,iv7 ,an ambulatory surgical center described in section #ahcc7;i77#a77;,a7 of such ,act4 7,v7 ,any other facility1 specified by the ,secretary1 that provides items or services for which coverage is provided under the plan or coverage1 respectively4 7,b7 ,visit ,the term visit shall1 with respect to items and services furnished to an individual at a health care facility1 include equipment and devices1 telemedicine services1 imaging services1 laboratory services1 preoperative and postoperative services1 and such other items and services as the ,secretary may specify1 regardless of whether or not the provider furnishing such items or services is at the facility4 7c7 ,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 that1 pursuant to subsection 7a77#c77;,e77iii71 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 service1 such sponsor or issuer shall cover the cost for access to such database4 4 7#b7 ,transfer amendment ,subpart ,b of part #g of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aahe et seq471 as amended by paragraph 7#a71 is further amended by adding at the end the following3 #gbb4 ,other patient protections 7a7 ,choice of ,health ,care ,professional ,if a group health plan1 or a health insurance issuer offering group health insurance coverage1 requires or provides for designation by a participant or beneficiary of a participating primary care provider1 then the plan or issuer shall permit each participant and beneficiary to designate any participating primary care provider who is available to accept such individual4 7b7 ,access to ,pediatric ,care 7#a7 ,pediatric care ,in the case of a person who has a child who is a participant or beneficiary under a group health plan1 or group health insurance coverage offered by a health insurance issuer1 if the plan or issuer requires or provides for the designation of a participating primary care provider for the child1 the plan or issuer shall permit such person to designate a physician 7allopathic or osteopathic7 who specializes in pediatrics as the child's primary care provider if such provider participates in the network of the plan or issuer4 7#b7 ,construction ,nothing in paragraph 7#a7 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 care4 7c7 ,patient ,access to ,obstetrical and ,gynecological ,care 7#a7 ,general rights 7,a7 ,direct access ,a group health plan1 or health insurance issuer offering group health insurance coverage1 described in paragraph 7#b7 may not require authorization or referral by the plan1 issuer1 or any person 7including a primary care provider described in paragraph 7#b77;,b77 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 gynecology4 ,such professional shall agree to otherwise adhere to such plan's or issuer's policies and procedures1 including procedures regarding referrals and obtaining prior authorization and providing services pursuant to a treatment plan 7if any7 approved by the plan or issuer4 7,b7 ,obstetrical and gynecological care ,a group health plan or health insurance issuer described in paragraph 7#b7 shall treat the provision of obstetrical and gynecological care1 and the ordering of related obstetrical and gynecological items and services1 pursuant to the direct access described under subparagraph 7,a71 by a participating health care professional who specializes in obstetrics or gynecology as the authorization of the primary care provider4 7#b7 ,application of paragraph ,a group health plan1 or health insurance issuer offering group health insurance coverage1 described in this paragraph is a group health plan or coverage that-- 7,a7 provides coverage for obstetric or gynecologic care2 and 7,b7 requires the designation by a participant or beneficiary of a participating primary care provider4 7#c7 ,construction ,nothing in paragraph 7#a7 shall be construed to-- 7,a7 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 care2 or 7,b7 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 decisions4 4 7#c7 ,clerical amendment ,the table of contents of the ,employee ,retirement ,income ,security ,act of #aigd is amended by inserting after the item relating to section #gad the following3 ,sec4 #gae4 ,additional market reforms4 ,sec4 #gaf4 ,preventing surprise medical bills4 ,sec4 #gbb4 ,other patient protections4 4 7c7 ,,irc amendments 7#a7 ,in general ,subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 #ihaf4 ,preventing surprise medical bills 7a7 ,coverage of emergency services 7#a7 ,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 7as defined in paragraph 7#c77;,d771 the plan shall cover emergency services 7as defined in paragraph 7#c77;,c77-- 7,a7 without the need for any prior authorization determination2 7,b7 whether the health care provider furnishing such services is a participating provider or a participating emergency facility1 as applicable1 with respect to such services2 7,c7 in a manner so that1 if such services are provided to a participant or beneficiary by a nonparticipating provider or a nonparticipating emergency facility-- 7i7 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 plan2 7ii7 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 facility2 7iii7 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 7as defined in paragraph 7#c77;,h77 for such services1 plan1 and year2 7iv7 the group health plan-- 7,i7 not later than #cj calendar days after the bill for such services is transmitted by such provider or facility1 sends to the provider or facility1 as applicable1 an initial payment or notice of denial of payment2 and 7,,ii7 pays a total plan payment directly to such provider or facility1 respectively 7in accordance1 if applicable1 with the timing requirement described in subsection 7c77#f77 that is1 with application of any initial payment under subclause 7,i71 equal to the amount by which the out-of-network rate 7as defined in paragraph 7#c77,k77 for such services exceeds the cost-sharing amount for such services 7as determined in accordance with clauses 7ii7 and 7iii77 and year2 and 7iv7 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 7and such in-network deductible and out-of-pocket maximums shall be applied7 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 facility2 and 7,d7 without regard to any other term or condition of such coverage 7other than exclusion or coordination of benefits1 or an affiliation or waiting period1 permitted under section #bgjd of the ,public ,health ,service ,act1 including as incorporated pursuant to section #gae of the ,employee ,retirement ,income ,security ,act of #aigd and section #ihae of this ,act1 and other than applicable cost-sharing74 7#b7 ,audit process and regulations for qualifying payment amounts 7,a7 ,audit process 7i7 ,in general ,not later than ,october #a1 #bjba1 the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services and the ,secretary of ,labor1 shall establish through rulemaking a process1 in accordance with clause 7ii71 under which group health plans are audited by the ,secretary or applicable ,state authority to ensure that-- 7,i7 such plans are in compliance with the requirement of applying a qualifying payment amount under this section2 and 7,,ii7 such qualifying payment amount so applied satisfies the definition under paragraph 7#c77;,e7 with respect to the year involved1 including with respect to a group health plan described in clause 7ii7 of such paragraph 7#c77;,e74 7ii7 ,audit samples ,under the process established pursuant to clause 7i71 the ,secretary-- 7,i7 shall conduct audits described in such clause1 with respect to a year 7beginning with #bjbb71 of a sample with respect to such year of claims data from not more than #be group health plans2 and 7,,ii7 may audit any group health plan if the ,secretary has received any complaint or other information about such plan or coverage1 respectively1 that involves the compliance of the plan with either of the requirements described in subclauses 7,i7 and 7,,ii7 of such clause4 7iii7 ,reports ,beginning for #bjbb1 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 subparagraph4 7,b7 ,rulemaking ,not later than ,july #a1 #bjba1 the ,secretary1 in consultation with the ,secretary of ,labor and the ,secretary of ,health and ,human ,services1 shall establish through rulemaking-- 7i7 the methodology the group health plan shall use to determine the qualifying payment amount1 differentiating by large group market and small group market2 7ii7 the information such plan or issuer1 respectively1 shall share with the nonparticipating provider or nonparticipating facility1 as applicable1 when making such a determination2 7iii7 the geographic regions applied for purposes of this subparagraph1 taking into account access to items and services in rural and underserved areas1 including health professional shortage areas1 as defined in section #ccb of the ,public ,health ,service ,act2 and 7iv7 a process to receive complaints of violations of the requirements described in subclauses 7,i7 and 7,,ii7 of subparagraph 7,a77i7 by group health plans4 ,such rulemaking shall take into account payments that are made by such plan that are not on a fee-for-service basis4 ,such methodology may account for relevant payment adjustments that take into account quality or facility type 7including higher acuity settings and the case-mix of various facility types7 that are otherwise taken into account for purposes of determining payment amounts with respect to participating facilities4 ,in carrying out clause 7iii71 the ,secretary shall consult with the ,national ,association of ,insurance ,commissioners to establish the geographic regions under such clause and shall periodically update such regions1 as appropriate1 taking into account the findings of the report submitted under section #aji7;a7 of the ,no ,surprises ,act4 7#c7 ,definitions ,in this subchapter3 7,a7 ,emergency department of a hospital ,the term emergency department of a hospital includes a hospital outpatient department that provides emergency services 7as defined in subparagraph 7,c77i774 7,b7 ,emergency medical condition ,the term emergency medical condition means a medical condition manifesting itself by acute symptoms of sufficient severity 7including severe pain7 such that a prudent layperson1 who possesses an average knowledge of health and medicine1 could reasonably expect the absence of immediate medical attention to result in a condition described in clause 7i71 7ii71 or 7iii7 of section #ahfg7;e77#a77;,a7 of the ,social ,security ,act4 7,c7 ,emergency services 7i7 ,in general ,the term emergency services1 with respect to an emergency medical condition1 means-- 7,i7 a medical screening examination 7as required under section #ahfg of the ,social ,security ,act1 or as would be required under such section if such section applied to an independent freestanding emergency department7 that is within the capability of the emergency department of a hospital or of an independent freestanding emergency department1 as applicable1 including ancillary services routinely available to the emergency department to evaluate such emergency medical condition2 and 7,,ii7 within the capabilities of the staff and facilities available at the hospital or the independent freestanding emergency department1 as applicable1 such further medical examination and treatment as are required under section #ahfg of such ,act1 or as would be required under such section if such section applied to an independent freestanding emergency department1 to stabilize the patient 7regardless of the department of the hospital in which such further examination or treatment is furnished74 7ii7 ,inclusion of additional services 7,i7 ,in general ,for purposes of this subsection and section #bgii;,b-#a of the ,public ,health ,service ,act1 in the case of a participant or beneficiary who is enrolled in a group health plan and who is furnished services described in clause 7i7 with respect to an emergency medical condition1 the term emergency services shall include1 unless each of the conditions described in subclause 7,,ii7 are met1 in addition to the items and services described in clause 7i71 items and services-- 7aa7 for which benefits are provided or covered under the plan2 and 7bb7 that are furnished by a nonparticipating provider or nonparticipating emergency facility 7regardless of the department of the hospital in which such items or services are furnished7 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 7i7 are furnished4 7,,ii7 ,conditions ,for purposes of subclause 7,i71 the conditions described in this subclause1 with respect to a participant or beneficiary who is stabilized and furnished additional items and services described in subclause 7,i7 after such stabilization by a provider or facility described in subclause 7,i71 are the following2 7aa7 ,such provider or facility determines such individual is able to travel using nonmedical transportation or nonemergency medical transportation4 7bb7 ,such provider furnishing such additional items and services satisfies the notice and consent criteria of section #bgii;,b-#b7;d7 with respect to such items and services4 7cc7 ,such individual is in a condition to receive 7as determined in accordance with guidelines issued by the ,secretary pursuant to rulemaking7 the information described in section #bgii;,b-#b and to provide informed consent under such section1 in accordance with applicable ,state law4 7dd7 ,such other conditions1 as specified by the ,secretary1 such as conditions relating to coordinating care transitions to participating providers and facilities4 7,d7 ,independent freestanding emergency department ,the term independent freestanding emergency department means a health care facility that-- 7i7 is geographically separate and distinct and licensed separately from a hospital under applicable ,state law2 and 7ii7 provides any of the emergency services 7as defined in subparagraph 7,c77i774 7,e7 ,qualifying payment amount 7i7 ,in general ,the term qualifying payment amount means1 subject to clauses 7ii7 and 7iii71 with respect to a sponsor of a group health plan-- 7,i7 for an item or service furnished during #bjbb1 the median of the contracted rates recognized by the plan 7determined with respect to all such plans of such sponsor that are offered within the same insurance market 7specified in subclause 7,i71 7,,ii71 or 7,,iii7 of clause 7iv77 as the plan7 as the total maximum payment 7including the cost-sharing amount imposed for such item or service and the amount to be paid by the plan7 under such plans on ,january #ca1 #bjai 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 furnished1 consistent with the methodology established by the ,secretary under paragraph 7#b77;,b71 increased by the percentage increase in the consumer price index for all urban consumers 7,united ,states city average7 over #bjai1 such percentage increase over #bjbj1 and such percentage increase over #bjba2 and 7,,ii7 for an item or service furnished during #bjbc or a subsequent year1 the qualifying payment amount determined under this clause for such an item or service furnished in the previous year1 increased by the percentage increase in the consumer price index for all urban consumers 7,united ,states city average7 over such previous year4 7ii7 ,new plans and coverage ,the term qualifying payment amount means1 with respect to a sponsor of a group health plan in a geographic region in which such sponsor1 respectively1 did not offer any group health plan or health insurance coverage during #bjai-- 7,i7 for the first year in which such group health plan is offered in such region1 a rate 7determined in accordance with a methodology established by the ,secretary7 for items and services that are covered by such plan and furnished during such first year2 and 7,,ii7 for each subsequent year such group health plan is offered in such region1 the qualifying payment amount determined under this clause for such items and services furnished in the previous year1 increased by the percentage increase in the consumer price index for all urban consumers 7,united ,states city average7 over such previous year4 7iii7 ,insufficient information2 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 7i77,i7 in #bjai 7or1 in the case of a newly covered item or service 7as defined in clause 7v77,,iii771 in the first coverage year 7as defined in clause 7v77,i77 for such item or service with respect to such plan7 for an item or service 7including with respect to provider type1 or amount1 of claims for items or services 7as determined by the ,secretary7 provided in a particular geographic region 7other than in a case with respect to which clause 7ii7 applies77 the term qualifying payment amount-- 7,i7 for an item or service furnished during #bjbb 7or1 in the case of a newly covered item or service1 during the first coverage year for such item or service with respect to such plan71 means such rate for such item or service determined by the sponsor through use of any database that is determined1 in accordance with rulemaking described in paragraph 7#b77;,b71 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 7such as a ,state all-payer claims database72 7,,ii7 for an item or service furnished in a subsequent year 7before the first sufficient information year 7as defined in clause 7v77,,ii77 for such item or service with respect to such plan71 means the rate determined under subclause 7,i7 or this subclause1 as applicable1 for such item or service for the year previous to such subsequent year1 increased by the percentage increase in the consumer price index for all urban consumers 7,united ,states city average7 over such previous year2 7,,iii7 for an item or service furnished in the first sufficient information year for such item or service with respect to such plan1 has the meaning given the term qualifying payment amount in clause 7i77,i71 except that in applying such clause to such item or service1 the reference to furnished during #bjbb shall be treated as a reference to furnished during such first sufficient information year1 the reference to on ,january #ca1 #bjai shall be treated as a reference to in such sufficient information year1 and the increase described in such clause shall not be applied2 and 7,,iv7 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 plan1 has the meaning given such term in clause 7i77,,ii71 except that in applying such clause to such item or service1 the reference to furnished during #bjbc or a subsequent year shall be treated as a reference to furnished during the year after such first sufficient information year or a subsequent year4 7iv7 ,insurance market ,for purposes of clause 7i77,i71 a health insurance market specified in this clause is one of the following3 7,i7 ,the large group market 7other than plans described in subclause 7,,iii774 7,,ii7 ,the small group market 7other than plans described in subclause 7,,iii774 7,,iii7 ,in the case of a self-insured group health plan1 other self-insured group health plans4 7v7 ,definitions ,for purposes of this subparagraph3 7,i7 ,first coverage year ,the term first coverage year means1 with respect to a group health plan and an item or service for which coverage is not offered in #bjai under such plan or coverage1 the first year after #bjai for which coverage for such item or service is offered under such plan4 7,,ii7 ,first sufficient information year ,the term first sufficient information year means1 with respect to a group health plan-- 7aa7 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 7i77,i7 in #bjai1 the first year subsequent to #bjbb for which such sponsor has such sufficient information to calculate the median of such contracted rates in the year previous to such first subsequent year2 and 7bb7 in the case of a newly covered item or service1 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 7i77,i7 in the year previous to such first subsequent year4 7,,iii7 ,newly covered item or service ,the term newly covered item or service means1 with respect to a group health plan1 an item or service for which coverage was not offered in #bjai under such plan or coverage1 but is offered under such plan or coverage in a year after #bjai4 7,f7 ,nonparticipating emergency facility2 participating emergency facility 7i7 ,nonparticipating emergency facility ,the term nonparticipating emergency facility means1 with respect to an item or service and a group health plan1 an emergency department of a hospital1 or an independent freestanding emergency department1 that does not have a contractual relationship directly or indirectly with the plan for furnishing such item or service under the plan4 7ii7 ,participating emergency facility ,the term participating emergency facility means1 with respect to an item or service and a group health plan1 an emergency department of a hospital1 or an independent freestanding emergency department1 that has a contractual relationship directly or indirectly with the plan1 with respect to the furnishing of such an item or service at such facility4 7,g7 ,nonparticipating providers2 participating providers 7i7 ,nonparticipating provider ,the term nonparticipating provider means1 with respect to an item or service and a group health plan1 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 issuer1 respectively1 for furnishing such item or service under the plan4 7ii7 ,participating provider ,the term participating provider means1 with respect to an item or service and a group health plan1 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 plan4 7,h7 ,recognized amount ,the term recognized amount means1 with respect to an item or service furnished by a nonparticipating provider or nonparticipating emergency facility during a year and a group health plan-- 7i7 subject to clause 7iii71 in the case of such item or service furnished in a ,state that has in effect a specified ,state law with respect to such plan2 such a nonparticipating provider or nonparticipating emergency facility2 and such an item or service1 the amount determined in accordance with such law2 7ii7 subject to clause 7iii71 in the case of such item or service furnished in a ,state that does not have in effect a specified ,state law1 with respect to such plan2 such a nonparticipating provider or nonparticipating emergency facility2 and such an item or service1 the amount that is the qualifying payment amount 7as defined in subparagraph 7,e77 for such year and determined in accordance with rulemaking described in paragraph 7#b77;,b77 for such item or service2 or 7iii7 in the case of such item or service furnished in a ,state with an ,all-,payer ,model ,agreement under section #aaae;,a of the ,social ,security ,act1 the amount that the ,state approves under such system for such item or service so furnished4 7,i7 ,specified ,state law ,the term specified ,state law means1 with respect to a ,state1 an item or service furnished by a nonparticipating provider or nonparticipating emergency facility during a year and a group health plan1 a ,state law that provides for a method for determining the total amount payable under such a plan 7to the extent such ,state law applies to such plan1 subject to section #ead7 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 facility4 7,j7 ,stabilize ,the term to stabilize1 with respect to an emergency medical condition 7as defined in subparagraph 7,b771 has the meaning give in section #ahfg7;e77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;dd7e77#c774 7,k7 ,out-of-network rate ,the term out-of-network rate means1 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-- 7i7 subject to clause 7iii71 in the case of such item or service furnished in a ,state that has in effect a specified ,state law with respect to such plan2 such a nonparticipating provider or nonparticipating emergency facility2 and such an item or service1 the amount determined in accordance with such law2 7ii7 subject to clause 7iii71 in the case such ,state does not have in effect such a law with respect to such item or service1 plan1 and provider or facility-- 7,i7 subject to subclause 7,,ii71 if the provider or facility 7as applicable7 and such plan or coverage agree on an amount of payment 7including if such agreed on amount is the initial payment sent by the plan under subsection 7a77#a77;,c77iv77,i71 subsection 7b77#a77;,c71 or section #ihag7;a77#c77;,a71 as applicable1 or is agreed on through open negotiations under subsection 7c77#a77 with respect to such item or service1 such agreed on amount2 or 7,,ii7 if such provider or facility 7as applicable7 and such plan or coverage enter the independent dispute resolution process under subsection 7c7 and do not so agree before the date on which a certified ,,idr entity 7as defined in paragraph 7#d7 of such subsection7 makes a determination with respect to such item or service under such subsection1 the amount of such determination2 or 7iii7 in the case such ,state has an ,all-,payer ,model ,agreement under section #aaae;,a of the ,social ,security ,act1 the amount that the ,state approves under such system for such item or service so furnished4 7,l7 ,cost-sharing ,the term cost-sharing includes copayments1 coinsurance1 and deductibles4 7b7 ,coverage of non-emergency services performed by nonparticipating providers at certain participating facilities 7#a7 ,in general ,in the case of items or services 7other than emergency services to which subsection 7a7 applies7 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 7as defined in subsection 7a77#c77;,g77i77 7and who1 with respect to such items and services1 has not satisfied the notice and consent criteria of section #bgii;,b-#b7;d7 of the ,public ,health ,service ,act7 with respect to a visit 7as defined by the ,secretary in accordance with paragraph 7#b77;,b77 at a participating health care facility 7as defined in paragraph 7#b77;,a771 with respect to such plan1 the plan-- 7,a7 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 or services been furnished by a participating provider 7as defined in subsection 7a77#c77;,g77ii772 7,b7 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 7as defined in subsection 7a77#c77;,h77 for such items and services1 plan1 and year2 7,c7 not later than #cj calendar days after the bill for such items or services is transmitted by such provider1 shall send to the provider an initial payment or notice of denial of payment2 7,d7 shall pay a total plan payment directly1 in accordance1 if applicable1 with the timing requirement described in subsection 7c77#f71 to such provider furnishing such items and services to such participant or beneficiary that is1 with application of any initial payment under subparagraph 7,c71 equal to the amount by which the out-of-network rate 7as defined in subsection 7a77#c77,k77 for such items and services exceeds the cost-sharing amount imposed under the plan for such items and services 7as determined in accordance with subparagraphs 7,a7 and 7,b77 and year2 and 7,e7 shall count toward any in-network deductible and in-network out-of-pocket maximums 7as applicable7 applied under the plan1 any cost-sharing payments made by the participant or beneficiary 7and such in-network deductible and out-of-pocket maximums shall be applied7 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 provider4 7#b7 ,definitions ,in this section3 7,a7 ,participating health care facility 7i7 ,in general ,the term participating health care facility means1 with respect to an item or service and a group health plan1 a health care facility described in clause 7ii7 that has a direct or indirect contractual relationship with the plan1 with respect to the furnishing of such an item or service at the facility4 7ii7 ,health care facility described ,a health care facility described in this clause1 with respect to a group health plan or health insurance coverage offered in the group or individual market1 is each of the following3 7,i7 ,a hospital 7as defined in #ahfa7;e7 of the ,social ,security ,act74 7,,ii7 ,a hospital outpatient department4 7,,iii7 ,a critical access hospital 7as defined in section #ahfa7mm77#a7 of such ,act74 7,,iv7 ,an ambulatory surgical center described in section #ahcc7;i77#a77;,a7 of such ,act4 7,v7 ,any other facility1 specified by the ,secretary1 that provides items or services for which coverage is provided under the plan or coverage1 respectively4 7,b7 ,visit ,the term visit shall1 with respect to items and services furnished to an individual at a health care facility1 include equipment and devices1 telemedicine services1 imaging services1 laboratory services1 preoperative and postoperative services1 and such other items and services as the ,secretary may specify1 regardless of whether or not the provider furnishing such items or services is at the facility4 7c7 ,certain access fees to certain databases ,in the case of a sponsor of a group health plan that1 pursuant to subsection 7a77#c77;,e77iii71 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 service1 such sponsor shall cover the cost for access to such database4 4 7#b7 ,transfer amendment ,subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf1 as amended by paragraph 7#a71 is further amended by adding at the end the following3 #ihbb4 ,other patient protections 7a7 ,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 provider1 then the plan shall permit each participant and beneficiary to designate any participating primary care provider who is available to accept such individual4 7b7 ,access to ,pediatric ,care 7#a7 ,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 child1 the plan shall permit such person to designate a physician 7allopathic or osteopathic7 who specializes in pediatrics as the child's primary care provider if such provider participates in the network of the plan4 7#b7 ,construction ,nothing in paragraph 7#a7 shall be construed to waive any exclusions of coverage under the terms and conditions of the plan with respect to coverage of pediatric care4 7c7 ,patient ,access to ,obstetrical and ,gynecological ,care 7#a7 ,general rights 7,a7 ,direct access ,a group health plan described in paragraph 7#b7 may not require authorization or referral by the plan1 issuer1 or any person 7including a primary care provider described in paragraph 7#b77;,b77 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 gynecology4 ,such professional shall agree to otherwise adhere to such plan's policies and procedures1 including procedures regarding referrals and obtaining prior authorization and providing services pursuant to a treatment plan 7if any7 approved by the plan4 7,b7 ,obstetrical and gynecological care ,a group health plan described in paragraph 7#b7 shall treat the provision of obstetrical and gynecological care1 and the ordering of related obstetrical and gynecological items and services1 pursuant to the direct access described under subparagraph 7,a71 by a participating health care professional who specializes in obstetrics or gynecology as the authorization of the primary care provider4 7#b7 ,application of paragraph ,a group health plan described in this paragraph is a group health plan that-- 7,a7 provides coverage for obstetric or gynecologic care2 and 7,b7 requires the designation by a participant or beneficiary of a participating primary care provider4 7#c7 ,construction ,nothing in paragraph 7#a7 shall be construed to-- 7,a7 waive any exclusions of coverage under the terms and conditions of the plan with respect to coverage of obstetrical or gynecological care2 or 7,b7 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 decisions4 4 7#c7 ,clerical amendment ,the table of sections for subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new item3 ,sec4 #ihae4 ,additional market reforms4 ,sec4 #ihaf4 ,preventing surprise medical bills4 ,sec4 #ihbb4 ,other patient protections4 4 7#d7 ,conforming amendments 7,a7 ,in general ,section #bbc7;c7 of the ,internal ,revenue ,code of #aihf is amended-- 7i7 in paragraph 7#a71 by adding at the end the following3 7,d7 ,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 #ihaf or #ihag1 section #bgii;,a-#a or #bgii;,a-#b of the ,public ,health ,service ,act1 or section #gaf or #gag of the ,employee ,retirement ,income ,security ,act of #aigd1 or any ,state law providing similar protections to such individual4 2 and 7ii7 in paragraph 7#b71 by adding at the end the following3 7,f7 ,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 #ihaf or #ihag1 section #bgii;,a-#a or #bgii;,a-#b of the ,public ,health ,service ,act1 or section #gaf or #gag of the ,employee ,retirement ,income ,security ,act of #aigd1 or any ,state law providing similar protections to individuals1 prior to the satisfaction of the deductible under paragraph 7#b77;,a77i74 4 7,b7 ,effective date ,the amendments made by subparagraph 7,a7 shall apply for plan years beginning on or after ,january #a1 #bjbb4 7d7 ,additional application provisions 7#a7 ,application to ,,fehb ,section #hijb of title #e1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7p7 ,each contract under this chapter shall require the carrier to comply with requirements described in the provisions of sections #bgii;,a-#a1 #bgii;,a-#b1 and #bgii;,a-#g of the ,public ,health ,service ,act1 sections #gaf1 #gag1 and #gbb of the ,employee ,retirement ,income ,security ,act of #aigd1 and sections #ihaf1 #ihag1 and #ihbb of the ,internal ,revenue ,code of #aihf 7as applicable7 in the same manner as such provisions apply to a group health plan or health insurance issuer offering group or individual health insurance coverage1 as described in such sections4 ,the provisions of sections #bgii;,b-#a1 #bgii;,b-#b1 #bgii;,b-#c1 and #bgii;,b-#e 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 issuer1 as described in such sections4 4 7#b7 ,application to grandfathered plans ,section #abea7;a7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjaa7;a77 is amended by adding at the end the following3 7#e7 ,application of additional provisions ,sections #bgii;,a-#a1 #bgii;,a-#b1 and #bgii;,a-#g of the ,public ,health ,service ,act shall apply to grandfathered health plans for plan years beginning on or after ,january #a1 #bjbb4 4 7#c7 ,rule of construction ,nothing in this title1 including the amendments made by this title may be construed as modifying1 reducing1 or eliminating-- 7,a7 the protections under section #bbb of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afbau7 and under subpart ,i of part #acf of title #db1 ,code of ,federal ,regulations 7or any successor regulation71 against payment liability for a patient who receives contract health services that are authorized by the ,indian ,health ,service2 or 7,b7 the requirements under section #ahff7;a77#a77,u7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;cc7a77#a77,u774 7e7 ,effective date ,the amendments made by this section shall apply with respect to plan years 7or1 in the case of the amendment made by subsection 7d77#a71 with respect to contracts entered into or renewed for contract years7 beginning on or after ,january #a1 #bjbb4 #ajc4 ,determination of out-of-network rates to be paid by health plans2 ,independent dispute resolution process 7a7 ,,phsa ,section #bgii;,a-#a1 as added by section #ajb1 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following new subsection3 7c7 ,determination of out-of-network rates to be paid by health plans2 ,independent dispute resolution process 7#a7 ,determination through open negotiation 7,a7 ,in general ,with respect to an item or service furnished in a year by a nonparticipating provider or a nonparticipating facility1 with respect to a group health plan or health insurance issuer offering group or individual health insurance coverage1 in a ,state described in subsection 7a77#c77,k77ii7 with respect to such plan or coverage and provider or facility1 and for which a payment is required to be made by the plan or coverage pursuant to subsection 7a77#a7 or 7b77#a71 the provider or facility 7as applicable7 or plan or coverage may1 during the #cj-;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 service1 initiate open negotiations under this paragraph between such provider or facility and plan or coverage for purposes of determining1 during the open negotiation period1 an amount agreed on by such provider or facility1 respectively1 and such plan or coverage for payment 7including any cost-sharing7 for such item or service4 ,for purposes of this subsection1 the open negotiation period1 with respect to an item or service1 is the #cj-;day period beginning on the date of initiation of the negotiations with respect to such item or service4 7,b7 ,accessing independent dispute resolution process in case of failed negotiations ,in the case of open negotiations pursuant to subparagraph 7,a71 with respect to an item or service1 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 service1 the provider or facility 7as applicable7 or group health plan or health insurance issuer offering group or individual health insurance coverage that was party to such negotiations may1 during the #d-;day period beginning on the day after such open negotiation period1 initiate the independent dispute resolution process under paragraph 7#b7 with respect to such item or service4 ,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 7containing such information as specified by the ,secretary7 and for purposes of this subsection1 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 ,secretary4 7#b7 ,independent dispute resolution process available in case of failed open negotiations 7,a7 ,establishment ,not later than #a year after the date of the enactment of this subsection1 the ,secretary1 jointly with the ,secretary of ,labor and the ,secretary of the ,treasury1 shall establish by regulation one independent dispute resolution process 7referred to in this subsection as the ,,idr process7 under which1 in the case of an item or service with respect to which a provider or facility 7as applicable7 or group health plan or health insurance issuer offering group or individual health insurance coverage submits a notification under paragraph 7#a77;,b7 7in this subsection referred to as a qualified ,,idr item or service71 a certified ,,idr entity under paragraph 7#d7 determines1 subject to subparagraph 7,b7 and in accordance with the succeeding provisions of this subsection1 the amount of payment under the plan or coverage for such item or service furnished by such provider or facility4 7,b7 ,authority to continue negotiations ,under the independent dispute resolution process1 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 7#d7 makes such determination under paragraph 7#e71 such amount shall be treated for purposes of subsection 7a77#c77,k77ii7 as the amount agreed to by such parties for such item or service4 ,in the case of an agreement described in the previous sentence1 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 determination4 7,c7 ,clarification ,a nonparticipating provider may not1 with respect to an item or service furnished by such provider1 submit a notification under paragraph 7#a77;,b7 if such provider is exempt from the requirement under subsection 7a7 of section #bgii;,b-#b with respect to such item or service pursuant to subsection 7b7 of such section4 7#c7 ,treatment of batching of items and services 7,a7 ,in general ,under the ,,idr process1 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 7including minimizing costs7 of the ,,idr process4 ,such items and services may be so considered only if-- 7i7 such items and services to be included in such determination are furnished by the same provider or facility2 7ii7 payment for such items and services is required to be made by the same group health plan or health insurance issuer2 7iii7 such items and services are related to the treatment of a similar condition2 and 7iv7 such items and services were furnished during the #cj 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 ,secretary1 for use in limited situations1 such as by the consent of the parties or in the case of low-volume items and services1 to encourage procedural efficiency and minimize health plan and provider administrative costs4 7,b7 ,treatment of bundled payments ,in carrying out subparagraph 7,a71 the ,secretary shall provide that1 in the case of items and services which are included by a provider or facility as part of a bundled payment1 such items and services included in such bundled payment may be part of a single determination under this subsection4 7#d7 ,certification and selection of ,,idr entities 7,a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,labor and ,secretary of the ,treasury1 shall establish a process to certify 7including to recertify7 entities under this paragraph4 ,such process shall ensure that an entity so certified-- 7i7 has 7directly or through contracts or other arrangements7 sufficient medical1 legal1 and other expertise and sufficient staffing to make determinations described in paragraph 7#e7 on a timely basis2 7ii7 is not-- 7,i7 a group health plan or health insurance issuer offering group or individual health insurance coverage1 provider1 or facility2 7,,ii7 an affiliate or a subsidiary of such a group health plan or health insurance issuer1 provider1 or facility2 or 7,,iii7 an affiliate or subsidiary of a professional or trade association of such group health plans or health insurance issuers or of providers or facilities2 7iii7 carries out the responsibilities of such an entity in accordance with this subsection2 7iv7 meets appropriate indicators of fiscal integrity2 7v7 maintains the confidentiality 7in accordance with regulations promulgated by the ,secretary7 of individually identifiable health information obtained in the course of conducting such determinations2 7vi7 does not under the ,,idr process carry out any determination with respect to which the entity would not pursuant to subclause 7,i71 7,,ii71 or 7,,iii7 of subparagraph 7,f77i7 be eligible for selection2 and 7vii7 meets such other requirements as determined appropriate by the ,secretary4 7,b7 ,period of certification ,subject to subparagraph 7,c71 each certification 7including a recertification7 of an entity under the process described in subparagraph 7,a7 shall be for a #e-year period4 7,c7 ,revocation ,a certification of an entity under this paragraph may be revoked under the process described in subparagraph 7,a7 if the entity has a pattern or practice of noncompliance with any of the requirements described in such subparagraph4 7,d7 ,petition for denial or withdrawal ,the process described in subparagraph 7,a7 shall ensure that an individual1 provider1 facility1 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 subsection4 7,e7 ,sufficient number of entities ,the process described in subparagraph 7,a7 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 7#e74 7,f7 ,selection of certified ,,idr entity ,the ,secretary shall1 with respect to the determination of the amount of payment under this subsection of an item or service1 provide for a method-- 7i7 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 7as applicable7 involved in a notification under paragraph 7#a77;,b7 to jointly select1 not later than the last day of the #c-;business day period following the date of the initiation of the process with respect to such item or service1 for purposes of making such determination1 an entity certified under this paragraph that-- 7,i7 is not a party to such determination or an employee or agent of such a party2 7,,ii7 does not have a material familial1 financial1 or professional relationship with such a party2 and 7,,iii7 does not otherwise have a conflict of interest with such a party 7as determined by the ,secretary72 and 7ii7 that requires1 in the case such parties do not make such selection by such last day1 the ,secretary to1 not later than #f business days after such date of initiation-- 7,i7 select such an entity that satisfies subclauses 7,i7 through 7,,iii7 of clause 7i772 and 7,,ii7 provide notification of such selection to the provider or facility 7as applicable7 and the plan or issuer 7as applicable7 party to such determination4 ,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 determination4 7#e7 ,payment determination 7,a7 ,in general ,not later than #cj days after the date of selection of the certified ,,idr entity with respect to a determination for a qualified ,,idr item or service1 the certified ,,idr entity shall-- 7i7 taking into account the considerations specified in subparagraph 7,c71 select one of the offers submitted under subparagraph 7,b7 to be the amount of payment for such item or service determined under this subsection for purposes of subsection 7a77#a7 or 7b77#a71 as applicable2 and 7ii7 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 7i74 7,b7 ,submission of offers ,not later than #aj days after the date of selection of the certified ,,idr entity with respect to a determination for a qualified ,,idr item or service1 the provider or facility and the group health plan or health insurance issuer offering group or individual health insurance coverage party to such determination-- 7i7 shall each submit to the certified ,,idr entity with respect to such determination-- 7,i7 an offer for a payment amount for such item or service furnished by such provider or facility2 and 7,,ii7 such information as requested by the certified ,,idr entity relating to such offer2 and 7ii7 may each submit to the certified ,,idr entity with respect to such determination any information relating to such offer submitted by either party1 including information relating to any circumstance described in subparagraph 7,c77ii74 7,c7 ,considerations in determination 7i7 ,in general ,in determining which offer is the payment to be applied pursuant to this paragraph1 the certified ,,idr entity1 with respect to the determination for a qualified ,,idr item or service shall consider-- 7,i7 the qualifying payment amounts 7as defined in subsection 7a77#c77;,e77 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 7as defined by the ,secretary for purposes of such subsection7 as such qualified ,,idr item or service2 and 7,,ii7 subject to subparagraph 7,d71 information on any circumstance described in clause 7ii71 such information as requested in subparagraph 7,b77i77,,ii71 and any additional information provided in subparagraph 7,b77ii74 7ii7 ,additional circumstances ,for purposes of clause 7i77,,ii71 the circumstances described in this clause are1 with respect to a qualified ,,idr item or service of a nonparticipating provider1 nonparticipating emergency facility1 group health plan1 or health insurance issuer of group or individual health insurance coverage the following3 7,i7 ,the level of training1 experience1 and quality and outcomes measurements of the provider or facility that furnished such item or service 7such as those endorsed by the consensus-based entity authorized in section #ahij of the ,social ,security ,act74 7,,ii7 ,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 provided4 7,,iii7 ,the acuity of the individual receiving such item or service or the complexity of furnishing such item or service to such individual4 7,,iv7 ,the teaching status1 case mix1 and scope of services of the nonparticipating facility that furnished such item or service4 7,v7 ,demonstrations of good faith efforts 7or lack of good faith efforts7 made by the nonparticipating provider or nonparticipating facility or the plan or issuer to enter into network agreements and1 if applicable1 contracted rates between the provider or facility1 as applicable1 and the plan or issuer1 as applicable1 during the previous #d plan years4 7,d7 ,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 facility1 the certified ,,idr entity with respect to a determination shall not consider usual and customary charges1 the amount that would have been billed by such provider or facility with respect to such items and services had the provisions of section #bgii;,b-#a or #bgii;,b-#b 7as applicable7 not applied1 or the payment or reimbursement rate for such items and services furnished by such provider or facility payable by a public payor1 including under the ,medicare program under title ,,xviii of the ,social ,security ,act1 under the ,medicaid program under title ,,xix of such ,act1 under the ,children's ,health ,insurance ,program under title ,,xxi of such ,act1 under the ,,tricare program under chapter #ee of title #aj1 ,united ,states ,code1 or under chapter #ag of title #ch1 ,united ,states ,code4 7,e7 ,effects of determination 7i7 ,in general ,a determination of a certified ,,idr entity under subparagraph 7,a7-- 7,i7 shall be binding upon the parties involved1 in the absence of a fraudulent claim or evidence of misrepresentation of facts presented to the ,,idr entity involved regarding such claim2 and 7,,ii7 shall not be subject to judicial review1 except in a case described in any of paragraphs 7#a7 through 7#d7 of section #aj7;a7 of title #i1 ,united ,states ,code4 7ii7 ,suspension of certain subsequent ,,idr requests ,in the case of a determination of a certified ,,idr entity under subparagraph 7,a71 with respect to an initial notification submitted under paragraph 7#a77;,b7 with respect to qualified ,,idr items and services and the two parties involved with such notification1 the party that submitted such notification may not submit during the #ij-;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 notification4 7iii7 ,subsequent submission of requests permitted ,in the case of a notification that pursuant to clause 7ii7 is not permitted to be submitted under paragraph 7#a77;,b7 during a #ij-;day period specified in such clause1 if the end of the open negotiation period specified in paragraph 7#a77;,a71 that but for this clause would otherwise apply with respect to such notification1 occurs during such #ij-;day period1 such paragraph 7#a77;,b7 shall be applied as if the reference in such paragraph to the #d-;day period beginning on the day after such open negotiation period were instead a reference to the #cj-;day period beginning on the day after the last day of such #ij-;day period4 7iv7 ,reports ,the ,secretary1 jointly with the ,secretary of ,labor and the ,secretary of the ,treasury1 shall examine the impact of the application of clause 7ii7 and whether the application of such clause delays payment determinations or impacts early1 alternative resolution of claims 7such as through open negotiations71 and shall submit to ,congress1 not later than #b years after the date of implementation of such clause an interim report 7and not later than #d years after such date of implementation1 a final report7 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 denial1 low payment1 or down-coding of claims1 or otherwise abuse the #ij-;day period described in such clause1 including recommendations on ways to discourage such a pattern or practice4 7,f7 ,costs of independent dispute resolution process ,in the case of a notification under paragraph 7#a77;,b7 submitted by a nonparticipating provider1 nonparticipating emergency facility1 group health plan1 or health insurance issuer offering group or individual health insurance coverage and submitted to a certified ,,idr entity-- 7i7 if such entity makes a determination with respect to such notification under subparagraph 7,a71 the party whose offer is not chosen under such subparagraph shall be responsible for paying all fees charged by such entity2 and 7ii7 if the parties reach a settlement with respect to such notification prior to such a determination1 each party shall pay half of all fees charged by such entity1 unless the parties otherwise agree4 7#f7 ,timing of payment ,the total plan or coverage payment required pursuant to subsection 7a77#a7 or 7b77#a71 with respect to a qualified ,,idr item or service for which a determination is made under paragraph 7#e77;,a7 or with respect to an item or service for which a payment amount is determined under open negotiations under paragraph 7#a71 shall be made directly to the nonparticipating provider or facility not later than #cj days after the date on which such determination is made4 7#g7 ,publication of information relating to the ,,idr process 7,a7 ,publication of information ,for each calendar quarter in #bjbb and each calendar quarter in a subsequent year1 the ,secretary shall make available on the public website of the ,department of ,health and ,human ,services-- 7i7 the number of notifications submitted under paragraph 7#a77;,b7 during such calendar quarter2 7ii7 the size of the provider practices and the size of the facilities submitting notifications under paragraph 7#a77;,b7 during such calendar quarter2 7iii7 the number of such notifications with respect to which a determination was made under paragraph 7#e77;,a72 7iv7 the information described in subparagraph 7,b7 with respect to each notification with respect to which such a determination was so made2 7v7 the number of times the payment amount determined 7or agreed to7 under this subsection exceeds the qualifying payment amount1 specified by items and services2 7vi7 the amount of expenditures made by the ,secretary during such calendar quarter to carry out the ,,idr process2 7vii7 the total amount of fees paid under paragraph 7#h7 during such calendar quarter2 and 7viii7 the total amount of compensation paid to certified ,,idr entities under paragraph 7#e77;,f7 during such calendar quarter4 7,b7 ,information ,for purposes of subparagraph 7,a71 the information described in this subparagraph is1 with respect to a notification under paragraph 7#a77;,b7 by a nonparticipating provider1 nonparticipating emergency facility1 group health plan1 or health insurance issuer offering group or individual health insurance coverage-- 7i7 a description of each item and service included with respect to such notification2 7ii7 the geography in which the items and services with respect to such notification were provided2 7iii7 the amount of the offer submitted under paragraph 7#e77;,b7 by the group health plan or health insurance issuer 7as applicable7 and by the nonparticipating provider or nonparticipating emergency facility 7as applicable7 expressed as a percentage of the qualifying payment amount2 7iv7 whether the offer selected by the certified ,,idr entity under paragraph 7#e7 to be the payment applied was the offer submitted by such plan or issuer 7as applicable7 or by such provider or facility 7as applicable7 and the amount of such offer so selected expressed as a percentage of the qualifying payment amount2 7v7 the category and practice specialty of each such provider or facility involved in furnishing such items and services2 7vi7 the identity of the health plan or health insurance issuer1 provider1 or facility1 with respect to the notification2 7vii7 the length of time in making each determination2 7viii7 the compensation paid to the certified ,,idr entity with respect to the settlement or determination2 and 7ix7 any other information specified by the ,secretary4 7,c7 ,,idr entity requirements ,for #bjbb and each subsequent year1 an ,,idr entity1 as a condition of certification as an ,,idr entity1 shall submit to the ,secretary such information as the ,secretary determines necessary to carry out the provisions of this subsection4 7,d7 ,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 facility4 7#h7 ,administrative fee 7,a7 ,in general ,each party to a determination under paragraph 7#e7 to which an entity is selected under paragraph 7#c7 in a year shall pay to the ,secretary1 at such time and in such manner as specified by the ,secretary1 a fee for participating in the ,,idr process with respect to such determination in an amount described in subparagraph 7,b7 for such year4 7,b7 ,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 process4 7#i7 ,waiver authority ,the ,secretary may modify any deadline or other timing requirement specified under this subsection 7other than the establishment date for the ,,idr process under paragraph 7#b77;,a7 and other than under paragraph 7#f77 in cases of extenuating circumstances1 as specified by the ,secretary1 or to ensure that all claims that occur during a #ij-;day period described in paragraph 7#e77;,e77ii71 but with respect to which a notification is not permitted by reason of such paragraph to be submitted under paragraph 7#a77;,b7 during such period1 are eligible for the ,,idr process4 4 7b7 ,,erisa ,section #gaf of the ,employee ,retirement ,income ,security ,act of #aigd1 as added by section #ajb1 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following new subsection3 7c7 ,determination of out-of-network rates to be paid by health plans2 ,independent dispute resolution process 7#a7 ,determination through open negotiation 7,a7 ,in general ,with respect to an item or service furnished in a year by a nonparticipating provider or a nonparticipating facility1 with respect to a group health plan or health insurance issuer offering group health insurance coverage1 in a ,state described in subsection 7a77#c77,k77ii7 with respect to such plan or coverage and provider or facility1 and for which a payment is required to be made by the plan or coverage pursuant to subsection 7a77#a7 or 7b77#a71 the provider or facility 7as applicable7 or plan or coverage may1 during the #cj-;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 service1 initiate open negotiations under this paragraph between such provider or facility and plan or coverage for purposes of determining1 during the open negotiation period1 an amount agreed on by such provider or facility1 respectively1 and such plan or coverage for payment 7including any cost-sharing7 for such item or service4 ,for purposes of this subsection1 the open negotiation period1 with respect to an item or service1 is the #cj-;day period beginning on the date of initiation of the negotiations with respect to such item or service4 7,b7 ,accessing independent dispute resolution process in case of failed negotiations ,in the case of open negotiations pursuant to subparagraph 7,a71 with respect to an item or service1 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 service1 the provider or facility 7as applicable7 or group health plan or health insurance issuer offering group health insurance coverage that was party to such negotiations may1 during the #d-;day period beginning on the day after such open negotiation period1 initiate the independent dispute resolution process under paragraph 7#b7 with respect to such item or service4 ,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 7containing such information as specified by the ,secretary7 and for purposes of this subsection1 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 ,secretary4 7#b7 ,independent dispute resolution process available in case of failed open negotiations 7,a7 ,establishment ,not later than #a year after the date of the enactment of this subsection1 the ,secretary1 jointly with the ,secretary of ,health and ,human ,services and the ,secretary of the ,treasury1 shall establish by regulation one independent dispute resolution process 7referred to in this subsection as the ,,idr process7 under which1 in the case of an item or service with respect to which a provider or facility 7as applicable7 or group health plan or health insurance issuer offering group health insurance coverage submits a notification under paragraph 7#a77;,b7 7in this subsection referred to as a qualified ,,idr item or service71 a certified ,,idr entity under paragraph 7#d7 determines1 subject to subparagraph 7,b7 and in accordance with the succeeding provisions of this subsection1 the amount of payment under the plan or coverage for such item or service furnished by such provider or facility4 7,b7 ,authority to continue negotiations ,under the independent dispute resolution process1 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 7#d7 makes such determination under paragraph 7#e71 such amount shall be treated for purposes of subsection 7a77#c77,k77ii7 as the amount agreed to by such parties for such item or service4 ,in the case of an agreement described in the previous sentence1 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 determination4 7,c7 ,clarification ,a nonparticipating provider may not1 with respect to an item or service furnished by such provider1 submit a notification under paragraph 7#a77;,b7 if such provider is exempt from the requirement under subsection 7a7 of section #bgii;,b-#b of the ,public ,health ,service ,act with respect to such item or service pursuant to subsection 7b7 of such section4 7#c7 ,treatment of batching of items and services 7,a7 ,in general ,under the ,,idr process1 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 7including minimizing costs7 of the ,,idr process4 ,such items and services may be so considered only if-- 7i7 such items and services to be included in such determination are furnished by the same provider or facility2 7ii7 payment for such items and services is required to be made by the same group health plan or health insurance issuer2 7iii7 such items and services are related to the treatment of a similar condition2 and 7iv7 such items and services were furnished during the #cj 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 ,secretary1 for use in limited situations1 such as by the consent of the parties or in the case of low-volume items and services1 to encourage procedural efficiency and minimize health plan and provider administrative costs4 7,b7 ,treatment of bundled payments ,in carrying out subparagraph 7,a71 the ,secretary shall provide that1 in the case of items and services which are included by a provider or facility as part of a bundled payment1 such items and services included in such bundled payment may be part of a single determination under this subsection4 7#d7 ,certification and selection of ,,idr entities 7,a7 ,in general ,the ,secretary1 jointly with the ,secretary of ,health and ,human ,services and ,secretary of the ,treasury1 shall establish a process to certify 7including to recertify7 entities under this paragraph4 ,such process shall ensure that an entity so certified-- 7i7 has 7directly or through contracts or other arrangements7 sufficient medical1 legal1 and other expertise and sufficient staffing to make determinations described in paragraph 7#e7 on a timely basis2 7ii7 is not-- 7,i7 a group health plan or health insurance issuer offering group health insurance coverage1 provider1 or facility2 7,,ii7 an affiliate or a subsidiary of such a group health plan or health insurance issuer1 provider1 or facility2 or 7,,iii7 an affiliate or subsidiary of a professional or trade association of such group health plans or health insurance issuers or of providers or facilities2 7iii7 carries out the responsibilities of such an entity in accordance with this subsection2 7iv7 meets appropriate indicators of fiscal integrity2 7v7 maintains the confidentiality 7in accordance with regulations promulgated by the ,secretary7 of individually identifiable health information obtained in the course of conducting such determinations2 7vi7 does not under the ,,idr process carry out any determination with respect to which the entity would not pursuant to subclause 7,i71 7,,ii71 or 7,,iii7 of subparagraph 7,f77i7 be eligible for selection2 and 7vii7 meets such other requirements as determined appropriate by the ,secretary4 7,b7 ,period of certification ,subject to subparagraph 7,c71 each certification 7including a recertification7 of an entity under the process described in subparagraph 7,a7 shall be for a #e-year period4 7,c7 ,revocation ,a certification of an entity under this paragraph may be revoked under the process described in subparagraph 7,a7 if the entity has a pattern or practice of noncompliance with any of the requirements described in such subparagraph4 7,d7 ,petition for denial or withdrawal ,the process described in subparagraph 7,a7 shall ensure that an individual1 provider1 facility1 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 subsection4 7,e7 ,sufficient number of entities ,the process described in subparagraph 7,a7 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 7#e74 7,f7 ,selection of certified ,,idr entity ,the ,secretary shall1 with respect to the determination of the amount of payment under this subsection of an item or service1 provide for a method-- 7i7 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 7as applicable7 involved in a notification under paragraph 7#a77;,b7 to jointly select1 not later than the last day of the #c-;business day period following the date of the initiation of the process with respect to such item or service1 for purposes of making such determination1 an entity certified under this paragraph that-- 7,i7 is not a party to such determination or an employee or agent of such a party2 7,,ii7 does not have a material familial1 financial1 or professional relationship with such a party2 and 7,,iii7 does not otherwise have a conflict of interest with such a party 7as determined by the ,secretary72 and 7ii7 that requires1 in the case such parties do not make such selection by such last day1 the ,secretary to1 not later than #f business days after such date of initiation-- 7,i7 select such an entity that satisfies subclauses 7,i7 through 7,,iii7 of clause 7i772 and 7,,ii7 provide notification of such selection to the provider or facility 7as applicable7 and the plan or issuer 7as applicable7 party to such determination4 ,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 determination4 7#e7 ,payment determination 7,a7 ,in general ,not later than #cj days after the date of selection of the certified ,,idr entity with respect to a determination for a qualified ,,idr item or service1 the certified ,,idr entity shall-- 7i7 taking into account the considerations specified in subparagraph 7,c71 select one of the offers submitted under subparagraph 7,b7 to be the amount of payment for such item or service determined under this subsection for purposes of subsection 7a77#a7 or 7b77#a71 as applicable2 and 7ii7 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 7i74 7,b7 ,submission of offers ,not later than #aj days after the date of selection of the certified ,,idr entity with respect to a determination for a qualified ,,idr item or service1 the provider or facility and the group health plan or health insurance issuer offering group health insurance coverage party to such determination-- 7i7 shall each submit to the certified ,,idr entity with respect to such determination-- 7,i7 an offer for a payment amount for such item or service furnished by such provider or facility2 and 7,,ii7 such information as requested by the certified ,,idr entity relating to such offer2 and 7ii7 may each submit to the certified ,,idr entity with respect to such determination any information relating to such offer submitted by either party1 including information relating to any circumstance described in subparagraph 7,c77ii74 7,c7 ,considerations in determination 7i7 ,in general ,in determining which offer is the payment to be applied pursuant to this paragraph1 the certified ,,idr entity1 with respect to the determination for a qualified ,,idr item or service shall consider-- 7,i7 the qualifying payment amounts 7as defined in subsection 7a77#c77;,e77 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 7as defined by the ,secretary for purposes of such subsection7 as such qualified ,,idr item or service2 and 7,,ii7 subject to subparagraph 7,d71 information on any circumstance described in clause 7ii71 such information as requested in subparagraph 7,b77i77,,ii71 and any additional information provided in subparagraph 7,b77ii74 7ii7 ,additional circumstances ,for purposes of clause 7i77,,ii71 the circumstances described in this clause are1 with respect to a qualified ,,idr item or service of a nonparticipating provider1 nonparticipating emergency facility1 group health plan1 or health insurance issuer of group health insurance coverage the following3 7,i7 ,the level of training1 experience1 and quality and outcomes measurements of the provider or facility that furnished such item or service 7such as those endorsed by the consensus-based entity authorized in section #ahij of the ,social ,security ,act74 7,,ii7 ,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 provided4 7,,iii7 ,the acuity of the individual receiving such item or service or the complexity of furnishing such item or service to such individual4 7,,iv7 ,the teaching status1 case mix1 and scope of services of the nonparticipating facility that furnished such item or service4 7,v7 ,demonstrations of good faith efforts 7or lack of good faith efforts7 made by the nonparticipating provider or nonparticipating facility or the plan or issuer to enter into network agreements and1 if applicable1 contracted rates between the provider or facility1 as applicable1 and the plan or issuer1 as applicable1 during the previous #d plan years4 7,d7 ,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 facility1 the certified ,,idr entity with respect to a determination shall not consider usual and customary charges1 the amount that would have been billed by such provider or facility with respect to such items and services had the provisions of section #bgii;,b-#a of the ,public ,health ,service ,act or #bgii;,b-#b of such ,act 7as applicable7 not applied1 or the payment or reimbursement rate for such items and services furnished by such provider or facility payable by a public payor1 including under the ,medicare program under title ,,xviii of the ,social ,security ,act1 under the ,medicaid program under title ,,xix of such ,act1 under the ,children's ,health ,insurance ,program under title ,,xxi of such ,act1 under the ,,tricare program under chapter #ee of title #aj1 ,united ,states ,code1 or under chapter #ag of title #ch1 ,united ,states ,code4 7,e7 ,effects of determination 7i7 ,in general ,a determination of a certified ,,idr entity under subparagraph 7,a7-- 7,i7 shall be binding upon the parties involved1 in the absence of a fraudulent claim or evidence of misrepresentation of facts presented to the ,,idr entity involved regarding such claim2 and 7,,ii7 shall not be subject to judicial review1 except in a case described in any of paragraphs 7#a7 through 7#d7 of section #aj7;a7 of title #i1 ,united ,states ,code4 7ii7 ,suspension of certain subsequent ,,idr requests ,in the case of a determination of a certified ,,idr entity under subparagraph 7,a71 with respect to an initial notification submitted under paragraph 7#a77;,b7 with respect to qualified ,,idr items and services and the two parties involved with such notification1 the party that submitted such notification may not submit during the #ij-;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 notification4 7iii7 ,subsequent submission of requests permitted ,in the case of a notification that pursuant to clause 7ii7 is not permitted to be submitted under paragraph 7#a77;,b7 during a #ij-;day period specified in such clause1 if the end of the open negotiation period specified in paragraph 7#a77;,a71 that but for this clause would otherwise apply with respect to such notification1 occurs during such #ij-;day period1 such paragraph 7#a77;,b7 shall be applied as if the reference in such paragraph to the #d-;day period beginning on the day after such open negotiation period were instead a reference to the #cj-;day period beginning on the day after the last day of such #ij-;day period4 7iv7 ,reports ,the ,secretary1 jointly with the ,secretary of ,health and ,human ,services and the ,secretary of the ,treasury1 shall examine the impact of the application of clause 7ii7 and whether the application of such clause delays payment determinations or impacts early1 alternative resolution of claims 7such as through open negotiations71 and shall submit to ,congress1 not later than #b years after the date of implementation of such clause an interim report 7and not later than #d years after such date of implementation1 a final report7 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 denial1 low payment1 or down-coding of claims1 or otherwise abuse the #ij-;day period described in such clause1 including recommendations on ways to discourage such a pattern or practice4 7,f7 ,costs of independent dispute resolution process ,in the case of a notification under paragraph 7#a77;,b7 submitted by a nonparticipating provider1 nonparticipating emergency facility1 group health plan1 or health insurance issuer offering group health insurance coverage and submitted to a certified ,,idr entity-- 7i7 if such entity makes a determination with respect to such notification under subparagraph 7,a71 the party whose offer is not chosen under such subparagraph shall be responsible for paying all fees charged by such entity2 and 7ii7 if the parties reach a settlement with respect to such notification prior to such a determination1 each party shall pay half of all fees charged by such entity1 unless the parties otherwise agree4 7#f7 ,timing of payment ,the total plan or coverage payment required pursuant to subsection 7a77#a7 or 7b77#a71 with respect to a qualified ,,idr item or service for which a determination is made under paragraph 7#e77;,a7 or with respect to an item or service for which a payment amount is determined under open negotiations under paragraph 7#a71 shall be made directly to the nonparticipating provider or facility not later than #cj days after the date on which such determination is made4 7#g7 ,publication of information relating to the ,,idr process 7,a7 ,publication of information ,for each calendar quarter in #bjbb and each calendar quarter in a subsequent year1 the ,secretary shall make available on the public website of the ,department of ,labor-- 7i7 the number of notifications submitted under paragraph 7#a77;,b7 during such calendar quarter2 7ii7 the size of the provider practices and the size of the facilities submitting notifications under paragraph 7#a77;,b7 during such calendar quarter2 7iii7 the number of such notifications with respect to which a determination was made under paragraph 7#e77;,a72 7iv7 the information described in subparagraph 7,b7 with respect to each notification with respect to which such a determination was so made2 7v7 the number of times the payment amount determined 7or agreed to7 under this subsection exceeds the qualifying payment amount1 specified by items and services2 7vi7 the amount of expenditures made by the ,secretary during such calendar quarter to carry out the ,,idr process2 7vii7 the total amount of fees paid under paragraph 7#h7 during such calendar quarter2 and 7viii7 the total amount of compensation paid to certified ,,idr entities under paragraph 7#e77;,f7 during such calendar quarter4 7,b7 ,information ,for purposes of subparagraph 7,a71 the information described in this subparagraph is1 with respect to a notification under paragraph 7#a77;,b7 by a nonparticipating provider1 nonparticipating emergency facility1 group health plan1 or health insurance issuer offering group health insurance coverage-- 7i7 a description of each item and service included with respect to such notification2 7ii7 the geography in which the items and services with respect to such notification were provided2 7iii7 the amount of the offer submitted under paragraph 7#e77;,b7 by the group health plan or health insurance issuer 7as applicable7 and by the nonparticipating provider or nonparticipating emergency facility 7as applicable7 expressed as a percentage of the qualifying payment amount2 7iv7 whether the offer selected by the certified ,,idr entity under paragraph 7#e7 to be the payment applied was the offer submitted by such plan or issuer 7as applicable7 or by such provider or facility 7as applicable7 and the amount of such offer so selected expressed as a percentage of the qualifying payment amount2 7v7 the category and practice specialty of each such provider or facility involved in furnishing such items and services2 7vi7 the identity of the health plan or health insurance issuer1 provider1 or facility1 with respect to the notification2 7vii7 the length of time in making each determination2 7viii7 the compensation paid to the certified ,,idr entity with respect to the settlement or determination2 and 7ix7 any other information specified by the ,secretary4 7,c7 ,,idr entity requirements ,for #bjbb and each subsequent year1 an ,,idr entity1 as a condition of certification as an ,,idr entity1 shall submit to the ,secretary such information as the ,secretary determines necessary to carry out the provisions of this subsection4 7,d7 ,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 facility4 7#h7 ,administrative fee 7,a7 ,in general ,each party to a determination under paragraph 7#e7 to which an entity is selected under paragraph 7#c7 in a year shall pay to the ,secretary1 at such time and in such manner as specified by the ,secretary1 a fee for participating in the ,,idr process with respect to such determination in an amount described in subparagraph 7,b7 for such year4 7,b7 ,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 process4 7#i7 ,waiver authority ,the ,secretary may modify any deadline or other timing requirement specified under this subsection 7other than the establishment date for the ,,idr process under paragraph 7#b77;,a7 and other than under paragraph 7#f77 in cases of extenuating circumstances1 as specified by the ,secretary1 or to ensure that all claims that occur during a #ij-;day period described in paragraph 7#e77;,e77ii71 but with respect to which a notification is not permitted by reason of such paragraph to be submitted under paragraph 7#a77;,b7 during such period1 are eligible for the ,,idr process4 4 7c7 ,,irc ,section #ihaf of the ,internal ,revenue ,code of #aihf1 as added by section #ajb1 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following new subsection3 7c7 ,determination of out-of-network rates to be paid by health plans2 ,independent dispute resolution process 7#a7 ,determination through open negotiation 7,a7 ,in general ,with respect to an item or service furnished in a year by a nonparticipating provider or a nonparticipating facility1 with respect to a group health plan1 in a ,state described in subsection 7a77#c77,k77ii7 with respect to such plan and provider or facility1 and for which a payment is required to be made by the plan pursuant to subsection 7a77#a7 or 7b77#a71 the provider or facility 7as applicable7 or plan may1 during the #cj-;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 service1 initiate open negotiations under this paragraph between such provider or facility and plan for purposes of determining1 during the open negotiation period1 an amount agreed on by such provider or facility1 respectively1 and such plan for payment 7including any cost-sharing7 for such item or service4 ,for purposes of this subsection1 the open negotiation period1 with respect to an item or service1 is the #cj-;day period beginning on the date of initiation of the negotiations with respect to such item or service4 7,b7 ,accessing independent dispute resolution process in case of failed negotiations ,in the case of open negotiations pursuant to subparagraph 7,a71 with respect to an item or service1 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 service1 the provider or facility 7as applicable7 or group health plan that was party to such negotiations may1 during the #d-;day period beginning on the day after such open negotiation period1 initiate the independent dispute resolution process under paragraph 7#b7 with respect to such item or service4 ,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 7containing such information as specified by the ,secretary7 and for purposes of this subsection1 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 ,secretary4 7#b7 ,independent dispute resolution process available in case of failed open negotiations 7,a7 ,establishment ,not later than #a year after the date of the enactment of this subsection1 the ,secretary1 jointly with the ,secretary of ,health and ,human ,services and the ,secretary of ,labor1 shall establish by regulation one independent dispute resolution process 7referred to in this subsection as the ,,idr process7 under which1 in the case of an item or service with respect to which a provider or facility 7as applicable7 or group health plan submits a notification under paragraph 7#a77;,b7 7in this subsection referred to as a qualified ,,idr item or service71 a certified ,,idr entity under paragraph 7#d7 determines1 subject to subparagraph 7,b7 and in accordance with the succeeding provisions of this subsection1 the amount of payment under the plan for such item or service furnished by such provider or facility4 7,b7 ,authority to continue negotiations ,under the independent dispute resolution process1 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 7#d7 makes such determination under paragraph 7#e71 such amount shall be treated for purposes of subsection 7a77#c77,k77ii7 as the amount agreed to by such parties for such item or service4 ,in the case of an agreement described in the previous sentence1 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 determination4 7,c7 ,clarification ,a nonparticipating provider may not1 with respect to an item or service furnished by such provider1 submit a notification under paragraph 7#a77;,b7 if such provider is exempt from the requirement under subsection 7a7 of section #bgii;,b-#b of the ,public ,health ,service ,act with respect to such item or service pursuant to subsection 7b7 of such section4 7#c7 ,treatment of batching of items and services 7,a7 ,in general ,under the ,,idr process1 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 7including minimizing costs7 of the ,,idr process4 ,such items and services may be so considered only if-- 7i7 such items and services to be included in such determination are furnished by the same provider or facility2 7ii7 payment for such items and services is required to be made by the same group health plan or health insurance issuer2 7iii7 such items and services are related to the treatment of a similar condition2 and 7iv7 such items and services were furnished during the #cj 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 ,secretary1 for use in limited situations1 such as by the consent of the parties or in the case of low-volume items and services1 to encourage procedural efficiency and minimize health plan and provider administrative costs4 7,b7 ,treatment of bundled payments ,in carrying out subparagraph 7,a71 the ,secretary shall provide that1 in the case of items and services which are included by a provider or facility as part of a bundled payment1 such items and services included in such bundled payment may be part of a single determination under this subsection4 7#d7 ,certification and selection of ,,idr entities 7,a7 ,in general ,the ,secretary1 jointly with the ,secretary of ,health and ,human ,services and the ,secretary of ,labor1 shall establish a process to certify 7including to recertify7 entities under this paragraph4 ,such process shall ensure that an entity so certified-- 7i7 has 7directly or through contracts or other arrangements7 sufficient medical1 legal1 and other expertise and sufficient staffing to make determinations described in paragraph 7#e7 on a timely basis2 7ii7 is not-- 7,i7 a group health plan1 provider1 or facility2 7,,ii7 an affiliate or a subsidiary of such a group health plan1 provider1 or facility2 or 7,,iii7 an affiliate or subsidiary of a professional or trade association of such group health plans or of providers or facilities2 7iii7 carries out the responsibilities of such an entity in accordance with this subsection2 7iv7 meets appropriate indicators of fiscal integrity2 7v7 maintains the confidentiality 7in accordance with regulations promulgated by the ,secretary7 of individually identifiable health information obtained in the course of conducting such determinations2 7vi7 does not under the ,,idr process carry out any determination with respect to which the entity would not pursuant to subclause 7,i71 7,,ii71 or 7,,iii7 of subparagraph 7,f77i7 be eligible for selection2 and 7vii7 meets such other requirements as determined appropriate by the ,secretary4 7,b7 ,period of certification ,subject to subparagraph 7,c71 each certification 7including a recertification7 of an entity under the process described in subparagraph 7,a7 shall be for a #e-year period4 7,c7 ,revocation ,a certification of an entity under this paragraph may be revoked under the process described in subparagraph 7,a7 if the entity has a pattern or practice of noncompliance with any of the requirements described in such subparagraph4 7,d7 ,petition for denial or withdrawal ,the process described in subparagraph 7,a7 shall ensure that an individual1 provider1 facility1 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 subsection4 7,e7 ,sufficient number of entities ,the process described in subparagraph 7,a7 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 7#e74 7,f7 ,selection of certified ,,idr entity ,the ,secretary shall1 with respect to the determination of the amount of payment under this subsection of an item or service1 provide for a method-- 7i7 that allows for the group health plan and the nonparticipating provider or the nonparticipating emergency facility 7as applicable7 involved in a notification under paragraph 7#a77;,b7 to jointly select1 not later than the last day of the #c-;business day period following the date of the initiation of the process with respect to such item or service1 for purposes of making such determination1 an entity certified under this paragraph that-- 7,i7 is not a party to such determination or an employee or agent of such a party2 7,,ii7 does not have a material familial1 financial1 or professional relationship with such a party2 and 7,,iii7 does not otherwise have a conflict of interest with such a party 7as determined by the ,secretary72 and 7ii7 that requires1 in the case such parties do not make such selection by such last day1 the ,secretary to1 not later than #f business days after such date of initiation-- 7,i7 select such an entity that satisfies subclauses 7,i7 through 7,,iii7 of clause 7i772 and 7,,ii7 provide notification of such selection to the provider or facility 7as applicable7 and the plan or issuer 7as applicable7 party to such determination4 ,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 determination4 7#e7 ,payment determination 7,a7 ,in general ,not later than #cj days after the date of selection of the certified ,,idr entity with respect to a determination for a qualified ,,idr item or service1 the certified ,,idr entity shall-- 7i7 taking into account the considerations specified in subparagraph 7,c71 select one of the offers submitted under subparagraph 7,b7 to be the amount of payment for such item or service determined under this subsection for purposes of subsection 7a77#a7 or 7b77#a71 as applicable2 and 7ii7 notify the provider or facility and the group health plan party to such determination of the offer selected under clause 7i74 7,b7 ,submission of offers ,not later than #aj days after the date of selection of the certifed ,,idr entity with respect to a determination for a qualified ,,idr item or service1 the provider or facility and the group health plan party to such determination-- 7i7 shall each submit to the certified ,,idr entity with respect to such determination-- 7,i7 an offer for a payment amount for such item or service furnished by such provider or facility2 and 7,,ii7 such information as requested by the certified ,,idr entity relating to such offer2 and 7ii7 may each submit to the certified ,,idr entity with respect to such determination any information relating to such offer submitted by either party1 including information relating to any circumstance described in subparagraph 7,c77ii74 7,c7 ,considerations in determination 7i7 ,in general ,in determining which offer is the payment to be applied pursuant to this paragraph1 the certified ,,idr entity1 with respect to the determination for a qualified ,,idr item or service shall consider-- 7,i7 the qualifying payment amounts 7as defined in subsection 7a77#c77;,e77 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 7as defined by the ,secretary for purposes of such subsection7 as such qualified ,,idr item or service2 and 7,,ii7 subject to subparagraph 7,d71 information on any circumstance described in clause 7ii71 such information as requested in subparagraph 7,b77i77,,ii71 and any additional information provided in subparagraph 7,b77ii74 7ii7 ,additional circumstances ,for purposes of clause 7i77,,ii71 the circumstances described in this clause are1 with respect to a qualified ,,idr item or service of a nonparticipating provider1 nonparticipating emergency facility1 or group health plan1 the following3 7,i7 ,the level of training1 experience1 and quality and outcomes measurements of the provider or facility that furnished such item or service 7such as those endorsed by the consensus-based entity authorized in section #ahij of the ,social ,security ,act74 7,,ii7 ,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 provided4 7,,iii7 ,the acuity of the individual receiving such item or service or the complexity of furnishing such item or service to such individual4 7,,iv7 ,the teaching status1 case mix1 and scope of services of the nonparticipating facility that furnished such item or service4 7,v7 ,demonstrations of good faith efforts 7or lack of good faith efforts7 made by the nonparticipating provider or nonparticipating facility or the plan or issuer to enter into network agreements and1 if applicable1 contracted rates between the provider or facility1 as applicable1 and the plan or issuer1 as applicable1 during the previous #d plan years4 7,d7 ,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 facility1 the certified ,,idr entity with respect to a determination shall not consider usual and customary charges1 the amount that would have been billed by such provider or facility with respect to such items and services had the provisions of section #bgii;,b-#a of the ,public ,health ,service ,act or #bgii;,b-#b of such ,act 7as applicable7 not applied1 or the payment or reimbursement rate for such items and services furnished by such provider or facility payable by a public payor1 including under the ,medicare program under title ,,xviii of the ,social ,security ,act1 under the ,medicaid program under title ,,xix of such ,act1 under the ,children's ,health ,insurance ,program under title ,,xxi of such ,act1 under the ,,tricare program under chapter #ee of title #aj1 ,united ,states ,code1 or under chapter #ag of title #ch1 ,united ,states ,code4 7,e7 ,effects of determination 7i7 ,in general ,a determination of a certified ,,idr entity under subparagraph 7,a7-- 7,i7 shall be binding upon the parties involved1 in the absence of a fraudulent claim or evidence of misrepresentation of facts presented to the ,,idr entity involved regarding such claim2 and 7,,ii7 shall not be subject to judicial review1 except in a case described in any of paragraphs 7#a7 through 7#d7 of section #aj7;a7 of title #i1 ,united ,states ,code4 7ii7 ,suspension of certain subsequent ,,idr requests ,in the case of a determination of a certified ,,idr entity under subparagraph 7,a71 with respect to an initial notification submitted under paragraph 7#a77;,b7 with respect to qualified ,,idr items and services and the two parties involved with such notification1 the party that submitted such notification may not submit during the #ij-;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 notification4 7iii7 ,subsequent submission of requests permitted ,in the case of a notification that pursuant to clause 7ii7 is not permitted to be submitted under paragraph 7#a77;,b7 during a #ij-;day period specified in such clause1 if the end of the open negotiation period specified in paragraph 7#a77;,a71 that but for this clause would otherwise apply with respect to such notification1 occurs during such #ij-;day period1 such paragraph 7#a77;,b7 shall be applied as if the reference in such paragraph to the #d-;day period beginning on the day after such open negotiation period were instead a reference to the #cj-;day period beginning on the day after the last day of such #ij-;day period4 7iv7 ,reports ,the ,secretary1 jointly with the ,secretary of ,labor and the ,secretary of the ,health and ,human ,services1 shall examine the impact of the application of clause 7ii7 and whether the application of such clause delays payment determinations or impacts early1 alternative resolution of claims 7such as through open negotiations71 and shall submit to ,congress1 not later than #b years after the date of implementation of such clause an interim report 7and not later than #d years after such date of implementation1 a final report7 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 denial1 low payment1 or down-coding of claims1 or otherwise abuse the #ij-;day period described in such clause1 including recommendations on ways to discourage such a pattern or practice4 7,f7 ,costs of independent dispute resolution process ,in the case of a notification under paragraph 7#a77;,b7 submitted by a nonparticipating provider1 nonparticipating emergency facility1 or group health plan and submitted to a certified ,,idr entity-- 7i7 if such entity makes a determination with respect to such notification under subparagraph 7,a71 the party whose offer is not chosen under such subparagraph shall be responsible for paying all fees charged by such entity2 and 7ii7 if the parties reach a settlement with respect to such notification prior to such a determination1 each party shall pay half of all fees charged by such entity1 unless the parties otherwise agree4 7#f7 ,timing of payment ,the total plan payment required pursuant to subsection 7a77#a7 or 7b77#a71 with respect to a qualified ,,idr item or service for which a determination is made under paragraph 7#e77;,a7 or with respect to an item or service for which a payment amount is determined under open negotiations under paragraph 7#a71 shall be made directly to the nonparticipating provider or facility not later than #cj days after the date on which such determination is made4 7#g7 ,publication of information relating to the ,,idr process 7,a7 ,publication of information ,for each calendar quarter in #bjbb and each calendar quarter in a subsequent year1 the ,secretary shall make available on the public website of the ,department of the ,treasury-- 7i7 the number of notifications submitted under paragraph 7#a77;,b7 during such calendar quarter2 7ii7 the size of the provider practices and the size of the facilities submitting notifications under paragraph 7#a77;,b7 during such calendar quarter2 7iii7 the number of such notifications with respect to which a determination was made under paragraph 7#e77;,a72 7iv7 the information described in subparagraph 7,b7 with respect to each notification with respect to which such a determination was so made2 7v7 the number of times the payment amount determined 7or agreed to7 under this subsection exceeds the qualifying payment amount1 specified by items and services2 7vi7 the amount of expenditures made by the ,secretary during such calendar quarter to carry out the ,,idr process2 7vii7 the total amount of fees paid under paragraph 7#h7 during such calendar quarter2 and 7viii7 the total amount of compensation paid to certified ,,idr entities under paragraph 7#e77;,f7 during such calendar quarter4 7,b7 ,information ,for purposes of subparagraph 7,a71 the information described in this subparagraph is1 with respect to a notification under paragraph 7#a77;,b7 by a nonparticipating provider1 nonparticipating emergency facility1 or group health plan-- 7i7 a description of each item and service included with respect to such notification2 7ii7 the geography in which the items and services with respect to such notification were provided2 7iii7 the amount of the offer submitted under paragraph 7#e77;,b7 by the group health plan and by the nonparticipating provider or nonparticipating emergency facility 7as applicable7 expressed as a percentage of the qualifying payment amount2 7iv7 whether the offer selected by the certified ,,idr entity under paragraph 7#e7 to be the payment applied was the offer submitted by such plan or by such provider or facility 7as applicable7 and the amount of such offer so selected expressed as a percentage of the qualifying payment amount2 7v7 the category and practice specialty of each such provider or facility involved in furnishing such items and services2 7vi7 the identity of the group health plan1 provider1 or facility1 with respect to the notification2 7vii7 the length of time in making each determination2 7viii7 the compensation paid to the certified ,,idr entity with respect to the settlement or determination2 and 7ix7 any other information specified by the ,secretary4 7,c7 ,,idr entity requirements ,for #bjbb and each subsequent year1 an ,,idr entity1 as a condition of certification as an ,,idr entity1 shall submit to the ,secretary such information as the ,secretary determines necessary to carry out the provisions of this subsection4 7,d7 ,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 facility4 7#h7 ,administrative fee 7,a7 ,in general ,each party to a determination under paragraph 7#e7 to which an entity is selected under paragraph 7#c7 in a year shall pay to the ,secretary1 at such time and in such manner as specified by the ,secretary1 a fee for participating in the ,,idr process with respect to such determination in an amount described in subparagraph 7,b7 for such year4 7,b7 ,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 process4 7#i7 ,waiver authority ,the ,secretary may modify any deadline or other timing requirement specified under this subsection 7other than the establishment date for the ,,idr process under paragraph 7#b77;,a7 and other than under paragraph 7#f77 in cases of extenuating circumstances1 as specified by the ,secretary1 or to ensure that all claims that occur during a #ij-;day period described in paragraph 7#e77;,e77ii71 but with respect to which a notification is not permitted by reason of such paragraph to be submitted under paragraph 7#a77;,b7 during such period1 are eligible for the ,,idr process4 4 #ajd4 ,health care provider requirements regarding surprise medical billing 7a7 ,in general ,title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg et seq47 is amended by inserting after part ,d1 as added by section #ajb1 the following3 ,e ,health ,care ,provider ,requirements #bgii;,b-#a4 ,balance billing in cases of emergency services 7a7 ,in general ,in the case of a participant1 beneficiary1 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 #a1 #bjbb1 emergency services 7for which benefits are provided under the plan or coverage7 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-- 7#a7 in the case that the hospital or independent freestanding emergency department is a nonparticipating emergency facility1 the emergency department of a hospital or independent freestanding emergency department shall not bill1 and shall not hold liable1 the participant1 beneficiary1 or enrollee for a payment amount for such emergency services so furnished that is more than the cost-sharing requirement for such services 7as determined in accordance with clauses 7ii7 and 7iii7 of section #bgii;,a-#a7;a77#a77;,c71 of section #ihaf7;a77#a77;,c7 of the ,internal ,revenue ,code of #aihf1 and of section #gaf7;a77#a77;,c7 of the ,employee ,retirement ,income ,security ,act of #aigd1 as applicable72 and 7#b7 in the case that such services are furnished by a nonparticipating provider1 the health care provider shall not bill1 and shall not hold liable1 such participant1 beneficiary1 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 7as determined in accordance with clauses 7ii7 and 7iii7 of section #bgii;,a-#a7;a77#a77;,c71 of section #ihaf7;a77#a77;,c7 of the ,internal ,revenue ,code of #aihf1 and of section #gaf7;a77#a77;,c7 of the ,employee ,retirement ,income ,security ,act of #aigd1 as applicable74 7b7 ,definition ,in this section1 the term visit shall have such meaning as applied to such term for purposes of section #bgii;,a-#a7;b74 #bgii;,b-#b4 ,balance billing in cases of non-emergency services performed by nonparticipating providers at certain participating facilities 7a7 ,in general ,subject to subsection 7b71 in the case of a participant1 beneficiary1 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 #a1 #bjbb1 items or services 7other than emergency services to which section #bgii;,b-#a applies7 for which benefits are provided under the plan or coverage at a participating health care facility by a nonparticipating provider1 such provider shall not bill1 and shall not hold liable1 such participant1 beneficiary1 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 for such item or service 7as determined in accordance with subparagraphs 7,a7 and 7,b7 of section #bgii;,a-#a7;b77#a7 of section #ihaf7;b77#a7 of the ,internal ,revenue ,code of #aihf1 and of section #gaf7;b77#a7 of the ,employee ,retirement ,income ,security ,act of #aigd1 as applicable74 7b7 ,exception 7#a7 ,in general ,subsection 7a7 shall not apply with respect to items or services 7other than ancillary services described in paragraph 7#b77 furnished by a nonparticipating provider to a participant1 beneficiary1 or enrollee of a group health plan or group or individual health insurance coverage offered by a health insurance issuer1 if the provider satisfies the notice and consent criteria of subsection 7d74 7#b7 ,ancillary services described ,for purposes of paragraph 7#a71 ancillary services described in this paragraph are1 with respect to a participating health care facility-- 7,a7 subject to paragraph 7#c71 items and services related to emergency medicine1 anesthesiology1 pathology1 radiology1 and neonatology1 whether or not provided by a physician or non-physician practitioner1 and items and services provided by assistant surgeons1 hospitalists1 and intensivists2 7,b7 subject to paragraph 7#c71 diagnostic services 7including radiology and laboratory services72 7,c7 items and services provided by such other specialty practitioners1 as the ,secretary specifies through rulemaking2 and 7,d7 items and services provided by a nonparticipating provider if there is no participating provider who can furnish such item or service at such facility4 7#c7 ,exception ,the ,secretary may1 through rulemaking1 establish a list 7and update such list periodically7 of advanced diagnostic laboratory tests1 which shall not be included as an ancillary service described in paragraph 7#b7 and with respect to which subsection 7a7 would apply4 7c7 ,clarification ,in the case of a nonparticipating provider that satisfies the notice and consent criteria of subsection 7d7 with respect to an item or service 7referred to in this subsection as a covered item or service71 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 unforeseen1 urgent medical needs that arise at the time such covered item or service is furnished4 ,for purposes of the previous sentence1 a covered item or service shall not include an ancillary service described in subsection 7b77#b74 7d7 ,notice and consent to be treated by a nonparticipating provider or nonparticipating facility 7#a7 ,in general ,a nonparticipating provider or nonparticipating facility satisfies the notice and consent criteria of this subsection1 with respect to items or services furnished by the provider or facility to a participant1 beneficiary1 or enrollee of a group health plan or group or individual health insurance coverage offered by a health insurance issuer1 if the provider 7or1 if applicable1 the participating health care facility on behalf of such provider7 or nonparticipating facility-- 7,a7 in the case that the participant1 beneficiary1 or enrollee makes an appointment to be furnished such items or services at least #gb hours prior to the date on which the individual is to be furnished such items or services1 provides to the participant1 beneficiary1 or enrollee 7or to an authorized representative of the participant1 beneficiary1 or enrollee7 not later than #gb hours prior to the date on which the individual is furnished such items or services 7or1 in the case that the participant1 beneficiary1 or enrollee makes such an appointment within #gb hours of when such items or services are to be furnished1 provides to the participant1 beneficiary1 or enrollee 7or to an authorized representative of the participant1 beneficiary1 or enrollee7 on such date the appointment is made71 a written notice in paper or electronic form1 as selected by the participant1 beneficiary1 or enrollee1 7and including electronic notification1 as practicable7 specified by the ,secretary1 not later than ,july #a1 #bjba1 through guidance 7which shall be updated as determined necessary by the ,secretary7 that-- 7i7 contains the information required under paragraph 7#b72 7ii7 clearly states that consent to receive such items and services from such nonparticipating provider or nonparticipating facility is optional and that the participant1 beneficiary1 or enrollee may instead seek care from a participating provider or at a participating facility1 with respect to such plan or coverage1 as applicable1 in which case the cost-sharing responsibility of the participant1 beneficiary1 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 facility1 as applicable with respect to such plan2 and 7iii7 is available in the #ae most common languages in the geographic region of the applicable facility2 7,b7 obtains from the participant1 beneficiary1 or enrollee 7or from such an authorized representative7 the consent described in paragraph 7#c7 to be treated by a nonparticipating provider or nonparticipating facility2 and 7,c7 provides a signed copy of such consent to the participant1 beneficiary1 or enrollee through mail or email 7as selected by the participant1 beneficiary1 or enrollee74 7#b7 ,information required under written notice ,for purposes of paragraph 7#a77;,a77i71 the information described in this paragraph1 with respect to a nonparticipating provider or nonparticipating facility and a participant1 beneficiary1 or enrollee of a group health plan or group or individual health insurance coverage offered by a health insurance issuer1 is each of the following3 7,a7 ,notification1 as applicable1 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 plan4 7,b7 ,notification of the good faith estimated amount that such provider or facility may charge the participant1 beneficiary1 or enrollee for such items and services involved1 including a notification that the provision of such estimate or consent to be treated under paragraph 7#c7 does not constitute a contract with respect to the charges estimated for such items and services4 7,c7 ,in the case of a participating facility and a nonparticipating provider1 a list of any participating providers at the facility who are able to furnish such items and services involved and notification that the participant1 beneficiary1 or enrollee may be referred1 at their option1 to such a participating provider4 7,d7 ,information about whether prior authorization or other care management limitations may be required in advance of receiving such items or services at the facility4 7#c7 ,consent described to be treated by a nonparticipating provider or nonparticipating facility ,for purposes of paragraph 7#a77;,b71 the consent described in this paragraph1 with respect to a participant1 beneficiary1 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 facility1 is a document specified by the ,secretary1 in consultation with the ,secretary of ,labor1 through guidance that shall be signed by the participant1 beneficiary1 or enrollee before such items or services are furnished and that -- 7,a7 acknowledges 7in clear and understandable language7 that the participant1 beneficiary1 or enrollee has been-- 7i7 provided with the written notice under paragraph 7#a77;,a72 7ii7 informed that the payment of such charge by the participant1 beneficiary1 or enrollee may not accrue toward meeting any limitation that the plan or coverage places on cost-sharing1 including an explanation that such payment may not apply to an in-network deductible applied under the plan or coverage2 and 7iii7 provided the opportunity to receive the written notice under paragraph 7#a77;,a7 in the form selected by the participant1 beneficiary or enrollee2 and 7,b7 documents the date on which the participant1 beneficiary1 or enrollee received the written notice under paragraph 7#a77;,a7 and the date on which the individual signed such consent to be furnished such items or services by such provider or facility4 7#d7 ,rule of construction ,the consent described in paragraph 7#c71 with respect to a participant1 beneficiary1 or enrollee of a group health plan or group or individual health insurance coverage offered by a health insurance issuer1 shall constitute only consent to the receipt of the information provided pursuant to this subsection and shall not constitute a contractual agreement of the participant1 beneficiary1 or enrollee to any estimated charge or amount included in such information4 7e7 ,retention of certain documents ,a nonparticipating facility 7with respect to such facility or any nonparticipating provider at such facility7 or a participating facility 7with respect to nonparticipating providers at such facility7 that obtains from a participant1 beneficiary1 or enrollee of a group health plan or group or individual health insurance coverage offered by a health insurance issuer 7or an authorized representative of such participant1 beneficiary1 or enrollee7 a written notice in accordance with subsection 7d77#a77;,b71 with respect to furnishing an item or service to such participant1 beneficiary1 or enrollee1 shall retain such notice for at least a #g-year period after the date on which such item or service is so furnished4 7f7 ,definitions ,in this section3 7#a7 ,the terms nonparticipating provider and participating provider have the meanings given such terms1 respectively1 in subsection 7a77#c7 of section #bgii;,a-#a4 7#b7 ,the term participating health care facility has the meaning given such term in subsection 7b77#b7 of section #bgii;,a-#a4 7#c7 ,the term nonparticipating facility means-- 7,a7 with respect to emergency services 7as defined in section #bgii;,a-#a7;a77#c77;,c77i77 and a group health plan or group or individual health insurance coverage offered by a health insurance issuer1 an emergency department of a hospital1 or an independent freestanding emergency department1 that does not have a contractual relationship with the plan or issuer1 respectively1 with respect to the furnishing of such services under the plan or coverage1 respectively2 and 7,b7 with respect to services described in section #bgii;,a-#a7;a77#c77;,c77ii7 and a group health plan or group or individual health insurance coverage offered by a health insurance issuer1 a hospital or an independent freestanding emergency department1 that does not have a contractual relationship with the plan or issuer1 respectively1 with respect to the furnishing of such services under the plan or coverage1 respectively4 7#d7 ,the term participating facility means-- 7,a7 with respect to emergency services 7as defined in clause 7i7 of section #bgii;,a-#a7;a77#c77;,c77 that are not described in clause7ii7 of such section and a group health plan or group or individual health insurance coverage offered by a health insurance issuer1 an emergency department of a hospital1 or an independent freestanding emergency department1 that has a direct or indirect contractual relationship with the plan or issuer1 respectively1 with respect to the furnishing of such services under the plan or coverage1 respectively2 and 7,b7 with respect to services that pursuant to clause 7ii7 of section #bgii;,a-#a7;a77#c77;,c71 of section #ihaf7;a77#c7 of the ,internal ,revenue ,code of #aihf1 and of section #gaf7;a77#c7 of the ,employee ,retirement ,income ,security ,act of #aigd1 as applicable are included as emergency services 7as defined in clause 7i7 of such section and a group health plan or group or individual health insurance coverage offered by a health insurance issuer1 a hospital or an independent freestanding emergency department1 that has a contractual relationship with the plan or coverage1 respectively1 with respect to the furnishing of such services under the plan or coverage1 respectively4 #bgii;,b-#c4 ,provider requirements with respect to disclosure on patient protections against balance billing ,beginning not later than ,january #a1 #bjbb1 each health care provider and health care facility shall make publicly available1 and 7if applicable7 post on a public website of such provider or facility and provide to individuals who are participants1 beneficiaries1 or enrollees of a group health plan or group or individual health insurance coverage offered by a health insurance issuer a one-page notice 7either postal or electronic mail1 as specified by the participant1 beneficiary1 or enrollee7 in clear and understandable language containing information on-- 7#a7 the requirements and prohibitions of such provider or facility under sections #bgii;,b-#a and #bgii;,b-#b 7relating to prohibitions on balance billing in certain circumstances72 7#b7 any other applicable ,state law requirements on such provider or facility regarding the amounts such provider or facility may1 with respect to an item or service1 charge a participant1 beneficiary1 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 coverage1 respectively1 after receiving payment from the plan or coverage1 respectively1 for such item or service and any applicable cost-sharing payment from such participant1 beneficiary1 or enrollee2 and 7#c7 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 7#a7 or 7#b7 with respect to such individual4 #bgii;,b-#d4 ,enforcement 7a7 ,state enforcement 7#a7 ,state authority ,each ,state may require a provider or health care facility 7including a provider of air ambulance services7 subject to the requirements of this part to satisfy such requirements applicable to the provider or facility4 7#b7 ,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 7#a7 applies with respect to applicable providers and facilities in the ,state1 the ,secretary shall enforce such requirements under subsection 7b7 insofar as they relate to violations of such requirements occurring in such ,state4 7#c7 ,notification of applicable ,secretary ,a ,state may notify the ,secretary of ,labor1 ,secretary of ,health and ,human ,services1 or the ,secretary of the ,treasury1 as applicable1 of instances of violations of sections #bgii;,b-#a1 #bgii;,b-#b1 or #bgii;,b-#e with respect to participants1 beneficiaries1 or enrollees under a group health plan or group or individual health insurance coverage1 as applicable offered by a health insurance issuer and any enforcement actions taken against providers or facilities as a result of such violations1 including the disposition of any such enforcement actions4 7b7 ,secretarial enforcement authority 7#a7 ,in general ,if a provider or facility is found by the ,secretary to be in violation of a requirement to which subsection 7a77#a7 applies1 the ,secretary may apply a civil monetary penalty with respect to such provider or facility 7including1 as applicable1 a provider of air ambulance services7 in an amount not to exceed #aj1jjj per violation4 ,the provisions of subsections 7c7 7with the exception of the first sentence of paragraph 7#a7 of such subsection71 7d71 7e71 7g71 7h71 7k71 and 7l7 of section #aabh;,a 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 penalty1 assessment1 or proceeding under subsection 7a7 of such section4 7#b7 ,limitation ,the provisions of paragraph 7#a7 shall apply to enforcement of a provision 7or provisions7 specified in subsection 7a77#a7 only as provided under subsection 7a77#b74 7#c7 ,complaint process ,the ,secretary shall1 through rulemaking1 establish a process to receive consumer complaints of violations of such provisions and provide a response to such complaints within #fj days of receipt of such complaints4 7#d7 ,exception ,the ,secretary shall waive the penalties described under paragraph 7#a7 with respect to a facility or provider 7including a provider of air ambulance services7 who does not knowingly violate1 and should not have reasonably known it violated1 section #bgii;,b-#a or #bgii;,b-#b 7or1 in the case of a provider of air ambulance services1 section #bgii;,b-#e7 with respect to a participant1 beneficiary1 or enrollee1 if such facility or provider1 within #cj days of the violation1 withdraws the bill that was in violation of such provision and reimburses the health plan or enrollee1 as applicable1 in an amount equal to the difference between the amount billed and the amount allowed to be billed under the provision1 plus interest1 at an interest rate determined by the ,secretary4 7#e7 ,hardship exemption ,the ,secretary may establish a hardship exemption to the penalties under this subsection4 7c7 ,continued applicability of state law ,the sections specified in subsection 7a77#a7 shall not be construed to supersede any provision of ,state law which establishes1 implements1 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 section4 4 7b7 ,secretary of ,labor enforcement 7#a7 ,in general ,part #e of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aaca et seq47 is amended by adding at the end the following new section3 #ebb4 ,coordination of enforcement regarding violations of certain health care provider requirements2 complaint process 7a7 ,investigating violations ,upon receiving a notice from a ,state or the ,secretary of ,health and ,human ,services of violations of sections #bgii;,b-#a1 #bgii;,b-#b1 or #bgii;,b-#e of the ,public ,health ,service ,act1 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 #ejd where appropriate1 as determined by the ,secretary4 ,the ,secretary shall coordinate with ,states and the ,secretary of ,health and ,human ,services1 in accordance with section #ejf and with section #ajd of ,health ,insurance ,portability and ,accountability ,act of #aiif1 where appropriate1 as determined by the ,secretary1 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 issuer4 7b7 ,complaint process ,not later than ,january #a1 #bjbb1 the ,secretary shall ensure a process under which the ,secretary-- 7#a7 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 7a72 and 7#b7 transmits such complaints to ,states or the ,secretary of ,health and ,human ,services 7as determined appropriate by the ,secretary7 for potential enforcement actions4 4 7#b7 ,technical amendment ,the table of contents in section #a of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajja et seq47 is amended by inserting after the item relating to section #eba the following new item3 ,sec4 #ebb4 ,coordination of enforcement regarding violations of certain health care provider requirements2 complaint process4 4 #aje4 ,ending surprise air ambulance bills 7a7 ,group health plans and individual and group health insurance coverage 7#a7 ,,phsa amendments ,part ,d of title ,,xxvii of the ,public ,health ,service ,act1 as added and amended by section #ajb and further amended by the previous provisions of this title1 is further amended by inserting after section #bgii;,a-#a the following3 #bgii;,a-#b4 ,ending surprise air ambulance bills 7a7 ,in general ,in the case of a participant1 beneficiary1 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 7as defined in section #bgii;,a-#a7;a77#c77;,g77 with respect to such plan or coverage1 if such services would be covered if provided by a participating provider 7as defined in such section7 with respect to such plan or coverage-- 7#a7 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 provider1 and any coinsurance or deductible shall be based on rates that would apply for such services if they were furnished by such a participating provider2 7#b7 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 7and such in-network deductible shall be applied7 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 provider2 and 7#c7 the group health plan or health insurance issuer1 respectively1 shall-- 7,a7 not later than #cj calendar days after the bill for such services is transmitted by such provider1 send to the provider1 an initial payment or notice of denial of payment2 and 7,b7 pay a total plan or coverage payment1 in accordance with1 if applicable1 subsection 7b77#f71 directly to such provider furnishing such services to such participant1 beneficiary1 or enrollee that is1 with application of any initial payment under subparagraph 7,a71 equal to the amount by which the out-of-network rate 7as defined in section #bgii;,a-#a7;a77#c77,k77 for such services and year involved exceeds the cost-sharing amount imposed under the plan or coverage1 respectively1 for such services 7as determined in accordance with paragraphs 7#a7 and 7#b774 7b7 ,determination of out-of-network rates to be paid by health plans2 ,independent dispute resolution process 7#a7 ,determination through open negotiation 7,a7 ,in general ,with respect to air ambulance services furnished in a year by a nonparticipating provider1 with respect to a group health plan or health insurance issuer offering group or individual health insurance coverage1 and for which a payment is required to be made by the plan or coverage pursuant to subsection 7a77#c71 the provider or plan or coverage may1 during the #cj-;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 service1 initiate open negotiations under this paragraph between such provider and plan or coverage for purposes of determining1 during the open negotiation period1 an amount agreed on by such provider1 and such plan or coverage for payment 7including any cost-sharing7 for such service4 ,for purposes of this subsection1 the open negotiation period1 with respect to air ambulance services1 is the #cj-;day period beginning on the date of initiation of the negotiations with respect to such services4 7,b7 ,accessing independent dispute resolution process in case of failed negotiations ,in the case of open negotiations pursuant to subparagraph 7,a71 with respect to air ambulance services1 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 services1 the provider or group health plan or health insurance issuer offering group or individual health insurance coverage that was party to such negotiations may1 during the #d-;day period beginning on the day after such open negotiation period1 initiate the independent dispute resolution process under paragraph 7#b7 with respect to such item or service4 ,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 7containing such information as specified by the ,secretary7 and for purposes of this subsection1 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 ,secretary4 7#b7 ,independent dispute resolution process available in case of failed open negotiations 7,a7 ,establishment ,not later than #a year after the date of the enactment of this subsection1 the ,secretary1 jointly with the ,secretary of ,labor and the ,secretary of the ,treasury1 shall establish by regulation one independent dispute resolution process 7referred to in this subsection as the ,,idr process7 under which1 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 7#a77;,b7 7in this subsection referred to as a qualified ,,idr air ambulance services71 a certified ,,idr entity under paragraph 7#d7 determines1 subject to subparagraph 7,b7 and in accordance with the succeeding provisions of this subsection1 the amount of payment under the plan or coverage for such services furnished by such provider4 7,b7 ,authority to continue negotiations ,under the independent dispute resolution process1 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 7#d7 makes such determination under paragraph 7#e71 such amount shall be treated for purposes of section #bgii;,a-#a7;a77#c77,k77ii7 as the amount agreed to by such parties for such services4 ,in the case of an agreement described in the previous sentence1 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 determination4 7,c7 ,clarification ,a nonparticipating provider may not1 with respect to an item or service furnished by such provider1 submit a notification under paragraph 7#a77;,b7 if such provider is exempt from the requirement under subsection 7a7 of section #bgii;,b-#b with respect to such item or service pursuant to subsection 7b7 of such section4 7#c7 ,treatment of batching of services ,the provisions of section #bgii;,a-#a7;c77#c7 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 #bgii;,a-#a7;c7 with respect to items and services described in such section4 7#d7 ,idr entities 7,a7 ,eligibility ,an ,,idr entity certified under this subsection is an ,,idr entity certified under section #bgii;,a-#a7;c77#d74 7,b7 ,selection of certified ,,idr entity ,the provisions of subparagraph 7,f7 of section #bgii;,a-#a7;c77#d7 shall apply with respect to selecting an ,,idr entity certified pursuant to subparagraph 7,a7 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 #bgii;,a-#a7;c7 of an item or service4 ,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 #8certified ,,idr entity' with respect to such determination4 7#e7 ,payment determination 7,a7 ,in general ,not later than #cj days after the date of selection of the certified ,,idr entity with respect to a determination for qualified ,,idr ambulance services1 the certified ,,idr entity shall-- 7i7 taking into account the considerations specified in subparagraph 7,c71 select one of the offers submitted under subparagraph 7,b7 to be the amount of payment for such services determined under this subsection for purposes of subsection 7a77#c72 and 7ii7 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 7i74 7,b7 ,submission of offers ,not later than #aj days after the date of selection of the certified ,,idr entity with respect to a determination for qualified ,,idr air ambulance services1 the provider and the group health plan or health insurance issuer offering group or individual health insurance coverage party to such determination-- 7i7 shall each submit to the certified ,,idr entity with respect to such determination-- 7,i7 an offer for a payment amount for such services furnished by such provider2 and 7,,ii7 such information as requested by the certified ,,idr entity relating to such offer2 and 7ii7 may each submit to the certified ,,idr entity with respect to such determination any information relating to such offer submitted by either party1 including information relating to any circumstance described in subparagraph 7,c77ii74 7,c7 ,considerations in determination 7i7 ,in general ,in determining which offer is the payment to be applied pursuant to this paragraph1 the certified ,,idr entity1 with respect to the determination for a qualified ,,idr air ambulance service shall consider-- 7,i7 the qualifying payment amounts 7as defined in section #bgii;,a-#a7;a77#c77;,e77 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 7as defined by the ,secretary for purposes of such subsection7 as such qualified ,,idr air ambulance service2 and 7,,ii7 subject to clause 7iii71 information on any circumstance described in clause 7ii71 such information as requested in subparagraph 7,b77i77,,ii71 and any additional information provided in subparagraph 7,b77ii74 7ii7 ,additional circumstances ,for purposes of clause 7i77,,ii71 the circumstances described in this clause are1 with respect to air ambulance services included in the notification submitted under paragraph 7#a77;,b7 of a nonparticipating provider1 group health plan1 or health insurance issuer the following3 7,i7 ,the quality and outcomes measurements of the provider that furnished such services4 7,,ii7 ,the acuity of the individual receiving such services or the complexity of furnishing such services to such individual4 7,,iii7 ,the training1 experience1 and quality of the medical personnel that furnished such services4 7,,iv7 ,ambulance vehicle type1 including the clinical capability level of such vehicle4 7,v7 ,population density of the pick up location 7such as urban1 suburban1 rural1 or frontier74 7,,vi7 ,demonstrations of good faith efforts 7or lack of good faith efforts7 made by the nonparticipating provider or nonparticipating facility or the plan or issuer to enter into network agreements and1 if applicable1 contracted rates between the provider and the plan or issuer1 as applicable1 during the previous #d plan years4 7iii7 ,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 provider1 the certified ,,idr entity with respect to such determination shall not consider usual and customary charges1 the amount that would have been billed by such provider with respect to such services had the provisions of section #bgii;,b-#e not applied1 or the payment or reimbursement rate for such services furnished by such provider payable by a public payor1 including under the ,medicare program under title ,,xviii of the ,social ,security ,act1 under the ,medicaid program under title ,,xix of such ,act1 under the ,children's ,health ,insurance ,program under title ,,xxi of such ,act1 under the ,,tricare program under chapter #ee of title #aj1 ,united ,states ,code1 or under chapter #ag of title #ch1 ,united ,states ,code4 7,d7 ,effects of determination ,the provisions of section #bgii;,a-#a7;c77#e77;,e77 shall apply with respect to a determination of a certified ,,idr entity under subparagraph 7,a71 the notification submitted with respect to such determination1 the services with respect to such notification1 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 #bgii;,a-#a7;c77#e77;,e71 the notification submitted with respect to such determination1 the items and services with respect to such notification1 and the parties to such notification4 7,e7 ,costs of independent dispute resolution process ,the provisions of section #bgii;,a-#a7;c77#e77;,f7 shall apply to a notification made under this subsection1 the parties to such notification1 and a determination under subparagraph 7,a7 in the same manner and to the same extent such provisions apply to a notification under section #bgii;,a-#a7;c71 the parties to such notification and a determination made under section #bgii;,a-#a7;c77#e77;,a74 7#f7 ,timing of payment ,the total plan or coverage payment required pursuant to subsection 7a77#c71 with respect to qualified ,,idr air ambulance services for which a determination is made under paragraph 7#e77;,a7 or with respect to an air ambulance service for which a payment amount is determined under open negotiations under paragraph 7#a71 shall be made directly to the nonparticipating provider not later than #cj days after the date on which such determination is made4 7#g7 ,publication of information relating to the ,,idr process 7,a7 ,in general ,for each calendar quarter in #bjbb and each calendar quarter in a subsequent year1 the ,secretary shall publish on the public website of the ,department of ,health and ,human ,services-- 7i7 the number of notifications submitted under the ,,idr process during such calendar quarter2 7ii7 the number of such notifications with respect to which a final determination was made under paragraph 7#e77;,a72 7iii7 the information described in subparagraph 7,b7 with respect to each notification with respect to which such a determination was so made4 7iv7 the number of times the payment amount determined 7or agreed to7 under this subsection exceeds the qualifying payment amount2 7v7 the amount of expenditures made by the ,secretary during such calendar quarter to carry out the ,,idr process2 7vi7 the total amount of fees paid under paragraph 7#h7 during such calendar quarter2 and 7vii7 the total amount of compensation paid to certified ,,idr entities under paragraph 7#e77;,e7during such calendar quarter4 7,b7 ,information with respect to requests ,for purposes of subparagraph 7,a71 the information described in this subparagraph is1 with respect to a notification under the ,,idr process of a nonparticipating provider1 group health plan1 or health insurance issuer offering group or individual health insurance coverage-- 7i7 a description of each air ambulance service included in such notification2 7ii7 the geography in which the services included in such notification were provided2 7iii7 the amount of the offer submitted under paragraph 7#b7 by the group health plan or health insurance issuer 7as applicable7 and by the nonparticipating provider expressed as a percentage of the qualifying payment amount2 7iv7 whether the offer selected by the certified ,,idr entity under paragraph 7#e7 to be the payment applied was the offer submitted by such plan or issuer 7as applicable7 or by such provider and the amount of such offer so selected expressed as a percentage of the qualifying payment amount2 7v7 ambulance vehicle type1 including the clinical capability level of such vehicle2 7vi7 the identity of the group health plan or health insurance issuer or air ambulance provider with respect to such notification2 7vii7 the length of time in making each determination2 7viii7 the compensation paid to the certified ,,idr entity with respect to the settlement or determination2 and 7ix7 any other information specified by the ,secretary4 7,c7 ,,idr entity requirements ,for #bjbb and each subsequent year1 an ,,idr entity1 as a condition of certification as an ,,idr entity1 shall submit to the ,secretary such information as the ,secretary determines necessary for the ,secretary to carry out the provisions of this paragraph4 7,d7 ,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 facility4 7#h7 ,administrative fee 7,a7 ,in general ,each party to a determination under paragraph 7#e7 to which an entity is selected under paragraph 7#d7 in a year shall pay to the ,secretary1 at such time and in such manner as specified by the ,secretary1 a fee for participating in the ,,idr process with respect to such determination in an amount described in subparagraph 7,b7 for such year4 7,b7 ,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 process4 7#i7 ,waiver authority ,the ,secretary may modify any deadline or other timing requirement specified under this subsection 7other than the establishment date for the ,,idr process under paragraph 7#b77;,a7 and other than under paragraph 7#f77 in cases of extenuating circumstances1 as specified by the ,secretary1 or to ensure that all claims that occur during a #ij-;day period applied through paragraph 7#e77;,d71 but with respect to which a notification is not permitted by reason of such paragraph to be submitted under paragraph 7#a77;,b7 during such period1 are eligible for the ,,idr process4 7c7 ,definitions ,for purposes of this section3 7#a7 ,air ambulance service ,the term air ambulance service means medical transport by helicopter or airplane for patients4 7#b7 ,qualifying payment amount ,the term qualifying payment amount has the meaning given such term in section #bgii;,a-#a7;a77#c74 7#c7 ,nonparticipating provider ,the term nonparticipating provider has the meaning given such term in section #bgii;,a-#a7;a77#c74 4 7#b7 ,,erisa amendment 7,a7 ,in general ,subpart ,b of part #g of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aahe et seq471 as amended by section #ajb7;b7 and further amended by the previous provisions of this title1 is further amended by inserting after section #gaf the following3 #gag4 ,ending surprise air ambulance bills 7a7 ,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 7as defined in section #gaf7;a77#c77;,g77 with respect to such plan or coverage1 if such services would be covered if provided by a participating provider 7as defined in such section7 with respect to such plan or coverage-- 7#a7 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 provider1 and any coinsurance or deductible shall be based on rates that would apply for such services if they were furnished by such a participating provider2 7#b7 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 7and such in-network deductible shall be applied7 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 provider2 and 7#c7 the group health plan or health insurance issuer1 respectively1 shall-- 7,a7 not later than #cj calendar days after the bill for such services is transmitted by such provider1 send to the provider1 an initial payment or notice of denial of payment2 and 7,b7 pay a total plan or coverage payment1 in accordance with1 if applicable1 subsection 7b77#f71 directly to such provider furnishing such services to such participant1 beneficiary1 or enrollee that is1 with application of any initial payment under subparagraph 7,a71 equal to the amount by which the out-of-network rate 7as defined in section #gaf7;a77#c77,k77 for such services and year involved exceeds the cost-sharing amount imposed under the plan or coverage1 respectively1 for such services 7as determined in accordance with paragraphs 7#a7 and 7#b774 7b7 ,determination of out-of-network rates to be paid by health plans2 ,independent dispute resolution process 7#a7 ,determination through open negotiation 7,a7 ,in general ,with respect to air ambulance services furnished in a year by a nonparticipating provider1 with respect to a group health plan or health insurance issuer offering group health insurance coverage1 and for which a payment is required to be made by the plan or coverage pursuant to subsection 7a77#c71 the provider or plan or coverage may1 during the #cj-;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 service1 initiate open negotiations under this paragraph between such provider and plan or coverage for purposes of determining1 during the open negotiation period1 an amount agreed on by such provider1 and such plan or coverage for payment 7including any cost-sharing7 for such service4 ,for purposes of this subsection1 the open negotiation period1 with respect to air ambulance services1 is the #cj-;day period beginning on the date of initiation of the negotiations with respect to such services4 7,b7 ,accessing independent dispute resolution process in case of failed negotiations ,in the case of open negotiations pursuant to subparagraph 7,a71 with respect to air ambulance services1 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 services1 the provider or group health plan or health insurance issuer offering group health insurance coverage that was party to such negotiations may1 during the #d-;day period beginning on the day after such open negotiation period1 initiate the independent dispute resolution process under paragraph 7#b7 with respect to such item or service4 ,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 7containing such information as specified by the ,secretary7 and for purposes of this subsection1 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 ,secretary4 7#b7 ,independent dispute resolution process available in case of failed open negotiations 7,a7 ,establishment ,not later than #a year after the date of the enactment of this subsection1 the ,secretary1 jointly with the ,secretary of ,health and ,human ,services and the ,secretary of the ,treasury1 shall establish by regulation one independent dispute resolution process 7referred to in this subsection as the ,,idr process7 under which1 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 7#a77;,b7 7in this subsection referred to as a qualified ,,idr air ambulance services71 a certified ,,idr entity under paragraph 7#d7 determines1 subject to subparagraph 7,b7 and in accordance with the succeeding provisions of this subsection1 the amount of payment under the plan or coverage for such services furnished by such provider4 7,b7 ,authority to continue negotiations ,under the independent dispute resolution process1 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 7#d7 makes such determination under paragraph 7#e71 such amount shall be treated for purposes of section #gaf7;a77#c77,k77ii7 as the amount agreed to by such parties for such services4 ,in the case of an agreement described in the previous sentence1 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 determination4 7,c7 ,clarification ,a nonparticipating provider may not1 with respect to an item or service furnished by such provider1 submit a notification under paragraph 7#a77;,b7 if such provider is exempt from the requirement under subsection 7a7 of section #bgii;,b-#b of the ,public ,health ,service ,act with respect to such item or service pursuant to subsection 7b7 of such section4 7#c7 ,treatment of batching of services ,the provisions of section #gaf7;c77#c7 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 #gaf7;c7 with respect to items and services described in such section4 7#d7 ,idr entities 7,a7 ,eligibility ,an ,,idr entity certified under this subsection is an ,,idr entity certified under section #gaf7;c77#d74 7,b7 ,selection of certified ,,idr entity ,the provisions of subparagraph 7,f7 of section #gaf7;c77#d7 shall apply with respect to selecting an ,,idr entity certified pursuant to subparagraph 7,a7 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 #gaf7;c7 of an item or service4 ,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 #8certified ,,idr entity' with respect to such determination4 7#e7 ,payment determination 7,a7 ,in general ,not later than #cj days after the date of selection of the certified ,,idr entity with respect to a determination for qualified ,,idr ambulance services1 the certified ,,idr entity shall-- 7i7 taking into account the considerations specified in subparagraph 7,c71 select one of the offers submitted under subparagraph 7,b7 to be the amount of payment for such services determined under this subsection for purposes of subsection 7a77#c72 and 7ii7 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 7i74 7,b7 ,submission of offers ,not later than #aj days after the date of selection of the certified ,,idr entity with respect to a determination for qualified ,,idr air ambulance services1 the provider and the group health plan or health insurance issuer offering group health insurance coverage party to such determination-- 7i7 shall each submit to the certified ,,idr entity with respect to such determination-- 7,i7 an offer for a payment amount for such services furnished by such provider2 and 7,,ii7 such information as requested by the certified ,,idr entity relating to such offer2 and 7ii7 may each submit to the certified ,,idr entity with respect to such determination any information relating to such offer submitted by either party1 including information relating to any circumstance described in subparagraph 7,c77ii74 7,c7 ,considerations in determination 7i7 ,in general ,in determining which offer is the payment to be applied pursuant to this paragraph1 the certified ,,idr entity1 with respect to the determination for a qualified ,,idr air ambulance service shall consider-- 7,i7 the qualifying payment amounts 7as defined in section #gaf7;a77#c77;,e77 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 7as defined by the ,secretary for purposes of such subsection7 as such qualified ,,idr air ambulance service2 and 7,,ii7 subject to clause 7iii71 information on any circumstance described in clause 7ii71 such information as requested in subparagraph 7,b77i77,,ii71 and any additional information provided in subparagraph 7,b77ii74 7ii7 ,additional circumstances ,for purposes of clause 7i77,,ii71 the circumstances described in this clause are1 with respect to air ambulance services included in the notification submitted under paragraph 7#a77;,b7 of a nonparticipating provider1 group health plan1 or health insurance issuer the following3 7,i7 ,the quality and outcomes measurements of the provider that furnished such services4 7,,ii7 ,the acuity of the individual receiving such services or the complexity of furnishing such services to such individual4 7,,iii7 ,the training1 experience1 and quality of the medical personnel that furnished such services4 7,,iv7 ,ambulance vehicle type1 including the clinical capability level of such vehicle4 7,v7 ,population density of the pick up location 7such as urban1 suburban1 rural1 or frontier74 7,,vi7 ,demonstrations of good faith efforts 7or lack of good faith efforts7 made by the nonparticipating provider or nonparticipating facility or the plan or issuer to enter into network agreements and1 if applicable1 contracted rates between the provider and the plan or issuer1 as applicable1 during the previous #d plan years4 7iii7 ,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 provider1 the certified ,,idr entity with respect to such determination shall not consider usual and customary charges1 the amount that would have been billed by such provider with respect to such services had the provisions of section #bgii;,b-#e of the ,public ,health ,service ,act not applied1 or the payment or reimbursement rate for such services furnished by such provider payable by a public payor1 including under the ,medicare program under title ,,xviii of the ,social ,security ,act1 under the ,medicaid program under title ,,xix of such ,act1 under the ,children's ,health ,insurance ,program under title ,,xxi of such ,act1 under the ,,tricare program under chapter #ee of title #aj1 ,united ,states ,code1 or under chapter #ag of title #ch1 ,united ,states ,code4 7,d7 ,effects of determination ,the provisions of section #gaf7;c77#e77;,e77 shall apply with respect to a determination of a certified ,,idr entity under subparagraph 7,a71 the notification submitted with respect to such determination1 the services with respect to such notification1 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 #gaf7;c77#e77;,e71 the notification submitted with respect to such determination1 the items and services with respect to such notification1 and the parties to such notification4 7,e7 ,costs of independent dispute resolution process ,the provisions of section #gaf7;c77#e77;,f7 shall apply to a notification made under this subsection1 the parties to such notification1 and a determination under subparagraph 7,a7 in the same manner and to the same extent such provisions apply to a notification under section #gaf7;c71 the parties to such notification and a determination made under section #gaf7;c77#e77;,a74 7#f7 ,timing of payment ,the total plan or coverage payment required pursuant to subsection 7a77#c71 with respect to qualified ,,idr air ambulance services for which a determination is made under paragraph 7#e77;,a7 or with respect to air ambulance services for which a payment amount is determined under open negotiations under paragraph 7#a71 shall be made directly to the nonparticipating provider not later than #cj days after the date on which such determination is made4 7#g7 ,publication of information relating to the ,,idr process 7,a7 ,in general ,for each calendar quarter in #bjbb and each calendar quarter in a subsequent year1 the ,secretary shall publish on the public website of the ,department of ,labor-- 7i7 the number of notifications submitted under the ,,idr process during such calendar quarter2 7ii7 the number of such notifications with respect to which a final determination was made under paragraph 7#e77;,a72 7iii7 the information described in subparagraph 7,b7 with respect to each notification with respect to which such a determination was so made4 7iv7 the number of times the payment amount determined 7or agreed to7 under this subsection exceeds the qualifying payment amount2 7v7 the amount of expenditures made by the ,secretary during such calendar quarter to carry out the ,,idr process2 7vi7 the total amount of fees paid under paragraph 7#h7 during such calendar quarter2 and 7vii7 the total amount of compensation paid to certified ,,idr entities under paragraph 7#e77;,e7during such calendar quarter4 7,b7 ,information with respect to requests ,for purposes of subparagraph 7,a71 the information described in this subparagraph is1 with respect to a notification under the ,,idr process of a nonparticipating provider1 group health plan1 or health insurance issuer offering group health insurance coverage-- 7i7 a description of each air ambulance service included in such notification2 7ii7 the geography in which the services included in such notification were provided2 7iii7 the amount of the offer submitted under paragraph 7#b7 by the group health plan or health insurance issuer 7as applicable7 and by the nonparticipating provider expressed as a percentage of the qualifying payment amount2 7iv7 whether the offer selected by the certified ,,idr entity under paragraph 7#e7 to be the payment applied was the offer submitted by such plan or issuer 7as applicable7 or by such provider and the amount of such offer so selected expressed as a percentage of the qualifying payment amount2 7v7 ambulance vehicle type1 including the clinical capability level of such vehicle2 7vi7 the identity of the group health plan or health insurance issuer or air ambulance provider with respect to such notification2 7vii7 the length of time in making each determination2 7viii7 the compensation paid to the certified ,,idr entity with respect to the settlement or determination2 and 7ix7 any other information specified by the ,secretary4 7,c7 ,,idr entity requirements ,for #bjbb and each subsequent year1 an ,,idr entity1 as a condition of certification as an ,,idr entity1 shall submit to the ,secretary such information as the ,secretary determines necessary for the ,secretary to carry out the provisions of this paragraph4 7,d7 ,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 facility4 7#h7 ,administrative fee 7,a7 ,in general ,each party to a determination under paragraph 7#e7 to which an entity is selected under paragraph 7#d7 in a year shall pay to the ,secretary1 at such time and in such manner as specified by the ,secretary1 a fee for participating in the ,,idr process with respect to such determination in an amount described in subparagraph 7,b7 for such year4 7,b7 ,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 process4 7#i7 ,waiver authority ,the ,secretary may modify any deadline or other timing requirement specified under this subsection 7other than the establishment date for the ,,idr process under paragraph 7#b77;,a7 and other than under paragraph 7#f77 in cases of extenuating circumstances1 as specified by the ,secretary1 or to ensure that all claims that occur during a #ij-;day period applied through paragraph 7#e77;,d71 but with respect to which a notification is not permitted by reason of such paragraph to be submitted under paragraph 7#a77;,b7 during such period1 are eligible for the ,,idr process4 7c7 ,definition ,for purposes of this section3 7#a7 ,air ambulance services ,the term air ambulance service means medical transport by helicopter or airplane for patients4 7#b7 ,qualifying payment amount ,the term qualifying payment amount has the meaning given such term in section #gaf7;a77#c74 7#c7 ,nonparticipating provider ,the term nonparticipating provider has the meaning given such term in section #gaf7;a77#c74 4 7#c7 ,,irc amendments 7,a7 ,in general ,subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf1 as amended by section #ajb7;c7 and further amended by the previous provisions of this title1 is further amended by inserting after section #ihaf the following3 #ihag4 ,ending surprise air ambulance bills 7a7 ,in general ,in the case of a participant or beneficiary in a group health plan who receives air ambulance services from a nonparticipating provider 7as defined in section #ihaf7;a77#c77;,g77 with respect to such plan1 if such services would be covered if provided by a participating provider 7as defined in such section7 with respect to such plan-- 7#a7 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 provider1 and any coinsurance or deductible shall be based on rates that would apply for such services if they were furnished by such a participating provider2 7#b7 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 7and such in-network deductible shall be applied7 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 provider2 and 7#c7 the group health plan shall-- 7,a7 not later than #cj calendar days after the bill for such services is transmitted by such provider1 send to the provider1 an initial payment or notice of denial of payment2 and 7,b7 pay a total plan payment1 in accordance with1 if applicable1 subsection 7b77#f71 directly to such provider furnishing such services to such participant1 beneficiary1 or enrollee that is1 with application of any initial payment under subparagraph 7,a71 equal to the amount by which the out-of-network rate 7as defined in section #ihaf7;a77#c77,k77 for such services and year involved exceeds the cost-sharing amount imposed under the plan for such services 7as determined in accordance with paragraphs 7#a7 and 7#b774 7b7 ,determination of out-of-network rates to be paid by health plans2 ,independent dispute resolution process 7#a7 ,determination through open negotiation 7,a7 ,in general ,with respect to air ambulance services furnished in a year by a nonparticipating provider1 with respect to a group health plan1 and for which a payment is required to be made by the plan pursuant to subsection 7a77#c71 the provider or plan may1 during the #cj-;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 service1 initiate open negotiations under this paragraph between such provider and plan for purposes of determining1 during the open negotiation period1 an amount agreed on by such provider1 and such plan for payment 7including any cost-sharing7 for such service4 ,for purposes of this subsection1 the open negotiation period1 with respect to air ambulance services1 is the #cj-;day period beginning on the date of initiation of the negotiations with respect to such services4 7,b7 ,accessing independent dispute resolution process in case of failed negotiations ,in the case of open negotiations pursuant to subparagraph 7,a71 with respect to air ambulance services1 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 services1 the provider or group health plan that was party to such negotiations may1 during the #d-;day period beginning on the day after such open negotiation period1 initiate the independent dispute resolution process under paragraph 7#b7 with respect to such services4 ,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 7containing such information as specified by the ,secretary7 and for purposes of this subsection1 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 ,secretary4 7#b7 ,independent dispute resolution process available in case of failed open negotiations 7,a7 ,establishment ,not later than #a year after the date of the enactment of this subsection1 the ,secretary1 jointly with the ,secretary of ,health and ,human ,services and the ,secretary of ,labor1 shall establish by regulation one independent dispute resolution process 7referred to in this subsection as the ,,idr process7 under which1 in the case of air ambulance services with respect to which a provider or group health plan submits a notification under paragraph 7#a77;,b7 7in this subsection referred to as a qualified ,,idr air ambulance services71 a certified ,,idr entity under paragraph 7#d7 determines1 subject to subparagraph 7,b7 and in accordance with the succeeding provisions of this subsection1 the amount of payment under the plan for such services furnished by such provider4 7,b7 ,authority to continue negotiations ,under the independent dispute resolution process1 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 7#d7 makes such determination under paragraph 7#e71 such amount shall be treated for purposes of section #ihaf7;a77#c77,k77ii7 as the amount agreed to by such parties for such services4 ,in the case of an agreement described in the previous sentence1 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 determination4 7,c7 ,clarification ,a nonparticipating provider may not1 with respect to an item or service furnished by such provider1 submit a notification under paragraph 7#a77;,b7 if such provider is exempt from the requirement under subsection 7a7 of section #bgii;,b-#b of the ,public ,health ,service ,act with respect to such item or service pursuant to subsection 7b7 of such section4 7#c7 ,treatment of batching of services ,the provisions of section #ihaf7;c77#c7 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 #ihaf7;c7 with respect to items and services described in such section4 7#d7 ,idr entities 7,a7 ,eligibility ,an ,,idr entity certified under this subsection is an ,,idr entity certified under section #ihaf7;c77#d74 7,b7 ,selection of certified ,,idr entity ,the provisions of subparagraph 7,f7 of section #ihaf7;c77#d7 shall apply with respect to selecting an ,,idr entity certified pursuant to subparagraph 7,a7 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 #ihaf7;c7 of an item or service4 ,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 #8certified ,,idr entity' with respect to such determination4 7#e7 ,payment determination 7,a7 ,in general ,not later than #cj days after the date of selection of the certified ,,idr entity with respect to a determination for qualified ,,idr ambulance services1 the certified ,,idr entity shall-- 7i7 taking into account the considerations specified in subparagraph 7,c71 select one of the offers submitted under subparagraph 7,b7 to be the amount of payment for such services determined under this subsection for purposes of subsection 7a77#c72 and 7ii7 notify the provider or facility and the group health plan party to such determination of the offer selected under clause 7i74 7,b7 ,submission of offers ,not later than #aj days after the date of selection of the certified ,,idr entity with respect to a determination for qualified ,,idr air ambulance services1 the provider and the group health plan party to such determination-- 7i7 shall each submit to the certified ,,idr entity with respect to such determination-- 7,i7 an offer for a payment amount for such services furnished by such provider2 and 7,,ii7 such information as requested by the certified ,,idr entity relating to such offer2 and 7ii7 may each submit to the certified ,,idr entity with respect to such determination any information relating to such offer submitted by either party1 including information relating to any circumstance described in subparagraph 7,c77ii74 7,c7 ,considerations in determination 7i7 ,in general ,in determining which offer is the payment to be applied pursuant to this paragraph1 the certified ,,idr entity1 with respect to the determination for a qualified ,,idr air ambulance service shall consider-- 7,i7 the qualifying payment amounts 7as defined in section #ihaf7;a77#c77;,e77 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 7as defined by the ,secretary for purposes of such subsection7 as such qualified ,,idr air ambulance service2 and 7,,ii7 subject to clause 7iii71 information on any circumstance described in clause 7ii71 such information as requested in subparagraph 7,b77i77,,ii71 and any additional information provided in subparagraph 7,b77ii74 7ii7 ,additional circumstances ,for purposes of clause 7i77,,ii71 the circumstances described in this clause are1 with respect to air ambulance services included in the notification submitted under paragraph 7#a77;,b7 of a nonparticipating provider1 or group health plan the following3 7,i7 ,the quality and outcomes measurements of the provider that furnished such services4 7,,ii7 ,the acuity of the individual receiving such services or the complexity of furnishing such services to such individual4 7,,iii7 ,the training1 experience1 and quality of the medical personnel that furnished such services4 7,,iv7 ,ambulance vehicle type1 including the clinical capability level of such vehicle4 7,v7 ,population density of the pick up location 7such as urban1 suburban1 rural1 or frontier74 7,,vi7 ,demonstrations of good faith efforts 7or lack of good faith efforts7 made by the nonparticipating provider or nonparticipating facility or the plan to enter into network agreements and1 if applicable1 contracted rates between the provider and the plan during the previous #d plan years4 7iii7 ,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 provider1 the certified ,,idr entity with respect to such determination shall not consider usual and customary charges1 the amount that would have been billed by such provider with respect to such services had the provisions of section #bgii;,b-#e of the ,public ,health ,service ,act not applied1 or the payment or reimbursement rate for such services furnished by such provider payable by a public payor1 including under the ,medicare program under title ,,xviii of the ,social ,security ,act1 under the ,medicaid program under title ,,xix of such ,act1 under the ,children's ,health ,insurance ,program under title ,,xxi of such ,act1 under the ,,tricare program under chapter #ee of title #aj1 ,united ,states ,code1 or under chapter #ag of title #ch1 ,united ,states ,code4 7,d7 ,effects of determination ,the provisions of section #ihaf7;c77#e77;,e77 shall apply with respect to a determination of a certified ,,idr entity under subparagraph 7,a71 the notification submitted with respect to such determination1 the services with respect to such notification1 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 #ihaf7;c77#e77;,e71 the notification submitted with respect to such determination1 the items and services with respect to such notification1 and the parties to such notification4 7,e7 ,costs of independent dispute resolution process ,the provisions of section #ihaf7;c77#e77;,f7 shall apply to a notification made under this subsection1 the parties to such notification1 and a determination under subparagraph 7,a7 in the same manner and to the same extent such provisions apply to a notification under section #ihaf7;c71 the parties to such notification and a determination made under section #ihaf7;c77#e77;,a74 7#f7 ,timing of payment ,the total plan payment required pursuant to subsection 7a77#c71 with respect to qualified ,,idr air ambulance services for which a determination is made under paragraph 7#e77;,a7 or with respect to air ambulance services for which a payment amount is determined under open negotiations under paragraph 7#a71 shall be made directly to the nonparticipating provider not later than #cj days after the date on which such determination is made4 7#g7 ,publication of information relating to the ,,idr process 7,a7 ,in general ,for each calendar quarter in #bjbb and each calendar quarter in a subsequent year1 the ,secretary shall publish on the public website of the ,department of the ,treasury-- 7i7 the number of notifications submitted under the ,,idr process during such calendar quarter2 7ii7 the number of such notifications with respect to which a final determination was made under paragraph 7#e77;,a72 7iii7 the information described in subparagraph 7,b7 with respect to each notification with respect to which such a determination was so made4 7iv7 the number of times the payment amount determined 7or agreed to7 under this subsection exceeds the qualifying payment amount2 7v7 the amount of expenditures made by the ,secretary during such calendar quarter to carry out the ,,idr process2 7vi7 the total amount of fees paid under paragraph 7#h7 during such calendar quarter2 and 7vii7 the total amount of compensation paid to certified ,,idr entities under paragraph 7#e77;,e7during such calendar quarter4 7,b7 ,information with respect to requests ,for purposes of subparagraph 7,a71 the information described in this subparagraph is1 with respect to a notification under the ,,idr process of a nonparticipating provider1 or group health plan-- 7i7 a description of each air ambulance service included in such notification2 7ii7 the geography in which the services included in such notification were provided2 7iii7 the amount of the offer submitted under paragraph 7#b7 by the group health plan and by the nonparticipating provider expressed as a percentage of the qualifying payment amount2 7iv7 whether the offer selected by the certified ,,idr entity under paragraph 7#e7 to be the payment applied was the offer submitted by such plan or issuer 7as applicable7 or by such provider and the amount of such offer so selected expressed as a percentage of the qualifying payment amount2 7v7 ambulance vehicle type1 including the clinical capability level of such vehicle2 7vi7 the identity of the group health plan or health insurance issuer or air ambulance provider with respect to such notification2 7vii7 the length of time in making each determination2 7viii7 the compensation paid to the certified ,,idr entity with respect to the settlement or determination2 and 7ix7 any other information specified by the ,secretary4 7,c7 ,,idr entity requirements ,for #bjbb and each subsequent year1 an ,,idr entity1 as a condition of certification as an ,,idr entity1 shall submit to the ,secretary such information as the ,secretary determines necessary for the ,secretary to carry out the provisions of this paragraph4 7,d7 ,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 facility4 7#h7 ,administrative fee 7,a7 ,in general ,each party to a determination under paragraph 7#e7 to which an entity is selected under paragraph 7#d7 in a year shall pay to the ,secretary1 at such time and in such manner as specified by the ,secretary1 a fee for participating in the ,,idr process with respect to such determination in an amount described in subparagraph 7,b7 for such year4 7,b7 ,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 process4 7#i7 ,waiver authority ,the ,secretary may modify any deadline or other timing requirement specified under this subsection 7other than the establishment date for the ,,idr process under paragraph 7#b77;,a7 and other than under paragraph 7#f77 in cases of extenuating circumstances1 as specified by the ,secretary1 or to ensure that all claims that occur during a #ij-;day period applied through paragraph 7#e77;,d71 but with respect to which a notification is not permitted by reason of such paragraph to be submitted under paragraph 7#a77;,b7 during such period1 are eligible for the ,,idr process4 7c7 ,definitions ,for purposes of this section3 7#a7 ,air ambulance services ,the term air ambulance service means medical transport by helicopter or airplane for patients4 7#b7 ,qualifying payment amount ,the term qualifying payment amount has the meaning given such term in section #ihaf7;a77#c74 7#c7 ,nonparticipting provider ,the term nonparticipating provider has the meaning given such term in section #ihaf7;a77#c74 4 7,b7 ,clerical amendment ,the table of sections for subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf1 as amended by section #ajb7;c77#c71 is further amended by inserting after the item relating to section #ihaf the following new item3 ,sec4 #ihag4 ,ending surprise air ambulance bills4 4 7#d7 ,effective date ,the amendments made by this subsection shall apply with respect to plan years beginning on or after ,january #a1 #bjbb4 7b7 ,air ambulance provider balance billing ,part ,e of title ,,xxvii of the ,public ,health ,service ,act1 as added and amended by section #ajd1 is further amended by adding at the end the following new section3 #bgii;,b-#e4 ,air ambulance services ,in the case of a participant1 beneficiary1 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 #a1 #bjbb1 air ambulance services 7for which benefits are available under such plan or coverage7 from a nonparticipating provider 7as defined in section #bgii;,a-#a7;a77#c77;,g77 with respect to such plan or coverage1 such provider shall not bill1 and shall not hold liable1 such participant1 beneficiary1 or enrollee for a payment amount for such service furnished by such provider that is more than the cost-sharing amount for such service 7as determined in accordance with paragraphs 7#a7 and 7#b7 of section #bgii;,a-#b7;a71 section #gag7;a7 of the ,employee ,retirement ,income ,security ,act of #aigd1 or section #ihag7;a7 of the ,internal ,revenue ,code of #aihf1 as applicable74 4 #ajf4 ,reporting requirements regarding air ambulance services 7a7 ,reporting requirements for providers of air ambulance services 7#a7 ,in general ,a provider of air ambulance services shall submit to the ,secretary of ,health and ,human ,services and the ,secretary of ,transportation-- 7,a7 not later than the date that is #ij 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 7d71 the information described in paragraph 7#b7 with respect to such plan year2 and 7,b7 not later than the date that is #ij days after the last day of the plan year immediately succeeding the plan year described in subparagraph 7,a71 such information with respect to such immediately succeeding plan year4 7#b7 ,information described ,for purposes of paragraph 7#a71 information described in this paragraph1 with respect to a provider of air ambulance services1 is each of the following3 7,a7 ,cost data1 as determined appropriate by the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of ,transportation1 for air ambulance services furnished by such provider1 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 services4 7,b7 ,the number and location of all air ambulance bases operated by such provider4 7,c7 ,the number and type of aircraft operated by such provider4 7,d7 ,the number of air ambulance transports1 disaggregated by payor mix1 including-- 7i7 7,i7 group health plans2 7,,ii7 health insurance issuers2 and 7,,iii7 ,state and ,federal ,government payors2 and 7ii7 uninsured individuals4 7,e7 ,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 denials4 7,f7 ,the number of emergency and nonemergency air ambulance transports1 disaggregated by air ambulance base and type of aircraft4 7,g7 ,such other information regarding air ambulance services as the ,secretary of ,health and ,human ,services may specify4 7b7 ,reporting requirements for group health plans and health insurance issuers 7#a7 ,,phsa ,part ,d of title ,,xxvii of the ,public ,health ,service ,act1 as added by section #ajb7;a77#a71 is amended by adding after section #bgii;,a-#g1 as added by section #ajb7;a77#b77;,a7 of this ,act1 the following new section3 #bgii;,a-#h4 ,air ambulance report requirements 7a7 ,in general ,each group health plan and health insurance issuer offering group or individual health insurance coverage shall submit to the ,secretary1 jointly with the ,secretary of ,labor and the ,secretary of the ,treasury-- 7#a7 not later than the date that is #ij 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 #ajf7;d7 of the ,no ,surprises ,act1 the information described in subsection 7b7 with respect to such plan year2 and 7#b7 not later than the date that is #ij days after the last day of the calendar year immediately succeeding the plan year described in paragraph 7#a71 such information with respect to such immediately succeeding plan year4 7b7 ,information described ,for purposes of subsection 7a71 information described in this subsection1 with respect to a group health plan or a health insurance issuer offering group or individual health insurance coverage1 is each of the following3 7#a7 ,claims data for air ambulance services furnished by providers of such services1 disaggregated by each of the following factors3 7,a7 ,whether such services were furnished on an emergent or nonemergent basis4 7,b7 ,whether the provider of such services is part of a hospital-owned or sponsored program1 municipality-sponsored program1 hospital independent partnership 7hybrid7 program1 independent program1 or tribally operated program in ,alaska4 7,c7 ,whether the transport in which the services were furnished originated in a rural or urban area4 7,d7 ,the type of aircraft 7such as rotor transport or fixed wing transport7 used to furnish such services4 7,e7 ,whether the provider of such services has a contract with the plan or issuer1 as applicable1 to furnish such services under the plan or coverage1 respectively4 7#b7 ,such other information regarding providers of air ambulance services as the ,secretary may specify4 4 7#b7 ,,erisa 7,a7 ,in general ,subpart ,b of part #g of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aahe et seq47 is amended by adding after section #gbb1 as added by section #ajb7;b77#b77;,a7 of this ,act1 the following new section3 #gbc4 ,air ambulance report requirements 7a7 ,in general ,each group health plan and health insurance issuer offering group health insurance coverage shall submit to the ,secretary1 jointly with the ,secretary of ,health and ,human ,services and the ,secretary of the ,treasury-- 7#a7 not later than the date that is #ij 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 #ajf7;d7 of the ,no ,surprises ,act1 the information described in subsection 7b7 with respect to such plan year2 and 7#b7 not later than the date that is #ij days after the last day of the plan year immediately succeeding the calendar year described in paragraph 7#a71 such information with respect to such immediately succeeding plan year4 7b7 ,information described ,for purposes of subsection 7a71 information described in this subsection1 with respect to a group health plan or a health insurance issuer offering group health insurance coverage1 is each of the following3 7#a7 ,claims data for air ambulance services furnished by providers of such services1 disaggregated by each of the following factors3 7,a7 ,whether such services were furnished on an emergent or nonemergent basis4 7,b7 ,whether the provider of such services is part of a hospital-owned or sponsored program1 municipality-sponsored program1 hospital independent partnership 7hybrid7 program1 independent program1 or tribally operated program in ,alaska4 7,c7 ,whether the transport in which the services were furnished originated in a rural or urban area4 7,d7 ,the type of aircraft 7such as rotor transport or fixed wing transport7 used to furnish such services4 7,e7 ,whether the provider of such services has a contract with the plan or issuer1 as applicable1 to furnish such services under the plan or coverage1 respectively4 7#b7 ,such other information regarding providers of air ambulance services as the ,secretary may specify4 4 7,b7 ,clerical amendment ,the table of contents of the ,employee ,retirement ,income ,security ,act of #aigd is amended by adding after the item relating to section #gbb1 as added by section #ajb7;b7 the following3 ,sec4 #gbc4 ,air ambulance report requirements4 4 7#c7 ,,irc 7,a7 ,in general ,subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf is amended by adding after section #ihbb1 as added by section #ajb7;c77#b77;,a7 of this ,act1 the following new section3 #ihbc4 ,air ambulance report requirements 7a7 ,in general ,each group health plan shall submit to the ,secretary1 jointly with the ,secretary of ,labor and the ,secretary of ,health and ,human ,services-- 7#a7 not later than the date that is #ij 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 #ajf7;d7 of the ,no ,surprises ,act1 the information described in subsection 7b7 with respect to such plan year2 and 7#b7 not later than the date that is #ij days after the last day of the calendar year immediately succeeding the plan year described in paragraph 7#a71 such information with respect to such immediately succeeding plan year4 7b7 ,information described ,for purposes of subsection 7a71 information described in this subsection1 with respect to a group health plan is each of the following3 7#a7 ,claims data for air ambulance services furnished by providers of such services1 disaggregated by each of the following factors3 7,a7 ,whether such services were furnished on an emergent or nonemergent basis4 7,b7 ,whether the provider of such services is part of a hospital-owned or sponsored program1 municipality-sponsored program1 hospital independent partnership 7hybrid7 program1 independent program1 or tribally operated program in ,alaska4 7,c7 ,whether the transport in which the services were furnished originated in a rural or urban area4 7,d7 ,the type of aircraft 7such as rotor transport or fixed wing transport7 used to furnish such services4 7,e7 ,whether the provider of such services has a contract with the plan or issuer1 as applicable1 to furnish such services under the plan or coverage1 respectively4 7#b7 ,such other information regarding providers of air ambulance services as the ,secretary may specify4 4 7,b7 ,clerical amendment ,the table of sections for subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf is amended by adding after the item relating to section #ihbb1 as added by section #ajb7;c71 the following new item3 ,sec4 #ihbc4 ,air ambulance report requirements4 4 7c7 ,publication of comprehensive report 7#a7 ,in general ,not later than the date that is one year after the date described in subsection 7a77#b7 of section #bgii;,a-#h of the ,public ,health ,service ,act1 of section #gbc of the ,employee ,retirement ,income ,security ,act of #aigd1 and of section #ihbc of the ,internal ,revenue ,code of #aihf1 as such sections are added by subsection 7b71 the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of ,transportation 7referred to in this section as the ,secretaries71 shall develop1 and make publicly available 7subject to paragraph 7#c771 a comprehensive report summarizing the information submitted under subsection 7a7 and the amendments made by subsection 7b7 and including each of the following3 7,a7 ,the percentage of providers of air ambulance services that are part of a hospital-owned or sponsored program1 municipality-sponsored program1 hospital-independent partnership 7hybrid7 program1 or independent program4 7,b7 ,an assessment of the extent of competition among providers of air ambulance services on the basis of price and services offered1 and any changes in such competition over time4 7,c7 ,an assessment of the average charges for air ambulance services1 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 services1 and amounts paid out-of-pocket by consumers1 and any changes in such amounts paid over time4 7,d7 ,an assessment of the presence of air ambulance bases in1 or with the capability to serve1 rural areas1 and the relative growth in air ambulance bases in rural and urban areas over time4 7,e7 ,any evidence of gaps in rural access to providers of air ambulance services4 7,f7 ,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 coverage1 respectively4 7,g7 ,an assessment of whether there are instances of unfair1 deceptive1 or predatory practices by providers of air ambulance services in collecting payments from patients to whom such services are furnished1 such as referral of such patients to collections1 lawsuits1 and liens or wage garnishment actions4 7,h7 ,an assessment of whether there are1 within the air ambulance industry1 instances of unreasonable industry concentration1 excessive market domination1 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 region4 7,i7 ,an assessment of the frequency of patient balance billing1 patient referrals to collections1 lawsuits to collect balance bills1 and liens or wage garnishment actions by providers of air ambulance services as part of a collections process across hospital-owned or sponsored programs1 municipality-sponsored programs1 hospital-independent partnership 7hybrid7 programs1 tribally operated programs in ,alaska1 or independent programs1 providers of air ambulance services operated by public agencies 7such as a ,state or county health department71 and other independent providers of air ambulance services4 7,j7 ,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 coverage1 respectively4 7,k7 ,any other cost1 quality1 or other data relating to air ambulance services or the air ambulance industry1 as determined necessary and appropriate by the ,secretaries4 7#b7 ,other sources of information ,the ,secretaries may incorporate information from independent experts or third-party sources in developing the comprehensive report required under paragraph 7#a74 7#c7 ,protection of proprietary information ,the ,secretaries may not make publicly available under this subsection any proprietary information4 7d7 ,rulemaking ,not later than the date that is one year after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of ,transportation1 shall1 through notice and comment rulemaking1 specify the form and manner in which reports described in subsection 7a7 and in the amendments made by subsection 7b7 shall be submitted to such ,secretaries1 taking into consideration 7as applicable and to the extent feasible7 any recommendations included in the report submitted by the ,advisory ,committee on ,air ,ambulance and ,patient ,billing under section #dah7;e7 of the ,,faa ,reauthorization ,act of #bjah 7,public ,law #aae-bed2 #di ,u4,s4,c4 #dbcja note prec474 7e7 ,civil money penalties 7#a7 ,in general ,subject to paragraph 7#b71 a provider of air ambulance services who fails to submit all information required under subsection 7a77#b7 by the date described in subparagraph 7,a7 or 7,b7 of subsection 7a77#a71 as applicable1 shall be subject to a civil money penalty of not more than #aj1jjj4 7#b7 ,exception ,in the case of a provider of air ambulance services that submits only some of the information required under subsection 7a77#b7 by the date described in subparagraph 7,a7 or 7,b7 of subsection 7a77#a71 as applicable1 the ,secretary of ,health and ,human ,services may waive the civil money penalty imposed under paragraph 7#a7 if such provider demonstrates a good faith effort 7as defined by the ,secretary pursuant to regulation7 in working with the ,secretary to submit the remaining information required under subsection 7a77#b74 7#c7 ,procedure ,the provisions of section #aabh;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#g;a71 other than subsections 7a7 and 7b7 and the first sentence of subsection 7c77#a71 shall apply to civil money penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under such section4 7f7 ,unfair and deceptive practices and unfair methods of competition ,the ,secretary of ,transportation may use any information submitted under subsection 7a7 in determining whether a provider of air ambulance services has violated section #dagab7;a7 of title #di1 ,united ,states ,code4 7g7 ,advisory committee on air ambulance quality and patient safety 7#a7 ,establishment ,not later than the date that is #fj days after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services and the ,secretary of ,transportation1 shall establish an ,advisory ,committee on ,air ,ambulance ,quality and ,patient ,safety 7referred to in this subsection as the ,committee7 for the purpose of reviewing options to establish quality1 patient safety1 and clinical capability standards for each clinical capability level of air ambulances4 7#b7 ,membership ,the ,committee shall be composed of the following members3 7,a7 ,the ,secretary of ,health and ,human ,services1 or a designee of the ,secretary1 who shall serve as the ,chair of the ,committee4 7,b7 ,the ,secretary of ,transportation1 or a designee of the ,secretary4 7,c7 ,one representative1 to be appointed by the ,secretary of ,health and ,human ,services1 of each of the following3 7i7 ,state health insurance regulators4 7ii7 ,health care providers4 7iii7 ,group health plans and health insurance issuers offering group or individual health insurance coverage4 7iv7 ,patient advocacy groups4 7v7 ,accrediting bodies with experience in quality measures4 7,d7 ,three representatives of the air ambulance industry1 to be appointed by the ,secretary of ,transportation4 7,e7 ,additional three representatives not covered under subparagraphs 7,a7 through 7,d71 as determined necessary and appropriate by the ,secretary of ,health and ,human ,services and ,secretary of ,transportation4 7#c7 ,first meeting ,not later than the date that is #ij days after the date of the enactment of this ,act1 the ,committee shall hold its first meeting4 7#d7 ,duties ,the ,committee shall study and make recommendations1 as appropriate1 to ,congress regarding each of the following with respect to air ambulance services3 7,a7 ,qualifications of different clinical capability levels and tiering of such levels4 7,b7 ,patient safety and quality standards4 7,c7 ,options for improving service reliability during poor weather1 night conditions1 or other adverse conditions4 7,d7 ,differences between air ambulance vehicle types1 services1 and technologies1 and other flight capability standards1 and the impact of such differences on patient safety4 7,e7 ,clinical triage criteria for air ambulances4 7#e7 ,report ,not later than the date that is #ahj days after the date of the first meeting of the ,committee1 the ,committee1 in consultation with relevant experts and stakeholders1 as appropriate1 shall develop and make publicly available a report on any recommendations submitted to ,congress under paragraph 7#d74 ,the ,committee may update such report1 as determined appropriate by the ,committee4 7h7 ,definitions ,in this section1 the terms group health plan1 health insurance coverage1 individual health insurance coverage1 group health insurance coverage1 and health insurance issuer have the meanings given such terms in section #bgia of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ia74 #ajg4 ,transparency regarding in-network and out-of-network deductibles and out-of-pocket limitations 7a7 ,phsa ,section #bgii;,a-#a of the ,public ,health ,service ,act1 as added by section #ajb7;a7 and amended by section #ajc1 is further amended by adding at the end the following new subsection3 7e7 ,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 include1 in clear writing1 on any physical or electronic plan or insurance identification card issued to the participants1 beneficiaries1 or enrollees in the plan or coverage the following3 7#a7 ,any deductible applicable to such plan or coverage4 7#b7 ,any out-of-pocket maximum limitation applicable to such plan or coverage4 7#c7 ,a telephone number and ,internet website address through which such individual may seek consumer assistance information1 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 4 7b7 ,erisa ,section #gaf of the ,employee ,retirement ,income ,security ,act of #aigd1 as added by section #ajb7;b7 and amended by section #ajc1 is further amended by adding at the end the following new subsection3 7e7 ,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 include1 in clear writing1 on any physical or electronic plan or insurance identification card issued to the participants or beneficiaries in the plan or coverage the following3 7#a7 ,any deductible applicable to such plan or coverage4 7#b7 ,any out-of-pocket maximum limitation applicable to such plan or coverage4 7#c7 ,a telephone number and ,internet website address through which such individual may seek consumer assistance information1 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 4 7c7 ,irc ,section #ihaf of the ,internal ,revenue ,code of #aihf1 as added by section #ajb7;c7 and amended by section #ajc1 is further amended by adding at the end the following new subsection3 7e7 ,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 include1 in clear writing1 on any physical or electronic plan or insurance identification card issued to the participants or beneficiaries in the plan the following3 7#a7 ,any deductible applicable to such plan4 7#b7 ,any out-of-pocket maximum limitation applicable to such plan4 7#c7 ,a telephone number and ,internet website address through which such individual may seek consumer assistance information1 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 plan4 4 7d7 ,effective date ,the amendments made by this subsection shall apply with respect to plan years beginning on or after ,january #a1 #bjbb4 #ajh4 ,implementing protections against provider discrimination ,not later than ,january #a1 #bjbb1 the ,secretary of ,health and ,human ,services1 the ,secretary of ,labor1 and the ,secretary of the ,treasury shall issue a proposed rule implementing the protections of section #bgjf7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#e7;a774 ,the ,secretaries shall accept and consider public comments on any proposed rule issued pursuant to this subsection for a period of #fj days after the date of such issuance4 ,not later than #f months after the date of the conclusion of the comment period1 the ,secretaries shall issue a final rule implementing the protections of section #bgjf7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#e7;a774 #aji4 ,reports 7a7 ,reports in consultation with ,,ftc and ,,ag ,not later than ,january #a1 #bjbc1 and annually thereafter for each of the following #d years1 the ,secretary of ,health and ,human ,services1 in consultation with the ,federal ,trade ,commission and the ,attorney ,general1 shall-- 7#a7 conduct a study on the effects of the provisions of1 including amendments made by1 this ,act on-- 7,a7 any patterns of vertical or horizontal integration of health care facilities1 providers1 group health plans1 or health insurance issuers offering group or individual health insurance coverage2 7,b7 overall health care costs2 and 7,c7 access to health care items and services1 including specialty services1 in rural areas and health professional shortage areas1 as defined in section #ccb of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;e72 7#b7 for purposes of the reports under paragraph 7#c71 in consultation with the ,secretary of ,labor and the ,secretary of the ,treasury1 make recommendations for the effective enforcement of subsections 7a77#a77;,c77iv7 and 7b77#a77;,c7 of section #bgii;,a-#a of the ,public ,health ,service ,act1 subsections 7a77#a77;,c77iv7 and 7b77#a77;,c7 of section #gaf of the ,employee ,retirement ,income ,security ,act of #aigd1 and subsections 7a77#a77;,c77iv7 and 7b77#a77;,c7 of section #ihaf of the ,internal ,revenue ,code of #aihf1 including with respect to potential challenges to addressing anti-competitive consolidation of health care facilities1 providers1 group health plans1 or health insurance issuers offering group or individual health insurance coverage2 and 7#c7 submit a report on such study and including such recommendations to the ,committees on ,energy and ,commerce2 on ,education and ,labor2 on ,ways and ,means2 and on the ,judiciary of the ,house of ,representatives and the ,committees on ,health1 ,education1 ,labor1 and ,pensions2 on ,commerce1 ,science1 and ,transportation2 on ,finance2 and on the ,judiciary of the ,senate4 7b7 ,,gao report on impact of surprise billing provisions ,not later than ,january #a1 #bjbe1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report summarizing the effects of the provisions of this ,act1 including the amendments made by such provisions1 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 issuer1 in fee schedules and amounts for health care services1 and to contracted rates under such plans or coverage4 ,such report shall-- 7#a7 to the extent practicable1 sample a statistically significant group of national health care providers2 7#b7 examine-- 7,a7 provider network participation1 including nonparticipating providers furnishing items and services at participating facilities2 7,b7 health care provider group network participation1 including specialty1 size1 and ownership2 7,c7 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 issuers2 and 7,d7 access to providers1 including in rural and medically underserved communities and health professional shortage areas 7as defined in section #ccb of the ,public ,health ,service ,act71 and the extent of provider shortages in such communities and areas2 7#c7 to the extent practicable1 sample a statistically significant group of national health insurance plans and issuers and examine-- 7,a7 the effects of the provisions of1 including amendments made by1 this ,act on premiums and out-of-pocket costs with respect to group health plans or group or individual health insurance coverage2 7,b7 the adequacy of provider networks with respect to such plans or coverage2 and 7,c7 categories of providers of ancillary services1 as defined in section #bgii;,b-#b7;b77#b7 of the ,public ,health ,service ,act1 for which such plans have no or a limited number of in-network providers2 and 7#d7 such other relevant effects of such provisions and amendments4 7c7 ,,gao report on adequacy of provider networks ,not later than ,january #a1 #bjbc1 the ,comptroller ,general of the ,united ,states shall submit to ,congress1 and make publicly available1 a report on the adequacy of provider networks in group health plans and group and individual health insurance coverage1 including legislative recommendations to improve the adequacy of such networks4 7d7 ,,gao report on ,,idr process and potential financial relationships ,not later than ,december #ca1 #bjbc1 the ,comptroller ,general of the ,united ,states shall conduct a study and submit to ,congress a report on the ,,idr process established under this section4 ,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 firms4 #aaj4 ,consumer protections through application of health plan external review in cases of certain surprise medical bills 7a7 ,in general ,in applying the provisions of section #bgai7;b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ai7;b77 to group health plans and health insurance issuers offering group or individual health insurance coverage1 the ,secretary of ,health and ,human ,services1 ,secretary of ,labor1 and ,secretary of the ,treasury1 shall require1 beginning not later than ,january #a1 #bjbb1 the external review process described in paragraph 7#a7 of such section to apply with respect to any adverse determination by such a plan or issuer under section #bgii;,a-#a or #bgii;,a-#b1 section #gaf or #gag of the ,employee ,retirement ,income ,security ,act of #aigd1 or section #ihaf or #ihag of the ,internal ,revenue ,code of #aihf1 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 applies4 7b7 ,definitions ,the terms group health plan2 health insurance issuer2 group health insurance coverage1 and individual health insurance coverage have the meanings given such terms in section #bgia of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ia71 section #gcc of the ,employee ,retirement ,income ,security ,act 7#bi ,u4,s4,c4 #aaia;b71 and section #ihcb of the ,internal ,revenue ,code1 as applicable4 #aaa4 ,consumer protections through health plan requirement for fair and honest advance cost estimate 7a7 ,,phsa amendment ,section #bgii;,a-#a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ai;a71 as added by section #ajb and as further amended by the previous provisions of this title1 is further amended by adding at the end the following new subsection3 7f7 ,advanced explanation of benefits 7#a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbb1 each group health plan1 or a health insurance issuer offering group or individual health insurance coverage shall1 with respect to a notification submitted under section #bgii;,b-#f by a health care provider or health care facility to the plan or issuer for a participant1 beneficiary1 or enrollee under plan or coverage scheduled to receive an item or service from the provider or facility 7or authorized representative of such participant1 beneficiary1 or enrollee71 not later than #a business day 7or1 in the case such item or service was so scheduled at least #aj business days before such item or service is to be furnished 7or in the case of a request made to such plan or coverage by such participant1 beneficiary1 or enrollee71 #c business days7 after the date on which the plan or coverage receives such notification 7or such request71 provide to the participant1 beneficiary1 or enrollee 7through mail or electronic means1 as requested by the participant1 beneficiary1 or enrollee7 a notification 7in clear and understandable language7 including the following3 7,a7 ,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-- 7i7 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 service1 the contracted rate under such plan or coverage for such item or service 7based on the billing and diagnostic codes provided by such provider or facility72 and 7ii7 in the case the provider or facility is a nonparticipating provider or facility with respect to such plan or coverage1 a description of how such individual may obtain information on providers and facilities that1 with respect to such plan or coverage1 are participating providers and facilities1 if any4 7,b7 ,the good faith estimate included in the notification received from the provider or facility 7if applicable7 based on such codes4 7,c7 ,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 7,b74 7,d7 ,a good faith estimate of the amount of any cost-sharing for which the participant1 beneficiary1 or enrollee would be responsible for such item or service 7as of the date of such notification74 7,e7 ,a good faith estimate of the amount that the participant1 beneficiary1 or enrollee has incurred toward meeting the limit of the financial responsibility 7including with respect to deductibles and out-of-pocket maximums7 under the plan or coverage 7as of the date of such notification74 7,f7 ,in the case such item or service is subject to a medical management technique 7including concurrent review1 prior authorization1 and step-therapy or fail-first protocols7 for coverage under the plan or coverage1 a disclaimer that coverage for such item or service is subject to such medical management technique4 7,g7 ,a disclaimer that the information provided in the notification is only an estimate based on the items and services reasonably expected1 at the time of scheduling 7or requesting7 the item or service1 to be furnished and is subject to change4 7,h7 ,any other information or disclaimer the plan or coverage determines appropriate that is consistent with information and disclaimers required under this section4 7#b7 ,authority to modify timing requirements in the case of specified items and services 7,a7 ,in general ,in the case of a participant1 beneficiary1 or enrollee scheduled to receive an item or service that is a specified item or service 7as defined in subparagraph 7,b771 the ,secretary may modify any timing requirements relating to the provision of the notification described in paragraph 7#a7 to such participant1 beneficiary1 or enrollee with respect to such item or service4 ,any modification made by the ,secretary pursuant to the previous sentence may not result in the provision of such notification after such participant1 beneficiary1 or enrollee has been furnished such item or service4 7,b7 ,specified item or service defined ,for purposes of subparagraph 7,a71 the term specified item or service means an item or service that has low utilization or significant variation in costs 7such as when furnished as part of a complex treatment71 as specified by the ,secretary4 4 7b7 ,,irc amendments ,section #ihaf of the ,internal ,revenue ,code of #aihf1 as added by section #ajb and further amended by the previous provisions of this title1 is further amended by inserting after subsection 7e7 the following new subsection3 7f7 ,advanced explanation of benefits 7#a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbb1 each group health plan shall1 with respect to a notification submitted under section #bgii;,b-#f 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 7or authorized representative of such participant or beneficiary71 not later than #a business day 7or1 in the case such item or service was so scheduled at least #aj business days before such item or service is to be furnished 7or in the case of a request made to such plan or coverage by such participant or beneficiary71 #c business days7 after the date on which the plan receives such notification 7or such request71 provide to the participant or beneficiary 7through mail or electronic means1 as requested by the participant or beneficiary7 a notification 7in clear and understandable language7 including the following3 7,a7 ,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-- 7i7 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 service1 the contracted rate under such plan for such item or service 7based on the billing and diagnostic codes provided by such provider or facility72 and 7ii7 in the case the provider or facility is a nonparticipating provider or facility with respect to such plan1 a description of how such individual may obtain information on providers and facilities that1 with respect to such plan1 are participating providers and facilities1 if any4 7,b7 ,the good faith estimate included in the notification received from the provider or facility 7if applicable7 based on such codes4 7,c7 ,a good faith estimate of the amount the plan is responsible for paying for items and services included in the estimate described in subparagraph 7,b74 7,d7 ,a good faith estimate of the amount of any cost-sharing for which the participant or beneficiary would be responsible for such item or service 7as of the date of such notification74 7,e7 ,a good faith estimate of the amount that the participant or beneficiary has incurred toward meeting the limit of the financial responsibility 7including with respect to deductibles and out-of-pocket maximums7 under the plan 7as of the date of such notification74 7,f7 ,in the case such item or service is subject to a medical management technique 7including concurrent review1 prior authorization1 and step-therapy or fail-first protocols7 for coverage under the plan1 a disclaimer that coverage for such item or service is subject to such medical management technique4 7,g7 ,a disclaimer that the information provided in the notification is only an estimate based on the items and services reasonably expected1 at the time of scheduling 7or requesting7 the item or service1 to be furnished and is subject to change4 7,h7 ,any other information or disclaimer the plan determines appropriate that is consistent with information and disclaimers required under this section4 7#b7 ,authority to modify timing requirements in the case of specified items and services 7,a7 ,in general ,in the case of a participant or beneficiary scheduled to receive an item or service that is a specified item or service 7as defined in subparagraph 7,b771 the ,secretary may modify any timing requirements relating to the provision of the notification described in paragraph 7#a7 to such participant or beneficiary with respect to such item or service4 ,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 service4 7,b7 ,specified item or service defined ,for purposes of subparagraph 7,a71 the term specified item or service means an item or service that has low utilization or significant variation in costs 7such as when furnished as part of a complex treatment71 as specified by the ,secretary4 4 7c7 ,,erisa amendments ,section #gaf of the ,employee ,retirement ,income ,security ,act of #aigd1 as added by section #ajb and further amended by the previous amendments of this title1 is further amended by adding at the end the following new subsection3 7f7 ,advanced explanation of benefits 7#a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbb1 each group health plan1 or a health insurance issuer offering group health insurance coverage shall1 with respect to a notification submitted under section #bgii;,b-#f 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 7or authorized representative of such participant or beneficiary71 not later than #a business day 7or1 in the case such item or service was so scheduled at least #aj business days before such item or service is to be furnished 7or in the case of a request made to such plan or coverage by such participant or beneficiary71 #c business days7 after the date on which the plan or coverage receives such notification 7or such request71 provide to the participant or beneficiary 7through mail or electronic means1 as requested by the participant or beneficiary7 a notification 7in clear and understandable language7 including the following3 7,a7 ,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-- 7i7 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 service1 the contracted rate under such plan for such item or service 7based on the billing and diagnostic codes provided by such provider or facility72 and 7ii7 in the case the provider or facility is a nonparticipating provider or facility with respect to such plan or coverage1 a description of how such individual may obtain information on providers and facilities that1 with respect to such plan or coverage1 are participating providers and facilities1 if any4 7,b7 ,the good faith estimate included in the notification received from the provider or facility 7if applicable7 based on such codes4 7,c7 ,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 7,b74 7,d7 ,a good faith estimate of the amount of any cost-sharing for which the participant or beneficiary would be responsible for such item or service 7as of the date of such notification74 7,e7 ,a good faith estimate of the amount that the participant or beneficiary has incurred toward meeting the limit of the financial responsibility 7including with respect to deductibles and out-of-pocket maximums7 under the plan or coverage 7as of the date of such notification74 7,f7 ,in the case such item or service is subject to a medical management technique 7including concurrent review1 prior authorization1 and step-therapy or fail-first protocols7 for coverage under the plan or coverage1 a disclaimer that coverage for such item or service is subject to such medical management technique4 7,g7 ,a disclaimer that the information provided in the notification is only an estimate based on the items and services reasonably expected1 at the time of scheduling 7or requesting7 the item or service1 to be furnished and is subject to change4 7,h7 ,any other information or disclaimer the plan or coverage determines appropriate that is consistent with information and disclaimers required under this section4 7#b7 ,authority to modify timing requirements in the case of specified items and services 7,a7 ,in general ,in the case of a participant or beneficiary scheduled to receive an item or service that is a specified item or service 7as defined in subparagraph 7,b771 the ,secretary may modify any timing requirements relating to the provision of the notification described in paragraph 7#a7 to such participant or beneficiary with respect to such item or service4 ,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 service4 7,b7 ,specified item or service defined ,for purposes of subparagraph 7,a71 the term specified item or service means an item or service that has low utilization or significant variation in costs 7such as when furnished as part of a complex treatment71 as specified by the ,secretary4 4 #aab4 ,patient protections through transparency and patient-provider dispute resolution ,part ,e of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg et seq471 as added by section #ajd and further amended by the previous provisions of this title1 is further amended by adding at the end the following new sections3 #bgii;,b-#f4 ,,provision ,,of ,,information ,,upon ,,request ,,and ,,for ,,scheduled ,,appointments ,each health care provider and health care facility shall1 beginning ,january #a1 #bjbb1 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 #c business days before the date such item or service is to be so furnished1 not later than #a business day after the date of such scheduling 7or1 in the case of such an item or service scheduled at least #aj business days before the date such item or service is to be so furnished 7or if requested by the individual71 not later than #c business days after the date of such scheduling or such request7-- 7#a7 inquire if such individual is enrolled in a group health plan1 group or individual health insurance coverage offered by a health insurance issuer1 or a ,federal health care program 7and if is so enrolled in such plan or coverage1 seeking to have a claim for such item or service submitted to such plan or coverage72 and 7#b7 provide a notification 7in clear and understandable language7 of the good faith estimate of the expected charges for furnishing such item or service 7including 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 facility71 with the expected billing and diagnostic codes for any such item or service1 to-- 7,a7 in the case the individual is enrolled in such a plan or such coverage 7and is seeking to have a claim for such item or service submitted to such plan or coverage71 such plan or issuer of such coverage2 and 7,b7 in the case the individual is not described in subparagraph 7,a7 and not enrolled in a ,federal health care program1 the individual4 #bgii;,b-#g4 ,patient-provider dispute resolution 7a7 ,in general ,not later than ,january #a1 #bjbb1 the ,secretary shall establish a process 7in this subsection referred to as the patient-provider dispute resolution process7 under which an uninsured individual1 with respect to an item or service1 who received1 pursuant to section #bgii;,b-#f1 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 estimate1 may seek a determination from a selected dispute resolution entity for the charges to be paid by such individual 7in lieu of such amount so billed7 to such provider or facility for such item or service4 ,for purposes of this subsection1 the term uninsured individual means1 with respect to an item or service1 an individual who does not have benefits for such item or service under a group health plan1 group or individual health insurance coverage offered by a health insurance issuer1 ,federal health care program 7as defined in section #aabh;,b7f7 of the ,social ,security ,act71 or a health benefits plan under chapter #hi of title #e1 ,united ,states ,code 7or 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 issuer1 but who does not seek to have a claim for such item or service submitted to such plan or coverage74 7b7 ,selection of entities ,under the patient-provider dispute resolution process1 the ,secretary shall1 with respect to a determination sought by an individual under subsection 7a71 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 facility1 provide for-- 7#a7 a method to select to make such determination an entity certified under subsection 7d7 that-- 7,a7 is not a party to such determination or an employee or agent of such party2 7,b7 does not have a material familial1 financial1 or professional relationship with such a party2 and 7,c7 does not otherwise have a conflict of interest with such a party 7as determined by the ,secretary72 and 7#b7 the provision of a notification of such selection to the individual and the provider or facility 7as applicable7 party to such determination4 ,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 determination4 7c7 ,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 process4 7d7 ,certification ,the ,secretary shall establish or recognize a process to certify entities under this subparagraph4 ,such process shall ensure that an entity so certified satisfies at least the criteria specified in section #bgii;,a-#a7;c74 4 #aac4 ,ensuring continuity of care 7a7 ,public ,health ,service ,act ,title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg et seq47 is amended1 in the part ,d1 as added and amended by section #ajb7;a7 and further amended by the previous provisions of this title1 by inserting after section #bgii;,a-#b the following new section3 #bgii;,a-#c4 ,continuity of care 7a7 ,ensuring continuity of care with respect to terminations of certain contractual relationships resulting in changes in provider network status 7#a7 ,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 7as applicable7 for furnishing items and services under such plan or such coverage1 if1 while such individual is a continuing care patient 7as defined in subsection 7b77 with respect to such provider or facility-- 7,a7 such contractual relationship is terminated 7as defined in subsection 7b772 7,b7 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 coverage2 or 7,c7 a contract between such group health plan and a health insurance issuer offering health insurance coverage in connection with such plan is terminated1 resulting in a loss of benefits provided under such plan with respect to such provider or facility2 the plan or issuer1 respectively1 shall meet the requirements of paragraph 7#b7 with respect to such individual4 7#b7 ,requirements ,the requirements of this paragraph are that the plan or issuer-- 7,a7 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 7#a7 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 section2 7,b7 provide such individual with an opportunity to notify the plan or issuer of the individual's need for transitional care2 and 7,c7 permit the patient to elect to continue to have benefits provided under such plan or such coverage1 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 occurred1 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 7,a7 is provided and ending on the earlier of-- 7i7 the #ij-;day period beginning on such date2 or 7ii7 the date on which such individual is no longer a continuing care patient with respect to such provider or facility4 7b7 ,definitions ,in this section3 7#a7 ,continuing care patient ,the term continuing care patient means an individual who1 with respect to a provider or facility-- 7,a7 is undergoing a course of treatment for a serious and complex condition from the provider or facility2 7,b7 is undergoing a course of institutional or inpatient care from the provider or facility2 7,c7 is scheduled to undergo nonelective surgery from the provider1 including receipt of postoperative care from such provider or facility with respect to such a surgery2 7,d7 is pregnant and undergoing a course of treatment for the pregnancy from the provider or facility2 or 7,e7 is or was determined to be terminally ill 7as determined under section #ahfa7;dd77#c77;,a7 of the ,social ,security ,act7 and is receiving treatment for such illness from such provider or facility4 7#b7 ,serious and complex condition ,the term serious and complex condition means1 with respect to a participant1 beneficiary1 or enrollee under a group health plan or group or individual health insurance coverage-- 7,a7 in the case of an acute illness1 a condition that is serious enough to require specialized medical treatment to avoid the reasonable possibility of death or permanent harm2 or 7,b7 in the case of a chronic illness or condition1 a condition that is-- 7i7 is life-threatening1 degenerative1 potentially disabling1 or congenital2 and 7ii7 requires specialized medical care over a prolonged period of time4 7#c7 ,terminated ,the term terminated includes1 with respect to a contract1 the expiration or nonrenewal of the contract1 but does not include a termination of the contract for failure to meet applicable quality standards or for fraud4 4 7b7 ,internal ,revenue ,code 7#a7 ,in general ,subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf1 as amended by sections #ajb7;c7 and #aje7;a77#c71 is further amended by inserting after section #ihag the following new section3 #ihah4 ,continuity of care 7a7 ,ensuring continuity of care with respect to terminations of certain contractual relationships resulting in changes in provider network status 7#a7 ,in general ,in the case of an individual with benefits 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 plan1 if1 while such individual is a continuing care patient 7as defined in subsection 7b77 with respect to such provider or facility-- 7,a7 such contractual relationship is terminated 7as defined in paragraph 7b772 7,b7 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 plan2 or 7,c7 a contract between such group health plan and a health insurance issuer offering health insurance coverage in connection with such plan is terminated1 resulting in a loss of benefits provided under such plan with respect to such provider or facility2 the plan shall meet the requirements of paragraph 7#b7 with respect to such individual4 7#b7 ,requirements ,the requirements of this paragraph are that the plan-- 7,a7 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 7#a7 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 section2 7,b7 provide such individual with an opportunity to notify the plan of the individual's need for transitional care2 and 7,c7 permit the patient to elect to continue to have benefits provided under such plan1 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 occurred1 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 7,a7 is provided and ending on the earlier of-- 7i7 the #ij-;day period beginning on such date2 or 7ii7 the date on which such individual is no longer a continuing care patient with respect to such provider or facility4 7b7 ,definitions ,in this section3 7#a7 ,continuing care patient ,the term continuing care patient means an individual who1 with respect to a provider or facility-- 7,a7 is undergoing a course of treatment for a serious and complex condition from the provider or facility2 7,b7 is undergoing a course of institutional or inpatient care from the provider or facility2 7,c7 is scheduled to undergo nonelective surgery from the provider or facility1 including receipt of postoperative care from such provider or facility with respect to such a surgery2 7,d7 is pregnant and undergoing a course of treatment for the pregnancy from the provider or facility2 or 7,e7 is or was determined to be terminally ill 7as determined under section #ahfa7;dd77#c77;,a7 of the ,social ,security ,act7 and is receiving treatment for such illness from such provider or facility4 7#b7 ,serious and complex condition ,the term serious and complex condition means1 with respect to a participant or beneficiary under a group health plan-- 7,a7 in the case of an acute illness1 a condition that is serious enough to require specialized medical treatment to avoid the reasonable possibility of death or permanent harm2 or 7,b7 in the case of a chronic illness or condition1 a condition that-- 7i7 is life-threatening1 degenerative1 potentially disabling1 or congenital2 and 7ii7 requires specialized medical care over a prolonged period of time4 7#c7 ,terminated ,the term terminated includes1 with respect to a contract1 the expiration or nonrenewal of the contract1 but does not include a termination of the contract for failure to meet applicable quality standards or for fraud4 4 7#b7 ,clerical amendment ,the table of sections for such subchapter1 as amended by the previous sections1 is further amended by inserting after the item relating to section #ihag the following new item3 ,sec4 #ihah4 ,continuity of care4 4 7c7 ,employee ,retirement ,income ,security ,act 7#a7 ,in general ,subpart ,b of part #g of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aahe et seq471 as amended by section #ajb7;c7 and further amended by the previous provisions of this title1 is further amended by inserting after section #gag the following new section3 #gah4 ,continuity of care 7a7 ,ensuring continuity of care with respect to terminations of certain contractual relationships resulting in changes in provider network status 7#a7 ,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 7as applicable7 for furnishing items and services under such plan or such coverage1 if1 while such individual is a continuing care patient 7as defined in subsection 7b77 with respect to such provider or facility-- 7,a7 such contractual relationship is terminated 7as defined in paragraph 7b772 7,b7 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 coverage2 or 7,c7 a contract between such group health plan and a health insurance issuer offering health insurance coverage in connection with such plan is terminated1 resulting in a loss of benefits provided under such plan with respect to such provider or facility2 the plan or issuer1 respectively1 shall meet the requirements of paragraph 7#b7 with respect to such individual4 7#b7 ,requirements ,the requirements of this paragraph are that the plan or issuer-- 7,a7 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 7#a7 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 section2 7,b7 provide such individual with an opportunity to notify the plan or issuer of the individual's need for transitional care2 and 7,c7 permit the patient to elect to continue to have benefits provided under such plan or such coverage1 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 occurred1 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 7,a7 is provided and ending on the earlier of-- 7i7 the #ij-;day period beginning on such date2 or 7ii7 the date on which such individual is no longer a continuing care patient with respect to such provider or facility4 7b7 ,definitions ,in this section3 7#a7 ,continuing care patient ,the term continuing care patient means an individual who1 with respect to a provider or facility-- 7,a7 is undergoing a course of treatment for a serious and complex condition from the provider or facility2 7,b7 is undergoing a course of institutional or inpatient care from the provider or facility2 7,c7 is scheduled to undergo nonelective surgery from the provide or facility1 including receipt of postoperative care from such provider or facility with respect to such a surgery2 7,d7 is pregnant and undergoing a course of treatment for the pregnancy from the provider or facility2 or 7,e7 is or was determined to be terminally ill 7as determined under section #ahfa7;dd77#c77;,a7 of the ,social ,security ,act7 and is receiving treatment for such illness from such provider or facility4 7#b7 ,serious and complex condition ,the term serious and complex condition means1 with respect to a participant or beneficiary under a group health plan or group health insurance coverage-- 7,a7 in the case of an acute illness1 a condition that is serious enough to require specialized medical treatment to avoid the reasonable possibility of death or permanent harm2 or 7,b7 in the case of a chronic illness or condition1 a condition that-- 7i7 is life-threatening1 degenerative1 potentially disabling1 or congenital2 and 7ii7 requires specialized medical care over a prolonged period of time4 7#c7 ,terminated ,the term terminated includes1 with respect to a contract1 the expiration or nonrenewal of the contract1 but does not include a termination of the contract for failure to meet applicable quality standards or for fraud4 4 7#b7 ,clerical amendment ,the table of contents in section #a of the ,employee ,retirement ,income ,security ,act of #aigd is amended by inserting after the item relating to section #gaf the following new item3 ,sec4 #gah4 ,continuity of care4 4 7d7 ,provider requirement ,part ,e of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg et seq471 as added by section #ajd and further amended by the previous provisions of this title1 is further amended by adding at the end the following new section3 #bgii;,b-#h4 ,continuity of care ,a health care provider or health care facility shall1 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 #bgii;,a-#c1 section #ihah of the ,internal ,revenue ,code of #aihf1 or section #gah of the ,employee ,retirement ,income ,security ,act of #aigd-- 7#a7 accept payment from such plan or such issuer 7as applicable7 7and cost-sharing from such individual1 if applicable1 in accordance with subsection 7a77#b77;,c7 of such section #bgii;,a-#c1 #ihah1 or #gah7 for such items and services as payment in full for such items and services2 and 7#b7 continue to adhere to all policies1 procedures1 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 occurred4 4 7e7 ,effective date ,the amendments made by subsections 7a71 7b71 and 7c7 shall apply with respect to plan years beginning on or after ,january #a1 #bjbb4 #aad4 ,maintenance of price comparison tool 7a7 ,public ,health ,service ,act ,title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg et seq47 is amended1 in part ,d1 as added and amended by section #ajb and further amended by the previous provisions of this title1 by inserting after section #bgii;,a-#c the following new section3 #bgii;,a-#d4 ,maintenance of price comparison tool ,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 7to the extent practicable7 allows an individual enrolled under such plan or coverage1 with respect to such plan year1 such geographic region1 and participating providers with respect to such plan or coverage1 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 provider4 4 7b7 ,internal ,revenue ,code 7#a7 ,in general ,subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf1 as amended by sections #ajb1 #aje1 and #aac1 is further amended by inserting after section #ihah the following new section3 #ihai4 ,maintenance of price comparison tool ,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 7to the extent practicable7 allows an individual enrolled under such plan1 with respect to such plan year1 such geographic region1 and participating providers with respect to such plan or coverage1 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 provider4 4 7#b7 ,clerical amendment ,the table of sections for such subchapter1 as amended by the previous sections1 is further amended by inserting after the item relating to section #ihah the following new item3 ,sec4 #ihai4 ,maintenance of price comparison tool4 4 7c7 ,employee ,retirement ,income ,security ,act 7#a7 ,in general ,subpart ,b of part #g of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aahe et seq471 as amended by sections #ajb1 #aje1 and #aac1 is further amended by inserting after section #gah the following new section3 #gai4 ,maintenance of price comparison tool ,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 7to the extent practicable7 allows an individual enrolled under such plan or coverage1 with respect to such plan year1 such geographic region1 and participating providers with respect to such plan or coverage1 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 provider4 4 7#b7 ,clerical amendment ,the table of contents in section #a of the ,employee ,retirement ,income ,security ,act of #aigd1 as amended by the previous provisions of this title1 is further amended by inserting after the item relating to section #gaf the following new item3 ,sec4 #gai4 ,maintenance of price comparison tool4 4 7d7 ,effective date ,the amendments made by this section shall apply with respect to plan years beginning on or after ,january #a1 #bjbb4 #aae4 ,state ,all ,payer ,claims ,databases 7a7 ,grants to ,states ,part ,b of title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdc et seq47 is amended by adding at the end the following3 #cbj;,b4 ,state ,all ,payer ,claims ,databases 7a7 ,in general ,the ,secretary shall make one-time grants to eligible ,states for the purposes described in subsection 7b74 7b7 ,uses ,a ,state may use a grant received under subsection 7a7 for one of the following purposes3 7#a7 ,to establish a ,state ,all ,payer ,claims ,database4 7#b7 ,to improve an existing ,state ,all ,payer ,claims ,databases4 7c7 ,eligibility ,to be eligible to receive a grant under subsection 7a71 a ,state shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary specifies1 including1 with respect to a ,state ,all ,payer ,claims ,database1 at least specifics on how the ,state will ensure uniform data collection and the privacy and security of such data4 7d7 ,grant period and amount ,grants awarded under this section shall be for a period of #c-years1 and in an amount of #b1ejj1jjj1 of which #a1jjj1jjj shall be made available to the ,state for each of the first #b years of the grant period1 and #ejj1jjj shall be made available to the ,state for the third year of the grant period4 7e7 ,authorized ,users 7#a7 ,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 access1 which shall include-- 7,a7 in the case of an entity requesting access for research purposes-- 7i7 a description of the uses and methodologies for evaluating health system performance using such data2 and 7ii7 documentation of approval of the research by an institutional review board1 if applicable for a particular plan of research2 or 7,b7 in the case of an entity such as an employer1 health insurance issuer1 third-party administrator1 or health care provider1 requesting access for the purpose of quality improvement or cost-containment1 a description of the intended uses for such data4 7#b7 ,requirements 7,a7 ,access for research purposes ,upon approval of an application for research purposes under paragraph 7#a77;,a71 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 subsection1 which shall include a prohibition on attempts to reidentify and disclose individually identifiable health information and proprietary financial information4 7,b7 ,customized reports ,employers and employer organizations may request customized reports from a ,state ,all ,payer ,claims ,database that has received a grant under this section1 at cost1 subject to the requirements of this section with respect to privacy1 security1 and proprietary financial information4 7,c7 ,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 ,database1 free of charge4 7#c7 ,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 subsection4 7f7 ,expanded access 7#a7 ,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 ,states4 7#b7 ,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 #gce of the ,employee ,retirement ,income ,security ,act of #aigd4 7g7 ,definitions ,in this section-- 7#a7 the term individually identifiable health information has the meaning given such term in section #aaga7f7 of the ,social ,security ,act2 7#b7 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 plan1 managed care entity 7as defined in section #aicb7;a77#a77;,b7 of the ,social ,security ,act7 or other managed care organization1 or health insurance issuer offering group or individual health insurance coverage2 and 7#c7 the term ,state ,all ,payer ,claims ,database means1 with respect to a ,state1 a database that may include medical claims1 pharmacy claims1 dental claims1 and eligibility and provider files1 which are collected from private and public payers4 7h7 ,authorization of appropriations ,to carry out this section1 there is authorized to be appropriated #ej1jjj1jjj for each of fiscal years #bjbb and #bjbc1 and #be1jjj1jjj for fiscal year #bjbd1 to remain available until expended4 4 7b7 ,standardized reporting format ,subpart ,c of part #g of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aaia et seq47 is amended by adding at the end the following3 #gce4 ,standardized reporting format 7a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary shall establish 7and periodically update7 a standardized reporting format for the voluntary reporting1 by group health plans to ,state ,all ,payer ,claims ,databases1 of medical claims1 pharmacy claims1 dental claims1 and eligibility and provider files that are collected from private and public payers1 and shall provide guidance to ,states on the process by which ,states may collect such data from such plans in the standardized reporting format4 7b7 ,consultation 7#a7 ,advisory committee ,not later than #ij days after the date of enactment of this section1 the ,secretary shall convene an ,advisory ,committee 7referred to in this section as the ,committee71 consisting of #ae members to advise the ,secretary regarding the format and guidance described in paragraph 7#a74 7#b7 ,membership 7,a7 ,appointment ,in accordance with subparagraph 7,b71 not later than #ij days after the date of enactment this section1 the ,secretary1 in coordination with the ,secretary of ,health and ,human ,services1 shall appoint under subparagraph 7,b77iii71 and the ,comptroller ,general of the ,united ,states shall appoint under subparagraph 7,b77iv71 members who have distinguished themselves in the fields of health services research1 health economics1 health informatics1 data privacy and security1 or the governance of ,state ,all ,payer ,claims ,databases1 or who represent organizations likely to submit data to or use the database1 including patients1 employers1 or employee organizations that sponsor group health plans1 health care providers1 health insurance issuers1 or third-party administrators of group health plans4 ,such members shall serve #c-year terms on a staggered basis4 ,vacancies on the ,committee shall be filled by appointment consistent with this paragraph not later than #c months after the vacancy arises4 7,b7 ,composition ,the ,committee shall be comprised of-- 7i7 the ,assistant ,secretary of ,employee ,benefits and ,security ,administration of the ,department of ,labor1 or a designee of such ,assistant ,secretary2 7ii7 the ,assistant ,secretary for ,planning and ,evaluation of the ,department of ,health and ,human ,services1 or a designee of such ,assistant ,secretary2 7iii7 members appointed by the ,secretary1 in coordination with the ,secretary of ,health and ,human ,services1 including-- 7,i7 #a member to serve as the chair of the ,committee2 7,,ii7 #a representative of the ,centers for ,medicare ,medicaid ,services2 7,,iii7 #a representative of the ,agency for ,healthcare ,research and ,quality2 7,,iv7 #a representative of the ,office for ,civil ,rights of the ,department of ,health and ,human ,services with expertise in data privacy and security2 7,v7 #a representative of the ,national ,center for ,health ,statistics2 7,,vi7 #a representative of the ,office of the ,national ,coordinator for ,health ,information ,technology2 and 7,,vii7 #a representative of a ,state ,all-,payer ,claims ,database2 7iv7 members appointed by the ,comptroller ,general of the ,united ,states1 including-- 7,i7 #a representative of an employer that sponsors a group health plan2 7,,ii7 #a representative of an employee organization that sponsors a group health plan2 7,,iii7 #a academic researcher with expertise in health economics or health services research2 7,,iv7 #a consumer advocate2 and 7,v7 #b additional members4 7#c7 ,report ,not later than #ahj days after the date of enactment of this section1 the ,committee shall report to the ,secretary1 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 and the ,committee on ,energy and ,commerce and the ,committee on ,education and ,labor of the ,house of ,representatives4 ,such report shall include recommendations on the establishment of the format and guidance described in subsection 7a74 7c7 ,state ,all ,payer ,claims ,database ,in this section1 the term ,state ,all ,payer ,claims ,database means1 with respect to a ,state1 a database that may include medical claims1 pharmacy claims1 dental claims1 and eligibility and provider files1 which are collected from private and public payers4 7d7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated #e1jjj1jjj for fiscal year #bjba1 to remain available until expended or1 if sooner1 until the date described in subsection 7e74 7e7 ,sunset ,beginning on the date on which the report is submitted under subsection 7b77#c71 subsection 7b7 shall have no force or effect4 4 #aaf4 ,protecting patients and improving the accuracy of provider directory information 7a7 ,,phsa ,part ,d of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg et seq471 as added and amended by section #ajb and further amended by the previous provisions of this title1 is further amended by inserting after section #bgii;,a-#d the following3 #bgii;,a-#e4 ,protecting patients and improving the accuracy of provider directory information 7a7 ,provider directory information requirements 7#a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbb1 each group health plan and health insurance issuer offering group or individual health insurance coverage shall-- 7,a7 establish the verification process described in paragraph 7#b72 7,b7 establish the response protocol described in paragraph 7#c72 7,c7 establish the database described in paragraph 7#d72 and 7,d7 include in any directory 7other than the database described in subparagraph 7,c77 containing provider directory information with respect to such plan or such coverage the information described in paragraph 7#e74 7#b7 ,verification process ,the verification process described in this paragraph is1 with respect to a group health plan or a health insurance issuer offering group or individual health insurance coverage1 a process-- 7,a7 under which1 not less frequently than once every #ij days1 such plan or such issuer 7as applicable7 verifies and updates the provider directory information included on the database described in paragraph 7#d7 of such plan or issuer of each health care provider and health care facility included in such database2 7,b7 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 issuer2 and 7,c7 that provides for the update of such database within #b business days of such plan or issuer receiving from such a provider or facility information pursuant to section #bgii;,b-#i4 7#c7 ,response protocol ,the response protocol described in this paragraph is1 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 electronic1 web-based1 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 coverage1 a protocol under which such plan or such issuer 7as applicable71 in the case such request is made through a telephone call-- 7,a7 responds to such individual as soon as practicable and in no case later than #a business day after such call is received1 through a written electronic or print 7as requested by such individual7 communication2 and 7,b7 retains such communication in such individual's file for at least #b years following such response4 7#d7 ,database ,the database described in this paragraph is1 with respect to a group health plan or health insurance issuer offering group or individual health insurance coverage1 a database on the public website of such plan or issuer that contains-- 7,a7 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 coverage2 and 7,b7 provider directory information with respect to each such provider and facility4 7#e7 ,information ,the information described in this paragraph is1 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 issuer1 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 7#d7 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 coverage4 7#f7 ,definition ,for purposes of this subsection1 the term provider directory information includes1 with respect to a group health plan and a health insurance issuer offering group or individual health insurance coverage1 the name1 address1 specialty1 telephone number1 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 coverage4 7#g7 ,rule of construction ,nothing in this section shall be construed to preempt any provision of ,state law relating to health care provider directories4 7b7 ,cost-sharing for services provided based on reliance on incorrect provider network information 7#a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbb1 in the case of an item or service furnished to a participant1 beneficiary1 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 facility1 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 7#b7 applies with respect to such participant1 beneficiary1 or enrollee and item or service1 the plan or coverage-- 7,a7 shall not impose on such participant1 beneficiary1 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 provider2 and 7,b7 shall apply the deductible or out-of-pocket maximum1 if any1 that would apply if such services were furnished by a participating provider or a participating facility4 7#b7 ,criteria described ,for purposes of paragraph 7#a71 the criteria described in this paragraph1 with respect to an item or service furnished to a participant1 beneficiary1 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 facility1 are the following3 7,a7 ,the participant1 beneficiary1 or enrollee received through a database1 provider directory1 or response protocol described in subsection 7a7 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 facility1 with respect to the plan for furnishing such item or service4 7,b7 ,the information was not provided1 in accordance with subsection 7a71 to the participant1 beneficiary1 or enrollee and the participant1 beneficiary1 or enrollee requested through the response protocol described in subsection 7a77#c7 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 facility4 7c7 ,disclosure on patient protections against balance billing ,for plan years beginning on or after ,january #a1 #bjbb1 each group health plan and health insurance issuer offering group or individual health insurance coverage shall make publicly available1 post on a public website of such plan or issuer1 and include on each explanation of benefits for an item or service with respect to which the requirements under section #bgii;,a-#a applies-- 7#a7 information in plain language on-- 7,a7 the requirements and prohibitions applied under sections #bgii;,b-#a and #bgii;,b-#b 7relating to prohibitions on balance billing in certain circumstances72 7,b7 if provided for under applicable ,state law1 any other requirements on providers and facilities regarding the amounts such providers and facilities may1 with respect to an item or service1 charge a participant1 beneficiary1 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 participant1 beneficiary1 or enrollee2 and 7,c7 the requirements applied under section #bgii;,a-#a2 and 7#b7 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 7#a7 with respect to such individual4 4 7b7 ,,erisa ,subpart ,b of part #g of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aahe et seq471 as amended by sections #ajb1 #aje1 #aac1 and #aad1 is further amended by inserting after section #gai the following3 #gbj4 ,protecting patients and improving the accuracy of provider directory information 7a7 ,provider directory information requirements 7#a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbb1 each group health plan and health insurance issuer offering group health insurance coverage shall-- 7,a7 establish the verification process described in paragraph 7#b72 7,b7 establish the response protocol described in paragraph 7#c72 7,c7 establish the database described in paragraph 7#d72 and 7,d7 include in any directory 7other than the database described in subparagraph 7,c77 containing provider directory information with respect to such plan or such coverage the information described in paragraph 7#e74 7#b7 ,verification process ,the verification process described in this paragraph is1 with respect to a group health plan or a health insurance issuer offering group health insurance coverage1 a process-- 7,a7 under which1 not less frequently than once every #ij days1 such plan or such issuer 7as applicable7 verifies and updates the provider directory information included on the database described in paragraph 7#d7 of such plan or issuer of each health care provider and health care facility included in such database2 7,b7 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 issuer2 and 7,c7 that provides for the update of such database within #b business days of such plan or issuer receiving from such a provider or facility information pursuant to section #bgii;,b-#i of the ,public ,health ,service ,act4 7#c7 ,response protocol ,the response protocol described in this paragraph is1 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 electronic1 web-based1 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 coverage1 a protocol under which such plan or such issuer 7as applicable71 in the case such request is made through a telephone call-- 7,a7 responds to such individual as soon as practicable and in no case later than #a business day after such call is received1 through a written electronic or print 7as requested by such individual7 communication2 and 7,b7 retains such communication in such individual's file for at least #b years following such response4 7#d7 ,database ,the database described in this paragraph is1 with respect to a group health plan or health insurance issuer offering group health insurance coverage1 a database on the public website of such plan or issuer that contains-- 7,a7 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 coverage2 and 7,b7 provider directory information with respect to each such provider and facility4 7#e7 ,information ,the information described in this paragraph is1 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 issuer1 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 7#d7 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 coverage4 7#f7 ,definition ,for purposes of this subsection1 the term provider directory information includes1 with respect to a group health plan and a health insurance issuer offering group health insurance coverage1 the name1 address1 specialty1 telephone number1 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 coverage4 7#g7 ,rule of construction ,nothing in this section shall be construed to preempt any provision of ,state law relating to health care provider directories1 to the extent such ,state law applies to such plan1 coverage1 or issuer1 subject to section #ead4 7b7 ,cost-sharing for services provided based on reliance on incorrect provider network information 7#a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbb1 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 facility1 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 7#b7 applies with respect to such participant or beneficiary and item or service1 the plan or coverage-- 7,a7 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 provider2 and 7,b7 shall apply the deductible or out-of-pocket maximum1 if any1 that would apply if such services were furnished by a participating provider or a participating facility4 7#b7 ,criteria described ,for purposes of paragraph 7#a71 the criteria described in this paragraph1 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 facility1 are the following3 7,a7 ,the participant or beneficiary received through a database1 provider directory1 or response protocol described in subsection 7a7 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 facility1 with respect to the plan for furnishing such item or service4 7,b7 ,the information was not provided1 in accordance with subsection 7a71 to the participant or beneficiary and the participant or beneficiary requested through the response protocol described in subsection 7a77#c7 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 facility4 7c7 ,disclosure on patient protections against balance billing ,for plan years beginning on or after ,january #a1 #bjbb1 each group health plan and health insurance issuer offering group health insurance coverage shall make publicly available1 post on a public website of such plan or issuer1 and include on each explanation of benefits for an item or service with respect to which the requirements under section #gaf applies-- 7#a7 information in plain language on-- 7,a7 the requirements and prohibitions applied under sections #bgii;,b-#a and #bgii;,b-#b of the ,public ,health ,service ,act 7relating to prohibitions on balance billing in certain circumstances72 7,b7 if provided for under applicable ,state law1 any other requirements on providers and facilities regarding the amounts such providers and facilities may1 with respect to an item or service1 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 beneficiary2 and 7,c7 the requirements applied under section #gaf2 and 7#b7 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 7#a7 with respect to such individual4 4 7c7 ,,irc ,subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf1 as amended by sections #ajb1 #aje1 #aac1 and #aad1 is further amended by inserting after section #ihai the following3 #ihbj4 ,protecting patients and improving the accuracy of provider directory information 7a7 ,provider directory information requirements 7#a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbb1 each group health plan shall-- 7,a7 establish the verification process described in paragraph 7#b72 7,b7 establish the response protocol described in paragraph 7#c72 7,c7 establish the database described in paragraph 7#d72 and 7,d7 include in any directory 7other than the database described in subparagraph 7,c77 containing provider directory information with respect to such plan the information described in paragraph 7#e74 7#b7 ,verification process ,the verification process described in this paragraph is1 with respect to a group health plan1 a process-- 7,a7 under which1 not less frequently than once every #ij days1 such plan verifies and updates the provider directory information included on the database described in paragraph 7#d7 of such plan or issuer of each health care provider and health care facility included in such database2 7,b7 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 issuer2 and 7,c7 that provides for the update of such database within #b business days of such plan or issuer receiving from such a provider or facility information pursuant to section #bgii;,b-#i of the ,public ,health ,service ,act4 7#c7 ,response protocol ,the response protocol described in this paragraph is1 in the case of an individual enrolled under a group health plan who requests information through a telephone call or electronic1 web-based1 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 plan1 a protocol under which such plan or such issuer 7as applicable71 in the case such request is made through a telephone call-- 7,a7 responds to such individual as soon as practicable and in no case later than #a business day after such call is received1 through a written electronic or print 7as requested by such individual7 communication2 and 7,b7 retains such communication in such individual's file for at least #b years following such response4 7#d7 ,database ,the database described in this paragraph is1 with respect to a group health plan1 a database on the public website of such plan or issuer that contains-- 7,a7 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 plan2 and 7,b7 provider directory information with respect to each such provider and facility4 7#e7 ,information ,the information described in this paragraph is1 with respect to a print directory containing provider directory information with respect to a group health plan1 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 7#d7 with respect to such plan or contact such plan to obtain the most current provider directory information with respect to such plan4 7#f7 ,definition ,for purposes of this subsection1 the term provider directory information includes1 with respect to a group health plan1 the name1 address1 specialty1 telephone number1 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 plan4 7#g7 ,rule of construction ,nothing in this section shall be construed to preempt any provision of ,state law relating to health care provider directories4 7b7 ,cost-sharing for services provided based on reliance on incorrect provider network information 7#a7 ,in general ,for plan years beginning on or after ,january #a1 #bjbb1 in the case of an item or service furnished to a participant or beneficiary of a group health plan by a nonparticipating provider or a nonparticipating facility1 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 7#b7 applies with respect to such participant or beneficiary and item or service1 the plan-- 7,a7 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 provider2 and 7,b7 shall apply the deductible or out-of-pocket maximum1 if any1 that would apply if such services were furnished by a participating provider or a participating facility4 7#b7 ,criteria described ,for purposes of paragraph 7#a71 the criteria described in this paragraph1 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 facility1 are the following3 7,a7 ,the participant or beneficiary received through a database1 provider directory1 or response protocol described in subsection 7a7 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 facility1 with respect to the plan for furnishing such item or service4 7,b7 ,the information was not provided1 in accordance with subsection 7a71 to the participant or beneficiary and the participant or beneficiary requested through the response protocol described in subsection 7a77#c7 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 facility4 7c7 ,disclosure on patient protections against balance billing ,for plan years beginning on or after ,january #a1 #bjbb1 each group health plan shall make publicly available1 post on a public website of such plan or issuer1 and include on each explanation of benefits for an item or service with respect to which the requirements under section #ihaf applies-- 7#a7 information in plain language on-- 7,a7 the requirements and prohibitions applied under sections #bgii;,b-#a and #bgii;,b-#b of the ,public ,health ,service ,act7relating to prohibitions on balance billing in certain circumstances72 7,b7 if provided for under applicable ,state law1 any other requirements on providers and facilities regarding the amounts such providers and facilities may1 with respect to an item or service1 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 applicable cost sharing payment from such participant or beneficiary2 and 7,c7 the requirements applied under section #ihaf2 and 7#b7 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 7#a7 with respect to such individual4 4 7d7 ,clerical amendments 7#a7 ,,erisa ,the table of contents in section #a of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajja et seq471 as amended by the previous provisions of this title1 is further amended by inserting after the item relating to section #gai the following new item3 #gbj4 ,protecting patients and improving the accuracy of provider directory information4 4 7#b7 ,,irc ,the table of sections for subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf1 as amended by the previous provisions of this title1 is further amended by inserting after the item relating to section #ihai the following new item3 #ihbj4 ,protecting patients and improving the accuracy of provider directory information4 4 7e7 ,provider requirements ,part ,e of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg et seq471 as added by section #ajd and as further amended by the previous provisions of this title1 is further amended by adding at the end the following3 #bgii;,b-#i4 ,provider requirements to protect patients and improve the accuracy of provider directory information 7a7 ,provider business processes ,beginning not later than ,january #a1 #bjbb1 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 #bgii;,a-#e7;a77#a71 section #gbj7;a77#a7 of the ,employee ,retirement ,income ,security ,act of #aigd1 or section #ihbj7;a77#a7 of the ,internal ,revenue ,code of #aihf1 as applicable4 ,such providers shall submit provider directory information to a plan or issuers1 at a minimum-- 7#a7 when the provider or facility begins a network agreement with a plan or with an issuer with respect to certain coverage2 7#b7 when the provider or facility terminates a network agreement with a plan or with an issuer with respect to certain coverage2 7#c7 when there are material changes to the content of provider directory information of the provider or facility described in section #bgii;,a-#e7;a77#a71 section #gbj7;a77#a7 of the ,employee ,retirement ,income ,security ,act of #aigd1 or section #ihbj7;a77#a7 of the ,internal ,revenue ,code of #aihf1 as applicable2 and 7#d7 at any other time 7including upon the request of such issuer or plan7 determined appropriate by the provider1 facility1 or the ,secretary4 7b7 ,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 in-network1 as prohibited under section #bgii;,a-#e7;b71 section #gbj7;b7 of the ,employee ,retirement ,income ,security ,act of #aigd1 or section #ihbj7;b7 of the ,internal ,revenue ,code of #aihf1 as applicable1 and the enrollee pays such bill1 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 involved1 plus interest1 at an interest rate determined by the ,secretary4 7c7 ,limitation ,nothing in this section shall prohibit a provider from requiring in the terms of a contract1 or contract termination1 with a group health plan or health insurance issuer-- 7#a7 that the plan or issuer remove1 at the time of termination of such contract1 the provider from a directory of the plan or issuer described in section #bgii;,a-#e7;a71 section #gbj7;a7 of the ,employee ,retirement ,income ,security ,act of #aigd1 or section #ihbj7;a7 of the ,internal ,revenue ,code of #aihf1 as applicable2 or 7#b7 that the plan or issuer bear financial responsibility1 including under section #bgii;,a-#e7;b71 section #gbj7;b7 of the ,employee ,retirement ,income ,security ,act of #aigd1 or section #ihbj7;b7 of the ,internal ,revenue ,code of #aihf1 as applicable1 for providing inaccurate network status information to an enrollee4 7d7 ,definition ,for purposes of this section1 the term provider directory information includes the names1 addresses1 specialty1 telephone numbers1 and digital contact information of individual health care providers1 and the names1 addresses1 telephone numbers1 and digital contact information of each medical group1 clinic1 or facility contracted to participate in any of the networks of the group health plan or health insurance coverage involved4 7e7 ,rule of construction ,nothing in this section shall be construed to preempt any provision of ,state law relating to health care provider directories4 4 #aag4 ,advisory committee on ground ambulance and patient billing 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,labor1 ,secretary of ,health and ,human ,services1 and the ,secretary of the ,treasury 7the ,secretaries7 shall jointly establish an advisory committee for the purpose of reviewing options to improve the disclosure of charges and fees for ground ambulance services1 better inform consumers of insurance options for such services1 and protect consumers from balance billing4 7b7 ,composition of the advisory committee ,the advisory committee shall be composed of the following members3 7#a7 ,the ,secretary of ,labor1 or the ,secretary's designee4 7#b7 ,the ,secretary of ,health and ,human ,services1 or the ,secretary's designee4 7#c7 ,the ,secretary of the ,treasury1 or the ,secretary's designee4 7#d7 ,one representative1 to be appointed jointly by the ,secretaries1 for each of the following3 7,a7 ,each relevant ,federal agency1 as determined by the ,secretaries4 7,b7 ,state insurance regulators4 7,c7 ,health insurance providers4 7,d7 ,patient advocacy groups4 7,e7 ,consumer advocacy groups4 7,f7 ,state and local governments4 7,g7 ,physician specializing in emergency1 trauma1 cardiac1 or stroke4 7,h7 ,state ,emergency ,medical ,services ,officials4 7,i7 ,emergency medical technicians1 paramedics1 and other emergency medical services personnel4 7#e7 ,three representatives1 to be appointed jointly by the ,secretaries1 to represent the various segments of the ground ambulance industry4 7#f7 ,up to an additional #b representatives otherwise not described in paragraphs 7#a7 through 7#e71 as determined necessary and appropriate by the ,secretaries4 7c7 ,consultation ,the advisory committee shall1 as appropriate1 consult with relevant experts and stakeholders1 including those not otherwise included under subsection 7b71 while conducting the review described in subsection 7a74 7d7 ,recommendations ,the advisory committee shall make recommendations with respect to disclosure of charges and fees for ground ambulance services and insurance coverage1 consumer protection and enforcement authorities of the ,departments of ,labor1 ,health and ,human ,services1 and the ,treasury and ,state authorities1 and the prevention of balance billing to consumers4 ,the recommendations shall address1 at a minimum-- 7#a7 options1 best practices1 and identified standards to prevent instances of balance billing2 7#b7 steps that can be taken by ,state legislatures1 ,state insurance regulators1 ,state attorneys general1 and other ,state officials as appropriate1 consistent with current legal authorities regarding consumer protection2 and 7#c7 legislative options for ,congress to prevent balance billing4 7e7 ,report ,not later than #ahj days after the date of the first meeting of the advisory committee1 the advisory committee shall submit to the ,secretaries1 and the ,committees on ,education and ,labor1 ,energy and ,commerce1 and ,ways and ,means of the ,house of ,representatives and the ,committees on ,finance and ,health1 ,education1 ,labor1 and ,pensions a report containing the recommendations made under subsection 7d74 #aah4 ,implementation funding 7a7 ,in general ,for the purposes described in subsection 7b71 there are appropriated1 out of amounts in the ,treasury not otherwise appropriated1 to the ,secretary of ,health and ,human ,services1 the ,secretary of ,labor1 and the ,secretary of the ,treasury1 #ejj1jjj1jjj for fiscal year #bjba1 to remain available until expended through #bjbd4 7b7 ,permitted purposes ,the purposes described in this subsection are limited to the following purposes1 insofar as such purposes are to carry out the provisions of1 including the amendments made by1 this title and title ,,ii3 7#a7 ,preparing1 drafting1 and issuing proposed and final regulations or interim regulations4 7#b7 ,preparing1 drafting1 and issuing guidance and public information4 7#c7 ,preparing and holding public meetings4 7#d7 ,preparing1 drafting1 and publishing reports4 7#e7 ,enforcement of such provisions4 7#f7 ,reporting1 collection1 and analysis of data4 7#g7 ,establishment and initial implementation of the processes for independent dispute resolution and implementation of patient-provider dispute resolution under such provisions4 7#h7 ,conducting audits4 7#i7 ,other administrative duties necessary for implementation of such provisions4 7c7 ,transparency of implementation funds ,each ,secretary described in subsection 7a7 shall annually submit to the ,committees on ,energy and ,commerce1 on ,ways and ,means1 on ,education and ,labor1 and on ,appropriations of the ,house of ,representatives and on the ,committees on ,health1 ,education1 ,labor1 and ,pensions and on ,appropriations of the ,senate a report on funds expended pursuant to funds appropriated under this section4 ,,ii ,transparency #bja4 ,increasing transparency by removing gag clauses on price and quality information 7a7 ,,phsa ,part ,d of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg et seq471 as added and amended by title ,i1 is further amended by adding at the end the following3 #bgii;,a-#i4 ,increasing transparency by removing gag clauses on price and quality information 7a7 ,increasing price and quality transparency for plan sponsors and group and individual market consumers 7#a7 ,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 provider1 network or association of providers1 third-party administrator1 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-- 7,a7 providing provider-specific cost or quality of care information or data1 through a consumer engagement tool or any other means1 to referring providers1 the plan sponsor1 enrollees1 or individuals eligible to become enrollees of the plan or coverage2 7,b7 electronically accessing de-identified claims and encounter information or data for each enrollee in the plan or coverage1 upon request and consistent with the privacy regulations promulgated pursuant to section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif1 the amendments made by the ,genetic ,information ,nondiscrimination ,act of #bjjh1 and the ,americans with ,disabilities ,act of #aiij1 including1 on a per claim basis-- 7i7 financial information1 such as the allowed amount1 or any other claim-related financial obligations included in the provider contract2 7ii7 provider information1 including name and clinical designation2 7iii7 service codes2 or 7iv7 any other data element included in claim or encounter transactions2 or 7,c7 sharing information or data described in subparagraph 7,a7 or 7,b71 or directing that such data be shared1 with a business associate as defined in section #afj4ajc of title #de1 ,code of ,federal ,regulations 7or successor regulations71 consistent with the privacy regulations promulgated pursuant to section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif1 the amendments made by the ,genetic ,information ,nondiscrimination ,act of #bjjh1 and the ,americans with ,disabilities ,act of #aiij4 7#b7 ,individual health insurance coverage ,a health insurance issuer offering individual health insurance coverage may not enter into an agreement with a health care provider1 network or association of providers1 or other service provider offering access to a network of providers that would directly or indirectly restrict the health insurance issuer from-- 7,a7 providing provider-specific price or quality of care information1 through a consumer engagement tool or any other means1 to referring providers1 enrollees1 or individuals eligible to become enrollees of the plan or coverage2 or 7,b7 sharing1 for plan design1 plan administration1 and plan1 financial1 legal1 and quality improvement activities1 data described in subparagraph 7,a7 with a business associate as defined in section #afj4ajc of title #de1 ,code of ,federal ,regulations 7or successor regulations71 consistent with the privacy regulations promulgated pursuant to section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif1 the amendments made by the ,genetic ,information ,nondiscrimination ,act of #bjjh1 and the ,americans with ,disabilities ,act of #aiij4 7#c7 ,clarification regarding public disclosure of information ,nothing in paragraph 7#a77;,a7 or 7#b77;,a7 prevents a health care provider1 network or association of providers1 or other service provider from placing reasonable restrictions on the public disclosure of the information described in such paragraphs 7#a7 and 7#b74 7#d7 ,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 subsection4 7#e7 ,rules of construction ,nothing in this section shall be construed to modify or eliminate existing privacy protections and standards under ,state and ,federal law4 ,nothing in this subsection shall be construed to otherwise limit access by a group health plan1 plan sponsor1 or health insurance issuer to data as permitted under the privacy regulations promulgated pursuant to section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif1 the amendments made by the ,genetic ,information ,nondiscrimination ,act of #bjjh1 and the ,americans with ,disabilities ,act of #aiij4 4 7b7 ,,erisa ,subpart ,b of part #g of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aahe et seq471 as amended by title ,i1 is further amended by adding at the end the following3 #gbd4 ,increasing transparency by removing gag clauses on price and quality information 7a7 ,increasing price and quality transparency for plan sponsors and consumers 7#a7 ,in general ,a group health plan 7or an issuer of health insurance coverage offered in connection with such a plan7 may not enter into an agreement with a health care provider1 network or association of providers1 third-party administrator1 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-- 7,a7 providing provider-specific cost or quality of care information or data1 through a consumer engagement tool or any other means1 to referring providers1 the plan sponsor1 participants or beneficiaries1 or individuals eligible to become participants or beneficiaries of the plan or coverage2 7,b7 electronically accessing de-identified claims and encounter information or data for each participant or beneficiary in the plan or coverage1 upon request and consistent with the privacy regulations promulgated pursuant to section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif1 the amendments made by the ,genetic ,information ,nondiscrimination ,act of #bjjh1 and the ,americans with ,disabilities ,act of #aiij1 including1 on a per claim basis-- 7i7 financial information1 such as the allowed amount1 or any other claim-related financial obligations included in the provider contract2 7ii7 provider information1 including name and clinical designation2 7iii7 service codes2 or 7iv7 any other data element included in claim or encounter transactions2 or 7,c7 sharing information or data described in subparagraph 7,a7 or 7,b71 or directing that such data be shared1 with a business associate as defined in section #afj4ajc of title #de1 ,code of ,federal ,regulations 7or successor regulations71 consistent with the privacy regulations promulgated pursuant to section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif1 the amendments made by the ,genetic ,information ,nondiscrimination ,act of #bjjh1 and the ,americans with ,disabilities ,act of #aiij4 7#b7 ,clarification regarding public disclosure of information ,nothing in paragraph 7#a77;,a7 prevents a health care provider1 network or association of providers1 or other service provider from placing reasonable restrictions on the public disclosure of the information described in such paragraph 7#a74 7#c7 ,attestation ,a group health plan 7or health insurance coverage offered in connection with such a plan7 shall annually submit to the ,secretary an attestation that such plan or issuer of such coverage is in compliance with the requirements of this subsection4 7#d7 ,rules of construction ,nothing in this section shall be construed to modify or eliminate existing privacy protections and standards under ,state and ,federal law4 ,nothing in this subsection shall be construed to otherwise limit access by a group health plan1 plan sponsor1 or health insurance issuer to data as permitted under the privacy regulations promulgated pursuant to section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif1 the amendments made by the ,genetic ,information ,nondiscrimination ,act of #bjjh1 and the ,americans with ,disabilities ,act of #aiij4 4 7c7 ,,irc ,subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf1 as amended by title ,i1 is further amended by adding at the end the following3 #ihbd4 ,increasing transparency by removing gag clauses on price and quality information 7a7 ,increasing price and quality transparency for plan sponsors and consumers 7#a7 ,in general ,a group health plan may not enter into an agreement with a health care provider1 network or association of providers1 third-party administrator1 or other service provider offering access to a network of providers that would directly or indirectly restrict a group health plan from-- 7,a7 providing provider-specific cost or quality of care information or data1 through a consumer engagement tool or any other means1 to referring providers1 the plan sponsor1 participants or beneficiaries1 or individuals eligible to become participants or beneficiaries of the plan2 7,b7 electronically accessing de-identified claims and encounter information or data for each participant or beneficiary in the plan1 upon request and consistent with the privacy regulations promulgated pursuant to section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif1 the amendments made by the ,genetic ,information ,nondiscrimination ,act of #bjjh1 and the ,americans with ,disabilities ,act of #aiij1 including1 on a per claim basis-- 7i7 financial information1 such as the allowed amount1 or any other claim-related financial obligations included in the provider contract2 7ii7 provider information1 including name and clinical designation2 7iii7 service codes2 or 7iv7 any other data element included in claim or encounter transactions2 or 7,c7 sharing information or data described in subparagraph 7,a7 or 7,b71 or directing that such data be shared1 with a business associate as defined in section #afj4ajc of title #de1 ,code of ,federal ,regulations 7or successor regulations71 consistent with the privacy regulations promulgated pursuant to section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif1 the amendments made by the ,genetic ,information ,nondiscrimination ,act of #bjjh1 and the ,americans with ,disabilities ,act of #aiij4 7#b7 ,clarification regarding public disclosure of information ,nothing in paragraph 7#a77;,a7 prevents a health care provider1 network or association of providers1 or other service provider from placing reasonable restrictions on the public disclosure of the information described in such paragraph 7#a74 7#c7 ,attestation ,a group health plan shall annually submit to the ,secretary an attestation that such plan is in compliance with the requirements of this subsection4 7#d7 ,rules of construction ,nothing in this section shall be construed to modify or eliminate existing privacy protections and standards under ,state and ,federal law4 ,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 #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif1 the amendments made by the ,genetic ,information ,nondiscrimination ,act of #bjjh1 and the ,americans with ,disabilities ,act of #aiij4 4 7d7 ,clerical amendments 7#a7 ,,erisa ,the table of contents in section #a of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajja et seq471 as amended by title ,i1 is further amended by inserting after the item relating to section #gbc the following new item3 ,sec4 #gbd4 ,increasing transparency by removing gag clauses on price and quality information4 4 7#b7 ,,irc ,the table of sections for subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf1 as amended by title ,i1 is further amended by adding at the end the following new item3 ,sec4 #ihbd4 ,increasing transparency by removing gag clauses on price and quality information4 4 #bjb4 ,disclosure of direct and indirect compensation for brokers and consultants to employer-sponsored health plans and enrollees in plans on the individual market 7a7 ,group health plans ,section #djh7;b77#b7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aajh7;b77#b77 is amended-- 7#a7 by striking 7#b7 ,contracting or making and inserting 7#b77;,a7 ,contracting or making2 and 7#b7 by adding at the end the following3 7,b7 7i7 ,no contract or arrangement for services between a covered plan and a covered service provider1 and no extension or renewal of such a contract or arrangement1 is reasonable within the meaning of this paragraph unless the requirements of this clause are met4 7ii7 7,i7 ,for purposes of this subparagraph3 7aa7 ,the term covered plan means a group health plan as defined section #gcc7;a74 7bb7 ,the term covered service provider means a service provider that enters into a contract or arrangement with the covered plan and reasonably expects #a1jjj 7or such amount as the ,secretary may establish in regulations to account for inflation since the date of enactment of the ,consolidated ,appropriations ,act1 #bjba1 as appropriate7 or more in compensation1 direct or indirect1 to be received in connection with providing one or more of the following services1 pursuant to the contract or arrangement1 regardless of whether such services will be performed1 or such compensation received1 by the covered service provider1 an affiliate1 or a subcontractor3 7,,aa7 ,brokerage services1 for which the covered service provider1 an affiliate1 or a subcontractor reasonably expects to receive indirect compensation or direct compensation described in item 7dd71 provided to a covered plan with respect to selection of insurance products 7including vision and dental71 recordkeeping services1 medical management vendor1 benefits administration 7including vision and dental71 stop-loss insurance1 pharmacy benefit management services1 wellness services1 transparency tools and vendors1 group purchasing organization preferred vendor panels1 disease management vendors and products1 compliance services1 employee assistance programs1 or third party administration services4 7,,bb7 ,consulting1 for which the covered service provider1 an affiliate1 or a subcontractor reasonably expects to receive indirect compensation or direct compensation described in item 7dd71 related to the development or implementation of plan design1 insurance or insurance product selection 7including vision and dental71 recordkeeping1 medical management1 benefits administration selection 7including vision and dental71 stop-loss insurance1 pharmacy benefit management services1 wellness design and management services1 transparency tools1 group purchasing organization agreements and services1 participation in and services from preferred vendor panels1 disease management1 compliance services1 employee assistance programs1 or third party administration services4 7cc7 ,the term affiliate1 with respect to a covered service provider1 means an entity that directly or indirectly 7through one or more intermediaries7 controls1 is controlled by1 or is under common control with1 such provider1 or is an officer1 director1 or employee of1 or partner in1 such provider4 7dd7 7,,aa7 ,the term compensation means anything of monetary value1 but does not include non-monetary compensation valued at #bej 7or such amount as the ,secretary may establish in regulations to account for inflation since the date of enactment of the ,consolidated ,appropriations ,act1 #bjba1 as appropriate7 or less1 in the aggregate1 during the term of the contract or arrangement4 7,,bb7 ,the term direct compensation means compensation received directly from a covered plan4 7,,cc7 ,the term indirect compensation means compensation received from any source other than the covered plan1 the plan sponsor1 the covered service provider1 or an affiliate4 ,compensation received from a subcontractor is indirect compensation1 unless it is received in connection with services performed under a contract or arrangement with a subcontractor4 7ee7 ,the term responsible plan fiduciary means a fiduciary with authority to cause the covered plan to enter into1 or extend or renew1 the contract or arrangement4 7ff7 ,the term subcontractor means any person or entity 7or an affiliate of such person or entity7 that is not an affiliate of the covered service provider and that1 pursuant to a contract or arrangement with the covered service provider or an affiliate1 reasonably expects to receive #a1jjj 7or such amount as the ,secretary may establish in regulations to account for inflation since the date of enactment of the ,consolidated ,appropriations ,act1 #bjba1 as appropriate7 or more in compensation for performing one or more services described in item 7bb7 under a contract or arrangement with the covered plan4 7,,ii7 ,for purposes of this subparagraph1 a description of compensation or cost may be expressed as a monetary amount1 formula1 or a per capita charge for each enrollee or1 if the compensation or cost cannot reasonably be expressed in such terms1 by any other reasonable method1 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 estimate4 ,any such description shall contain sufficient information to permit evaluation of the reasonableness of the compensation or cost4 7,,iii7 ,no person or entity is a covered service provider within the meaning of subclause 7,i77bb7 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 7,,aa7 or 7,,bb7 of such subclause under the contract or arrangement with the covered plan4 7iii7 ,a covered service provider shall disclose to a responsible plan fiduciary1 in writing1 the following3 7,i7 ,a description of the services to be provided to the covered plan pursuant to the contract or arrangement4 7,,ii7 ,if applicable1 a statement that the covered service provider1 an affiliate1 or a subcontractor will provide1 or reasonably expects to provide1 services pursuant to the contract or arrangement directly to the covered plan as a fiduciary 7within the meaning of section #c7ba774 7,,iii7 ,a description of all direct compensation1 either in the aggregate or by service1 that the covered service provider1 an affiliate1 or a subcontractor reasonably expects to receive in connection with the services described in subclause 7,i74 7,,iv7 7aa7 ,a description of all indirect compensation that the covered service provider1 an affiliate1 or a subcontractor reasonably expects to receive in connection with the services described in subclause 7,i7-- 7,,aa7 including compensation from a vendor to a brokerage firm based on a structure of incentives not solely related to the contract with the covered plan2 and 7,,bb7 not including compensation received by an employee from an employer on account of work performed by the employee4 7bb7 ,a description of the arrangement between the payer and the covered service provider1 an affiliate1 or a subcontractor1 as applicable1 pursuant to which such indirect compensation is paid4 7cc7 ,identification of the services for which the indirect compensation will be received1 if applicable4 7dd7 ,identification of the payer of the indirect compensation4 7,v7 ,a description of any compensation that will be paid among the covered service provider1 an affiliate1 or a subcontractor1 in connection with the services described in subclause 7,i7 if such compensation is set on a transaction basis 7such as commissions1 finder's fees1 or other similar incentive compensation based on business placed or retained71 including identification of the services for which such compensation will be paid and identification of the payers and recipients of such compensation 7including the status of a payer or recipient as an affiliate or a subcontractor71 regardless of whether such compensation also is disclosed pursuant to subclause 7,,iii7 or 7,,iv74 7,,vi7 ,a description of any compensation that the covered service provider1 an affiliate1 or a subcontractor reasonably expects to receive in connection with termination of the contract or arrangement1 and how any prepaid amounts will be calculated and refunded upon such termination4 7iv7 ,a covered service provider shall disclose to a responsible plan fiduciary1 in writing a description of the manner in which the compensation described in clause 7iii71 as applicable1 will be received4 7v7 7,i7 ,a covered service provider shall disclose the information required under clauses 7iii7 and 7iv7 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 into1 and extended or renewed4 7,,ii7 ,a covered service provider shall disclose any change to the information required under clause 7iii7 and 7iv7 as soon as practicable1 but not later than #fj days from the date on which the covered service provider is informed of such change1 unless such disclosure is precluded due to extraordinary circumstances beyond the covered service provider's control1 in which case the information shall be disclosed as soon as practicable4 7vi7 7,i7 ,upon the written request of the responsible plan fiduciary or covered plan administrator1 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 ,act4 7,,ii7 ,the covered service provider shall disclose the information required under clause 7iii77,i7 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 requirement1 unless such disclosure is precluded due to extraordinary circumstances beyond the covered service provider's control1 in which case the information shall be disclosed as soon as practicable4 7vii7 ,no contract or arrangement will fail to be reasonable under this subparagraph solely because the covered service provider1 acting in good faith and with reasonable diligence1 makes an error or omission in disclosing the information required pursuant to clause 7iii7 7or a change to such information disclosed pursuant to clause 7v77,,ii77 or clause 7vi71 provided that the covered service provider discloses the correct information to the responsible plan fiduciary as soon as practicable1 but not later than #cj days from the date on which the covered service provider knows of such error or omission4 7viii7 7,i7 ,pursuant to subsection 7a71 subparagraphs 7,c7 and 7,d7 of section #djf7;a77#a7 shall not apply to a responsible plan fiduciary1 notwithstanding any failure by a covered service provider to disclose information required under clause 7iii71 if the following conditions are met3 7aa7 ,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 disclosed4 7bb7 ,the responsible plan fiduciary1 upon discovering that the covered service provider failed to disclose the required information1 requests in writing that the covered service provider furnish such information4 7cc7 ,if the covered service provider fails to comply with a written request described in subclause 7,,ii7 within #ij days of the request1 the responsible plan fiduciary notifies the ,secretary of the covered service provider's failure1 in accordance with subclauses 7,,ii7 and 7,,iii74 7,,ii7 ,a notice described in subclause 7,i77cc7 shall contain-- 7aa7 the name of the covered plan2 7bb7 the plan number used for the annual report on the covered plan2 7cc7 the plan sponsor's name1 address1 and employer identification number2 7dd7 the name1 address1 and telephone number of the responsible plan fiduciary2 7ee7 the name1 address1 phone number1 and1 if known1 employer identification number of the covered service provider2 7ff7 a description of the services provided to the covered plan2 7gg7 a description of the information that the covered service provider failed to disclose2 7hh7 the date on which such information was requested in writing from the covered service provider2 and 7ii7 a statement as to whether the covered service provider continues to provide services to the plan4 7,,iii7 ,a notice described in subclause 7,i77cc7 shall be filed with the ,department not later than #cj days following the earlier of-- 7aa7 ,the covered service provider's refusal to furnish the information requested by the written request described in subclause 7,i77bb72 or 7bb7 #ij days after the written request referred to in subclause 7,i77cc7 is made4 7,,iv7 ,if the covered service provider fails to comply with the written request under subclause 7,i77bb7 within #ij days of such request1 the responsible plan fiduciary shall determine whether to terminate or continue the contract or arrangement under section #djd4 ,if the requested information relates to future services and is not disclosed promptly after the end of the #ij-;day period1 the responsible plan fiduciary shall terminate the contract or arrangement as expeditiously as possible1 consistent with such duty of prudence4 7ix7 ,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 section1 except to the extent that such law prevents the application of a requirement of this section4 4 7b7 ,applicability of existing regulations ,nothing in the amendments made by subsection 7a7 shall be construed to affect the applicability of section #beej4djh;b-#b of title #bi1 ,code of ,federal ,regulations 7or any successor regulations71 with respect to any applicable entity other than a covered plan or a covered service provider 7as defined in section #djh7;b77#b77;,b77ii7 of the ,employee ,retirement ,income ,security ,act of #aigd1 as amended by subsection 7a774 7c7 ,individual market coverage ,subpart #a of part ,b of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#da et seq47 is amended by adding at the end the following3 #bgdf4 ,disclosure to enrollees of individual market coverage 7a7 ,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 coverage1 as described in subsection 7b71 and reports to the ,secretary1 as described in subsection 7c71 regarding direct or indirect compensation provided by the issuer to an agent or broker associated with enrolling individuals in such coverage4 7b7 ,disclosure ,a health insurance issuer described in subsection 7a7 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 enrollment4 ,such disclosure shall be-- 7#a7 made prior to the individual finalizing plan selection2 and 7#b7 included on any documentation confirming the individual's enrollment4 7c7 ,reporting ,a health insurance issuer described in subsection 7a7 shall annually report to the ,secretary1 prior to the beginning of open enrollment1 any direct or indirect compensation provided to an agent or broker associated with enrolling individuals in such coverage4 7d7 ,rulemaking ,not later than #a year after the date of enactment of the ,consolidated ,appropriations ,act1 #bjba1 the ,secretary shall finalize1 through notice-and-comment rulemaking1 the timing1 form1 and manner in which issuers described in subsection 7a7 are required to make the disclosures described in subsection 7b7 and the reports described in subsection 7c74 ,such rulemaking may also include adjustments to notice requirements to reflect the different processes for plan renewals1 in order to provide enrollees with full1 timely information4 4 7d7 ,transition rule ,no contract executed prior to the effective date described in subsection 7e7 by a group health plan subject to the requirements of section #djh7;b77#b77;,b7 of the ,employee ,retirement ,income ,security ,act of #aigd 7as amended by subsection 7a77 or by a health insurance issuer subject to the requirements of section #bgdf of the ,public ,health ,service ,act 7as added by subsection 7c77 shall be subject to the requirements of such section #djh7;b77#b77;,b7 or such section #bgdf1 as applicable4 7e7 ,application ,the amendments made by subsections 7a7 and 7c7 shall apply beginning #a year after the date of enactment of this ,act4 #bjc4 ,strengthening parity in mental health and substance use disorder benefits 7a7 ,in general 7#a7 ,,phsa ,section #bgbf7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#bf7;a77 is amended by adding at the end the following3 7#h7 ,compliance requirements 7,a7 ,nonquantitative treatment limitation 7,,nqtl7 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 7referred to in this section as ,n,q,t,ls7 on mental health or substance use disorder benefits1 such plan or issuer shall perform and document comparative analyses of the design and application of ,n,q,t,ls and1 beginning #de days after the date of enactment of the ,consolidated ,appropriations ,act1 #bjba1 make available to the applicable ,state authority 7or1 as applicable1 to the ,secretary of ,labor or the ,secretary of ,health and ,human ,services71 upon request1 the comparative analyses and the following information3 7i7 ,the specific plan or coverage terms or other relevant terms regarding the ,n,q,t,ls 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 classification4 7ii7 ,the factors used to determine that the ,n,q,t,ls will apply to mental health or substance use disorder benefits and medical or surgical benefits4 7iii7 ,the evidentiary standards used for the factors identified in clause 7ii71 when applicable1 provided that every factor shall be defined1 and any other source or evidence relied upon to design and apply the ,n,q,t,ls to mental health or substance use disorder benefits and medical or surgical benefits4 7iv7 ,the comparative analyses demonstrating that the processes1 strategies1 evidentiary standards1 and other factors used to apply the ,n,q,t,ls to mental health or substance use disorder benefits1 as written and in operation1 are comparable to1 and are applied no more stringently than1 the processes1 strategies1 evidentiary standards1 and other factors used to apply the ,n,q,t,ls to medical or surgical benefits in the benefits classification4 7v7 ,the specific findings and conclusions reached by the group health plan or health insurance issuer with respect to the health insurance coverage1 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 section4 7,b7 ,secretary request process 7i7 ,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 7,a7 for plans that involve potential violations of this section or complaints regarding noncompliance with this section that concern ,n,q,t,ls and any other instances in which the ,secretary determines appropriate4 ,the ,secretary shall request not fewer than #bj such analyses per year4 7ii7 ,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 7,a71 as requested under clause 7i71 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 7i7 for the ,secretary to review the comparative analyses described in subparagraph 7,a7 for compliance with this section4 ,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 7,a71 as requested under clause 7i74 7iii7 ,required action 7,i7 ,in general ,in instances in which the ,secretary has reviewed the comparative analyses described in subparagraph 7,a71 as requested under clause 7i71 and determined that the group health plan or health insurance issuer is not in compliance with this section1 the plan or issuer-- 7aa7 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 7,a7 that demonstrate compliance with this section not later than #de days after the initial determination by the ,secretary that the plan or issuer is not in compliance2 and 7bb7 following the #de-;day corrective action period under item 7aa71 if the ,secretary makes a final determination that the plan or issuer still is not in compliance with this section1 not later than #g days after such determination1 shall notify all individuals enrolled in the plan or applicable health insurance coverage offered by the issuer that the plan or issuer1 with respect to such coverage1 has been determined to be not in compliance with this section4 7,,ii7 ,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 #eeb of title #e1 ,united ,states ,code4 7iv7 ,report ,not later than #a year after the date of enactment of this paragraph1 and not later than ,october #a of each year thereafter1 the ,secretary shall submit to ,congress1 and make publicly available1 a report that contains-- 7,i7 a summary of the comparative analyses requested under clause 7i71 including the identity of each group health plan or health insurance issuer1 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 7iii77,i77bb72 7,,ii7 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 7i7 for compliance with this section2 7,,iii7 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 7i71 the ,secretary's conclusions as to whether and why the plan or issuer is in compliance with the requirements under this section2 7,,iv7 the ,secretary's specifications described in clause 7ii7 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 7i7 for compliance with this section2 and 7,v7 the ,secretary's specifications described in clause 7iii7 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 section1 including the reason why the ,secretary determined the plan or issuer is not in compliance4 7,c7 ,compliance program guidance document update process 7i7 ,in general ,the ,secretary shall include instances of noncompliance that the ,secretary discovers upon reviewing the comparative analyses requested under subparagraph 7,b77i7 in the compliance program guidance document described in paragraph 7#f71 as it is updated every #b years1 except that such instances shall not disclose any protected health information or individually identifiable information4 7ii7 ,guidance and regulations ,not later than #ah months after the date of enactment of this paragraph1 the ,secretary shall finalize any draft or interim guidance and regulations relating to mental health parity under this section4 ,such draft guidance shall include guidance to clarify the process and timeline for current and potential participants and beneficiaries 7and authorized representatives and health care providers of such participants and beneficiaries7 with respect to plans to file complaints of such plans or issuers being in violation of this section1 including guidance1 by plan type1 on the relevant ,state1 regional1 or national office with which such complaints should be filed4 7iii7 ,state ,the ,secretary shall share information on findings of compliance and noncompliance discovered upon reviewing the comparative analyses requested under subparagraph 7,b77i7 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 market1 in accordance with paragraph 7#f77;,b77iii77,,ii74 4 7#b7 ,,erisa ,section #gab7;a7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aahe;a7a77 is amended by adding at the end the following3 7#f7 ,compliance program guidance document 7,a7 ,in general ,the ,secretary1 the ,secretary of ,health and ,human ,services1 and the ,secretary of the ,treasury1 in consultation with the ,inspector ,general of the ,department of ,health and ,human ,services1 the ,inspector ,general of the ,department of ,labor1 and the ,inspector ,general of the ,department of the ,treasury1 shall issue a compliance program guidance document to help improve compliance with this section1 section #bgbf of the ,public ,health ,service ,act1 and section #ihab of the ,internal ,revenue ,code of #aihf1 as applicable4 ,in carrying out this paragraph1 the ,secretaries may take into consideration the #bjaf publication of the ,department of ,health and ,human ,services and the ,department of ,labor1 entitled ,warning ,signs - ,plan or ,policy ,non-,quantitative ,treatment ,limitations 7,n,q,t,ls7 that ,require ,additional ,analysis to ,determine ,mental ,health ,parity ,compliance4 7,b7 ,examples illustrating compliance and noncompliance 7i7 ,in general ,the compliance program guidance document required under this paragraph shall provide illustrative1 de-identified examples 7that do not disclose any protected health information or individually identifiable information7 of previous findings of compliance and noncompliance with this section1 section #bgbf of the ,public ,health ,service ,act1 or section #ihab of the ,internal ,revenue ,code of #aihf1 as applicable1 based on investigations of violations of such sections1 including-- 7,i7 examples illustrating requirements for information disclosures and nonquantitative treatment limitations2 and 7,,ii7 descriptions of the violations uncovered during the course of such investigations4 7ii7 ,nonquantitative treatment limitations ,to the extent that any example described in clause 7i7 involves a finding of compliance or noncompliance with regard to any requirement for nonquantitative treatment limitations1 the example shall provide sufficient detail to fully explain such finding1 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 benefits4 7iii7 ,access to additional information regarding compliance ,in developing and issuing the compliance program guidance document required under this paragraph1 the ,secretaries specified in subparagraph 7,a7-- 7,i7 shall enter into interagency agreements with the ,inspector ,general of the ,department of ,health and ,human ,services1 the ,inspector ,general of the ,department of ,labor1 and the ,inspector ,general of the ,department of the ,treasury to share findings of compliance and noncompliance with this section1 section #bgbf of the ,public ,health ,service ,act1 or section #ihab of the ,internal ,revenue ,code of #aihf1 as applicable2 and 7,,ii7 shall seek to enter into an agreement with a ,state to share information on findings of compliance and noncompliance with this section1 section #bgbf of the ,public ,health ,service ,act1 or section #ihab of the ,internal ,revenue ,code of #aihf1 as applicable4 7,c7 ,recommendations ,the compliance program guidance document shall include recommendations to advance compliance with this section1 section #bgbf of the ,public ,health ,service ,act1 or section #ihab of the ,internal ,revenue ,code of #aihf1 as applicable1 and encourage the development and use of internal controls to monitor adherence to applicable statutes1 regulations1 and program requirements4 ,such internal controls may include illustrative examples of nonquantitative treatment limitations on mental health and substance use disorder benefits1 which may fail to comply with this section1 section #bgbf of the ,public ,health ,service ,act1 or section #ihab of the ,internal ,revenue ,code of #aihf1 as applicable1 in relation to nonquantitative treatment limitations on medical and surgical benefits4 7,d7 ,updating the compliance program guidance document ,the ,secretary1 the ,secretary of ,health and ,human ,services1 and the ,secretary of the ,treasury1 in consultation with the ,inspector ,general of the ,department of ,health and ,human ,services1 the ,inspector ,general of the ,department of ,labor1 and the ,inspector ,general of the ,department of the ,treasury1 shall update the compliance program guidance document every #b years to include illustrative1 de-identified examples 7that do not disclose any protected health information or individually identifiable information7 of previous findings of compliance and noncompliance with this section1 section #bgbf of the ,public ,health ,service ,act1 or section #ihab of the ,internal ,revenue ,code of #aihf1 as applicable4 7#g7 ,additional guidance 7,a7 ,in general ,the ,secretary1 the ,secretary of ,health and ,human ,services1 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 section1 section #bgbf of the ,public ,health ,service ,act1 or section #ihab of the ,internal ,revenue ,code of #aihf1 as applicable4 7,b7 ,disclosure 7i7 ,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 section1 section #bgbf of the ,public ,health ,service ,act1 or section #ihab of the ,internal ,revenue ,code of #aihf1 as applicable1 7and any regulations promulgated pursuant to such sections1 as applicable74 7ii7 ,documents for participants1 beneficiaries1 contracting providers1 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 participant1 beneficiary1 contracting provider1 or authorized representative1 as applicable1 with documents containing information that the health plans or issuers are required to disclose to participants1 beneficiaries1 contracting providers1 or authorized representatives to ensure compliance with this section1 section #bgbf of the ,public ,health ,service ,act1 or section #ihab of the ,internal ,revenue ,code of #aihf1 as applicable1 compliance with any regulation issued pursuant to such respective section1 or compliance with any other applicable law or regulation4 ,such guidance shall include information that is comparative in nature with respect to-- 7,i7 nonquantitative treatment limitations for both medical and surgical benefits and mental health and substance use disorder benefits2 7,,ii7 the processes1 strategies1 evidentiary standards1 and other factors used to apply the limitations described in subclause 7,i72 and 7,,iii7 the application of the limitations described in subclause 7,i7 to ensure that such limitations are applied in parity with respect to both medical and surgical benefits and mental health and substance use disorder benefits4 7,c7 ,nonquantitative treatment limitations ,the guidance issued under this paragraph shall include clarifying information and illustrative examples of methods1 processes1 strategies1 evidentiary standards1 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 section1 section #bgbf of the ,public ,health ,service ,act1 or section #ihab of the ,internal ,revenue ,code of #aihf1 as applicable1 7and any regulations promulgated pursuant to such respective section71 including-- 7i7 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 benefits1 including nonquantitative treatment limitations pertaining to-- 7,i7 medical management standards based on medical necessity or appropriateness1 or whether a treatment is experimental or investigative2 7,,ii7 limitations with respect to prescription drug formulary design2 and 7,,iii7 use of fail-first or step therapy protocols2 7ii7 examples of methods of determining-- 7,i7 network admission standards 7such as credentialing72 and 7,,ii7 factors used in provider reimbursement methodologies 7such as service type1 geographic market1 demand for services1 and provider supply1 practice size1 training1 experience1 and licensure7 as such factors apply to network adequacy2 7iii7 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 limitations2 7iv7 examples of specific factors1 and the evidentiary standards used to evaluate such factors1 used by such plans or issuers in performing a nonquantitative treatment limitation analysis2 7v7 examples of how specific evidentiary standards may be used to determine whether treatments are considered experimental or investigative2 7vi7 examples of how specific evidentiary standards may be applied to each service category or classification of benefits2 7vii7 examples of methods of reaching appropriate coverage determinations for new mental health or substance use disorder treatments1 such as evidence-based early intervention programs for individuals with a serious mental illness and types of medical management techniques2 7viii7 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 benefit1 such as residential treatment or hospitalizations involving voluntary or involuntary commitment2 and 7ix7 additional illustrative examples of methods1 processes1 strategies1 evidentiary standards1 and other factors for which the ,secretary determines that additional guidance is necessary to improve compliance with this section1 section #bgbf of the ,public ,health ,service ,act1 or section #ihab of the ,internal ,revenue ,code of #aihf1 as applicable4 7,d7 ,public comment ,prior to issuing any final guidance under this paragraph1 the ,secretary shall provide a public comment period of not less than #fj days during which any member of the public may provide comments on a draft of the guidance4 7#h7 ,compliance requirements 7,a7 ,nonquantitative treatment limitation 7nqtl7 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 7referred to in this section as ,n,q,t,ls7 on mental health or substance use disorder benefits1 such plan or issuer shall perform and document comparative analyses of the design and application of ,n,q,t,ls and1 beginning #de days after the date of enactment of the ,consolidated ,appropriations ,act1 #bjba1 make available to the ,secretary1 upon request1 the comparative analyses and the following information3 7i7 ,the specific plan or coverage terms or other relevant terms regarding the ,n,q,t,ls1 that applies to such plan or coverage1 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 classification4 7ii7 ,the factors used to determine that the ,n,q,t,ls will apply to mental health or substance use disorder benefits and medical or surgical benefits4 7iii7 ,the evidentiary standards used for the factors identified in clause 7ii71 when applicable1 provided that every factor shall be defined1 and any other source or evidence relied upon to design and apply the ,n,q,t,ls to mental health or substance use disorder benefits and medical or surgical benefits4 7iv7 ,the comparative analyses demonstrating that the processes1 strategies1 evidentiary standards1 and other factors used to apply the ,n,q,t,ls to mental health or substance use disorder benefits1 as written and in operation1 are comparable to1 and are applied no more stringently than1 the processes1 strategies1 evidentiary standards1 and other factors used to apply the ,n,q,t,ls to medical or surgical benefits in the benefits classification4 7v7 ,the specific findings and conclusions reached by the group health plan or health insurance issuer with respect to the health insurance coverage1 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 section4 7,b7 ,secretary request process 7i7 ,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 7,a7 for plans that involve potential violations of this section or complaints regarding noncompliance with this section that concern ,n,q,t,ls and any other instances in which the ,secretary determines appropriate4 ,the ,secretary shall request not fewer than #bj such analyses per year4 7ii7 ,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 7,a71 as requested under clause 7i71 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 7i7 for the ,secretary to review the comparative analyses described in subparagraph 7,a7 for compliance with this section4 ,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 7,a71 as requested under clause 7i74 7iii7 ,required action 7,i7 ,in general ,in instances in which the ,secretary has reviewed the comparative analyses described in subparagraph 7,a71 as requested under clause 7i71 and determined that the group health plan or health insurance issuer is not in compliance with this section1 the plan or issuer-- 7aa7 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 7,a7 that demonstrate compliance with this section not later than #de days after the initial determination by the ,secretary that the plan or issuer is not in compliance2 and 7bb7 following the #de-;day corrective action period under item 7aa71 if the ,secretary makes a final determination that the plan or issuer still is not in compliance with this section1 not later than #g days after such determination1 shall notify all individuals enrolled in the plan or applicable health insurance coverage offered by the issuer that the plan or issuer1 with respect to such coverage1 has been determined to be not in compliance with this section4 7,,ii7 ,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 #eeb of title #e1 ,united ,states ,code4 7iv7 ,report ,not later than #a year after the date of enactment of this paragraph1 and not later than ,october #a of each year thereafter1 the ,secretary shall submit to ,congress1 and make publicly available1 a report that contains-- 7,i7 a summary of the comparative analyses requested under clause 7i71 including the identity of each group health plan or health insurance issuer1 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 7iii77,i77bb72 7,,ii7 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 7i7 for compliance with this section2 7,,iii7 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 7i71 the ,secretary's conclusions as to whether and why the plan or issuer is in compliance with the disclosure requirements under this section2 7,,iv7 the ,secretary's specifications described in clause 7ii7 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 7i7 for compliance with this section2 and 7,v7 the ,secretary's specifications described in clause 7iii7 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 section1 including the reason why the ,secretary determined the plan or issuer is not in compliance4 7,c7 ,compliance program guidance document update process 7i7 ,in general ,the ,secretary shall include instances of noncompliance that the ,secretary discovers upon reviewing the comparative analyses requested under subparagraph 7,b77i7 in the compliance program guidance document described in paragraph 7#f71 as it is updated every #b years1 except that such instances shall not disclose any protected health information or individually identifiable information4 7ii7 ,guidance and regulations ,not later than #ah months after the date of enactment of this paragraph1 the ,secretary shall finalize any draft or interim guidance and regulations relating to mental health parity under this section4 ,such draft guidance shall include guidance to clarify the process and timeline for current and potential participants and beneficiaries 7and authorized representatives and health care providers of such participants and beneficiaries7 with respect to plans to file complaints of such plans or issuers being in violation of this section1 including guidance1 by plan type1 on the relevant ,state1 regional1 or national office with which such complaints should be filed4 7iii7 ,state ,the ,secretary shall share information on findings of compliance and noncompliance discovered upon reviewing the comparative analyses requested under subparagraph 7,b77i7 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 market1 in accordance with paragraph 7#f77;,b77iii77,,ii74 4 7#c7 ,,irc ,section #ihab7;a7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 7#f7 ,compliance program guidance document 7,a7 ,in general ,the ,secretary1 the ,secretary of ,health and ,human ,services1 and the ,secretary of ,labor1 in consultation with the ,inspector ,general of the ,department of ,health and ,human ,services1 the ,inspector ,general of the ,department of ,labor1 and the ,inspector ,general of the ,department of the ,treasury1 shall issue a compliance program guidance document to help improve compliance with this section1 section #bgbf of the ,public ,health ,service ,act1 and section #gab of the ,employee ,retirement ,income ,security ,act of #aigd1 as applicable4 ,in carrying out this paragraph1 the ,secretaries may take into consideration the #bjaf publication of the ,department of ,health and ,human ,services and the ,department of ,labor1 entitled ,warning ,signs - ,plan or ,policy ,non-,quantitative ,treatment ,limitations 7,n,q,t,ls7 that ,require ,additional ,analysis to ,determine ,mental ,health ,parity ,compliance4 7,b7 ,examples illustrating compliance and noncompliance 7i7 ,in general ,the compliance program guidance document required under this paragraph shall provide illustrative1 de-identified examples 7that do not disclose any protected health information or individually identifiable information7 of previous findings of compliance and noncompliance with this section1 section #bgbf of the ,public ,health ,service ,act1 or section #gab of the ,employee ,retirement ,income ,security ,act of #aigd1 as applicable1 based on investigations of violations of such sections1 including-- 7,i7 examples illustrating requirements for information disclosures and nonquantitative treatment limitations2 and 7,,ii7 descriptions of the violations uncovered during the course of such investigations4 7ii7 ,nonquantitative treatment limitations ,to the extent that any example described in clause 7i7 involves a finding of compliance or noncompliance with regard to any requirement for nonquantitative treatment limitations1 the example shall provide sufficient detail to fully explain such finding1 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 benefits4 7iii7 ,access to additional information regarding compliance ,in developing and issuing the compliance program guidance document required under this paragraph1 the ,secretaries specified in subparagraph 7,a7-- 7,i7 shall enter into interagency agreements with the ,inspector ,general of the ,department of ,health and ,human ,services1 the ,inspector ,general of the ,department of ,labor1 and the ,inspector ,general of the ,department of the ,treasury to share findings of compliance and noncompliance with this section1 section #bgbf of the ,public ,health ,service ,act1 or section #gab of the ,employee ,retirement ,income ,security ,act of #aigd1 as applicable2 and 7,,ii7 shall seek to enter into an agreement with a ,state to share information on findings of compliance and noncompliance with this section1 section #bgbf of the ,public ,health ,service ,act1 or section #gab of the ,employee ,retirement ,income ,security ,act of #aigd1 as applicable4 7,c7 ,recommendations ,the compliance program guidance document shall include recommendations to advance compliance with this section1 section #bgbf of the ,public ,health ,service ,act1 or section #gab of the ,employee ,retirement ,income ,security ,act of #aigd1 as applicable1 and encourage the development and use of internal controls to monitor adherence to applicable statutes1 regulations1 and program requirements4 ,such internal controls may include illustrative examples of nonquantitative treatment limitations on mental health and substance use disorder benefits1 which may fail to comply with this section1 section #bgbf of the ,public ,health ,service ,act1 or section #gab of the ,employee ,retirement ,income ,security ,act of #aigd1 as applicable1 in relation to nonquantitative treatment limitations on medical and surgical benefits4 7,d7 ,updating the compliance program guidance document ,the ,secretary1 the ,secretary of ,health and ,human ,services1 and the ,secretary of ,labor1 in consultation with the ,inspector ,general of the ,department of ,health and ,human ,services1 the ,inspector ,general of the ,department of ,labor1 and the ,inspector ,general of the ,department of the ,treasury1 shall update the compliance program guidance document every #b years to include illustrative1 de-identified examples 7that do not disclose any protected health information or individually identifiable information7 of previous findings of compliance and noncompliance with this section1 section #bgbf of the ,public ,health ,service ,act1 or section #gab of the ,employee ,retirement ,income ,security ,act of #aigd1 as applicable4 7#g7 ,additional guidance 7,a7 ,in general ,the ,secretary1 the ,secretary of ,health and ,human ,services1 and the ,secretary of ,labor shall issue guidance to group health plans to assist such plans in satisfying the requirements of this section1 section #bgbf of the ,public ,health ,service ,act1 or section #gab of the ,employee ,retirement ,income ,security ,act of #aigd1 as applicable4 7,b7 ,disclosure 7i7 ,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 section1 section #bgbf of the ,public ,health ,service ,act1 or section #gab of the ,employee ,retirement ,income ,security ,act of #aigd1 as applicable1 7and any regulations promulgated pursuant to such sections1 as applicable74 7ii7 ,documents for participants1 beneficiaries1 contracting providers1 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 participant1 beneficiary1 contracting provider1 or authorized representative1 as applicable1 with documents containing information that the health plans are required to disclose to participants1 beneficiaries1 contracting providers1 or authorized representatives to ensure compliance with this section1 section #bgbf of the ,public ,health ,service ,act1 or section #gab of the ,employee ,retirement ,income ,security ,act of #aigd1 as applicable1 compliance with any regulation issued pursuant to such respective section1 or compliance with any other applicable law or regulation4 ,such guidance shall include information that is comparative in nature with respect to-- 7,i7 nonquantitative treatment limitations for both medical and surgical benefits and mental health and substance use disorder benefits2 7,,ii7 the processes1 strategies1 evidentiary standards1 and other factors used to apply the limitations described in subclause 7,i72 and 7,,iii7 the application of the limitations described in subclause 7,i7 to ensure that such limitations are applied in parity with respect to both medical and surgical benefits and mental health and substance use disorder benefits4 7,c7 ,nonquantitative treatment limitations ,the guidance issued under this paragraph shall include clarifying information and illustrative examples of methods1 processes1 strategies1 evidentiary standards1 and other factors that group health plans may use regarding the development and application of nonquantitative treatment limitations to ensure compliance with this section1 section #bgbf of the ,public ,health ,service ,act1 or section #gab of the ,employee ,retirement ,income ,security ,act of #aigd1 as applicable1 7and any regulations promulgated pursuant to such respective section71 including-- 7i7 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 benefits1 including nonquantitative treatment limitations pertaining to-- 7,i7 medical management standards based on medical necessity or appropriateness1 or whether a treatment is experimental or investigative2 7,,ii7 limitations with respect to prescription drug formulary design2 and 7,,iii7 use of fail-first or step therapy protocols2 7ii7 examples of methods of determining-- 7,i7 network admission standards 7such as credentialing72 and 7,,ii7 factors used in provider reimbursement methodologies 7such as service type1 geographic market1 demand for services1 and provider supply1 practice size1 training1 experience1 and licensure7 as such factors apply to network adequacy2 7iii7 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 limitations2 7iv7 examples of specific factors1 and the evidentiary standards used to evaluate such factors1 used by such plans in performing a nonquantitative treatment limitation analysis2 7v7 examples of how specific evidentiary standards may be used to determine whether treatments are considered experimental or investigative2 7vi7 examples of how specific evidentiary standards may be applied to each service category or classification of benefits2 7vii7 examples of methods of reaching appropriate coverage determinations for new mental health or substance use disorder treatments1 such as evidence-based early intervention programs for individuals with a serious mental illness and types of medical management techniques2 7viii7 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 benefit1 such as residential treatment or hospitalizations involving voluntary or involuntary commitment2 and 7ix7 additional illustrative examples of methods1 processes1 strategies1 evidentiary standards1 and other factors for which the ,secretary determines that additional guidance is necessary to improve compliance with this section1 section #bgbf of the ,public ,health ,service ,act1 or section #gab of the ,employee ,retirement ,income ,security ,act of #aigd1 as applicable4 7,d7 ,public comment ,prior to issuing any final guidance under this paragraph1 the ,secretary shall provide a public comment period of not less than #fj days during which any member of the public may provide comments on a draft of the guidance4 7#h7 ,compliance requirements 7,a7 ,nonquantitative treatment limitation 7nqtl7 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 7referred to in this section as ,n,q,t,ls7 on mental health or substance use disorder benefits1 such plan shall perform and document comparative analyses of the design and application of ,n,q,t,ls and1 beginning #de days after the date of enactment of the ,consolidated ,appropriations ,act1 #bjba1 make available to the ,secretary1 upon request1 the comparative analyses and the following information3 7i7 ,the specific plan terms or other relevant terms regarding the ,n,q,t,ls 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 classification4 7ii7 ,the factors used to determine that the ,n,q,t,ls will apply to mental health or substance use disorder benefits and medical or surgical benefits4 7iii7 ,the evidentiary standards used for the factors identified in clause 7ii71 when applicable1 provided that every factor shall be defined1 and any other source or evidence relied upon to design and apply the ,n,q,t,ls to mental health or substance use disorder benefits and medical or surgical benefits4 7iv7 ,the comparative analyses demonstrating that the processes1 strategies1 evidentiary standards1 and other factors used to apply the ,n,q,t,ls to mental health or substance use disorder benefits1 as written and in operation1 are comparable to1 and are applied no more stringently than1 the processes1 strategies1 evidentiary standards1 and other factors used to apply the ,n,q,t,ls to medical or surgical benefits in the benefits classification4 7v7 ,a disclosure of the specific findings and conclusions reached by the group health plan1 including any results of the analyses described in this subparagraph that indicate that the plan is or is not in compliance with this section4 7,b7 ,secretary request process 7i7 ,submission upon request ,the ,secretary shall request that a group health plan submit the comparative analyses described in subparagraph 7,a7 for plans that involve potential violations of this section or complaints regarding noncompliance with this section that concern ,n,q,t,ls and any other instances in which the ,secretary determines appropriate4 ,the ,secretary shall request not fewer than #bj such analyses per year4 7ii7 ,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 7,a71 as requested under clause 7i71 the ,secretary shall specify to the plan the information the plan must submit to be responsive to the request under clause 7i7 for the ,secretary to review the comparative analyses described in subparagraph 7,a7 for compliance with this section4 ,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 7,a71 as requested under clause 7i74 7iii7 ,required action 7,i7 ,in general ,in instances in which the ,secretary has reviewed the comparative analyses described in subparagraph 7,a71 as requested under clause 7i71 and determined that the group health plan is not in compliance with this section1 the plan-- 7aa7 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 7,a7 that demonstrate compliance with this section not later than #de days after the initial determination by the ,secretary that the plan is not in compliance2 and 7bb7 following the #de-;day corrective action period under item 7aa71 if the ,secretary makes a final determination that the plan still is not in compliance with this section1 not later than #g days after such determination1 shall notify all individuals enrolled in the plan that the plan has been determined to be not in compliance with this section4 7,,ii7 ,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 #eeb of title #e1 ,united ,states ,code4 7iv7 ,report ,not later than #a year after the date of enactment of this paragraph1 and not later than ,october #a of each year thereafter1 the ,secretary shall submit to ,congress1 and make publicly available1 a report that contains-- 7,i7 a summary of the comparative analyses requested under clause 7i71 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 7iii77,i77bb72 7,,ii7 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 7i7 for compliance with this section2 7,,iii7 for each group health plan that did submit sufficient information for the ,secretary to review the comparative analyses requested under clause 7i71 the ,secretary's conclusions as to whether and why the plan is in compliance with the disclosure requirements under this section2 7,,iv7 the ,secretary's specifications described in clause 7ii7 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 7i7 for compliance with this section2 and 7,v7 the ,secretary's specifications described in clause 7iii7 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 section1 including the reason why the ,secretary determined the plan is not in compliance4 7,c7 ,compliance program guidance document update process 7i7 ,in general ,the ,secretary shall include instances of noncompliance that the ,secretary discovers upon reviewing the comparative analyses requested under subparagraph 7,b77i7 in the compliance program guidance document described in paragraph 7#f71 as it is updated every #b years1 except that such instances shall not disclose any protected health information or individually identifiable information4 7ii7 ,guidance and regulations ,not later than #ah months after the date of enactment of this paragraph1 the ,secretary shall finalize any draft or interim guidance and regulations relating to mental health parity under this section4 ,such draft guidance shall include guidance to clarify the process and timeline for current and potential participants and beneficiaries 7and authorized representatives and health care providers of such participants and beneficiaries7 with respect to plans to file complaints of such plans being in violation of this section1 including guidance1 by plan type1 on the relevant ,state1 regional1 or national office with which such complaints should be filed4 7iii7 ,state ,the ,secretary shall share information on findings of compliance and noncompliance discovered upon reviewing the comparative analyses requested under subparagraph 7,b77i7 shall be shared with the ,state where the group health plan is located1 in accordance with paragraph 7#f77;,b77iii77,,ii74 4 7#d7 ,medicaid and ,,chip compliance 7,a7 ,medicaid managed care organizations ,section #aicb7;b77#h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifu-#b7;b77#h77 is amended by adding at the end the following new sentence3 ,in applying the previous sentence with respect to requirements under paragraph 7#h7 of section #bgbf7;a7 of the ,public ,health ,service ,act1 a ,medicaid managed care organization 7or a prepaid inpatient health plan 7as defined by the ,secretary7 or prepaid ambulatory health plan 7as defined by the ,secretary7 that offers services to enrollees of a ,medicaid managed care organization7 shall be treated as in compliance with such requirements if the ,medicaid managed care organization 7or prepaid inpatient health plan or prepaid ambulatory health plan7 is in compliance with subpart ,k of part #dch of title #db1 ,code of ,federal ,regulations1 and section #dch4c7n7 of such title1 or any successor regulation44 7,b7 ,other benchmark benefit packages or benchmark equivalent coverage ,section #aicg7;b77#f77;,a7 of such ,act 7#db ,u4,s4,c4 #acifu-#g7;b77#f77;,a77 is amended-- 7i7 by striking section #bgje7;a7 and inserting section #bgbf7;a72 and 7ii7 by adding at the end the following new sentence3 ,in applying the previous sentence with respect to requirements under paragraph 7#h7 of section #bgbf7;a7 of the ,public ,health ,service ,act1 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 coverage1 as applicable1 is in compliance with subpart ,c of part #ddj of title #db1 ,code of ,federal ,regulations1 or any successor regulation44 7,c7 ,state child health plans ,section #bajc7;c77#g77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7c77#g77;,a77 is amended-- 7i7 by striking section #bgje7;a7 and inserting section #bgbf7;a72 and 7ii7 by adding at the end the following new sentence3 ,in applying the previous sentence with respect to requirements under paragraph 7#h7 of section #bgbf7;a7 of the ,public ,health ,service ,act1 a ,state child health 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 #deg4dif of title #db1 ,code of ,federal ,regulations1 or any successor regulation44 7b7 ,guidance ,the ,secretary of ,health and ,human ,services1 jointly with the ,secretary of ,labor and the ,secretary of the ,treasury1 shall issue guidance to carry out the amendments made by paragraphs 7#a71 7#b71 and 7#c7 of subsection 7a74 #bjd4 ,reporting on pharmacy benefits and drug costs 7a7 ,,phsa ,part ,d of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg et seq471 as amended by section #bja1 is further amended by adding at the end the following3 #bgii;,a-#aj4 ,reporting on pharmacy benefits and drug costs 7a7 ,in general ,not later than #a year after the date of enactment of the ,consolidated ,appropriations ,act1 #bjba1 and not later than ,june #a of each year thereafter1 a group health plan or health insurance issuer offering group or individual health insurance coverage 7except for a church plan7 shall submit to the ,secretary1 the ,secretary of ,labor1 and the ,secretary of the ,treasury the following information with respect to the health plan or coverage in the previous plan year3 7#a7 ,the beginning and end dates of the plan year4 7#b7 ,the number of enrollees4 7#c7 ,each ,state in which the plan or coverage is offered4 7#d7 ,the #ej brand prescription drugs most frequently dispensed by pharmacies for claims paid by the plan or coverage1 and the total number of paid claims for each such drug4 7#e7 ,the #ej most costly prescription drugs with respect to the plan or coverage by total annual spending1 and the annual amount spent by the plan or coverage for each such drug4 7#f7 ,the #ej prescription drugs with the greatest increase in plan expenditures over the plan year preceding the plan year that is the subject of the report1 and1 for each such drug1 the change in amounts expended by the plan or coverage in each such plan year4 7#g7 ,total spending on health care services by such group health plan or health insurance coverage1 broken down by-- 7,a7 the type of costs1 including-- 7i7 hospital costs2 7ii7 health care provider and clinical service costs1 for primary care and specialty care separately2 7iii7 costs for prescription drugs2 and 7iv7 other medical costs1 including wellness services2 and 7,b7 spending on prescription drugs by-- 7i7 the health plan or coverage2 and 7ii7 the enrollees4 7#h7 ,the average monthly premium-- 7,a7 paid by employers on behalf of enrollees1 as applicable2 and 7,b7 paid by enrollees4 7#i7 ,any impact on premiums by rebates1 fees1 and any other remuneration paid by drug manufacturers to the plan or coverage or its administrators or service providers1 with respect to prescription drugs prescribed to enrollees in the plan or coverage1 including-- 7,a7 the amounts so paid for each therapeutic class of drugs2 and 7,b7 the amounts so paid for each of the #be drugs that yielded the highest amount of rebates and other remuneration under the plan or coverage from drug manufacturers during the plan year4 7#aj7 ,any reduction in premiums and out-of-pocket costs associated with rebates1 fees1 or other remuneration described in paragraph 7#i74 7b7 ,report ,not later than #ah months after the date on which the first report is required under subsection 7a7 and biannually thereafter1 the ,secretary1 acting through the ,assistant ,secretary of ,planning and ,evaluation and in coordination with the ,inspector ,general of the ,department of ,health and ,human ,services1 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 coverage1 prescription drug pricing trends1 and the role of prescription drug costs in contributing to premium increases or decreases under such plans or coverage1 aggregated in such a way as no drug or plan specific information will be made public4 7c7 ,privacy protections ,no confidential or trade secret information submitted to the ,secretary under subsection 7a7 shall be included in the report under subsection 7b74 4 7b7 ,,erisa ,subpart ,b of part #g of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aahe et seq471 as amended by section #bja1 is further amended by adding at the end the following3 #gbe4 ,reporting on pharmacy benefits and drug costs 7a7 ,in general ,not later than #a year after the date of enactment of the ,consolidated ,appropriations ,act1 #bjba1 and not later than ,june #a of each year thereafter1 a group health plan 7or health insurance coverage offered in connection with such a plan7 shall submit to the ,secretary1 the ,secretary of ,health and ,human ,services1 and the ,secretary of the ,treasury the following information with respect to the health plan or coverage in the previous plan year3 7#a7 ,the beginning and end dates of the plan year4 7#b7 ,the number of participants and beneficiaries4 7#c7 ,each ,state in which the plan or coverage is offered4 7#d7 ,the #ej brand prescription drugs most frequently dispensed by pharmacies for claims paid by the plan or coverage1 and the total number of paid claims for each such drug4 7#e7 ,the #ej most costly prescription drugs with respect to the plan or coverage by total annual spending1 and the annual amount spent by the plan or coverage for each such drug4 7#f7 ,the #ej prescription drugs with the greatest increase in plan expenditures over the plan year preceding the plan year that is the subject of the report1 and1 for each such drug1 the change in amounts expended by the plan or coverage in each such plan year4 7#g7 ,total spending on health care services by such group health plan or health insurance coverage1 broken down by-- 7,a7 the type of costs1 including-- 7i7 hospital costs2 7ii7 health care provider and clinical service costs1 for primary care and specialty care separately2 7iii7 costs for prescription drugs2 and 7iv7 other medical costs1 including wellness services2 and 7,b7 spending on prescription drugs by-- 7i7 the health plan or coverage2 and 7ii7 the participants and beneficiaries4 7#h7 ,the average monthly premium-- 7,a7 paid by employers on behalf of participants and beneficiaries1 as applicable2 and 7,b7 paid by participants and beneficiaries4 7#i7 ,any impact on premiums by rebates1 fees1 and any other remuneration paid by drug manufacturers to the plan or coverage or its administrators or service providers1 with respect to prescription drugs prescribed to participants or beneficiaries in the plan or coverage1 including-- 7,a7 the amounts so paid for each therapeutic class of drugs2 and 7,b7 the amounts so paid for each of the #be drugs that yielded the highest amount of rebates and other remuneration under the plan or coverage from drug manufacturers during the plan year4 7#aj7 ,any reduction in premiums and out-of-pocket costs associated with rebates1 fees1 or other remuneration described in paragraph 7#i74 7b7 ,report ,not later than #ah months after the date on which the first report is required under subsection 7a7 and biannually thereafter1 the ,secretary1 acting in coordination with the ,inspector ,general of the ,department of ,labor1 shall make available on the internet website of the ,department of ,labor a report on prescription drug reimbursements under group health plans 7or health insurance coverage offered in connection with such a plan71 prescription drug pricing trends1 and the role of prescription drug costs in contributing to premium increases or decreases under such plans or coverage1 aggregated in such a way as no drug or plan specific information will be made public4 7c7 ,privacy protections ,no confidential or trade secret information submitted to the ,secretary under subsection 7a7 shall be included in the report under subsection 7b74 4 7c7 ,,irc ,subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf1 as amended by section #bja1 is further amended by adding at the end the following3 #ihbe4 ,reporting on pharmacy benefits and drug costs 7a7 ,in general ,not later than #a year after the date of enactment of the ,consolidated ,appropriations ,act1 #bjba1 and not later than ,june #a of each year thereafter1 a group health plan shall submit to the ,secretary1 the ,secretary of ,health and ,human ,services1 and the ,secretary of ,labor the following information with respect to the health plan in the previous plan year3 7#a7 ,the beginning and end dates of the plan year4 7#b7 ,the number of participants and beneficiaries4 7#c7 ,each ,state in which the plan is offered4 7#d7 ,the #ej brand prescription drugs most frequently dispensed by pharmacies for claims paid by the plan1 and the total number of paid claims for each such drug4 7#e7 ,the #ej most costly prescription drugs with respect to the plan by total annual spending1 and the annual amount spent by the plan for each such drug4 7#f7 ,the #ej prescription drugs with the greatest increase in plan expenditures over the plan year preceding the plan year that is the subject of the report1 and1 for each such drug1 the change in amounts expended by the plan in each such plan year4 7#g7 ,total spending on health care services by such group health plan1 broken down by-- 7,a7 the type of costs1 including-- 7i7 hospital costs2 7ii7 health care provider and clinical service costs1 for primary care and specialty care separately2 7iii7 costs for prescription drugs2 and 7iv7 other medical costs1 including wellness services2 and 7,b7 spending on prescription drugs by-- 7i7 the health plan2 and 7ii7 the participants and beneficiaries4 7#h7 ,the average monthly premium-- 7,a7 paid by employers on behalf of participants and beneficiaries1 as applicable2 and 7,b7 paid by participants and beneficiaries4 7#i7 ,any impact on premiums by rebates1 fees1 and any other remuneration paid by drug manufacturers to the plan or its administrators or service providers1 with respect to prescription drugs prescribed to participants or beneficiaries in the plan1 including-- 7,a7 the amounts so paid for each therapeutic class of drugs2 and 7,b7 the amounts so paid for each of the #be drugs that yielded the highest amount of rebates and other remuneration under the plan from drug manufacturers during the plan year4 7#aj7 ,any reduction in premiums and out-of-pocket costs associated with rebates1 fees1 or other remuneration described in paragraph 7#i74 7b7 ,report ,not later than #ah months after the date on which the first report is required under subsection 7a7 and biannually thereafter1 the ,secretary1 acting in coordination with the ,inspector ,general of the ,department of the ,treasury1 shall make available on the internet website of the ,department of the ,treasury a report on prescription drug reimbursements under group health plans1 prescription drug pricing trends1 and the role of prescription drug costs in contributing to premium increases or decreases under such plans1 aggregated in such a way as no drug or plan specific information will be made public4 7c7 ,privacy protections ,no confidential or trade secret information submitted to the ,secretary under subsection 7a7 shall be included in the report under subsection 7b74 4 7d7 ,clerical amendments 7#a7 ,,erisa ,the table of contents in section #a of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajja et seq471 as amended by section #bja1 is further amended by inserting after the item relating to section #gbd the following new item3 ,sec4 #gbe4 ,reporting on pharmacy benefits and drug costs4 4 7#b7 ,,irc ,the table of sections for subchapter ,b of chapter #ajj of the ,internal ,revenue ,code of #aihf1 as amended by section #bja1 is further amended by adding at the end the following new item3 ,sec4 #ihbe4 ,reporting on pharmacy benefits and drug costs4 4 ,,iii ,public ,health ,provisions ,a ,extenders ,provisions #cja4 ,extension for community health centers1 the ,national ,health ,service ,corps1 and teaching health centers that operate ,,gme programs 7a7 ,community health centers ,section #ajejc7;b77#a77;,f7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #bed;b-#b7;b77#a77;,f77 is amended by striking 1 #d1jjj1jjj1jjj for fiscal year #bjai1 #d1jjj1jjj1jjj for fiscal year #bjbj1 and #hfe1gec1dbe for the period beginning on ,october #a1 #bjbj1 and ending on ,december #ah1 #bjbj and inserting and #d1jjj1jjj1jjj for each of fiscal years #bjai through #bjbc4 7b7 ,national ,health ,service ,corps ,section #ajejc7;b77#b77;,h7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #bed;b-#b7;b77#b77;,h77 is amended by striking #fg1jie1hij for the period beginning on ,october #a1 #bjbj1 and ending on ,december #ah1 #bjbj and inserting #caj1jjj1jjj for each of fiscal years #bjba through #bjbc4 7c7 ,teaching health centers that operate graduate medical education programs ,section #cdj;,h7g77#a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bef;h7g77#a77 is amended-- 7#a7 by inserting and after #bjag12 and 7#b7 by striking fiscal year #bjbj1 and #bg1cgi1deb for the period beginning on ,october #a1 #bjbj1 and ending on ,december #ah1 #bjbj and inserting #bjbc4 7d7 ,application of provisions ,amounts appropriated pursuant to the amendments made by this section for fiscal years #bjba through #bjbc shall be subject to the requirements contained in ,public ,law #aaf-id for funds for programs authorized under sections #ccj through #cdj of the ,public ,health ,service ,act4 7e7 ,conforming amendments ,paragraph 7#d7 of section #cjad7;h7 of title #ah1 ,united ,states ,code1 as amended by section #abja7;e7 of the ,further ,continuing ,appropriations ,act1 #bjba1 and ,other ,extensions ,act1 is amended by striking and section #abja7;d7 of the ,further ,continuing ,appropriations ,act1 #bjba1 and ,other ,extensions ,act and inserting 1 section #abja7;d7 of the ,further ,continuing ,appropriations ,act1 #bjba1 and ,other ,extensions ,act1 and section #cja7;d7 of division ,,bb of the ,consolidated ,appropriations ,act1 #bjba44 #cjb4 ,diabetes programs 7a7 ,type ,i ,section #ccj;,b7b77#b77;,d7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;c-#b7;b77#b77;,d77 is amended by striking #bjbj1 and #cb1dfe1gec for the period beginning on ,october #a1 #bjbj1 and ending on ,december #ah1 #bjbj and inserting #bjbc4 7b7 ,indians ,section #ccj;,c7c77#b77;,d7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;c-#c7;c77#b77;,d77 is amended by striking #bjbj1 and #cb1dfe1gec for the period beginning on ,october #a1 #bjbj1 and ending on ,december #ah1 #bjbj and inserting #bjbc4 ,b ,strengthening public health #caa4 ,improving awareness of disease prevention 7a7 ,in general ,the ,public ,health ,service ,act is amended by striking section #cac of such ,act 7#db ,u4,s4,c4 #bde7 and inserting the following3 #cac4 ,public awareness campaign on the importance of vaccinations 7a7 ,in general ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention and in coordination with other offices and agencies1 as appropriate1 shall award competitive grants or contracts to one or more public or private entities to carry out a national1 evidence-based campaign to increase awareness and knowledge of the safety and effectiveness of vaccines for the prevention and control of diseases1 combat misinformation about vaccines1 and disseminate scientific and evidence-based vaccine-related information1 with the goal of increasing rates of vaccination across all ages1 as applicable1 particularly in communities with low rates of vaccination1 to reduce and eliminate vaccine-preventable diseases4 7b7 ,consultation ,in carrying out the campaign under this section1 the ,secretary shall consult with appropriate public health and medical experts1 including the ,national ,academy of ,medicine and medical and public health associations and nonprofit organizations1 in the development1 implementation1 and evaluation of the evidence-based public awareness campaign4 7c7 ,requirements ,the campaign under this section shall-- 7#a7 be a nationwide1 evidence-based media and public engagement initiative2 7#b7 include the development of resources for communities with low rates of vaccination1 including culturally and linguistically appropriate resources1 as applicable2 7#c7 include the dissemination of vaccine information and communication resources to public health departments1 health care providers1 and health care facilities1 including such providers and facilities that provide prenatal and pediatric care2 7#d7 be complementary to1 and coordinated with1 any other ,federal1 ,state1 local1 or ,tribal efforts1 as appropriate2 and 7#e7 assess the effectiveness of communication strategies to increase rates of vaccination4 7d7 ,additional activities ,the campaign under this section may-- 7#a7 include the use of television1 radio1 the internet1 and other media and telecommunications technologies2 7#b7 include the use of in-person activities2 7#c7 be focused to address specific needs of communities and populations with low rates of vaccination2 and 7#d7 include the dissemination of scientific and evidence-based vaccine-related information1 such as-- 7,a7 advancements in evidence-based research related to diseases that may be prevented by vaccines and vaccine development2 7,b7 information on vaccinations for individuals and communities1 including individuals for whom vaccines are not recommended by the ,advisory ,committee for ,immunization ,practices1 and the effects of low vaccination rates within a community on such individuals2 7,c7 information on diseases that may be prevented by vaccines2 and 7,d7 information on vaccine safety and the systems in place to monitor vaccine safety4 7e7 ,evaluation ,the ,secretary shall-- 7#a7 establish benchmarks and metrics to quantitatively measure and evaluate the awareness campaign under this section2 7#b7 conduct qualitative assessments regarding the awareness campaign under this section2 and 7#c7 prepare and submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and ,committee on ,energy and ,commerce of the ,house of ,representatives an evaluation of the awareness campaign under this section4 7f7 ,supplement not supplant ,funds appropriated under this section shall be used to supplement and not supplant other ,federal1 ,state1 and local public funds provided for activities described in this section4 7g7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section and subsections 7k7 and 7n7 of section #cag1 #ae1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 7b7 ,grants to address vaccine-preventable diseases ,section #cag of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;b7 is amended-- 7#a7 in subsection 7k77#a7-- 7,a7 in subparagraph 7,c71 by striking 2 and and inserting a semicolon2 7,b7 in subparagraph 7,d71 by striking the period and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,e7 planning1 implementation1 and evaluation of activities to address vaccine-preventable diseases1 including activities to-- 7i7 identify communities at high risk of outbreaks related to vaccine-preventable diseases1 including through improved data collection and analysis2 7ii7 pilot innovative approaches to improve vaccination rates in communities and among populations with low rates of vaccination2 7iii7 reduce barriers to accessing vaccines and evidence-based information about the health effects of vaccines2 7iv7 partner with community organizations and health care providers to develop and deliver evidence-based interventions1 including culturally and linguistically appropriate interventions1 to increase vaccination rates2 7v7 improve delivery of evidence-based vaccine-related information to parents and others2 and 7vi7 improve the ability of ,state1 local1 ,tribal1 and territorial public health departments to engage communities at high risk for outbreaks related to vaccine-preventable diseases1 including1 as appropriate1 with local educational agencies1 as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife2 and 7,f7 research related to strategies for improving awareness of scientific and evidence-based vaccine-related information1 including for communities with low rates of vaccination1 in order to understand barriers to vaccination1 improve vaccination rates1 and assess the public health outcomes of such strategies4 2 and 7#b7 by adding at the end the following3 7n7 ,vaccination data ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall expand and enhance1 and1 as appropriate1 establish and improve1 programs and conduct activities to collect1 monitor1 and analyze vaccination coverage data to assess levels of protection from vaccine-preventable diseases1 including by assessing factors contributing to underutilization of vaccines and variations of such factors1 and identifying communities at high risk of outbreaks associated with vaccine-preventable diseases4 4 7c7 ,supplemental grant funds ,section #ccj7;d77#a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;b7 is amended-- 7#a7 in subparagraph 7,f71 by striking and at the end2 7#b7 in subparagraph 7,g71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7,h7 improving access to recommended immunizations4 4 7d7 ,update of #bjae ,,nvac ,report ,the ,national ,vaccine ,advisory ,committee established under section #baje of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;aa-#e7 shall1 as appropriate1 update the report entitled1 ,assessing the ,state of ,vaccine ,confidence in the ,united ,states3 ,recommendations from the ,national ,vaccine ,advisory ,committee1 approved by the ,national ,vaccine ,advisory ,committee on ,june #aj1 #bjae1 with respect to factors affecting childhood vaccination4 #cab4 ,guide on evidence-based strategies for public health department obesity prevention programs 7a7 ,development and dissemination of an evidence-based strategies guide ,the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary71 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 not later than #b years after the date of enactment of this ,act1 may-- 7#a7 develop a guide on evidence-based strategies for ,state1 territorial1 and local health departments to use to build and maintain effective obesity prevention and reduction programs1 and1 in consultation with ,indian ,tribes1 ,tribal organizations1 and urban ,indian organizations1 a guide on such evidence-based strategies with respect to ,indian ,tribes and ,tribal organizations for such ,indian ,tribes and ,tribal organizations to use for such purpose1 both of which guides shall-- 7,a7 describe an integrated program structure for implementing interventions proven to be effective in preventing and reducing the incidence of obesity2 and 7,b7 recommend-- 7i7 optimal resources1 including staffing and infrastructure1 for promoting nutrition and obesity prevention and reduction2 and 7ii7 strategies for effective obesity prevention programs for ,state1 territorial1 and local health departments1 ,indian ,tribes1 and ,tribal organizations1 including strategies related to-- 7,i7 the application of evidence-based and evidence-informed practices to prevent and reduce obesity rates2 7,,ii7 the development1 implementation1 and evaluation of obesity prevention and reduction strategies for specific communities and populations2 7,,iii7 demonstrated knowledge of obesity prevention practices that reduce associated preventable diseases1 health conditions1 death1 and health care costs2 7,,iv7 best practices for the coordination of efforts to prevent and reduce obesity and related chronic diseases2 7,v7 addressing the underlying risk factors and social determinants of health that impact obesity rates2 and 7,,vi7 interdisciplinary coordination between relevant public health officials specializing in fields such as nutrition1 physical activity1 epidemiology1 communications1 and policy implementation1 and collaboration between public health officials1 community-based organizations1 and others1 as appropriate2 and 7#b7 disseminate the guides and current research1 evidence-based practices1 tools1 and educational materials related to obesity prevention1 consistent with the guides1 to ,state1 territorial1 and local health departments1 ,indian ,tribes1 and ,tribal organizations4 7b7 ,technical assistance ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall provide technical assistance to ,state1 territorial1 and local health departments1 ,indian ,tribes1 and ,tribal organizations to support such health departments in implementing the guide developed under subsection 7a77#a74 7c7 ,indian ,tribes2 ,tribal organizations2 urban ,indian organizations ,in this section-- 7#a7 the terms ,indian ,tribe and ,tribal organization have the meanings given the terms ,indian tribe and tribal organization1 respectively1 in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd72 and 7#b7 the term urban ,indian organization has the meaning given such term in section #d of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afjc74 #cac4 ,expanding capacity for health outcomes ,title ,,iii of the ,public ,health ,service ,act is amended by inserting after section #ccj,m 7#db ,u4,s4,c4 #bed;c-#ai7 the following3 #ccj,n4 ,expanding capacity for health outcomes 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means an entity that provides1 or supports the provision of1 health care services in rural areas1 frontier areas1 health professional shortage areas1 or medically underserved areas1 or to medically underserved populations or ,native ,americans1 including ,indian ,tribes1 ,tribal organizations1 and urban ,indian organizations1 and which may include entities leading1 or capable of leading1 a technology-enabled collaborative learning and capacity building model or engaging in technology-enabled collaborative training of participants in such model4 7#b7 ,health professional shortage area ,the term health professional shortage area means a health professional shortage area designated under section #ccb4 7#c7 ,indian ,tribe ,the terms ,indian ,tribe and ,tribal organization have the meanings given the terms ,indian tribe and tribal organization in section #d of the ,indian ,self-,determination and ,education ,assistance ,act4 7#d7 ,medically underserved population ,the term medically underserved population has the meaning given the term in section #ccj7;b77#c74 7#e7 ,native ,americans ,the term ,native ,americans has the meaning given the term in section #gcf and includes ,indian ,tribes and ,tribal organizations4 7#f7 ,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 professionals1 and particularly specialists1 with multiple other health care professionals through simultaneous interactive videoconferencing for the purpose of facilitating case-based learning1 disseminating best practices1 and evaluating outcomes4 7#g7 ,urban ,indian organization ,the term urban ,indian organization has the meaning given the term in section #d of the ,indian ,health ,care ,improvement ,act4 7b7 ,program established ,the ,secretary shall1 as appropriate1 award grants to evaluate1 develop1 and1 as appropriate1 expand the use of technology-enabled collaborative learning and capacity building models1 to improve retention of health care providers and increase access to health care services1 such as those to address chronic diseases and conditions1 infectious diseases1 mental health1 substance use disorders1 prenatal and maternal health1 pediatric care1 pain management1 palliative care1 and other specialty care in rural areas1 frontier areas1 health professional shortage areas1 or medically underserved areas and for medically underserved populations or ,native ,americans4 7c7 ,use of funds 7#a7 ,in general ,grants awarded under subsection 7b7 shall be used for-- 7,a7 the development and acquisition of instructional programming1 and the training of health care providers and other professionals that provide or assist in the provision of services through models described in subsection 7b71 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 models2 7,b7 information collection and evaluation activities to study the impact of such models on patient outcomes and health care providers1 and to identify best practices for the expansion and use of such models2 or 7,c7 other activities consistent with achieving the objectives of the grants awarded under this section1 as determined by the ,secretary4 7#b7 ,other uses ,in addition to any of the uses under paragraph 7#a71 grants awarded under subsection 7b7 may be used for-- 7,a7 equipment to support the use and expansion of technology-enabled collaborative learning and capacity building models1 including for hardware and software that enables distance learning1 health care provider support1 and the secure exchange of electronic health information2 or 7,b7 support for health care providers and other professionals that provide or assist in the provision of services through such models4 7d7 ,length of grants ,grants awarded under subsection 7b7 shall be for a period of up to #e years4 7e7 ,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 models1 such as on health outcomes1 access to health care services1 quality of care1 and provider retention in areas and populations described in subsection 7b74 ,the ,secretary may award a grant or contract to assist in the coordination of such models1 including to assess outcomes associated with the use of such models in grants awarded under subsection 7b71 including for the purpose described in subsection 7c77#a77;,b74 7f7 ,application ,an eligible entity that seeks to receive a grant under subsection 7b7 shall submit to the ,secretary an application1 at such time1 in such manner1 and containing such information as the ,secretary may require4 ,such application shall include plans to assess the effect of technology-enabled collaborative learning and capacity building models on patient outcomes and health care providers4 7g7 ,access to broadband ,in administering grants under this section1 the ,secretary may coordinate with other agencies to ensure that funding opportunities are available to support access to reliable1 high-speed internet for grantees4 7h7 ,technical assistance ,the ,secretary shall provide 7either directly through the ,department of ,health and ,human ,services or by contract7 technical assistance to eligible entities1 including recipients of grants under subsection 7b71 on the development1 use1 and evaluation of technology-enabled collaborative learning and capacity building models in order to expand access to health care services provided by such entities1 including for medically underserved areas and to medically underserved populations or ,native ,americans4 7i7 ,research and evaluation ,the ,secretary1 in consultation with stakeholders with appropriate expertise in such models1 shall develop a strategic plan to research and evaluate the evidence for such models4 ,the ,secretary shall use such plan to inform the activities carried out under this section4 7j7 ,report by ,secretary ,not later than #d years after the date of enactment of this section1 the ,secretary shall prepare and submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and post on the internet website of the ,department of ,health and ,human ,services1 a report including1 at minimum-- 7#a7 a description of any new and continuing grants awarded to entities under subsection 7b7 and the specific purpose and amounts of such grants2 7#b7 an overview of-- 7,a7 the evaluations conducted under subsections 7b72 7,b7 technical assistance provided under subsection 7h72 and 7,c7 activities conducted by entities awarded grants under subsection 7b72 and 7#c7 a description of any significant findings or developments related to patient outcomes or health care providers and best practices for eligible entities expanding1 using1 or evaluating technology-enabled collaborative learning and capacity building models1 including through the activities described in subsection 7h74 7k7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 4 #cad4 ,public health data system modernization ,subtitle ,c of title ,,xxviii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;hh-#ca et seq47 is amended by adding at the end the following3 #bhbc4 ,public health data system modernization 7a7 ,expanding ,,cdc and public health department capabilities 7#a7 ,in general ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall-- 7,a7 conduct activities to expand1 modernize1 improve1 and sustain applicable public health data systems used by the ,centers for ,disease ,control and ,prevention1 including with respect to the interoperability and improvement of such systems 7including as it relates to preparedness for1 prevention and detection of1 and response to public health emergencies72 and 7,b7 award grants or cooperative agreements to ,state1 local1 ,tribal1 or territorial public health departments for the expansion and modernization of public health data systems1 to assist public health departments and public health laboratories in-- 7i7 assessing current data infrastructure capabilities and gaps to-- 7,i7 improve and increase consistency in data collection1 storage1 and analysis2 and 7,,ii7 as appropriate1 improve dissemination of public health-related information2 7ii7 improving secure public health data collection1 transmission1 exchange1 maintenance1 and analysis1 including with respect to demographic data1 as appropriate2 7iii7 improving the secure exchange of data between the ,centers for ,disease ,control and ,prevention1 ,state1 local1 ,tribal1 and territorial public health departments1 public health laboratories1 public health organizations1 and health care providers1 including by public health officials in multiple jurisdictions within such ,state1 as appropriate1 and by simplifying and supporting reporting by health care providers1 as applicable1 pursuant to ,state law1 including through the use of health information technology2 7iv7 enhancing the interoperability of public health data systems 7including systems created or accessed by public health departments7 with health information technology1 including with health information technology certified under section #cjja7;c77#e72 7v7 supporting and training data systems1 data science1 and informatics personnel2 7vi7 supporting earlier disease and health condition detection1 such as through near real-time data monitoring1 to support rapid public health responses2 7vii7 supporting activities within the applicable jurisdiction related to the expansion and modernization of electronic case reporting2 and 7viii7 developing and disseminating information related to the use and importance of public health data4 7#b7 ,data standards ,in carrying out paragraph 7#a71 the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall1 as appropriate and in consultation with the ,office of the ,national ,coordinator for ,health ,information ,technology1 designate data and technology standards 7including standards for interoperability7 for public health data systems1 with deference given to standards published by consensus-based standards development organizations with public input and voluntary consensus-based standards bodies4 7#c7 ,public-private partnerships ,the ,secretary may develop and utilize public-private partnerships for technical assistance1 training1 and related implementation support for ,state1 local1 ,tribal1 and territorial public health departments1 and the ,centers for ,disease ,control and ,prevention1 on the expansion and modernization of electronic case reporting and public health data systems1 as applicable4 7b7 ,requirements 7#a7 ,health information technology standards ,the ,secretary may not award a grant or cooperative agreement under subsection 7a77#a77;,b7 unless the applicant uses or agrees to use standards endorsed by the ,national ,coordinator for ,health ,information ,technology pursuant to section #cjja7;c77#a7 or adopted by the ,secretary under section #cjjd4 7#b7 ,waiver ,the ,secretary may waive the requirement under paragraph 7#a7 with respect to an applicant if the ,secretary determines that the activities under subsection 7a77#a77;,b7 cannot otherwise be carried out within the applicable jurisdiction4 7#c7 ,application ,a ,state1 local1 ,tribal1 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 require4 ,such application shall include information describing-- 7,a7 the activities that will be supported by the grant or cooperative agreement2 and 7,b7 how the modernization of the public health data systems involved will support or impact the public health infrastructure of the health department1 including a description of remaining gaps1 if any1 and the actions needed to address such gaps4 7c7 ,strategy and implementation plan ,not later than #ahj days after the date of enactment of this section1 the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall submit to the ,committee on ,health1 ,education1 ,labor1 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-- 7#a7 update and improve applicable public health data systems used by the ,centers for ,disease ,control and ,prevention2 and 7#b7 carry out the activities described in this section to support the improvement of ,state1 local1 ,tribal1 and territorial public health data systems4 7d7 ,consultation ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall consult with ,state1 local1 ,tribal1 and territorial health departments1 professional medical and public health associations1 associations representing hospitals or other health care entities1 health information technology experts1 and other appropriate public or private entities regarding the plan and grant program to modernize public health data systems pursuant to this section4 ,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 local1 ,state1 ,federal1 ,tribal1 and territorial levels1 and the development and utilization of public-private partnerships for implementation support applicable to this section4 7e7 ,report to ,congress ,not later than #a year after the date of enactment of this section1 the ,secretary shall submit a report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives that includes-- 7#a7 a description of any barriers to-- 7,a7 public health authorities implementing interoperable public health data systems and electronic case reporting2 7,b7 the exchange of information pursuant to electronic case reporting2 7,c7 reporting by health care providers using such public health data systems1 as appropriate1 and pursuant to ,state law2 or 7,d7 improving demographic data collection or analysis2 7#b7 an assessment of the potential public health impact of implementing electronic case reporting and interoperable public health data systems2 and 7#c7 a description of the activities carried out pursuant to this section4 7f7 ,electronic case reporting ,in this section1 the term electronic case reporting means the automated identification1 generation1 and bilateral exchange of reports of health events among electronic health record or health information technology systems and public health authorities4 7g7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated #ajj1jjj1jjj for each of fiscal years #bjba through #bjbe4 4 #cae4 ,native ,american suicide prevention ,section #ebj;,e7b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;bb-#cf7;b7 is amended by inserting after paragraph 7#c7 the following3 7#d7 ,consultation ,an entity described in paragraph 7#a77;,a7 or 7#a77;,b7 that applies for a grant or cooperative agreement under this section shall agree to consult or confer with entities described in paragraph 7#a77;,c7 and ,native ,hawaiian ,health ,care ,systems1 as applicable1 in the applicable ,state with respect to the development and implementation of a statewide early intervention strategy4 4 #caf4 ,reauthorization of the ,young ,women's ,breast ,health ,education and ,awareness ,requires ,learning ,young ,act of #bjji ,section #cii,,nn7h7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhjm7h77 is amended by striking #d1ijj1jjj for each of fiscal years #bjae through #bjai and inserting #i1jjj1jjj for each of fiscal years #bjbb through #bjbf4 #cag4 ,reauthorization of school-based health centers ,section #cii,z-#a7l7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;h-#e7l77 is amended by striking #bjaj through #bjad and inserting #bjbb through #bjbf4 ,c ,,fda amendments #cba4 ,rare pediatric disease priority review voucher extension ,section #ebi7;b77#e7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfj;ff7b77#e77 is amended-- 7#a7 by striking ,december #ah1 #bjbj each place it appears and inserting ,september #cj1 #bjbd2 and 7#b7 in subparagraph 7,b71 by striking ,december #ah1 #bjbb and inserting ,september #cj1 #bjbf4 #cbb4 ,conditions of use for biosimilar biological products ,section #cea7k77#b77;,a77iii7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7k77#b77;,a77iii77 is amended-- 7#a7 in subclause 7,i71 by striking 2 and and inserting a semicolon2 7#b7 in subclause 7,,ii71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7,,iii7 may include information to show that the conditions of use prescribed1 recommended1 or suggested in the labeling proposed for the biological product have been previously approved for the reference product4 4 #cbc4 ,orphan drug clarification ,section #ebg7;c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfj;cc7c77 is amended by adding at the end the following3 7#c7 ,applicability ,this subsection applies to any drug designated under section #ebf for which an application was approved under section #eje of this ,act or licensed under section #cea of the ,public ,health ,service ,act after the date of enactment of the ,,fda ,reauthorization ,act of #bjag1 regardless of the date on which such drug was designated under section #ebf4 4 #cbd4 ,modernizing the labeling of certain generic drugs ,chapter ,v of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cea et seq47 is amended by inserting after section #ejc;,c the following3 #ejc;,d4 ,process to update labeling for certain generic drugs 7a7 ,definitions ,for purposes of this section3 7#a7 ,the term covered drug means a drug approved under section #eje7;c7-- 7,a7 for which there are no unexpired patents included in the list under section #eje7;j77#g7 and no unexpired period of exclusivity2 7,b7 for which the approval of the application has been withdrawn for reasons other than safety or effectiveness2 and 7,c7 for which-- 7i7 7,i7 there is new scientific evidence available pertaining to new or existing conditions of use that is not reflected in the approved labeling2 7,,ii7 the approved labeling does not reflect current legal and regulatory requirements for content or format2 or 7,,iii7 there is a relevant accepted use in clinical practice that is not reflected in the approved labeling2 and 7ii7 updating the approved labeling would benefit the public health4 7#b7 ,the term period of exclusivity1 with respect to a drug approved under section #eje7;c71 means any period of exclusivity under clause 7ii71 7iii71 or 7iv7 of section #eje7;c77#c77;,e71 clause 7ii71 7iii71 or 7iv7 of section #eje7;j77#e77;,f71 or section #eje;,a1 #eje;,e1 or #ebg4 7#c7 ,the term generic version means a drug approved under section #eje7;j7 whose reference listed drug is a covered drug4 7#d7 ,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 #eje4 7#e7 ,the term selected drug means a covered drug for which the ,secretary has determined through the process under subsection 7c7 that the labeling should be changed4 7b7 ,identification of covered drugs ,the ,secretary may identify covered drugs for which labeling updates would provide a public health benefit4 ,to assist in identifying covered drugs1 the ,secretary may do one or both of the following3 7#a7 ,enter into cooperative agreements or contracts with public or private entities to review the available scientific evidence concerning such drugs4 7#b7 ,seek public input concerning such drugs1 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 drug1 by-- 7,a7 holding one or more public meetings2 7,b7 opening a public docket for the submission of public comments2 or 7,c7 other means1 as the ,secretary determines appropriate4 7c7 ,selection of drugs for updating ,if the ,secretary determines1 with respect to a covered drug1 that the available scientific evidence meets the standards under section #eje for adding or modifying information to the labeling or providing supplemental information to the labeling regarding the use of the covered drug1 the ,secretary may initiate the process under subsection 7d74 7d7 ,initiation of the process of updating ,if the ,secretary determines that labeling changes are appropriate for a selected drug pursuant to subsection 7c71 the ,secretary shall provide notice to the holders of approved applications for a generic version of such drug that-- 7#a7 summarizes the findings supporting the determination of the ,secretary that the available scientific evidence meets the standards under section #eje for adding or modifying information or providing supplemental information to the labeling of the covered drug pursuant to subsection 7c72 7#b7 provides a clear statement regarding the additional1 modified1 or supplemental information for such labeling1 according to the determination by the ,secretary 7including1 as applicable1 modifications to add the relevant accepted use to the labeling of the drug as an additional indication for the drug72 and 7#c7 states whether the statement under paragraph 7#b7 applies to the selected drug as a class of covered drugs or only to a specific drug product4 7e7 ,response to notification ,within #cj days of receipt of notification provided by the ,secretary pursuant to subsection 7d71 the holder of an approved application for a generic version of the selected drug shall-- 7#a7 agree to change the approved labeling to reflect the additional1 modified1 or supplemental information the ,secretary has determined to be appropriate2 or 7#b7 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 warranted4 7f7 ,review of application holder's response 7#a7 ,in general ,upon receipt of the application holder's response1 the ,secretary shall promptly review each statement received under subsection 7e77#b7 and determine which labeling changes pursuant to the ,secretary's notice under subsection 7d7 are appropriate1 if any4 ,if the ,secretary disagrees with the reasons why such labeling changes are not warranted1 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 evidence1 and if so1 the content of such labeling changes4 7#b7 ,changes to labeling ,after considering all responses from the holder of an approved application under paragraph 7#a7 or 7#b7 of subsection 7e71 and any discussion under paragraph 7#a71 the ,secretary may order such holder to make the labeling changes the ,secretary determines are appropriate4 ,such holder of an approved application shall-- 7,a7 update its paper labeling for the drug at the next printing of that labeling2 7,b7 update any electronic labeling for the drug within #cj days of such order2 and 7,c7 submit the revised labeling through the form1 ,supplement--,changes ,being ,effected4 7g7 ,violation ,if the holder of an approved application for the generic version of the selected drug does not comply with the requirements of subsection 7f77#b71 such generic version of the selected drug shall be deemed to be misbranded under section #ejb4 7h7 ,limitations2 generic drugs 7#a7 ,in general ,with respect to any labeling change required under this section1 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 7i7 and 7v7 of section #eje7;j77#b77;,a74 ,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 drug4 7#b7 ,supplemental applications ,changes to labeling made in accordance with this section shall not be eligible for an exclusivity period under this ,act4 7#c7 ,selection of drugs ,the ,secretary shall not identify a drug as a covered drug or select a drug label for updating under subsection 7b7 or 7c7 solely based on the availability of new safety information4 ,upon identification of a drug as a covered drug under subsection 7b71 the ,secretary may then consider the availability of new safety information 7as defined in section #eje-a7;b77 in determining whether the drug is a selected drug and in determining what labeling changes are appropriate4 7i7 ,rules of construction 7#a7 ,approval standards ,this section shall not be construed as altering the applicability of the standards for approval of an application under section #eje4 ,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 #eje4 7#b7 ,removal of information ,nothing in this section shall be construed to give the ,secretary additional authority to remove approved indications for drugs1 other than the authority described in this section4 7#c7 ,secretary authority ,nothing in this section shall be construed to limit the authority of the ,secretary to require labeling changes under section #eje7o74 7#d7 ,maintenance of labeling ,nothing in this section shall be construed to affect the responsibility of the holder of an approved application under section #eje7;j7 to maintain its labeling in accordance with existing requirements1 including subpart ,b of part #bja and sections #cad4gj and #cad4ig of title #ba1 ,code of ,federal ,regulations 7or any successor regulations74 7j7 ,reports ,not later than #d years after the date of the enactment of this section1 and every #d years thereafter1 the ,secretary shall prepare and submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 a report that-- 7#a7 describes the actions of the ,secretary under this section1 including-- 7,a7 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 changes2 and 7,b7 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 change1 if any2 and 7#b7 includes any recommendations of the ,secretary for modifying the program under this section4 4 #cbe4 ,biological product patent transparency 7a7 ,in general ,section #cea7k7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7k77 is amended by adding at the end the following3 7#i7 ,public listing 7,a7 ,in general 7i7 ,initial publication ,not later than #ahj days after the date of enactment of this paragraph1 the ,secretary shall publish and make available to the public in a searchable1 electronic format-- 7,i7 a list of each biological product1 by nonproprietary name 7proper name71 for which1 as of such date of enactment1 a biologics license under subsection 7a7 or this subsection is in effect1 or that1 as of such date of enactment1 is deemed to be licensed under this section pursuant to section #gjjb7;e77#d7 of the ,biologics ,price ,competition and ,innovation ,act of #bjji2 7,,ii7 the date of licensure of the marketing application and the application number2 and 7,,iii7 with respect to each biological product described in subclause 7,i71 the licensure status1 and1 as available1 the marketing status4 7ii7 ,revisions ,every #cj days after the publication of the first list under clause 7i71 the ,secretary shall revise the list to include each biological product which has been licensed under subsection 7a7 or this subsection during the #cj-;day period or deemed licensed under this section pursuant to section #gjjb7;e77#d7 of the ,biologics ,price ,competition and ,innovation ,act of #bjji4 7iii7 ,patent information ,not later than #cj days after a list of patents under subsection 7l77#c77;,a71 or a supplement to such list under subsection 7l77#g71 has been provided by the reference product sponsor to the subsection 7k7 applicant respecting a biological product included on the list published under this subparagraph1 the reference product sponsor shall provide such list of patents 7or supplement thereto7 and their corresponding expiry dates to the ,secretary1 and the ,secretary shall1 in revisions made under clause 7ii71 include such information for such biological product4 ,within #cj days of providing any subsequent or supplemental list of patents to any subsequent subsection 7k7 applicant under subsection 7l77#c77;,a7 or 7l77#g71 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 dates4 7iv7 ,listing of exclusivities ,for each biological product included on the list published under this subparagraph1 the ,secretary shall specify each exclusivity period under paragraph 7#f7 or paragraph 7#g7 for which the ,secretary has determined such biological product to be eligible and that has not concluded4 7,b7 ,revocation or suspension of license ,if the license of a biological product is determined by the ,secretary to have been revoked or suspended for safety1 purity1 or potency reasons1 it may not be published in the list under subparagraph 7,a74 ,if such revocation or suspension occurred after inclusion of such biological product in the list published under subparagraph 7,a71 the reference product sponsor shall notify the ,secretary that-- 7i7 the biological product shall be immediately removed from such list for the same period as the revocation or suspension2 and 7ii7 a notice of the removal shall be published in the ,federal ,register4 4 7b7 ,review and report on types of ,information ,to be listed ,not later than #c years after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall-- 7#a7 solicit public comment regarding the type of information1 if any1 that should be added to or removed from the list required by paragraph 7#i7 of section #cea7k7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7k771 as added by subsection 7a72 and 7#b7 transmit to ,congress an evaluation of such comments1 including any recommendations about the types of information that should be added to or removed from the list4 ,d ,technical corrections #cca4 ,technical corrections 7a7 ,education and training relating to geriatrics ,section #gec7;a77#g77;,b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bid;c7a77#g77;,b77 is amended1 in the matter preceding clause 7i71 by striking ,title ,,vii ,health ,care ,workforce ,reauthorization ,act of #bjai and inserting ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act4 7b7 ,nursing ,section #hea7;d77#c7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bigt7d77#c77 is amended by striking ,title ,,viii ,nursing ,reauthorization ,act and inserting ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act4 7c7 ,citation ,section #cdjd7;a77#i7 of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf7 is amended by striking section #hdf;,a 7#db ,u4,s4,c4 #bdgn-#a7 and inserting section #hdf;,a 7#db ,u4,s4,c4 #bign-#a74 7d7 ,effective date ,the amendments made by subsections 7a71 7b71 and 7c7 shall take effect as if included in the enactment of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf74 ,,cc ,health extenders #a4 ,table of contents ,sec4 #a4 ,table of contents4 ,title ,i--,medicare ,provisions ,subtitle ,a--,medicare ,extenders ,sec4 #aja4 ,extension of the work geographic index floor under the medicare program4 ,sec4 #ajb4 ,extension of funding for quality measure endorsement1 input1 and selection4 ,sec4 #ajc4 ,extension of funding outreach and assistance for low-income programs4 ,sec4 #ajd4 ,extension of medicare patient ,,ivig access demonstration project4 ,sec4 #aje4 ,extending the independence at home medical practice demonstration program under the medicare program4 ,subtitle ,b--,other ,medicare ,provisions ,sec4 #aaa4 ,improving measurements under the skilled nursing facility value-based purchasing program under the ,medicare program4 ,sec4 #aab4 ,providing the ,medicare ,payment ,advisory ,commission and ,medicaid and ,,chip ,payment and ,access ,commission with access to certain drug payment information1 including certain rebate information4 ,sec4 #aac4 ,moratorium on payment under the ,medicare physician fee schedule of the add on code for inherently complex evaluation and management visits4 ,sec4 #aad4 ,temporary freeze of ,,apm payment incentive thresholds4 ,sec4 #aae4 ,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 program4 ,sec4 #aaf4 ,centers for ,medicare ,medicaid ,services provider outreach and reporting on cognitive assessment and care plan services4 ,sec4 #aag4 ,continued coverage of certain temporary transitional home infusion therapy services4 ,sec4 #aah4 ,transitional coverage and retroactive ,medicare part ,d coverage for certain low-income beneficiaries4 ,sec4 #aai4 ,increasing the use of real-time benefit tools to lower beneficiary costs4 ,sec4 #abj4 ,beneficiary enrollment simplification4 ,sec4 #aba4 ,waiving budget neutrality for oxygen under the ,medicare program4 ,sec4 #abb4 ,waiving medicare coinsurance for certain colorectal cancer screening tests4 ,sec4 #abc4 ,expanding access to mental health services furnished through telehealth4 ,sec4 #abd4 ,public-private partnership for health care waste1 fraud1 and abuse detection4 ,sec4 #abe4 ,medicare payment for rural emergency hospital services4 ,sec4 #abf4 ,distribution of additional residency positions4 ,sec4 #abg4 ,promoting ,rural ,hospital ,,gme ,funding ,opportunity4 ,sec4 #abh4 ,five-year extension of the rural community hospital demonstration program4 ,sec4 #abi4 ,extension of ,frontier ,community ,health ,integration ,project ,demonstration4 ,sec4 #acj4 ,improving rural health clinic payments4 ,sec4 #aca4 ,medicare ,,gme treatment of hospitals establishing new medical residency training programs after hosting medical resident rotators for short durations4 ,sec4 #acb4 ,medicare payment for certain ,federally qualified health center and rural health clinic services furnished to hospice patients4 ,sec4 #acc4 ,delay to the implementation of the radiation oncology model under the ,medicare program4 ,sec4 #acd4 ,improving access to skilled nursing facility services for hemophilia patients4 ,title ,,ii--,medicaid ,extenders and ,other ,policies ,sec4 #bja4 ,eliminating ,,dsh reductions for fiscal years #bjba through #bjbc4 ,sec4 #bjb4 ,supplemental payment reporting requirements4 ,sec4 #bjc4 ,medicaid shortfall and third party payments4 ,sec4 #bjd4 ,extension of ,money ,follows the ,person ,rebalancing ,demonstration4 ,sec4 #bje4 ,extension of spousal impoverishment protections4 ,sec4 #bjf4 ,extension of community mental health services demonstration program4 ,sec4 #bjg4 ,clarifying authority of ,state ,medicaid fraud and abuse control units to investigate and prosecute cases of ,medicaid patient abuse and neglect in any setting4 ,sec4 #bjh4 ,medicaid coverage for citizens of ,freely ,associated ,states4 ,sec4 #bji4 ,medicaid coverage of certain medical transportation4 ,sec4 #baj4 ,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 trials4 ,title ,,iii--,human ,services ,sec4 #cja4 ,extension of ,,tanf1 child care entitlement to ,states1 and related programs4 ,sec4 #cjb4 ,personal responsibility education extension4 ,sec4 #cjc4 ,sexual risk avoidance education extension4 ,sec4 #cjd4 ,extension of support for current health professions opportunity grants4 ,sec4 #cje4 ,extension of ,mary,lee ,allen ,promoting ,safe and ,stable ,families ,program and ,state court support4 ,title ,,iv--,health ,offsets ,sec4 #dja4 ,requiring certain manufacturers to report drug pricing information with respect to drugs under the ,medicare program4 ,sec4 #djb4 ,extended months of coverage of immunosuppressive drugs for kidney transplant patients and other renal dialysis provisions4 ,sec4 #djc4 ,permitting direct payment to physician assistants under ,medicare4 ,sec4 #djd4 ,adjusting calculation of hospice cap amount under ,medicare4 ,sec4 #dje4 ,special rule for determination of ,,asp in cases of certain noncovered self-administered drug products4 ,sec4 #djf4 ,medicaid ,improvement ,fund4 ,sec4 #djg4 ,establishing hospice program survey and enforcement procedures under the ,medicare program4 ,sec4 #djh4 ,medicare ,improvement ,fund4 ,title ,v--,miscellaneous ,sec4 #eja4 ,implementation funding4 ,i ,medicare ,provisions ,a ,medicare ,extenders #aja4 ,extension of the work geographic index floor under the medicare program ,section #ahdh7;e77#a77;,e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7;e77#a77;,e771 as amended by section #chja of the ,,cares ,act 7,public ,law #aaf-acf71 section #bbja of the ,continuing ,appropriations ,act1 #bjba and ,other ,extensions ,act 7,public ,law #aaf-aei71 and section #aaja of the ,further ,continuing ,appropriations ,act1 #bjba1 and ,other ,extensions ,act1 is amended by striking ,december #ai1 #bjbj and inserting ,january #a1 #bjbd4 #ajb4 ,extension of funding for quality measure endorsement1 input1 and selection 7a7 ,extension ,section #ahij7;d77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;aaa7d77#b771 as amended by section #aajc of the ,further ,continuing ,appropriations ,act1 #bjba1 and ,other ,extensions ,act1 is amended-- 7#a7 in the first sentence1 by striking and for the period beginning on ,october #a1 #bjbj1 and ending on ,december #ah1 #bjbj1 the amount equal to the pro rata portion of the amount appropriated for such period for fiscal year #bjbj and inserting #bf1jjj1jjj for fiscal year #bjba1 #bj1jjj1jjj for fiscal year #bjbb1 and #bj1jjj1jjj for fiscal year #bjbc2 and 7#b7 in the third sentence1 by striking and #bjbj1 and for the period beginning on ,october #a1 #bjbj1 and ending on ,december #ah1 #bjbj and inserting #bjbj1 #bjba1 #bjbb1 and #bjbc4 7b7 ,additional reporting requirements ,section #ahij of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;aaa7 is amended-- 7#a7 in subsection 7e7-- 7,a7 by redesignating paragraphs 7#a7 through 7#f7 as subparagraphs 7,a7 through 7,f71 respectively2 7,b7 by striking ,congress4--,by not later than and inserting 8,congress4-- 7#a7 ,in general ,by not later than 2 7,c7 in subparagraph 7,a71 as redesignated by this paragraph1 by striking the last sentence2 7,d7 in subparagraph 7,d71 as so redesignated1 by striking ,a description and inserting ,subject to paragraph 7#b77;,b71 a description2 7,e7 in subparagraph 7,e71 as so redesignated1 by striking ,the amount and inserting ,subject to paragraph 7#b77;,b71 the amount2 7,f7 in subparagraph 7,f71 as so redesignated1 by striking ,estimates and inserting ,subject to paragraph 7#b77;,b71 estimates2 and 7,g7 by adding at the end the following new paragraph3 7#b7 ,additional requirements for reports 7,a7 ,addressing ,,gao report ,each of the annual reports submitted in #bjba and #bjbb pursuant to paragraph 7#a7 shall also include the following3 7i7 ,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 7,,gao-#ai-fbh7 issued on ,september #ai1 #bjai1 and titled ,health ,care ,quality3 ,,cms ,could ,more ,effectively ,ensure ,its ,quality ,measurement ,activities ,promote ,its ,objectives4 7ii7 ,a detailed description of-- 7,i7 any additional steps that the ,centers for ,medicare ,medicaid ,services expects to take to address the findings and recommendations set forth in such report2 and 7,,ii7 the anticipated timing for such steps4 7,b7 ,ensuring detailed information 7i7 ,in general ,in the case of an annual report submitted in #bjba or a subsequent year pursuant to paragraph 7#a71 the information required under-- 7,i7 paragraph 7#a77;,d7 shall also include detailed information on each of the activities described in clause 7ii72 7,,ii7 paragraph 7#a77;,e7 shall also include detailed information on the specific amounts obligated or expended on each of the activities described in clause 7ii72 and 7,,iii7 paragraph 7#a77;,f7 shall also include detailed information on the specific quality measurement activities required and future funding needed for each of the activities described in clause 7ii74 7ii7 ,activities described ,the activities described in this clause are the following3 7,i7 ,measure selection activities4 7,,ii7 ,measure development activities4 7,,iii7 ,public reporting activities4 7,,iv7 ,education and outreach activities4 2 and 7#b7 by adding at the end the following new subsection3 7f7 ,additional reporting by the ,secretary to ,congress 7#a7 ,in general ,by not later than ,september #cj of each year 7beginning with #bjba71 the ,secretary shall submit to ,congress a report on the amount of unobligated balances for appropriations relating to quality measurement4 ,such report shall include detailed plans on how the ,secretary expects to expend such unobligated balances in the upcoming fiscal years4 7#b7 ,separate report ,the annual report required under paragraph 7#a7 shall be separate from the annual report required under subsection 7e74 4 7c7 ,input for removal of measures ,section #ahij7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;aaa7b77 is amended by inserting after paragraph 7#c7 the following new paragraph3 7#d7 ,removal of measures ,the entity may provide input to the ,secretary on quality and efficiency measures described in paragraph 7#g77;,b7 that could be considered for removal4 4 7d7 ,prioritization of measure endorsement ,section #ahij7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;aaa7b77 is amended by adding at the end the following new paragraph3 7#i7 ,prioritization of measure endorsement ,the ,secretary-- 7,a7 during the period beginning on the date of the enactment of this paragraph and ending on ,december #ca1 #bjbc1 shall prioritize the endorsement of measures relating to maternal morbidity and mortality by the entity with a contract under subsection 7a7 in connection with endorsement of measures described in paragraph 7#b72 and 7,b7 on and after ,january #a1 #bjbd1 may prioritize the endorsement of such measures by such entity4 4 #ajc4 ,extension of funding outreach and assistance for low-income programs 7a7 ,state health insurance programs ,subsection 7a77#a77;,b7 of section #aai of the ,medicare ,improvements for ,patients and ,providers ,act of #bjjh 7#db ,u4,s4,c4 #acie;b-#c note71 as amended by section #ccjf of the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh71 section #faj of the ,american ,taxpayer ,relief ,act of #bjab 7,public ,law #aab-bdj71 section #aaaj of the ,pathway for ,,sgr ,reform ,act of #bjac 7,public ,law #aac-fg71 section #aaj of the ,protecting ,access to ,medicare ,act of #bjad 7,public ,law #aac-ic71 section #bjh of the ,medicare ,access and ,,chip ,reauthorization ,act of #bjae 7,public ,law #aad-aj71 section #ejbjg of division ,e of the ,bipartisan ,budget ,act of #bjah 7,public ,law #aae-abc71 section #adjb of division ,b of the ,continuing ,appropriations ,act1 #bjbj1 and ,health ,extenders ,act of #bjai 7,public ,law #aaf-ei71 section #adjb of division ,b of the ,further ,continuing ,appropriations ,act1 #bjbj1 and ,further ,health ,extenders ,act of #bjai 7,public ,law #aaf-fi71 section #ajc of division ,n of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id71 section #chjc of the ,,cares ,act 7,public ,law #aaf-acf71 section #bbjc of the ,continuing ,appropriations ,act1 #bjba and ,other ,extensions ,act 7,public ,law #aaf-aei71 and section #aajb of the ,further ,continuing ,appropriations ,act1 #bjba1 and ,other ,extensions ,act1 is amended-- 7#a7 in clause 7x71 by striking at the end and2 and 7#b7 by striking clause 7xi7 and inserting the following clauses3 7xi7 for fiscal year #bjba1 #ae1jjj1jjj2 7xii7 for fiscal year #bjbb1 #ae1jjj1jjj2 and 7xiii7 for fiscal year #bjbc1 #ae1jjj1jjj4 4 7b7 ,area agencies on aging ,subsection 7b77#a77;,b7 of such section #aai1 as so amended1 is amended-- 7#a7 in clause 7x71 by striking at the end and2 and 7#b7 by striking clause 7xi7 and inserting the following clauses3 7xi7 for fiscal year #bjba1 #ae1jjj1jjj2 7xii7 for fiscal year #bjbb1 #ae1jjj1jjj2 and 7xiii7 for fiscal year #bjbc1 #ae1jjj1jjj4 4 7c7 ,aging and disability resource centers ,subsection 7c77#a77;,b7 of such section #aai1 as so amended1 is amended-- 7#a7 in clause 7x71 by striking at the end and2 7#b7 by striking clause 7xi7 and inserting the following clauses3 7xi7 for fiscal year #bjba1 #e1jjj1jjj2 7xii7 for fiscal year #bjbb1 #e1jjj1jjj2 and 7xiii7 for fiscal year #bjbc1 #e1jjj1jjj1 4 7d7 ,contract with the national center for benefits and outreach enrollment ,subsection 7d77#b7 of such section #aai1 as so amended1 is amended-- 7#a7 in clause 7x71 by striking at the end and2 7#b7 by striking clause 7xi7 and inserting the following clauses3 7xi7 for fiscal year #bjba1 #ae1jjj1jjj2 7xii7 for fiscal year #bjbb1 #ae1jjj1jjj2 and 7xiii7 for fiscal year #bjbc1 #ae1jjj1jjj4 4 #ajd4 ,extension of medicare patient ,,ivig access demonstration project 7a7 ,extension of demonstration project ,section #aja7;b7 of the ,medicare ,,ivig ,access and ,strengthening ,medicare and ,repaying ,taxpayers ,act of #bjab 7#db ,u4,s4,c4 #aciea note7 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,duration ,beginning not later than one year after the date of enactment of this ,act1 the ,secretary shall conduct the demonstration project for a period of #c years and1 subject to the availability of funds under subsection 7g71 the period beginning on ,october #a1 #bjag1 and ending on ,december #ca1 #bjbc4 2 and 7#b7 in paragraph 7#b7-- 7,a7 by amending the first sentence to read as follows3 ,the ,secretary shall enroll for participation in the demonstration project for the period beginning on ,october #a1 #bjad1 and ending on ,september #cj1 #bjbj1 not more than #d1jjj ,medicare beneficiaries who have been diagnosed with primary immunodeficiency disease and for the period beginning on ,october #a1 #bjad1 and ending on ,december #ca1 #bjbc1 not more than #f1ejj ,medicare beneficiaries who have been so diagnosed42 and 7,b7 by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjbc4 7b7 ,updated evaluation and report ,section #aja7;f7 is amended-- 7#a7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#b7 by inserting after paragraph 7#a7 the following new paragraph3 7#b7 ,updated evaluation and report ,not later than #b years after the date of the enactment of ,consolidated ,appropriations ,act1 #bjba1 the ,secretary shall submit to ,congress an updated report that contains the following3 7,a7 ,the total number of beneficiaries enrolled in the demonstration project during the updated report period4 7,b7 ,the total number of claims submitted for services during the updated report period1 disaggregated by month4 7,c7 ,an analysis of the impact of the demonstration on beneficiary access to the in-home administration of intravenous immune globin1 including the impact on beneficiary health4 7,d7 ,an analysis of the impact of in-home administration of intravenous immune globin on overall costs to ,medicare1 including the cost differential between in-home administration of intravenous immune globin and administration of intravenous immune globin in a healthcare facility4 7,e7 ,to the extent practicable1 a survey of providers and enrolled beneficiaries that participated in the demonstration project that identifies barriers to accessing services1 including reimbursement for items and services4 7,f7 ,recommendations to ,congress on the appropriateness of establishing a permanent bundled services payment for the in-home administration of intravenous immune globin for ,medicare beneficiaries4 4 7c7 ,definition of updated report period ,section #aja7;h7 is amended by adding at the end the following new paragraph3 7#d7 ,updated report period ,the term updated report period means the period beginning on ,october #a1 #bjad1 and ending on ,september #cj1 #bjbj4 4 #aje4 ,extending the independence at home medical practice demonstration program under the medicare program 7a7 ,in general ,section #ahff;,e of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;cc-#e7 is amended-- 7#a7 in subsection 7e7-- 7,a7 in paragraph 7#a71 by striking #g-year and inserting #aj-year2 and 7,b7 in paragraph 7#e7-- 7i7 in the first sentence1 by striking #ae1jjj and inserting #bj1jjj2 7ii7 in the second sentence1 by striking sixth and seventh and inserting sixth through tenth2 and 7iii7 by adding at the end the following new sentence3 ,an applicable beneficiary that participates in the demonstration program by reason of the increase from #ae1jjj to #bj1jjj in the first sentence of this paragraph pursuant to the amendment made by section #aje of division ,,cc of the ,consolidated ,appropriations ,act1 #bjba shall be considered in the spending target estimates under paragraph 7#a7 of subsection 7c7 and the incentive payment calculations under paragraph 7#b7 of such subsection for the eighth through tenth years of such program42 and 7#b7 in subsection 7h71 by inserting and #i1jjj1jjj for fiscal year #bjba after #bjae4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect as if included in the enactment of ,public ,law #aaa-adh4 ,b ,other ,medicare ,provisions #aaa4 ,improving measurements under the skilled nursing facility value-based purchasing program under the ,medicare program 7a7 ,in general ,section #ahhh7;h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieyy7h77 is amended-- 7#a7 in paragraph 7#a71 by adding at the end the following new subparagraph3 7,c7 ,exclusions ,with respect to payments for services furnished on or after ,october #a1 #bjbb1 this subsection shall not apply to a facility for which there are not a minimum number 7as determined by the ,secretary7 of-- 7i7 cases for the measures that apply to the facility for the performance period for the applicable fiscal year2 or 7ii7 measures that apply to the facility for the performance period for the applicable fiscal year4 2 7#b7 in paragraph 7#b77;,a7-- 7,a7 by striking ,the ,secretary shall apply and inserting ,the ,secretary-- 7i7 shall apply 2 7,b7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7ii7 may1 with respect to payments for services furnished on or after ,october #a1 #bjbc1 apply additional measures determined appropriate by the ,secretary1 which may include measures of functional status1 patient safety1 care coordination1 or patient experience4 ,subject to the succeeding sentence1 in the case that the ,secretary applies additional measures under clause 7ii71 the ,secretary shall consider and apply1 as appropriate1 quality measures specified under section #ahii;,b7c77#a74 ,in no case may the ,secretary apply more than #aj measures under this subparagraph4 2 7#c7 in subparagraph 7,a7 of each of paragraphs 7#c7 and 7#d71 by striking measure and inserting measures2 and 7#d7 by adding at the end the following new paragraph3 7#ab7 ,validation 7,a7 ,in general ,the ,secretary shall apply to the measures applied under this subsection and the data submitted under subsection 7e77#f7 a process to validate such measures and data1 as appropriate1 which may be similar to the process specified in section #ahhf7;b77#c77;,b77viii77,,xi7 for validating inpatient hospital measures4 7,b7 ,funding ,for purposes of carrying out this paragraph1 the ,secretary shall provide for the transfer1 from the ,federal ,hospital ,insurance ,trust ,fund established under section #ahag1 of #e1jjj1jjj to the ,centers for ,medicare ,medicaid ,services ,program ,management ,account for each of fiscal years #bjbc through #bjbe1 to remain available until expended4 4 7b7 ,report by ,med,p,a,c ,not later than ,march #ae1 #bjbb1 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 7#db ,u4,s4,c4 #acie et seq474 ,such report-- 7#a7 shall-- 7,a7 consider design elements such as-- 7i7 measures that are important to the ,medicare program and to beneficiaries under such program2 7ii7 methodologies for scoring provider performance and effects on payment2 and 7iii7 other elements determined appropriate by the ,commission2 and 7,b7 analyze the effects of implementing such prototype program2 and 7#b7 may-- 7,a7 discuss the possible effects1 with respect to the ,medicare program1 on program spending1 post-acute care providers1 patient outcomes1 and other effects determined appropriate by the ,commission2 and 7,b7 include recommendations with respect to such prototype program1 as determined appropriate by the ,commission1 to ,congress and the ,secretary of ,health and ,human ,services4 #aab4 ,providing the ,medicare ,payment ,advisory ,commission and ,medicaid and ,,chip ,payment and ,access ,commission with access to certain drug payment information1 including certain rebate information 7a7 ,access to certain part ,d payment data ,section #ahfj;,d-#ae7;f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aae7;f77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a77ii71 by striking and at the end2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by inserting at the end the following new subparagraph3 7,c7 by the ,executive ,director of the ,medicare ,payment ,advisory ,commission for purposes of monitoring1 making recommendations for1 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 monitoring1 making recommendations for1 and analysis of the ,medicaid program established under title ,,xix and the ,children's ,health ,insurance ,program under title ,,xxi4 2 and 7#b7 by adding at the end the following new paragraph3 7#c7 ,additional restrictions on disclosure of information 7,a7 ,in general ,the ,executive ,directors described in paragraph 7#b77;,c7 shall not disclose any of the following information disclosed to such ,executive ,directors or obtained by such ,executive ,directors pursuant to such paragraph1 with respect to a prescription drug plan offered by a ,,pdp sponsor or an ,,ma-,,pd plan offered by an ,,ma organization3 7i7 ,the specific amounts or the identity of the source of any rebates1 discounts1 price concessions1 or other forms of direct or indirect remuneration under such prescription drug plan or such ,,ma-,,pd plan4 7ii7 ,information submitted with the bid submitted under section #ahfj;,d-#aa7;b7 by such ,,pdp sponsor or under section #ahed7;a7 by such ,,ma organization4 7iii7 ,in the case of such information from prescription drug event records1 information in a form that would not be permitted under section #dbc4eje7m7 of title #db1 ,code of ,federal ,regulations1 or any successor regulation1 if released by the ,centers for ,medicare ,medicaid ,services4 7,b7 ,clarification ,the restrictions on disclosures described in subparagraph 7,a7 shall also apply to disclosures to individual ,commissioners of the ,medicare ,payment ,advisory ,commission or of the ,medicaid and ,,chip ,payment and ,access ,commission4 4 7b7 ,access to certain rebate and payment data under ,medicare and ,medicaid ,section #aibg7;b77#c77;,d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;b77#c77;,d77 is amended-- 7#a7 in the matter before clause 7i71 by striking subsection 7a77#f77;,a77ii7 and inserting subsection 7a77#f77;,a72 7#b7 in clause 7v71 by striking and at the end2 7#c7 in clause 7vi71 by striking the period at the end and inserting 1 and2 7#d7 by inserting after clause 7vi7 the following new clause3 7vii7 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 provided4 2 7#e7 in the matter at the end1 by striking #ahfj;,d-#d7;c77#b77;,e7 and inserting #ahfj;,d-#d7;c77#b77;,g72 and 7#f7 by adding at the end the following new sentences3 ,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 wholesaler4 ,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 wholesaler44 #aac4 ,moratorium on payment under the ,medicare physician fee schedule of the add on code for inherently complex evaluation and management visits 7a7 ,in general ,the ,secretary of ,health and ,human ,services may not1 prior to ,january #a1 #bjbd1 make payment under the fee schedule under section #ahdh of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7 for services described by ,healthcare ,common ,procedure ,coding ,system 7,,hcpcs7 code ,g#bbaa 7or any successor or substantially similar code71 as described in section ,,ii4,f4 of the final rule filed by the ,secretary with the ,office of the ,federal ,register for public inspection on ,december #b1 #bjbj1 and entitled ,medicare ,program2 ,,cy #bjba ,payment ,policies under the ,physician ,fee ,schedule and ,other ,changes to ,part ,b ,payment ,policies2 ,medicare ,shared ,savings ,program ,requirements2 ,medicaid ,promoting ,interoperability ,program ,requirements for ,eligible ,professionals2 ,quality ,payment ,program2 ,coverage of ,opioid ,use ,disorder ,services ,furnished by ,opioid ,treatment ,programs2 ,medicare ,enrollment of ,opioid ,treatment ,programs2 ,electronic ,prescribing for ,controlled ,substances for a ,covered ,part ,d ,drug2 ,payment for ,office_/,outpatient ,evaluation and ,management ,services2 ,hospital ,,iqr ,program2 ,establish ,new ,code ,categories2 ,medicare ,diabetes ,prevention ,program 7,,mdpp7 ,expanded ,model ,emergency ,policy2 ,coding and ,payment for ,virtual ,check-in ,services ,interim ,final ,rule ,policy2 ,coding and ,payment for ,personal ,protective ,equipment 7,,ppe7 ,interim ,final ,rule ,policy2 ,regulatory ,revisions in ,response to the ,public ,health ,emergency 7,,phe7 for ,,covid-#ai2 and ,finalization of ,certain ,provisions from the ,march #cast 1 ,may #hth and ,september #bnd ,interim ,final ,rules in ,response to the ,,phe for ,,covid-#ai4 7b7 ,implementation ,notwithstanding any other provision of law1 the ,secretary may implement this section by interim final rule1 program instruction1 or otherwise4 #aad4 ,temporary freeze of ,,apm payment incentive thresholds 7a7 ,in general ,section #ahcc7z77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7z77#b77 is amended-- 7#a7 in subparagraph 7,b7-- 7,a7 in the heading1 by striking and #bjbb and inserting through #bjbd2 and 7,b7 in the matter preceding clause 7i71 by striking #bjba and #bjbb and inserting each of #bjba through #bjbd2 7#b7 in subparagraph 7,c7-- 7,a7 in the heading1 by striking #bjbc and inserting #bjbe2 and 7,b7 in the matter preceding clause 7i71 by striking #bjbc and inserting #bjbe2 and 7#c7 in subparagraph 7,d71 by adding at the end the following3 ,with respect to #bjbc and #bjbd1 the ,secretary shall use the same percentage criteria for counts of patients that are used in #bjbb44 7b7 ,partial qualifying ,,apm participant modifications ,section #ahdh7q77#a77;,c77iii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7q77#a77;,c77iii77 is amended-- 7#a7 in subclause 7,,ii71 in the matter preceding item 7aa71 by striking #bjba and #bjbb and inserting each of #bjba through #bjbd2 and 7#b7 in subclause 7,,iii71 in the matter preceding item 7aa71 by striking #bjbc and inserting #bjbe4 7c7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act4 #aae4 ,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 #a1 #bjbb1 the ,secretary of ,health and ,human ,services shall revise subsections 7a77#b7 and 7b77#c7 of section #dhd4ee of title #db1 ,code of ,federal ,regulations1 or a successor regulation1 to permit an occupational therapist to conduct the initial assessment visit and to complete the comprehensive assessment 7as such terms are described in such subsections1 respectively7 for home health services for an individual under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 if the home health plan of care for such individual-- 7#a7 does not initially include skilled nursing care2 7#b7 includes occupational therapy2 and 7#c7 includes physical therapy or speech language pathology4 #aaf4 ,centers for ,medicare ,medicaid ,services provider outreach and reporting on cognitive assessment and care plan services 7a7 ,outreach ,the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary7 shall conduct outreach to physicians and appropriate non-physician practitioners participating under the ,medicare program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 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 dementias1 identified as of ,january #a1 #bjah1 by ,,hcpcs code #iidhc1 or any successor to such code 7in this section referred to as cognitive assessment and care plan services74 ,such outreach shall include a comprehensive1 one-time education initiative to inform such physicians and practitioners of the addition of such services as a covered benefit under the ,medicare program1 including the requirements for eligibility for such services4 7b7 ,reports 7#a7 ,,hhs report on provider outreach ,not later than one year after the date of enactment of this ,act1 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 7a74 ,such report shall include a description of the methods used for such outreach4 7#b7 ,,gao report on utilization rates ,not later than #c years after such date of enactment1 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 7#db ,u4,s4,c4 #acie et seq474 ,such report shall include information on barriers ,medicare beneficiaries face to access such services1 and recommendations for such legislative and administrative action as the ,comptroller ,general deems appropriate4 #aag4 ,continued coverage of certain temporary transitional home infusion therapy services 7a7 ,in general ,section #ahfa7;iii77#c77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7iii77#c77;,c77 is amended by inserting after clause 7ii7 the following flush sentence3 ,clause 7ii7 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 7,a77iii7 of section #ahcd7u77#g7 and was identified by a ,,hcpcs code described in subparagraph 7,c77ii7 of such section4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply to items and services furnished on or after ,january #a1 #bjba4 7c7 ,implementation ,notwithstanding any other provision of law1 the ,secretary of ,health and ,human ,services may implement the amendment made by subsection 7a7 by interim final rule1 program instruction1 or otherwise4 #aah4 ,transitional coverage and retroactive ,medicare part ,d coverage for certain low-income beneficiaries ,section #ahfj;,d-#ad of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aad7 is amended-- 7#a7 by redesignating subsection 7e7 as subsection 7f72 and 7#b7 by adding after subsection 7d7 the following new subsection3 7e7 ,limited income newly eligible transition program 7#a7 ,in general ,beginning not later than ,january #a1 #bjbd1 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 subsection4 7#b7 ,,li net eligible individual defined ,for purposes of this subsection1 the term ,,li ,,net eligible individual means a part ,d eligible individual who-- 7,a7 meets the requirements of clauses 7ii7 and 7iii7 of subsection 7a77#c77;,a72 and 7,b7 has not yet enrolled in a prescription drug plan or an ,,ma-,,pd plan1 or1 who has so enrolled1 but with respect to whom coverage under such plan has not yet taken effect4 7#c7 ,transitional coverage ,for purposes of this subsection1 the term transitional coverage means with respect to an ,,li ,,net eligible individual-- 7,a7 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 7ii7 and 7iii7 of subsection 7a77#c77;,a7 and ends on the date that coverage under a prescription drug plan or ,,ma-,,pd plan takes effect with respect to such individual2 and 7,b7 in the case of an ,,li ,,net eligible individual who is a full-benefit dual eligible individual 7as defined in section #aice7;c77#f77 or a recipient of supplemental security income benefits under title ,,xvi1 retroactive coverage 7in 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 plan7 of covered part ,d drugs purchased by such individual during the period that begins on the date that is the later of-- 7i7 the date that such individual was first eligible for a low-income subsidy under this part2 or 7ii7 the date that is #cf months prior to the date such individual enrolls in a prescription drug plan or ,,ma-,,pd plan1 and ends on the date that coverage under such plan takes effect4 7#d7 ,program administration 7,a7 ,point of contact ,the ,secretary shall1 as determined appropriate by the ,secretary1 administer the program under this subsection through a contract with a single program administrator4 7,b7 ,benefit design ,the ,secretary shall ensure that the transitional coverage provided to ,,li ,,net eligible individuals under this subsection-- 7i7 provides access to all covered part ,d drugs under an open formulary2 7ii7 permits all pharmacies determined by the ,secretary to be in good standing to process claims under the program2 7iii7 is consistent with such requirements as the ,secretary considers necessary to improve patient safety and ensure appropriate dispensing of medication2 and 7iv7 meets such other requirements as the ,secretary may establish4 7#e7 ,relationship to other provisions of this title2 waiver authority 7,a7 ,in general ,the following provisions shall not apply with respect to the program under this subsection3 7i7 ,paragraphs 7#a7 and 7#c77;,b7 of section #ahfj;,d-#d7;a7 7relating to dissemination of general information2 availability of information on changes in formulary through the internet74 7ii7 ,subparagraphs 7,a7 and 7,b7 of section #ahfj;,d-#d7;b77#c7 7relating to requirements on development and application of formularies2 formulary development74 7iii7 ,paragraphs 7#a77;,c7 and 7#b7 of section #ahfj;,d-#d7;c7 7relating to medication therapy management program74 7,b7 ,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 subsection4 7#f7 ,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 making1 performance1 amendment1 or modification of contracts of the ,united ,states as the ,secretary may determine to be inconsistent with the furtherance of the purpose of this title4 4 #aai4 ,increasing the use of real-time benefit tools to lower beneficiary costs 7a7 ,requiring prescription drug plan sponsors and ,medicare ,advantage organizations ,to include real-,time benefit information under ,medicare part ,d ,section #ahfj;,d-#d of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#ajd7 is amended-- 7#a7 by redesignating subsection 7m7 7relating to program integrity transparency measures71 as added by section #fjfc7;c7 of the ,substance ,use-,disorder ,prevention that ,promotes ,opioid ,recovery and ,treatment for ,patients and ,communities ,act 7,public ,law #aae-bga71 as subsection 7n72 and 7#b7 by adding at the end the following new subsection3 7o7 ,real-,time benefit information 7#a7 ,in general ,after the ,secretary has adopted a standard under paragraph 7#c7 for electronic real-time benefit tools1 and at a time determined appropriate by the ,secretary1 a ,,pdp sponsor of a prescription drug plan shall implement one or more of such tools that meet the requirements described in paragraph 7#b74 7#b7 ,requirements ,for purposes of paragraph 7#a71 the requirements described in this paragraph1 with respect to an electronic real-time benefit tool1 are that the tool is capable of-- 7,a7 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 professionals2 and 7,b7 with respect to a covered part ,d drug1 transmitting such information specific to an individual enrolled in a prescription drug plan1 including the following3 7i7 ,a list of any clinically-appropriate alternatives to such drug included in the formulary of such plan4 7ii7 ,cost-sharing information and the negotiated price for such drug and such alternatives at multiple pharmacy options1 including the individual's preferred pharmacy and1 as applicable1 other retail pharmacies and a mail order pharmacy4 7iii7 ,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 plan4 7#c7 ,standards ,in order to be treated 7for purposes of this subsection7 as an electronic real-time benefit tool described in paragraph 7#a71 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 rulemaking4 ,such technical standards adopted by the ,secretary shall be developed by a standards development organization1 such as the ,national ,council for ,prescription ,drug ,programs1 that consults with stakeholders such as ,,pdp sponsors1 ,medicare ,advantage organizations1 beneficiary advocates1 health care professionals1 and health information technology software vendors4 7#d7 ,rules of construction ,nothing in this subsection shall be construed-- 7,a7 to prohibit the application of paragraph 7b77#g7 of section #dbc4afj of title #db1 ,code of ,federal ,regulations1 as is to be added to such section pursuant to the final rule published in the ,federal ,register on ,may #bc1 #bjai1 and titled ,modernizing ,part ,d and ,medicare ,advantage ,to ,lower ,drug ,prices and ,reduce ,out-of-,pocket ,expenses 7#hd ,fed4 ,reg4 #bchcb through #bchhd72 or 7,b7 to allow a ,,pdp sponsor to use a real-time benefit tool to steer an individual1 without the consent of the individual1 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 tool4 4 7b7 ,requiring qualified electronic health records ,to include real-,time benefit tools ,section #cjjj7ac7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;jj7#ac77 is amended-- 7#a7 in subparagraph 7,a71 by striking and at the end2 7#b7 in subparagraph 7,b71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 includes1 or is capable of including1 a real-time benefit tool that conveys patient-specific real-time cost and coverage information with respect to prescription drugs that1 with respect to any health information technology certified for electronic prescribing1 the technology shall be capable of incorporating the information described in clauses 7i7 through 7iii7 of paragraph 7#b77;,b7 of section #ahfj;,d-#d7o7 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 7#a7 of such section4 4 7c7 ,inclusion of use of real-,time electronic information in shared decision-,making under ,,mips ,section #ahdh7q77#b77;,b77iii77,,iv7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#d7q77#b77;,b77iii77,,iv77 is amended by adding at the end the following new sentences3 ,this subcategory shall include as an activity1 for performance periods beginning on or after ,january #a1 #bjbb1 use of a real-time benefit tool as described in section #ahfj;,d-#d7o74 ,the ,secretary may establish this activity as a standalone or as a component of another activity44 #abj4 ,beneficiary enrollment simplification 7a7 ,beneficiary enrollment simplification 7#a7 ,effective date of coverage ,section #ahch7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieq7a77 is amended-- 7,a7 by amending paragraph 7#b7 to read as follows3 7#b7 7,a7 in the case of an individual who enrolls pursuant to subsection 7d7 of section #ahcg before the month in which he first satisfies paragraph 7#a7 or 7#b7 of section #ahcf7;a71 the first day of such month1 7,b7 in the case of an individual who first satisfies such paragraph in a month beginning before ,january #bjbc and who enrolls pursuant to such subsection 7d7-- 7i7 in such month in which he first satisfies such paragraph1 the first day of the month following the month in which he so enrolls1 7ii7 in the month following such month in which he first satisfies such paragraph1 the first day of the second month following the month in which he so enrolls1 or 7iii7 more than one month following such month in which he satisfies such paragraph1 the first day of the third month following the month in which he so enrolls1 7,c7 in the case of an individual who first satisfies such paragraph in a month beginning on or after ,january #a1 #bjbc1 and who enrolls pursuant to such subsection 7d7 in such month in which he first satisfies such paragraph or in any subsequent month of his initial enrollment period1 the first day of the month following the month in which he so enrolls1 or 7,d7 in the case of an individual who enrolls pursuant to subsection 7e7 of section #ahcg in a month beginning-- 7i7 before ,january #a1 #bjbc1 the ,july #a following the month in which he so enrolls2 or 7ii7 on or after ,january #a1 #bjbc1 the first day of the month following the month in which he so enrolls2 or 2 and 7,b7 by amending paragraph 7#c7 to read as follows3 7#c7 in the case of an individual who is deemed to have enrolled-- 7,a7 on or before the last day of the third month of his initial enrollment period1 the first day of the month in which he first meets the applicable requirements of section #ahcf7;a7 or ,july #a1 #aigc1 whichever is later1 or 7,b7 on or after the first day of the fourth month of his initial enrollment period1 and where such month begins-- 7i7 before ,january #a1 #bjbc1 as prescribed under subparagraphs 7,b77i71 7,b77ii71 7,b77iii71 and 7,d77i7 of paragraph 7#b71 or 7ii7 on or after ,january #a1 #bjbc1 as prescribed under subparagraphs 7,c7 and 7,d77ii7 of paragraph 7#b74 4 7#b7 ,special enrollment periods for exceptional circumstances 7,a7 ,enrollment ,section #ahcg of the ,social ,security ,act 7#db ,u4,s4,c4 #aciep7 is amended by adding at the end the following new subsection3 7m7 ,beginning ,january #a1 #bjbc1 the ,secretary may establish special enrollment periods in the case of individuals who satisfy paragraph 7#a7 or 7#b7 of section #ahcf7;a7 and meet such exceptional conditions as the ,secretary may provide4 4 7,b7 ,coverage period ,section #ahch of the ,social ,security ,act 7#db ,u4,s4,c4 #acieq7 is amended by adding at the end the following new subsection3 7g7 ,notwithstanding subsection 7a71 in the case of an individual who enrolls during a special enrollment period pursuant to section #ahcg7m71 the coverage period shall begin on a date the ,secretary provides in a manner consistent 7to the extent practicable7 with protecting continuity of health benefit coverage4 4 7,c7 ,conforming amendment ,title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 is amended-- 7i7 in section #ahah;,a7c77#c71 by striking subsections 7h7 and 7i7 of section #ahcg and inserting subsections 7h71 7i71 and 7m7 of section #ahcg2 and 7ii7 in section #ahci7;b71 in the first sentence1 by striking or 7l7 and inserting 1 7l71 or 7m74 7#c7 ,technical correction ,section #ahci7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acier7b77 is amended by adding at the end the following new sentence3 ,for purposes of determining any increase under this subsection for individuals whose enrollment occurs on or after ,january #a1 #bjbc1 the second sentence of this subsection shall be applied by substituting close of the month for close of the enrollment period each place it appears44 7#d7 ,report ,not later than ,january #a1 #bjbc1 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 ,,xviii of the ,social ,security ,act1 including the general enrollment period under part ,b of such title and the annual1 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 title4 ,such report shall include recommendations consistent with the goals of maximizing coverage continuity and choice and easing beneficiary transition4 7b7 ,funding ,section #ahjh of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;b-#i7 is amended by adding the end the following new subsection3 7e7 ,funding for implementation of beneficiary enrollment simplification ,for purposes of carrying out the provisions of and the amendments made by section #abj of division ,,cc of the ,consolidated ,appropriations ,act1 #bjba1 the ,secretary shall provide for the transfer1 from the ,federal ,hospital ,insurance ,trust ,fund under section #ahag and the ,federal ,supplementary ,medical ,insurance ,trust ,fund under section #ahda 7in such proportion as the ,secretary determines appropriate71 to the ,centers for ,medicare ,medicaid ,services ,program ,management ,account1 of #b1jjj1jjj for each of fiscal years #bjba through #bjcj1 to remain available until expended4 4 #aba4 ,waiving budget neutrality for oxygen under the ,medicare program 7a7 ,in general ,section #ahcd7;a77#i77;,d77ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7a77#i77;,d77ii771 with application of subsection 7b71 is amended by adding at the end the following new sentence3 ,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 sentence44 7b7 ,technical correction 7#a7 ,in general ,section #deeb7;b7 of the ,balanced ,budget ,act of #aiig 7,public ,law #aje-cc7 is amended by striking section #ahdh7;a77#i7 and inserting section #ahcd7;a77#i74 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect as if included in the enactment of the ,balanced ,budget ,act of #aiig 7,public ,law #aje-cc74 7c7 ,implementation ,notwithstanding any other provision of law1 the ,secretary of ,health and ,human ,services may implement the amendments made by this section by program instruction or otherwise4 #abb4 ,waiving medicare coinsurance for certain colorectal cancer screening tests 7a7 ,in general ,section #ahcc7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7a77 is amended-- 7#a7 in the second sentence1 by striking section #ahcd7j7 and inserting section #ahcd7o72 7#b7 by moving such second sentence #b ems to the left2 and 7#c7 by inserting the following third sentence following such second sentence3 ,for services furnished on or after ,january #a1 #bjbb1 paragraph 7#a77,y7 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 test1 or for the removal of tissue or other matter or other procedure that is furnished in connection with1 as a result of1 and in the same clinical encounter as the screening test44 7b7 ,special coinsurance rule for certain tests ,section #ahcc of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7 is amended-- 7#a7 in subsection 7a77#a77,y71 by inserting subject to subsection 7dd71 before with respect to2 and 7#b7 by adding at the end the following new subsection3 7dd7 ,special coinsurance rule for certain colorectal cancer screening tests 7#a7 ,in general ,in the case of a colorectal cancer screening test to which paragraph 7#a77,y7 of subsection 7a7 would not apply but for the third sentence of such subsection that is furnished during a year beginning on or after ,january #a1 #bjbb1 and before ,january #a1 #bjcj1 the amount paid shall be equal to the specified percent 7as defined in paragraph 7#b77 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 7or1 in the case such test is a covered ,,opd service 7as defined in subsection 7t77#a77;,b771 the amount determined under subsection 7t774 7#b7 ,specified percent defined ,for purposes of paragraph 7#a71 the term specified percent means-- 7,a7 for #bjbb1 #hj percent2 7,b7 for #bjbc through #bjbf1 #he percent2 and 7,c7 for #bjbg through #bjbi1 #ij percent4 4 7c7 ,conforming amendments ,paragraphs 7#b7 and 7#c7 of section #ahcd7;d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7d77 are each amended-- 7#a7 in subparagraph 7,c77ii71 in the matter preceding subclause 7,i71 by striking ,notwithstanding and inserting ,subject to section #ahcc7;a77#a77,y71 but notwithstanding2 and 7#b7 in subparagraph 7,d71 by striking ,if during and inserting ,subject to section #ahcc7;a77#a77,y71 if during4 #abc4 ,expanding access to mental health services furnished through telehealth 7a7 ,treatment of mental health services furnished through telehealth ,paragraph 7#g7 of section #ahcd7m7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77 is amended-- 7#a7 by striking disorder services furnished through telehealth4--,the geographic and inserting 8disorder services and mental health services furnished through telehealth4-- 7,a7 ,in general ,the geographic 2 7#b7 in subparagraph 7,a71 as added by paragraph 7#a71 by inserting or1 on or after the first day after the end of the emergency period described in section #aace7;g77#a77;,b71 subject to subparagraph 7,b71 to an eligible telehealth individual for purposes of diagnosis1 evaluation1 or treatment of a mental health disorder1 as determined by the ,secretary1 after as determined by the ,secretary12 and 7#c7 by adding at the end the following new subparagraph3 7,b7 ,requirements for mental health services furnished through telehealth 7i7 ,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 diagnosis1 evaluation1 or treatment of a mental health disorder unless such physician or practitioner furnishes an item or service in person1 without the use of telehealth1 for which payment is made under this title 7or would have been made under this title if such individual were entitled to1 or enrolled for1 benefits under this title at the time such item or service is furnished7-- 7,i7 within the #f-month period prior to the first time such physician or practitioner furnishes such a telehealth service to the eligible telehealth individual2 and 7,,ii7 during subsequent periods in which such physician or practitioner furnishes such telehealth services to the eligible telehealth individual1 at such times as the ,secretary determines appropriate4 7ii7 ,clarification ,this subparagraph shall not apply if payment would otherwise be allowed-- 7,i7 under this paragraph 7with respect to telehealth services furnished to an eligible telehealth individual with a substance use disorder diagnosis for purposes of treatment of such disorder or co-occurring mental health disorder72 or 7,,ii7 under this subsection without application of this paragraph4 4 7b7 ,implementation ,notwithstanding any other provision of law1 the ,secretary may implement the provisions of1 or amendments made by1 this section by interim final rule1 program instruction1 or otherwise4 #abd4 ,public-private partnership for health care waste1 fraud1 and abuse detection 7a7 ,in general ,section #aabh;,c7a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#g;c7a77 is amended by adding at the end the following new paragraph3 7#f7 ,public-private partnership for waste1 fraud1 and abuse detection 7,a7 ,in general ,under the program described in paragraph 7#a71 there is established a public-private partnership 7in this paragraph referred to as the partnership7 of health plans1 ,federal and ,state agencies1 law enforcement agencies1 health care anti-fraud organizations1 and any other entity determined appropriate by the ,secretary 7in this paragraph referred to as partners7 for purposes of detecting and preventing health care waste1 fraud1 and abuse4 7,b7 ,contract with trusted third party ,in carrying out the partnership1 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 7,c74 7,c7 ,duties of partnership ,the partnership shall-- 7i7 provide technical and operational support to facilitate data sharing between partners in the partnership2 7ii7 analyze data so shared to identify fraudulent and aberrant billing patterns2 7iii7 conduct aggregate analyses of health care data so shared across ,federal1 ,state1 and private health plans for purposes of detecting fraud1 waste1 and abuse schemes2 7iv7 identify outlier trends and potential vulnerabilities of partners in the partnership with respect to such schemes2 7v7 refer specific cases of potential unlawful conduct to appropriate governmental entities2 7vi7 convene1 not less than annually1 meetings with partners in the partnership for purposes of providing updates on the partnership's work and facilitating information sharing between the partners2 7vii7 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 waste1 fraud1 and abuse while maintaining the confidentiality and integrity of such data2 7viii7 provide partners in the partnership with plan-specific1 confidential feedback on any aberrant billing patterns or potential fraud identified by the partnership with respect to such partner2 7ix7 establish a process by which entities described in subparagraph 7,a7 may enter the partnership and requirements such entities must meet to enter the partnership2 7x7 provide appropriate training1 outreach1 and education to partners based on the results of data analyses described in clauses 7ii7 and 7iii72 and 7xi7 perform such other duties as the ,secretary determines appropriate4 7,d7 ,substance use disorder treatment analysis ,not later than #b years after the date of the enactment of the ,consolidated ,appropriations ,act1 #bjba1 the trusted third party with a contract in effect under subparagraph 7,b7 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 partnership4 7,e7 ,executive ,board 7i7 ,executive ,board composition 7,i7 ,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 ,secretary4 7,,ii7 ,chairs ,the executive board shall be co-chaired by one ,federal ,government official and one representative from the private sector4 7ii7 ,meetings ,the executive board of the partnership shall meet at least once per year4 7iii7 ,executive board duties ,the duties of the executive board shall include the following3 7,i7 ,providing strategic direction for the partnership1 including membership criteria and a mission statement4 7,,ii7 ,communicating with the leadership of the ,department of ,health and ,human ,services and the ,department of ,justice and the various private health sector associations4 7,f7 ,reports ,not later than ,january #a1 #bjbc1 and every #b years thereafter1 the ,secretary shall submit to ,congress and make available on the public website of the ,centers for ,medicare ,medicaid ,services a report containing-- 7i7 a review of activities conducted by the partnership over the #b-year period ending on the date of the submission of such report1 including any progress to any objectives established by the partnership2 7ii7 any savings voluntarily reported by health plans participating in the partnership attributable to the partnership during such period2 7iii7 any savings to the ,federal ,government attributable to the partnership during such period2 7iv7 any other outcomes attributable to the partnership1 as determined by the ,secretary1 during such period2 and 7v7 a strategic plan for the #b-year period beginning on the day after the date of the submission of such report1 including a description of any emerging fraud and abuse schemes1 trends1 or practices that the partnership intends to study during such period4 7,g7 ,funding ,the partnership shall be funded by amounts otherwise made available to the ,secretary for carrying out the program described in paragraph 7#a74 7,h7 ,transitional provisions ,to the extent consistent with this subsection1 all functions1 personnel1 assets1 liabilities1 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 #ag1 #bjab1 by charter of the ,secretary shall be transferred to the partnership established under subparagraph 7,a7 as of the date of the enactment of this paragraph4 7,i7 ,nonapplicability of ,,faca ,the provisions of the ,federal ,advisory ,committee ,act shall not apply to the partnership established by subparagraph 7,a74 7,j7 ,implementation ,notwithstanding any other provision of law1 the ,secretary may implement the partnership established by subparagraph 7,a7 by program instruction or otherwise4 7,k7 ,definition ,for purposes of this paragraph1 the term trusted third party means an entity that-- 7i7 demonstrates the capability to carry out the duties of the partnership described in subparagraph 7,c72 7ii7 complies with such conflict of interest standards determined appropriate by the ,secretary2 and 7iii7 meets such other requirements as the ,secretary may prescribe4 4 7b7 ,potential expansion of public-,private partnership analyses ,not later than #b years after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services shall conduct a study and submit to ,congress a report on the feasibility of the partnership 7as described in section #aabh;,c7a77#f7 of the ,social ,security ,act1 as added by subsection 7a77 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 claims4 ,such report shall include the estimated cost of and any potential barriers to the partnership establishing such a system4 #abe4 ,medicare payment for rural emergency hospital services 7a7 ,in general 7#a7 ,definitions ,section #ahfa of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7 is amended-- 7,a7 in subsection 7e71 in the last sentence of the matter following paragraph 7#i71 by inserting or a rural emergency hospital 7as defined in subsection 7kkk77#b77 before the period at the end2 and 7,b7 by adding at the end the following subsection3 7kkk7 ,rural ,emergency ,hospital ,services2 ,rural emergency hospital 7#a7 ,rural emergency hospital services 7,a7 ,in general ,the term rural emergency hospital services means the following services furnished by a rural emergency hospital 7as defined in paragraph 7#b77 that do not exceed an annual per patient average of #bd hours in such rural emergency hospital3 7i7 ,emergency department services and observation care4 7ii7 ,at the election of the rural emergency hospital1 with respect to services furnished on an outpatient basis1 other medical and health services as specified by the ,secretary through rulemaking4 7,b7 ,staffed emergency department ,for purposes of subparagraph 7,a77i71 an emergency department of a rural emergency hospital shall be considered a staffed emergency department if it meets the following requirements3 7i7 ,the emergency department is staffed #bd hours a day1 #g days a week4 7ii7 ,a physician 7as defined in section #ahfa7r77#a771 nurse practitioner1 clinical nurse specialist1 or physician assistant 7as those terms are defined in section #ahfa7;aa77#e77 is available to furnish rural emergency hospital services in the facility #bd hours a day4 7iii7 ,applicable staffing and staffing responsibilities under section #dhe4fca of title #db1 ,code of ,federal ,regulations 7or any successor regulation74 7#b7 ,rural emergency hospital ,the term rural emergency hospital means a facility described in paragraph 7#c7 that-- 7,a7 is enrolled under section #ahff7;j71 submits the additional information described in paragraph 7#d77;,a7 for purposes of such enrollment1 and makes the detailed transition plan described in clause 7i7 of such paragraph available to the public1 in a form and manner determined appropriate by the ,secretary2 7,b7 does not provide any acute care inpatient services1 other than those described in paragraph 7#f77;,a72 7,c7 has in effect a transfer agreement with a level ,i or level ,,ii trauma center2 7,d7 meets-- 7i7 licensure requirements as described in paragraph 7#e72 7ii7 the requirements of a staffed emergency department as described in paragraph 7#a77;,b72 7iii7 such staff training and certification requirements as the ,secretary may require2 7iv7 conditions of participation applicable to-- 7,i7 critical access hospitals1 with respect to emergency services under section #dhe4fah of title #db1 ,code of ,federal ,regulations 7or any successor regulation72 and 7,,ii7 hospital emergency departments under this title1 as determined applicable by the ,secretary2 7v7 such other requirements as the ,secretary finds necessary in the interest of the health and safety of individuals who are furnished rural emergency hospital services2 and 7vi7 in the case where the rural emergency hospital includes a distinct part unit of the facility that is licensed as a skilled nursing facility1 such distinct part meets the requirements applicable to skilled nursing facilities under this title4 7#c7 ,facility described ,a facility described in this paragraph is a facility that as of the date of the enactment of this subsection-- 7,a7 was a critical access hospital2 or 7,b7 was a subsection 7d7 hospital 7as defined in section #ahhf7;d77#a77;,b77 with not more than #ej beds located in a county 7or equivalent unit of local government7 in a rural area 7as defined in section #ahhf7;d77#b77;,d771 or was a subsection 7d7 hospital 7as so defined7 with not more than #ej beds that was treated as being located in a rural area pursuant to section #ahhf7;d77#h77;,e74 7#d7 ,additional information 7,a7 ,information ,for purposes of paragraph 7#b77;,a71 a facility that submits an application for enrollment under section #ahff7;j7 as a rural emergency hospital shall submit the following information at such time and in such form as the ,secretary may require3 7i7 ,an action plan for initiating rural emergency hospital services 7as defined in paragraph 7#a771 including a detailed transition plan that lists the specific services that the facility will-- 7,i7 retain2 7,,ii7 modify 7,,iii7 add2 and 7,,iv7 discontinue4 7ii7 ,a description of services that the facility intends to furnish on an outpatient basis pursuant to paragraph 7#a77;,a77ii74 7iii7 ,information regarding how the facility intends to use the additional facility payment provided under section #ahcd7x77#b71 including a description of the services covered under this title that the additional facility payment would be supporting1 such as furnishing telehealth services and ambulance services1 including operating the facility and maintaining the emergency department to provide such services covered under this title4 7iv7 ,such other information as the ,secretary determines appropriate4 7,b7 ,effect of enrollment ,such enrollment shall remain effective with respect to a facility until such time as-- 7i7 the facility elects to convert back to its prior designation as a critical access hospital or a subsection 7d7 hospital 7as defined in section #ahhf7;d77#a77;,b771 subject to requirements applicable under this title for such designation and in accordance with procedures established by the ,secretary2 or 7ii7 the ,secretary determines the facility does not meet the requirements applicable to a rural emergency hospital under this subsection4 7#e7 ,licensure ,a facility may not operate as a rural emergency hospital in a ,state unless the facility-- 7,a7 is located in a ,state that provides for the licensing of such hospitals under ,state or applicable local law2 and 7,b7 7i7 is licensed pursuant to such law2 or 7ii7 is approved by the agency of such ,state or locality responsible for licensing hospitals1 as meeting the standards established for such licensing4 7#f7 ,discretionary authority ,a rural emergency hospital may-- 7,a7 include a unit of the facility that is a distinct part licensed as a skilled nursing facility to furnish post-hospital extended care services2 and 7,b7 be considered a hospital with less than #ej beds for purposes of the exception to the payment limit for rural health clinics under section #ahcc7;f74 7#g7 ,quality measurement 7,a7 ,in general ,the ,secretary shall establish quality measurement reporting requirements for rural emergency hospitals1 which may include the use of a small number of claims-based outcomes measures or surveys of patients with respect to their experience in the rural emergency hospital1 in accordance with the succeeding provisions of this paragraph4 7,b7 ,quality reporting by rural emergency hospitals 7i7 ,in general ,with respect to each year beginning with #bjbc1 7or each year beginning on or after the date that is one year after one or more measures are first specified under subparagraph 7,c771 a rural emergency hospital shall submit data to the ,secretary in accordance with clause 7ii74 7ii7 ,submission of quality data ,with respect to each such year1 a rural emergency hospital shall submit to the ,secretary data on quality measures specified under subparagraph 7,c74 ,such data shall be submitted in a form and manner1 and at a time1 specified by the ,secretary for purposes of this subparagraph4 7,c7 ,quality measures 7i7 ,in general ,subject to clause 7ii71 any measure specified by the ,secretary under this subparagraph must have been endorsed by the entity with a contract under section #ahij7;a74 7ii7 ,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 #ahij7;a71 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 ,secretary4 7iii7 ,consideration of low case volume when specifying performance measures ,the ,secretary shall1 in the selection of measures specified under this subparagraph1 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 reliable4 7,d7 ,public availability of data submitted ,the ,secretary shall establish procedures for making data submitted under subparagraph 7,b7 available to the public regarding the performance of individual rural emergency hospitals4 ,such procedures shall ensure that a rural emergency hospital has the opportunity to review1 and submit corrections for1 the data that is to be made public with respect to the rural emergency hospital prior to such data being made public4 ,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 ,secretary4 7#h7 ,clarification regarding application of provisions relating to off-campus outpatient department of a provider ,nothing in this subsection1 section #ahcc7;a77#aj71 or section #ahcd7x7 shall affect the application of paragraph 7#a77;,b77v7 of section #ahcc7t71 relating to applicable items and services 7as defined in subparagraph 7,a7 of paragraph 7#ba7 of such section7 that are furnished by an off-campus outpatient department of a provider 7as defined in subparagraph 7,b7 of such paragraph74 7#i7 ,implementation ,there shall be no administrative or judicial review under section #ahfi1 #ahgh1 or otherwise of the following3 7,a7 ,the determination of whether a rural emergency hospital meets the requirements of this subsection4 7,b7 ,the establishment of requirements under this subsection by the ,secretary1 including requirements described in paragraphs 7#b77;,d71 7#d71 and 7#g74 7,c7 ,the determination of payment amounts under section #ahcd7x71 including the additional facility payment described in paragraph 7#b7 of such section4 4 7#b7 ,payment for rural emergency hospital services 7,a7 ,in general ,section #ahcc7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7a77 is amended-- 7i7 in paragraph 7#h71 by striking and at the end2 7ii7 in paragraph 7#i71 by striking the period at the end and inserting 2 and2 and 7iii7 by inserting after paragraph 7#i7 the following new paragraph3 7#aj7 with respect to rural emergency hospital services furnished on or after ,january #a1 #bjbc1 the amounts determined under section #ahcd7x74 4 7,b7 ,payment amount ,section #ahcd of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7 is amended by adding at the end the following subsection3 7x7 ,payment rules relating to rural emergency hospitals 7#a7 ,payment for rural emergency hospital services ,in the case of rural emergency hospital services 7as defined in section #ahfa7kkk77#a771 furnished by a rural emergency hospital 7as defined in section #ahfa7kkk77#b77 on or after ,january #a1 #bjbc1 the amount of payment for such services shall be equal to the amount of payment that would otherwise apply under section #ahcc7t7 for covered ,,opd services 7as defined in section #ahcc7t77#a77;,b7 7other than clause 7ii7 of such section771 increased by #e percent to reflect the higher costs incurred by such hospitals1 and shall include the application of any copayment amount determined under section #ahcc7t77#h7 as if such increase had not occurred4 7#b7 ,additional facility payment 7,a7 ,in general ,the ,secretary shall make monthly payments to a rural emergency hospital in an amount that is equal to #a_/ab of the annual additional facility payment specified in subparagraph 7,b74 7,b7 ,annual additional facility payment amount ,the annual additional facility payment amount specified in this subparagraph is-- 7i7 for #bjbc1 a ,medicare subsidy amount determined under subparagraph 7,c72 and 7ii7 for #bjbd and each subsequent year1 the amount determined under this subparagraph for the preceding year1 increased by the hospital market basket percentage increase4 7,c7 ,determination of ,medicare subsidy amount ,for purposes of subparagraph 7,b77i71 the ,medicare subsidy amount determined under this subparagraph is an amount equal to-- 7i7 the excess 7if any7 of-- 7,i7 the total amount that the ,secretary determines was paid under this title to all critical access hospitals in #bjai2 over 7,,ii7 the estimated total amount that the ,secretary determines would have been paid under this title to such hospitals in #bjai if payment were made for inpatient hospital1 outpatient hospital1 and skilled nursing facility services under the applicable prospective payment systems for such services during such year2 divided by 7ii7 the total number of such hospitals in #bjai4 7,d7 ,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 payments4 ,such information shall be made available to the ,secretary upon request4 7#c7 ,payment for ambulance services ,for provisions relating to payment for ambulance services furnished by an entity owned and operated by a rural emergency hospital1 see section #ahcd7l74 7#d7 ,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 facility1 see section #ahhh7;e74 7#e7 ,source of payments 7,a7 ,in general ,except as provided in subparagraph 7,b71 payments under this subsection shall be made from the ,federal ,supplementary ,medical ,insurance ,trust ,fund under section #ahda4 7,b7 ,additional facility payment and post-hospital extended care services ,payments under paragraph 7#b7 shall be made from the ,federal ,hospital ,insurance ,trust ,fund under section #ahag4 4 7b7 ,provider agreements 7#a7 ,agreement with ,,qio ,section #ahff7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;cc7a77 is amended-- 7,a7 in paragraph 7#a77;,f77ii71 by inserting rural emergency hospitals1 after critical access hospitals12 and 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by inserting rural emergency hospital1 after critical access hospital12 7ii7 in subparagraph 7,b71 by inserting rural emergency hospital1 after critical access hospital1 each place it appears2 and 7iii7 in subparagraph 7,c77ii77,,ii71 by inserting rural emergency hospitals1 after critical access hospitals1 each place it appears4 7#b7 ,emergency medical treatment and labor act 7,a7 ,section #ahff7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;cc7a77#a77 is amended-- 7i7 in subparagraph 7,i7-- 7,i7 in the matter preceding clause 7i71 by striking or critical access hospital and inserting 1 critical access hospital1 or rural emergency hospital2 and 7,,ii7 in clause 7ii71 by inserting 1 critical access hospital1 or rural emergency hospital after hospital2 and 7ii7 in subparagraph 7,n7-- 7,i7 in the matter preceding clause 7i71 by striking and critical access hospitals and inserting 1 critical access hospitals1 and rural emergency hospitals2 7,,ii7 in clause 7i71 by striking or critical access hospital and inserting 1 critical access hospital1 or rural emergency hospital2 and 7,,iii7 in clause 7iv71 by inserting 1 critical access hospital1 or rural emergency hospital after hospital4 7,b7 ,section #ahfg7;e77#e7 of such ,act 7#db ,u4,s4,c4 #acie;dd7e77#e77 is amended by inserting and a rural emergency hospital 7as defined in section #ahfa7kkk77#b77 before the period4 7c7 ,treatment as telehealth originating site ,section #ahcd7m77#d77;,c77ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem7m77#d77;,c77ii77 is amended by adding at the end the following new subclause3 7,,xi7 ,a rural emergency hospital 7as defined in section #ahfa7kkk77#b774 4 7d7 ,conforming amendments 7#a7 ,section #ahfa7u7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7u77 is amended by inserting rural emergency hospital1 after critical access hospital14 7#b7 ,section #ahfd of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;aa7 is amended by inserting before the period at the end of the first sentence 81 or whether a facility is a rural emergency hospital as defined in section #ahfa7kkk77#b74 7e7 ,studies and reports 7#a7 ,studies ,the ,secretary of ,health and ,human ,services shall conduct #c studies to evaluate the impact of rural emergency hospitals on the availability of health care and health outcomes in rural areas 7as defined in section #ahhf7;d77#b77;,d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7d77#b77;,d7774 ,the ,secretary shall conduct a study-- 7,a7 #d years after the date of the enactment of this ,act2 7,b7 #g years after the date of the enactment of this ,act2 and 7,c7 #aj years after the date of the enactment of this ,act4 7#b7 ,reports ,not later than #f months after each date that the ,secretary of ,health and ,human ,services is required to conduct a study under paragraph 7#a71 the ,secretary shall submit to ,congress a report containing the results of each such study4 7#c7 ,funding ,for purposes of carrying out this subsection1 the ,secretary of ,health and ,human ,services shall provide for the transfer1 from the ,federal ,hospital ,insurance ,trust ,fund under section #ahag of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i7 and the ,federal ,supplementary ,medical ,insurance ,trust ,fund under section #ahda of such ,act 7#db ,u4,s4,c4 #aciet71 in such proportion as the ,secretary determines appropriate1 to the ,centers for ,medicare ,medicaid ,services ,program ,management ,account1 of #i1jjj1jjj4 ,amounts transferred under the preceding sentence shall remain available until expended4 7f7 ,med,p,a,c review of payments to rural emergency hospitals ,each report submitted by the ,medicare ,payment ,advisory ,commission under section #ahje7;b77#a77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;b-#f7;b77#a77;,c77 7beginning with #bjbd71 shall include a review of payments to rural emergency hospitals under section #ahcd7x71 as added by subsection 7a74 7g7 ,effective date ,the amendments made by this section shall apply to items and services furnished on or after ,january #a1 #bjbc4 #abf4 ,distribution of additional residency positions 7a7 ,in general ,section #ahhf7;h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7h77 is amended-- 7#a7 in paragraph 7#d77;,f77i71 by striking paragraphs 7#g7 and 7#h7 and inserting paragraphs 7#g71 7#h71 and 7#i72 7#b7 in paragraph 7#d77;,h77i71 by striking paragraphs 7#g7 and 7#h7 and inserting paragraphs 7#g71 7#h71 and 7#i72 7#c7 in paragraph 7#g77;,e71 by inserting paragraph 7#i71 after paragraph 7#h712 and 7#d7 by adding at the end the following new paragraph3 7#i7 ,distribution of additional residency positions 7,a7 ,additional residency positions 7i7 ,in general ,for fiscal year #bjbc1 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 7as specified in clause 7ii77,i771 the ,secretary shall1 subject to the succeeding provisions of this paragraph1 increase the otherwise applicable resident limit for each qualifying hospital 7as defined in subparagraph 7,f77 that submits a timely application under this subparagraph by such number as the ,secretary may approve effective beginning ,july #a of the fiscal year of the increase4 7ii7 ,number available for distribution 7,i7 ,total number available ,the aggregate number of such positions made available under this paragraph shall be equal to #a1jjj4 7,,ii7 ,annual limit ,the aggregate number of such positions so made available shall not exceed #bjj for a fiscal year4 7iii7 ,process for distributing positions 7,i7 ,rounds of applications ,the ,secretary shall initiate a separate round of applications for an increase under clause 7i7 for each fiscal year for which such an increase is to be provided4 7,,ii7 ,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 #ca of the fiscal year of the increase4 ,such increase shall be effective beginning ,july #a of such fiscal year4 7,b7 ,distribution ,for purposes of providing an increase in the otherwise applicable resident limit under subparagraph 7,a71 the following shall apply3 7i7 ,considerations in distribution ,in determining for which qualifying hospitals such an increase is provided under subparagraph 7,a71 the ,secretary shall take into account the demonstrated likelihood of the hospital filling the positions made available under this paragraph within the first #e training years beginning after the date the increase would be effective1 as determined by the ,secretary4 7ii7 ,minimum distribution for certain categories of hospitals ,with respect to the aggregate number of such positions available for distribution under this paragraph1 the ,secretary shall distribute not less than #aj percent of such aggregate number to each of the following categories of hospitals3 7,i7 ,hospitals that are located in a rural area 7as defined in section #ahhf7;d77#b77;,d77 or are treated as being located in a rural area pursuant to section #ahhf7;d77#h77;,e74 7,,ii7 ,hospitals in which the reference resident level of the hospital 7as specified in subparagraph 7,f77iii77 is greater than the otherwise applicable resident limit4 7,,iii7 ,hospitals in ,states with-- 7aa7 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 #a1 #bjjj1 and that have achieved or continue to progress toward ,full ,accreditation status 7as such term is defined by the ,liaison ,committee on ,medical ,education7 or toward ,accreditation status 7as such term is defined by the ,american ,osteopathic ,association ,commission on ,osteopathic ,college ,accreditation72 or 7bb7 additional locations and branch campuses established on or after ,january #a1 #bjjj1 by medical schools with ,full ,accreditation status 7as such term is defined by the ,liaison ,committee on ,medical ,education7 or ,accreditation status 7as such term is defined by the ,american ,osteopathic ,association ,commission on ,osteopathic ,college ,accreditation74 7,,iv7 ,hospitals that serve areas designated as health professional shortage areas under section #ccb7;a77#a77;,a7 of the ,public ,health ,service ,act1 as determined by the ,secretary4 7,c7 ,limitations 7i7 ,in general ,a hospital may not receive more than #be additional full-time equivalent residency positions under this paragraph4 7ii7 ,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 paragraph4 7,d7 ,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 paragraph1 the approved ,,fte per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph 7#b77;,d7 for that hospital4 7,e7 ,permitting facilities to apply aggregation rules ,the ,secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to1 beginning in the fifth year after the effective date of such increase1 apply such positions to the limitation amount under paragraph 7#d77;,f7 that may be aggregated pursuant to paragraph 7#d77;,h7 among members of the same affiliated group4 7,f7 ,definitions ,in this paragraph3 7i7 ,otherwise applicable resident limit ,the term otherwise applicable resident limit means1 with respect to a hospital1 the limit otherwise applicable under subparagraphs 7,f77i7 and 7,h7 of paragraph 7#d7 on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs 7#g77;,a71 7#g77;,b71 7#h77;,a71 and 7#h77;,b74 7ii7 ,qualifying hospital ,the term qualifying hospital means a hospital described in any of subclauses 7,i7 through 7,,iv7 of subparagraph 7,b77ii74 7iii7 ,reference resident level ,the term reference resident level means1 with respect to a hospital1 the resident level for the most recent cost reporting period of the hospital ending on or before the date of enactment of this paragraph1 for which a cost report has been settled 7or1 if not1 submitted 7subject to audit771 as determined by the ,secretary4 7iv7 ,resident level ,the term resident level has the meaning given such term in paragraph 7#g77;,c77i74 4 7b7 ,,ime ,section #ahhf7;d77#e77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7d77#e77;,b77 is amended-- 7#a7 in clause 7v71 in the third sentence1 by striking and 7h77#h7 and inserting 7h77#h71 and 7h77#i72 7#b7 by redesignating clause 7x71 as added by section #eeje7;b7 of the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh71 as clause 7xi7 and moving such clause #d ems to the left2 and 7#c7 by adding after clause 7xi71 as redesignated by subparagraph 7,a71 the following new clause3 7xii7 ,for discharges occurring on or after ,july #a1 #bjbc1 insofar as an additional payment amount under this subparagraph is attributable to resident positions distributed to a hospital under subsection 7h77#i71 the indirect teaching adjustment factor shall be computed in the same manner as provided under clause 7ii7 with respect to such resident positions4 4 7c7 ,prohibition on judicial review ,section #ahhf7;h77#g77;,e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww-#d7;h77#g77;,e77 is amended by inserting paragraph 7#i71 after paragraph 7#h714 7d7 ,reports 7#a7 ,in general ,not later than ,september #cj1 #bjbe1 and again not later than ,september #cj1 #bjbg1 the ,comptroller ,general of the ,united ,states 7in this subsection referred to as the ,comptroller ,general7 shall conduct a study and submit to ,congress a report on-- 7,a7 the distribution of additional full-time equivalent resident positions under paragraph 7#i7 of section #ahhf7;h7 of the ,social ,security ,act1 as added by subsection 7a72 and 7,b7 rural track and rotator programs under such section4 7#b7 ,contents ,each report described in paragraph 7#a7 shall include-- 7,a7 a description of the distribution described in paragraph 7#a77;,a7 and an analysis of the use of such positions so distributed1 including a description of the effects of such distribution on rural track and rotator programs2 7,b7 a specification1 with respect to each hospital that has received such a distribution1 of whether such hospital has abided by the agreement described in paragraph 7#i77;,c77ii7 of section #ahhf7;h7 of the ,social ,security ,act1 as added by subsection 7a72 and 7,c7 to the extent practicable1 a description of-- 7i7 the type of program in which each such position so distributed is being used2 7ii7 the total number of full-time equivalent residency positions available in each such program2 7iii7 the number of instances in which residents filling such positions so distributed treated individuals entitled to benefits under part ,a1 or enrolled under part ,b1 of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq472 7iv7 the location where each resident that filled a position so distributed went on to practice4 #abg4 ,promoting ,rural ,hospital ,,gme ,funding ,opportunity ,section #ahhf7;h77#d77;,h77iv7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7h77#d77;iv77 is amended-- 7#a7 by striking 7iv7 ,nonrural hospital operating training programs in rural areas4--,in the case of and inserting the following3 7iv7 ,training programs in rural areas 7,i7 ,cost reporting periods beginning before ,october #a1 #bjbb ,for cost reporting periods beginning before ,october #a1 #bjbb1 in the case of 2 and 7#b7 by adding at the end the following new subclause3 7,,ii7 ,cost reporting periods beginning on or after ,october #a1 #bjbb ,for cost reporting periods beginning on or after ,october #a1 #bjbb1 in the case of a hospital not located in a rural area that established or establishes a medical residency training program 7or rural tracks7 in a rural area or establishes an accredited program where greater than #ej percent of the program occurs in a rural area1 the ,secretary shall consistent with the principles of subparagraphs 7,f7 and 7,g7 and subject to paragraphs 7#g7 and 7#h71 prescribe rules for the application of such subparagraphs with respect to such a program and1 in accordance with such rules1 adjust in an appropriate manner the limitation under subparagraph 7,f7 for such hospital and each such hospital located in a rural area that participates in such a training4 4 #abh4 ,five-year extension of the rural community hospital demonstration program 7a7 ,extension 7#a7 ,in general ,subsection 7a77#e7 of section #daj;,a of the ,medicare ,prescription ,drug1 ,improvement1 and ,modernization ,act of #bjjc 7,public ,law #ajh-agc2 #db ,u4,s4,c4 #acieww note71 is amended by striking #aj-year extension period and inserting #ae-year extension period4 7#b7 ,conforming amendments for extension 7,a7 ,extension of demonstration period ,subsection 7g7 of such section #daj;,a is amended-- 7i7 in the subsection heading1 by striking ,ten-,year and inserting ,fifteen-,year2 7ii7 in paragraph 7#a7-- 7,i7 by striking additional #aj-year and inserting additional #ae-year2 and 7,,ii7 by striking #aj-year extension period and inserting #ae-year extension period2 7iii7 in paragraph 7#b71 by striking #aj-year extension period and inserting #ae-year extension period2 7iv7 in paragraph 7#c71 by striking #aj-year extension period and inserting #ae-year extension period2 7v7 in paragraph 7#d71 by striking #aj-year extension period each place it appears and inserting #ae-year extension period2 7vi7 in paragraph 7#e71 by striking #aj-year extension period and inserting #ae-year extension period2 and 7vii7 in subparagraph 7,a7 of paragraph 7#f71 by striking #aj-year extension period and inserting #ae-year extension period4 7,b7 ,rule for hospitals that are not original participants in the demonstration ,paragraph 7#e7 of subsection 7g7 of such section #daj;,a is amended-- 7i7 by striking program4--,during and inserting program4-- 7,a7 ,,cures ,act extension ,during 2 and 7ii7 by adding at the end the following new subparagraph3 7,b7 ,additional extension ,during the third #e years of the #ae-year extension period1 the ,secretary shall apply the provisions of paragraph 7#d7 to rural community hospitals that are not described in paragraph 7#d7 but are participating in the demonstration program under this section as of ,december #cj1 #bjai1 in a similar manner as such provisions apply to rural community hospitals described in paragraph 7#d74 4 7b7 ,clarifying technical amendments ,such section #daj;,a1 as amended by subsection 7a71 is further amended-- 7#a7 in subsection 7a77#a71 by inserting of ,health and ,human ,services after ,secretary2 7#b7 in subsection 7f77#a77;,a77iv7 by inserting of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#d7 after section #ahbj2 and 7#c7 in subsection 7g7-- 7,a7 in the heading of paragraph 7#d71 by striking ,hospitals in demonstration program on date of enactment and inserting ,hospitals participating in the demonstration program during the initial #e-year period2 and 7,b7 in paragraph 7#f77;,a71 by striking not later than #abj days after the date of the enactment of this paragraph and inserting not later than ,april #ab1 #bjag4 #abi4 ,extension of ,frontier ,community ,health ,integration ,project ,demonstration 7a7 ,in general ,subsection 7f7 of section #abc of the ,medicare ,improvements for ,patients and ,providers ,act of #bjjh 7#db ,u4,s4,c4 #acie;i-#d note7 is amended-- 7#a7 in paragraph 7#a71 by striking #c-year period beginning on ,october #a1 #bjji and inserting #c-year period beginning on ,august #a1 #bjaf 7referred to in this section as the initial period71 and #e-year period beginning on ,july #a1 #bjba 7referred to in this section as the extension period72 7#b7 in paragraph 7#b7-- 7,a7 by striking project4--,the demonstration and inserting 8project4-- 7,a7 ,initial period ,during the initial period1 the demonstration 2 and 7,b7 by adding at the end the following new subparagraph3 7,b7 ,extension period ,during the extension period1 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 7d77#c7 begin operations in accordance with the requirements under the demonstration project4 2 and 7#c7 by adding at the end the following new paragraph3 7#c7 ,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 #a1 #bjba4 4 7b7 ,eligible entities ,subsection 7d77#a7 of such section #abc is amended-- 7#a7 in subparagraph 7,b71 in the matter preceding clause 7i71 by striking ,in this section and inserting ,subject to subparagraph 7,c71 in this section2 and 7#b7 by adding at the end the following new subparagraph3 7,c7 ,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 period4 4 7c7 ,funding ,subsection 7g77#a7 of such section #abc is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by striking ,in general and inserting ,initial period2 and 7,b7 by inserting with respect to the initial period before the period at the end2 and 7#b7 by adding at the end the following new subparagraph3 7,c7 ,extension period ,the ,secretary shall provide for the transfer of #aj1jjj1jjj1 in appropriate part from the ,federal ,hospital ,insurance ,trust ,fund established under section #ahag of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i7 and the ,federal ,supplementary ,medical ,insurance ,trust ,fund established under section #ahda of such ,act 7#db ,u4,s4,c4 #aciet71 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 period4 4 #acj4 ,improving rural health clinic payments ,section #ahcc7;f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciel7f77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by inserting 7before ,april #a1 #bjba7 after in a subsequent year2 and 7,b7 by striking this subsection and inserting this paragraph2 7#b7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively2 7#c7 in the matter preceding subparagraph 7,a71 as redesignated by paragraph 7#b7-- 7,a7 by inserting 7#a7 after 7f72 and 7,b7 by inserting prior to ,april #a1 #bjba after services provided2 and 7#d7 by adding at the end the following new paragraphs3 7#b7 ,in establishing limits under subsection 7a7 on payment for rural health clinic services furnished on or after ,april #a1 #bjba1 by a rural health clinic 7other than a rural health clinic described in paragraph 7#c77;,b771 the ,secretary shall establish such limit1 for services provided-- 7,a7 in #bjba1 after ,march #ca1 at #ajj per visit2 7,b7 in #bjbb1 at #aac per visit2 7,c7 in #bjbc1 at #abf per visit2 7,d7 in #bjbd1 at #aci per visit2 7,e7 in #bjbe1 at #aeb per visit2 7,f7 in #bjbf1 at #afe per visit2 7,g7 in #bjbg1 at #agh per visit2 7,h7 in #bjbh1 at #aij per visit2 and 7,i7 in a subsequent year1 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 year4 7#c7 7,a7 ,in establishing limits under subsection 7a7 on payment for rural health clinic services furnished on or after ,april #a1 #bjba1 by a rural health clinic described in subparagraph 7,b71 the ,secretary shall establish such limit1 with respect to each such rural health clinic1 for services provided-- 7i7 in #bjba1 after ,march #ca1 at an amount equal to the greater of-- 7,i7 the per visit payment amount applicable to such rural health clinic for rural health clinic services furnished in #bjbj1 increased by the percentage increase in the ,,mei applicable to primary care services furnished as of the first day of #bjba2 or 7,,ii7 the limit described in paragraph 7#b77;,a72 and 7ii7 in a subsequent year1 at an amount equal to the greater of-- 7,i7 the amount established under clause 7i77,i7 or this subclause for the previous year with respect to such rural health clinic1 increased by the percentage increase in the ,,mei applicable to primary care services furnished as of the first day of such subsequent year2 or 7,,ii7 the limit established under paragraph 7#b7 for such subsequent year4 7,b7 ,a rural health clinic described in this subparagraph is a rural health clinic that1 as of ,december #ca1 #bjai1 was-- 7i7 in a hospital with less than #ej beds2 and 7ii7 enrolled under section #ahff7;j74 4 #aca4 ,medicare ,,gme treatment of hospitals establishing new medical residency training programs after hosting medical resident rotators for short durations 7a7 ,redetermination of approved ,,fte resident amount ,section #ahhf7;h77#b77;,f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7h77#b77;,f77 is amended-- 7#a7 by inserting 7i7 before ,in the case of2 and 7#b7 by adding at the end the following3 7ii7 ,in applying this subparagraph in the case of a hospital that trains residents and has not entered into a ,,gme affiliation agreement 7as defined by the ,secretary for purposes of paragraph 7#d77;,h77ii771 on or after the date of the enactment of this clause1 the ,secretary shall not establish an ,,fte resident amount until such time as the ,secretary determines that the hospital has trained at least #a4j full-time-equivalent resident in an approved medical residency training program in a cost reporting period4 7iii7 ,in applying this subparagraph for cost reporting periods beginning on or after the date of enactment of this clause1 in the case of a hospital that1 as of such date of enactment1 has an approved ,,fte resident amount based on the training in an approved medical residency program or programs of-- 7,i7 less than #a4j full-time-equivalent resident in any cost reporting period beginning before ,october #a1 #aiig1 as determined by the ,secretary2 or 7,,ii7 no more than #c4j full-time-equivalent residents in any cost reporting period beginning on or after ,october #a1 #aiig1 and before the date of the enactment of this clause1 as determined by the ,secretary1 in lieu of such ,,fte resident amount the ,secretary shall1 in accordance with the methodology described in section #dac4gg7;e7 of title #db of the ,code of ,federal ,regulations 7or any successor regulation71 establish a new ,,fte resident amount if the hospital trains at least #a4j full-time-equivalent resident 7in the case of a hospital described in subclause 7,i77 or more than #c4j full-time-equivalent residents 7in the case of a hospital described in subclause 7,,ii77 in a cost reporting period beginning on or after such date of enactment and before the date that is #e years after such date of enactment4 7iv7 ,for purposes of carrying out this subparagraph for cost reporting periods beginning on or after the date of the enactment of this clause1 a hospital shall report full-time-equivalent residents on its cost report for a cost reporting period if the hospital trains at least #a4j full-time-equivalent residents in an approved medical residency training program or programs in such period4 7v7 ,as appropriate1 the ,secretary may consider information from any cost reporting period necessary to establish a new ,,fte resident amount as described in clause 7iii74 4 7b7 ,redetermination of ,,fte resident limitation ,section #ahhf7;h77#d77;,h77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7h77#d77;,h77i77 is amended-- 7#a7 by inserting 7,i7 before ,the ,secretary2 and 7#b7 by adding at the end the following3 7,,ii7 ,in applying this clause in the case of a hospital that1 on or after the date of the enactment of this subclause1 begins training residents in a new approved medical residency training program or programs 7as defined by the ,secretary71 the ,secretary shall not determine a limitation applicable to the hospital under subparagraph 7,f7 until such time as the ,secretary determines that the hospital has trained at least #a4j full-time-equivalent resident in such new approved medical residency training program or programs in a cost reporting period4 7,,iii7 ,in applying this clause in the case of a hospital that1 as of the date of the enactment of this subclause1 has a limitation under subparagraph 7,f71 based on a cost reporting period beginning before ,october #a1 #aiig1 of less than #a4j full-time-equivalent resident1 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 #a4j full-time-equivalent residents in a program year beginning on or after such date of enactment and before the date that is #e years after such date of enactment4 7,,iv7 ,in applying this clause in the case of a hospital that1 as of the date of the enactment of this subclause1 has a limitation under subparagraph 7,f71 based on a cost reporting period beginning on or after ,october #a1 #aiig1 and before such date of enactment1 of no more than #c4j full-time-equivalent residents1 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 #c4j full-time-equivalent residents in a program year beginning on or after such date of enactment and before the date that is #e years after such date of enactment4 7,v7 ,an adjustment to the limitation applicable to a hospital made pursuant to subclause 7,,iii7 or 7,,iv7 shall be made in a manner consistent with the methodology1 as appropriate1 in section #dac4gi7;e7 of title #db1 ,code of ,federal ,regulations 7or any successor regulation74 ,as appropriate1 the ,secretary may consider information from any cost reporting periods necessary to make such an adjustment to the limitation4 4 7c7 ,technical and conforming amendments ,section #ahhf of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7 is amended-- 7#a7 in subsection 7d77#e77;,b77viii71 by striking subsection 7h77#d77;,h7 and inserting paragraphs 7#b77;,f77iv7 and 7#d77;,h7 of subsection 7h72 and 7#b7 in subsection 7h7-- 7,a7 in paragraph 7#d77;,h77iv71 by striking an rural area and inserting a rural area2 and 7,b7 in paragraph 7#g77;,e71 by striking under this and all that follows through the period at the end and inserting the following3 under this paragraph1 paragraph 7#h71 clause 7i71 7ii71 7iii71 or 7v7 of paragraph 7#b77;,f71 or clause 7i7 or 7vi7 of paragraph 7#d77;,h744 7d7 ,effective date ,the amendments made by this section shall apply to payment under section #ahhf of the ,social ,security ,act 7#db ,u4,s4,c4 #acieww7 for cost reporting periods beginning on or after the date of the enactment of this ,act4 #acb4 ,medicare payment for certain ,federally qualified health center and rural health clinic services furnished to hospice patients ,section #ahcd of the ,social ,security ,act 7#db ,u4,s4,c4 #aciem71 as amended by section #abe7;a77#b77;,b71 is amended-- 7#a7 in subsection 7o71 by adding at the end the following new paragraph3 7#d7 ,payment for attending physician services furnished by ,federally qualified health centers to hospice patients ,in the case of services described in section #ahab7;d77#b77;,a77ii7 furnished on or after ,january #a1 #bjbb1 by an attending physician 7as defined in section #ahfa7;dd77#c77;,b71 other than a physician or practitioner who is employed by a hospice program7 who is employed by or working under contract with a ,federally qualified health center1 a ,federally qualified health center shall be paid for such services under the prospective payment system under this subsection4 2 and 7#b7 by adding at the end the following new subsection3 7y7 ,payment for attending physician services furnished by rural health clinics to hospice patients ,in the case of services described in section #ahab7;d77#b77;,a77ii7 furnished on or after ,january #a1 #bjbb1 by an attending physician 7as defined in section #ahfa7;dd77#c77;,b71 other than a physician or practitioner who is employed by a hospice program7 who is employed by or working under contract with a rural health clinic1 a rural health clinic shall be paid for such services under the methodology for all-inclusive rates 7established by the ,secretary7 under section #ahcc7;a77#c71 subject to the limits described in section #ahcc7;f74 4 #acc4 ,delay to the implementation of the radiation oncology model under the ,medicare program ,notwithstanding any provision of section #aaae;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #acae;a71 the ,secretary of ,health and ,human ,services may not implement the radiation oncology model described in the rule entitled ,medicare ,program2 ,specialty ,care ,models ,to ,improve ,quality of ,care and ,reduce ,expenditures 7#he ,fed4 ,reg4 #faaad et seq471 or any substantially similar model1 pursuant to such section before ,january #a1 #bjbb4 #acd4 ,improving access to skilled nursing facility services for hemophilia patients 7a7 ,in general ,section #ahhh7;e77#b77;,a77iii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieyy7e77#b77;,a77iii77 is amended by adding at the end the following3 7,,vi7 ,blood clotting factors indicated for the treatment of patients with hemophilia and other bleeding disorders 7identified as of ,july #a1 #bjbj1 by ,,hcpcs codes ,j#gagj1 ,j#gage1 ,j#gagg-;,j#gahc1 ,j#gahe-;,j#gaij1 ,j#gaib-;,j#gaie1 ,j#gaih-;,j#gbjc1 ,j#gbje1 ,j#gbjg-;,j#gbaa1 and as subsequently modified by the ,secretary7 and items and services related to the furnishing of such factors under section #ahdb7o77#e77;,c71 and any additional blood clotting factors identified by the ,secretary and items and services related to the furnishing of such factors under such section4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply to items and services furnished on or after ,october #a1 #bjba4 ,,ii ,medicaid ,extenders and ,other ,policies #bja4 ,eliminating ,,dsh reductions for fiscal years #bjba through #bjbc ,section #aibc7;f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#d7;f771 as amended by section #aajf of the ,further ,continuing ,appropriations ,act1 #bjba1 and ,other ,extensions ,act1 is amended-- 7#a7 in paragraph 7#g77;,a7-- 7,a7 in clause 7i71 in the matter preceding subclause 7,i71 by striking ,for the period and all that follows through #bjbe and inserting ,for each of fiscal years #bjbd through #bjbg12 and 7,b7 in clause 7ii71 by striking equal to-- and all that follows through the period at the end and inserting equal to #h1jjj1jjj1jjj for each of fiscal years #bjbd through #bjbg2 and 7#b7 in paragraph 7#h71 by striking #bjbe and inserting #bjbg4 #bjb4 ,supplemental payment reporting requirements ,section #aijc of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7 is amended by adding at the end the following new subsection3 7bb7 ,supplemental payment reporting requirements 7#a7 ,collection and availability of supplemental payment data 7,a7 ,in general ,not later than ,october #a1 #bjba1 the ,secretary shall establish a system for each ,state to submit reports1 as determined appropriate by the ,secretary1 on supplemental payments data1 as a requirement for a ,state plan or ,state plan amendment that would provide for a supplemental payment4 7,b7 ,requirements ,each report submitted by a ,state in accordance with the requirement established under subparagraph 7,a7 shall include the following3 7i7 ,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 #aijb7;a77#cj77;,a71 including standards with respect to efficiency1 economy1 quality of care1 and access1 along with the stated purpose and intended effects of the supplemental payment4 7ii7 ,the criteria used to determine which providers are eligible to receive the supplemental payment4 7iii7 ,a comprehensive description of the methodology used to calculate the amount of1 and distribute1 the supplemental payment to each eligible provider1 including-- 7,i7 data on the amount of the supplemental payment made to each eligible provider1 if known1 or1 if the total amount is distributed using a formula based on data from #a or more fiscal years1 data on the total amount of the supplemental payments for the fiscal year or years available to all providers eligible to receive a supplemental payment2 7,,ii7 if applicable1 the specific criteria with respect to ,medicaid service1 utilization1 or cost data to be used as the basis for calculations regarding the amount or distribution of the supplemental payment2 and 7,,iii7 the timing of the supplemental payment made to each eligible provider4 7iv7 ,an assurance that the total ,medicaid payments made to an inpatient hospital provider1 including the supplemental payment1 will not exceed upper payment limits4 7v7 ,if not already submitted1 an upper payment limit demonstration under section #ddg4bgb of title #db1 ,code of ,federal ,regulations 7as such section is in effect as of the date of enactment of this subsection74 7,c7 ,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 basis4 7#b7 ,supplemental payment defined 7,a7 ,in general ,subject to subparagraph 7,b71 in this subsection1 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 authority4 7,b7 ,,dsh payments excluded ,such term does not include a disproportionate share hospital payment made under section #aibc4 4 #bjc4 ,medicaid shortfall and third party payments 7a7 ,in general ,subsection 7g7 of section #aibc of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#d7 is amended to read as follows3 7g7 ,limit on amount of payment to hospital 7#a7 ,in general 7,a7 ,amount of adjustment subject to uncompensated costs ,a payment adjustment during a fiscal year shall not be considered to be consistent with subsection 7c7 with respect to a hospital 7other than a hospital described in paragraph 7#b77;,b77 if the payment adjustment exceeds an amount equal to-- 7i7 the costs incurred during the year of furnishing hospital services by the hospital to individuals described in subparagraph 7,b7 minus-- 7ii7 the sum of-- 7,i7 payments under this title 7other than under this section7 for such services2 and 7,,ii7 payments by uninsured patients for such services4 7,b7 ,individuals described ,for purposes of subparagraph 7,a71 the individuals described in this clause are the following3 7i7 ,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 services4 7ii7 ,subject to subparagraph 7,c71 individuals who have no health insurance 7or other source of third party coverage7 for services provided during the year1 as determined by the ,secretary4 7,c7 ,exclusion of certain payments ,for purposes of subparagraph 7,b77ii71 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 coverage4 7#b7 ,application of limits for certain hospitals 7,a7 ,in general ,a payment adjustment during a fiscal year shall not be considered to be consistent with subsection 7c7 with respect to a hospital described in subparagraph 7,b7 if the payment adjustment exceeds the higher of-- 7i7 the amount determined for the hospital and fiscal year under paragraph 7#a77;,a72 and 7ii7 the amount determined for the hospital under paragraph 7#a77;,a7 as in effect on ,january #a1 #bjbj4 7,b7 ,hospitals described ,a hospital is described in this subparagraph for a fiscal year if1 for the most recent cost reporting period1 the hospital is in at least the #igth percentile of all hospitals with respect to-- 7i7 the number of inpatient days for such period that were made up of patients who 7for such days7 were entitled to benefits under part ,a of title ,,xviii and were entitled to supplemental security income benefits under title ,,xvi 7excluding any ,state supplementary benefits paid with respect to such patients72 or 7ii7 the percentage of total inpatient days that were made up of patients who 7for such days7 were described in clause 7i74 4 7b7 ,effective date ,the amendment made by this section shall take effect on ,october #a1 #bjba1 and shall apply to payment adjustments made under section #aibc of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#d7 during fiscal years beginning on or after such date4 #bjd4 ,extension of ,money ,follows the ,person ,rebalancing ,demonstration 7a7 ,in general 7#a7 ,funding ,section #fjga7;h7 of the ,deficit ,reduction ,act of #bjje 7#db ,u4,s4,c4 #acif;a note7 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in each of subparagraphs 7,f7 through 7,h71 by striking subject to paragraph 7#c712 7ii7 in subparagraph 7,g71 by striking and at the end2 7iii7 in subparagraph 7,h71 by striking the period and inserting a semicolon2 and 7iv7 by adding at the end the following new subparagraphs3 7,i7 for the period beginning on ,december #ai1 #bjbj1 and ending on ,september #cj1 #bjba1 the amount equal to the pro rata portion of an annual appropriation of #dej1jjj1jjj2 7,j7 #dej1jjj1jjj for fiscal year #bjbb2 and 7,k7 #dej1jjj1jjj for fiscal year #bjbc4 2 7,b7 in paragraph 7#b7-- 7i7 by striking ,subject to paragraph 7#c71 amounts and inserting ,amounts2 and 7ii7 by striking #bjba and inserting #bjbc2 and 7,c7 by striking paragraph 7#c74 7#b7 ,research and evaluation ,section #fjga7;g7 of the ,deficit ,reduction ,act of #bjje 7#db ,u4,s4,c4 #acif;a note7 is amended-- 7,a7 in paragraph 7#b71 by striking #bjaf and inserting #bjbf2 and 7,b7 in paragraph 7#c71 by inserting and for each of fiscal years #bjba through #bjbc after #bjaf14 7b7 ,changes to institutional residency period requirement 7#a7 ,in general ,section #fjga7;b77#b7 of the ,deficit ,reduction ,act of #bjje 7#db ,u4,s4,c4 #acif;a note7 is amended-- 7,a7 in subparagraph 7,a77i71 by striking #ij and inserting #fj2 and 7,b7 by striking the flush sentence after subparagraph 7,b74 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall take effect on the date that is #cj days after the date of the enactment of this ,act4 7c7 ,updates to ,state application requirements ,section #fjga of the ,deficit ,reduction ,act of #bjje 7#db ,u4,s4,c4 #acif;a note7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#c71 by striking 1 which shall include and all that follows through #bjjg2 7,b7 in paragraph 7#g7-- 7i7 in the paragraph heading1 by striking ,rebalancing and inserting ,expenditures2 7ii7 in subparagraph 7,a71 by adding and at the end2 and 7iii7 in subparagraph 7,b7-- 7,i7 in clause 7i71 by striking and at the end2 7,,ii7 in clause 7ii71 by striking the period at the end and inserting a semicolon2 and 7,,iii7 by adding at the end the following3 7iii7 include a work plan that describes for each ,federal fiscal year that occurs during the proposed ,,mfp demonstration project-- 7,i7 the use of grant funds for each proposed initiative that is designed to accomplish the objective described in subsection 7a77#a71 including a funding source for each activity that is part of each such proposed initiative2 7,,ii7 an evaluation plan that identifies expected results for each such proposed initiative2 and 7,,iii7 a sustainability plan for components of such proposed initiatives that are intended to improve transitions1 which shall be updated with actual expenditure information for each ,federal fiscal year that occurs during the ,,mfp demonstration project2 and 7iv7 contain assurances that grant funds used to accomplish the objective described in subsection 7a77#a7 shall be obligated not later than #bd months after the date on which the funds are awarded and shall be expended not later than #fj months after the date on which the funds are awarded 7unless the ,secretary waives either such requirement74 2 and 7,c7 in paragraph 7#ac7-- 7i7 in subparagraph 7,a71 by striking 2 and and inserting 1 and in such manner as will meet the reporting requirements set forth for the ,transformed ,medicaid ,statistical ,information ,system 7,t-,,msis722 7ii7 by redesignating subparagraph 7,b7 as subparagraph 7,d72 and 7iii7 by inserting after subparagraph 7,a7 the following3 7,b7 the ,state shall report on a quarterly basis on the use of grant funds by distinct activity1 as described in the approved work plan1 and by specific population as targeted by the ,state2 7,c7 if the ,state fails to report the information required under subparagraph 7,b71 fails to report such information on a quarterly basis1 or fails to make progress under the approved work plan1 the ,state shall implement a corrective action plan approved by the ,secretary2 and 2 and 7#b7 in subsection 7d77#d71 by adding at the end the following new subparagraph3 7,c7 ,corrective action plan progress ,in the case of a ,state required to implement a corrective action plan under subparagraph 7,c7 of subsection 7c77#ac71 the ,state must implement such plan and demonstrate progress in reporting information under subparagraph 7,b7 of such subsection or progress under the approved work plan 7as applicable74 4 7d7 ,funding for quality assurance and improvement2 ,technical assistance2 ,oversight ,section #fjga7;f7 of the ,deficit ,reduction ,act of #bjje 7#db ,u4,s4,c4 #acif;a note7 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,funding ,from the amounts appropriated under subsection 7h77#a71 #c1jjj1jjj shall be available to the ,secretary to carry out this subsection4 ,such amount shall remain available until expended4 4 7e7 ,best practices evaluation ,section #fjga of the ,deficit ,reduction ,act of #bjje 7#db ,u4,s4,c4 #acif;a note7 is amended by adding at the end the following3 7i7 ,best practices 7#a7 ,report ,the ,secretary1 directly or through grant or contract1 shall submit a report to the ,president and ,congress not later than ,september #cj1 #bjbb1 that contains findings and conclusions on best practices from ,,mfp demonstration projects carried out with grants made under this section4 ,the report shall include information and analyses with respect to the following3 7,a7 ,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 beneficiaries1 such as beneficiaries who are aged1 physically disabled1 intellectually or developmentally disabled1 or individuals with serious mental illnesses1 and other targeted waiver beneficiary populations under section #aiae7;c7 of the ,social ,security ,act4 7,b7 ,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 outcomes1 including differentiating funding for current initiatives that are designed for such purpose and funding for proposed initiatives that are designed for such purpose4 7,c7 ,the most effective ,state approaches carried out under ,,mfp demonstration projects for improving person-centered care and planning4 7,d7 ,identification of program1 financing1 and other flexibilities available under ,,mfp demonstration projects1 that are not available under the traditional ,medicaid program1 and which directly contributed to successful transitions and improved health outcomes under ,,mfp demonstration projects4 7,e7 ,state strategies and financing mechanisms for effective coordination of housing financed or supported under ,,mfp demonstration projects with local housing authorities and other resources4 7,f7 ,effective ,state approaches for delivering ,money ,follows the ,person transition services through managed care entities4 7,g7 ,other best practices and effective transition strategies demonstrated by ,states with approved ,,mfp demonstration projects1 as determined by the ,secretary4 7,h7 ,identification and analyses of opportunities and challenges to integrating effective ,money ,follows the ,person practices and ,state strategies into the traditional ,medicaid program4 7#b7 ,collaboration ,in preparing the report required under this subsection1 the ,secretary shall collect and incorporate information from ,states with approved ,,mfp demonstration projects and beneficiaries participating in such projects1 and providers participating in such projects4 7#c7 ,waiver of ,paperwork ,reduction ,act ,chapter #ce of title #dd1 ,united ,states ,code1 shall not apply to preparation of the report described in paragraph 7#a7 or collection of information described in paragraph 7#b74 7#d7 ,funding ,from the amounts appropriated under subsection 7h77#a7 for each of fiscal years #bjba and #bjbb1 not more than #cjj1jjj shall be available to the ,secretary for each such fiscal year to carry out this subsection4 4 7f7 ,,macpac report on qualified settings criteria ,section #fjga of the ,deficit ,reduction ,act of #bjje 7#db ,u4,s4,c4 #acif;a note71 as amended by subsection 7e71 is further amended by adding at the end the following3 7j7 ,,macpac report ,prior to the final implementation date established by the ,secretary for the criteria established for home and community-based settings in section #dda4cja7;c77#d7 of title #db1 ,code of ,federal ,regulations1 as part of final implementation of the ,home and ,community ,based ,services 7,,hcbs7 ,final ,rule published on ,january #af1 #bjad 7#gi ,fed4 ,reg4 #bidg7 7referred to in this subsection as the ,,hcbs final rule71 the ,medicaid and ,,chip ,payment and ,access ,commission 7,,macpac7 shall submit to ,congress a report that-- 7#a7 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 rule2 and 7#b7 if determined appropriate by the ,commission1 recommends policies to align the criteria for a qualified residence under subsection 7b77#f7 7as in effect on ,october #a1 #bjag7 with the criteria in the ,,hcbs final rule4 4 7g7 ,application to current projects ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall update the terms and conditions of any approved ,,mfp demonstration project under section #fjga of the ,deficit ,reduction ,act of #bjje 7#db ,u4,s4,c4 #acif;a note7 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 section4 #bje4 ,extension of spousal impoverishment protections 7a7 ,in general ,section #bdjd of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #acifr-#e note7 is amended by striking ,december #ah1 #bjbj and inserting ,september #cj1 #bjbc4 7b7 ,rule of construction ,nothing in section #bdjd of ,public ,law #aaa-adh 7#db ,u4,s4,c4 #acifr-#e note7 or section #aijb7;a77#ag7 or #aibd of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#ag71 #acifr-#e7 shall be construed as prohibiting a ,state from-- 7#a7 applying an income or resource disregard under a methodology authorized under section #aijb7r77#b7 of such ,act 7#db ,u4,s4,c4 #acif;a7r77#b77-- 7,a7 to the income or resources of an individual described in section #aijb7;a77#aj77;,a77ii77,,vi7 of such ,act 7#db ,u4,s4,c4 #acif;a7a77#aj77;,a77ii77,,vi77 7including a disregard of the income or resources of such individual's spouse72 or 7,b7 on the basis of an individual's need for home and community-based services authorized under subsection 7c71 7d71 7i71 or 7k7 of section #aiae of such ,act 7#db ,u4,s4,c4 #acifn7 or under section #aaae of such ,act 7#db ,u4,s4,c4 #acae72 or 7#b7 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 #aijb7;a77#aj77;,c7 of such ,act 7#db ,u4,s4,c4 #acif;a7a77#aj77;,c77 or by reason of section #aijb7;f7 of such ,act 7#db ,u4,s4,c4 #acif;a7f77 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 #aibd of such ,act 7#db ,u4,s4,c4 #acifr-#e74 #bjf4 ,extension of community mental health services demonstration program ,section #bbc7;d7 of the ,protecting ,access to ,medicare ,act of #bjad 7#db ,u4,s4,c4 #acif;a note71 as amended by section #aajd of the ,further ,continuing ,appropriations ,act1 #bjba1 and ,other ,extensions ,act1 is amended-- 7#a7 in paragraph 7#c71 by striking under this subsection and all that follows through the period and inserting that meet the requirements of this subsection through ,september #cj1 #bjbc42 7#b7 in paragraph 7#e77;,c77iii77,i71 by striking during the #h fiscal quarter period 7or any portion of the period7 that begins on ,january #a1 #bjbj and inserting through ,september #cj1 #bjbc2 7#c7 in paragraph 7#e77;,c77iii77,,ii71 by inserting before the period at the end or through ,september #cj1 #bjbc1 whichever is longer2 7#d7 in paragraph 7#h77;,a71 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 #b years or through ,september #cj1 #bjbc1 whichever is longer44 #bjg4 ,clarifying authority of ,state ,medicaid fraud and abuse control units to investigate and prosecute cases of ,medicaid patient abuse and neglect in any setting 7a7 ,in general ,section #aijc7q77#d77;,a77ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7q77#d77;,a77ii77 is amended by inserting after patients residing in board and care facilities the following3 and of patients 7who are receiving medical assistance under the ,state plan under this title 7or waiver of such plan77 in a noninstitutional or other setting4 7b7 ,availability of funding ,section #aijc7;a77#f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7a77#f77 is amended1 in the matter following subparagraph 7,b71 by striking 7as found necessary by the ,secretary for the elimination of fraud in the provision and administration of medical assistance provided under the ,state plan 7or waiver of such plan774 #bjh4 ,medicaid coverage for citizens of ,freely ,associated ,states 7a7 ,in general ,section #djb7;b77#b7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afab7;b77#b77 is amended by adding at the end the following new subparagraph3 7,g7 ,medicaid exception for citizens of ,freely ,associated ,states ,with respect to eligibility for benefits for the designated ,federal program defined in paragraph 7#c77;,c7 7relating to the ,medicaid program71 paragraph 7#a7 shall not apply to any individual who lawfully resides in #a of the #ej ,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 ,micronesia1 the ,republic of the ,marshall ,islands1 and the ,republic of ,palau and shall not apply1 at the option of the ,governor of ,puerto ,rico1 the ,virgin ,islands1 ,guam1 the ,northern ,mariana ,islands1 or ,american ,samoa as communicated to the ,secretary of ,health and ,human ,services in writing1 to any individual who lawfully resides in the respective territory in accordance with such ,compacts4 4 7b7 ,exception to #e-,year limited eligibility ,section #djc7;b7 of such ,act 7#h ,u4,s4,c4 #afac7;b77 is amended by adding at the end the following new paragraph3 7#c7 ,exception for citizens of freely associated ,states ,an individual described in section #djb7;b77#b77;,g71 but only with respect to the designated ,federal program defined in section #djb7;b77#c77;,c74 4 7c7 ,definition of qualified alien ,section #dca7;b7 of such ,act 7#h ,u4,s4,c4 #afda7;b77 is amended-- 7#a7 in paragraph 7#f71 by striking 2 or at the end and inserting a comma2 7#b7 in paragraph 7#g71 by striking the period at the end and inserting 1 or2 and 7#c7 by adding at the end the following new paragraph3 7#h7 an individual who lawfully resides in the ,united ,states in accordance with a ,compact of ,free ,association referred to in section #djb7;b77#b77;,g71 but only with respect to the designated ,federal program defined in section #djb7;b77#c77;,c7 7relating to the ,medicaid program74 4 7d7 ,conforming amendments ,section #aajh of the ,social ,security ,act 7#db ,u4,s4,c4 #acjh7 is amended-- 7#a7 in subsection 7f71 in the matter preceding paragraph 7#a71 by striking subsection 7g7 and section #aice7;e77#a77;,b7 and inserting subsections 7g7 and 7h7 and section #aice7;e77#a77;,b72 and 7#b7 by adding at the end the following3 7h7 ,exclusion of medical assistance expenditures for citizens of ,freely ,associated ,states ,expenditures for medical assistance provided to an individual described in section #dca7;b77#h7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda7;b77#h77 shall not be taken into account for purposes of applying payment limits under subsections 7f7 and 7g74 4 7e7 ,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 ,act4 #bji4 ,medicaid coverage of certain medical transportation 7a7 ,continuing requirement of medicaid coverage of necessary transportation 7#a7 ,requirement ,section #aijb7;a77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#d77 is amended-- 7,a7 by striking and including provision for utilization and inserting including provision for utilization2 and 7,b7 by inserting after supervision of administration of the plan the following3 1 and1 subject to section #aijc7;i71 including a specification that the single ,state agency described in paragraph 7#e7 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 transportation4 7#b7 ,application with respect to benchmark benefit packages and benchmark equivalent coverage ,section #aicg7;a77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifu-#g7;a77#a77 is amended-- 7,a7 in subparagraph 7,a71 by striking subsection 7,e7 and inserting subparagraphs 7,e7 and 7,f72 and 7,b7 by adding at the end the following new subparagraph3 7,f7 ,necessary transportation ,notwithstanding the preceding provisions of this paragraph1 a ,state may not provide medical assistance through the enrollment of an individual with benchmark coverage or benchmark equivalent coverage described in subparagraph 7,a77i7 unless1 subject to section #aijc7;i77#i7 and in accordance with section #aijb7;a77#d71 the benchmark benefit package or benchmark equivalent coverage 7or the ,state7-- 7i7 ensures necessary transportation for individuals enrolled under such package or coverage to and from providers2 and 7ii7 provides a description of the methods that will be used to ensure such transportation4 4 7#c7 ,limitation on federal financial participation ,section #aijc7;i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7i77 is amended by inserting after paragraph 7#h7 the following new paragraph3 7#i7 with respect to any amount expended for non-emergency transportation authorized under section #aijb7;a77#d71 unless the ,state plan provides for the methods and procedures required under section #aijb7;a77#cj77;,a72 or 4 7#d7 ,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 date4 7b7 ,medicaid program integrity measures related to coverage of nonemergency medical transportation 7#a7 ,gao study ,not later than two years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a study1 and submit to ,congress1 a report on coverage under the ,medicaid program under title ,,xix of the ,social ,security ,act of nonemergency transportation to services4 ,such study shall take into account the #bjji report of the ,office of the ,inspector ,general of the ,department of ,health and ,human ,services1 titled ,fraud and ,abuse ,safeguards for ,state ,medicaid ,nonemergency ,medical ,transportation ,services 7,,oei-#jf-jg-jjcbj74 ,such report shall include the following3 7,a7 ,an examination of the #ej ,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 services4 7,b7 ,an examination of transportation brokers to identify the range of safeguards against such fraud and abuse to prevent improper payments for such transportation4 7,c7 ,identification of the numbers1 types1 and outcomes of instances of fraud and abuse1 with respect to coverage under the ,medicaid program of such transportation1 that ,state ,medicaid ,fraud ,control ,units have investigated in recent years4 7,d7 ,identification of commonalities or trends in program integrity1 with respect to such coverage1 to inform risk management strategies of ,states and the ,centers for ,medicare ,medicaid ,services4 7#b7 ,stakeholder meetings 7,a7 ,in general ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services1 through the ,centers for ,medicare ,medicaid ,services1 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 integrity1 with respect to coverage of nonemergency transportation to medically necessary services4 7,b7 ,topics ,the meetings convened under subparagraph 7,a7 shall-- 7i7 focus on ongoing challenges to ,medicaid program integrity as well as leading practices to address such challenges2 and 7ii7 address specific challenges raised by stakeholders involved in coverage under the ,medicaid program of nonemergency transportation to covered services1 including unique considerations for specific groups of ,medicaid beneficiaries meriting particular attention1 such as ,american ,indians and tribal land issues or accommodations for individuals with disabilities4 7,c7 ,stakeholders ,stakeholders described in subparagraph 7,a7 shall include individuals from ,state ,medicaid programs1 brokers for nonemergency transportation to medically necessary services that meet the criteria described in section #aijb7;a77#gj77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#gj77;,b771 providers 7including transportation network companies71 ,medicaid patient advocates1 and such other individuals specified by the ,secretary4 7#c7 ,guidance review ,not later than #bd months after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services1 through the ,centers for ,medicare ,medicaid ,services1 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 services4 7#d7 ,nemt transportation provider and driver requirements 7,a7 ,state plan requirement ,section #aijb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77 is amended-- 7i7 by striking and at the end of paragraph 7#he72 7ii7 by striking the period at the end of paragraph 7#hf7 and inserting 2 and2 and 7iii7 by inserting after paragraph 7#hf7 the following new paragraph3 7#hg7 provide for a mechanism1 which may include attestation1 that ensures that1 with respect to any provider 7including a transportation network company7 or individual driver of nonemergency transportation to medically necessary services receiving payments under such plan 7but excluding any public transit authority71 at a minimum-- 7,a7 each such provider and individual driver is not excluded from participation in any ,federal health care program 7as defined in section #aabh;,b7f77 and is not listed on the exclusion list of the ,inspector ,general of the ,department of ,health and ,human ,services2 7,b7 each such individual driver has a valid driver's license2 7,c7 each such provider has in place a process to address any violation of a ,state drug law2 and 7,d7 each such provider has in place a process to disclose to the ,state ,medicaid program the driving history1 including any traffic violations1 of each such individual driver employed by such provider1 including any traffic violations4 4 7,b7 ,effective date 7i7 ,in general ,except as provided in clause 7ii71 the amendments made by subparagraph 7,a7 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 ,act4 7ii7 ,exception ,in the case of a ,state plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq471 or waiver of such plan1 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 section1 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 ,act4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of the session shall be considered to be a separate regular session of the ,state legislature4 7#e7 ,analysis of t-msis data ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services1 through the ,centers for ,medicare ,medicaid ,services1 shall analyze1 and submit to ,congress a report on1 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 services4 7c7 ,consultation relating to nonemergency medical transportation ,in the case of a ,state that exercises the option described in section #aijb7;a77#gj7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#g771 in establishing a non-emergency medical transportation brokerage program under such section1 a ,state ,medicaid agency may consult relevant stakeholders1 including stakeholders representing patients1 medical providers1 ,medicaid managed care organizations1 brokers for non-emergency medical transportation1 and transportation providers 7including public transportation providers74 #baj4 ,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 7a7 ,in general ,section #aije of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#bi71 by striking and at the end2 7,b7 by redesignating paragraph 7#cj7 as paragraph 7#ca72 and 7,c7 by inserting after paragraph 7#bi7 the following new paragraph3 7#cj7 subject to subsection 7gg71 routine patient costs for items and services furnished in connection with participation in a qualifying clinical trial 7as defined in such subsection72 and 2 and 7#b7 by adding at the end the following new subsection3 7gg7 7#a7 ,routine patient costs ,for purposes of subsection 7a77#cj71 with respect to a ,state and an individual enrolled under the ,state plan 7or a waiver of such plan7 who participates in a qualifying clinical trial1 routine patient costs-- 7,a7 include any item or service provided to the individual under the qualifying clinical trial1 including-- 7i7 any item or service provided to prevent1 diagnose1 monitor1 or treat complications resulting from such participation1 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 waiver2 and 7ii7 any item or service required solely for the provision of the investigational item or service that is the subject of such trial1 including the administration of such investigational item or service2 and 7,b7 does not include-- 7i7 an item or service that is the investigational item or service that is-- 7,i7 the subject of the qualifying clinical trial2 and 7,,ii7 not otherwise covered outside of the clinical trial under the ,state plan or waiver2 or 7ii7 an item or service that is-- 7,i7 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 individual2 and 7,,ii7 not otherwise covered under the ,state plan or waiver4 7#b7 ,qualifying clinical trial defined 7,a7 ,in general ,for purposes of this subsection and subsection 7a77#cj71 the term qualifying clinical trial means a clinical trial 7in any clinical phase of development7 that is conducted in relation to the prevention1 detection1 or treatment of any serious or life-threatening disease or condition and is described in any of the following clauses3 7i7 ,the study or investigation is approved1 conducted1 or supported 7which may include funding through in-kind contributions7 by one or more of the following3 7,i7 ,the ,national ,institutes of ,health4 7,,ii7 ,the ,centers for ,disease ,control and ,prevention4 7,,iii7 ,the ,agency for ,healthcare ,research and ,quality4 7,,iv7 ,the ,centers for ,medicare ,medicaid ,services4 7,v7 ,a cooperative group or center of any of the entities described in subclauses 7,i7 through 7,,iv7 or the ,department of ,defense or the ,department of ,veterans ,affairs4 7,,vi7 ,a qualified non-governmental research entity identified in the guidelines issued by the ,national ,institutes of ,health for center support grants4 7,,vii7 ,any of the following if the conditions described in subparagraph 7,b7 are met3 7aa7 ,the ,department of ,veterans ,affairs4 7bb7 ,the ,department of ,defense4 7cc7 ,the ,department of ,energy4 7ii7 ,the clinical trial is conducted pursuant to an investigational new drug exemption under section #eje7;i7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act or an exemption for a biological product undergoing investigation under section #cea7;a77#c7 of the ,public ,health ,service ,act4 7iii7 ,the clinical trial is a drug trial that is exempt from being required to have an exemption described in clause 7ii74 7,b7 ,conditions ,for purposes of subparagraph 7,a77i77,,vii71 the conditions described in this subparagraph1 with respect to a clinical trial approved or funded by an entity described in such subparagraph 7,a77i77,,vii71 are that the clinical trial has been reviewed and approved through a system of peer review that the ,secretary determines-- 7i7 to be comparable to the system of peer review of studies and investigations used by the ,national ,institutes of ,health2 and 7ii7 assures unbiased review of the highest scientific standards by qualified individuals with no interest in the outcome of the review4 7#c7 ,coverage determination requirements ,a determination with respect to coverage under subsection 7a77#cj7 for an individual participating in a qualifying clinical trial-- 7,a7 shall be expedited and completed within #gb hours2 7,b7 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 trial2 7,c7 shall be based on attestation regarding the appropriateness of the qualifying clinical trial by the health care provider and principal investigator described in subparagraph 7,b71 which shall be made using a streamlined1 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 ,secretary1 such as clinicaltrials4gov 7or a successor website72 and 7,d7 shall not require submission of the protocols of the qualifying clinical trial1 or any other documentation that may be proprietary or determined by the ,secretary to be burdensome to provide4 4 7b7 ,requiring mandatory coverage under ,state plan ,section #aijb7;a77#aj77;,a7 of such ,act is amended1 in the matter preceding clause 7i71 by striking and 7#bi7 and inserting 7#bi71 and 7#cj74 7c7 ,inclusion in benchmark coverage ,section #aicg7;b77#e7 of such ,act is amended by inserting before the period at the end the following3 1 and beginning ,january #a1 #bjbb1 coverage of routine patient costs for items and services furnished in connection with participation in a qualifying clinical trial 7as defined in section #aije7;gg774 7d7 ,exemption of additional expenditures from payment limits for territories ,section #aajh7;g77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acjh7;g77#d77 is amended-- 7#a7 by striking ,with respect to and inserting the following3 7,a7 ,in general ,with respect to 2 and 7#b7 by adding at the end the following new subparagraph3 7,b7 ,additional exemption ,payments under section #aijc for medical assistance consisting of routine patient costs 7as defined in section #aije7;gg77#a77 shall not be taken into account in applying subsection 7f74 4 7e7 ,effective date 7#a7 ,in general ,the amendments made by this section shall apply with respect to items and services furnished on or after ,january #a1 #bjbb4 7#b7 ,exception for ,state legislation ,in the case of a ,state plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq471 or waiver of such plan1 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 section1 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 ,act4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of the session shall be considered to be a separate regular session of the ,state legislature4 ,,iii ,human ,services #cja4 ,extension of ,,tanf1 child care entitlement to ,states1 and related programs ,activities authorized by part ,a of title ,,iv and section #aajh7;b7 of the ,social ,security ,act shall continue through ,september #cj1 #bjba1 in the manner authorized for fiscal year #bjbj1 and out of any money in the ,treasury of the ,united ,states not otherwise appropriated1 there are hereby appropriated such sums as may be necessary for such purpose4 ,grants and payments may be made pursuant to this authority on a quarterly basis through the #dth quarter of fiscal year #bjba at the level provided for such activities for the corresponding quarter of fiscal year #bjbj4 #cjb4 ,personal responsibility education extension ,section #eac of the ,social ,security ,act 7#db ,u4,s4,c4 #gac7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by striking #bjbj and for the period beginning ,october #a1 #bjbj1 and ending ,december #ah1 #bjbj and inserting #bjbc2 and 7,,ii7 in clause 7i71 by striking or period2 7ii7 in subparagraph 7,b77i71 by striking the #bnd sentence2 7iii7 in subparagraph 7,c77i7-- 7,i7 by striking or the period described in subparagraph 7,a72 and 7,,ii7 by striking or period2 7,b7 in paragraph 7#c7-- 7i7 by striking or the period described in paragraph 7#a77;,a72 and 7ii7 by striking or period2 and 7,c7 in paragraph 7#d7-- 7i7 by striking #bjbj and for the period described in paragraph 7#a77;,a7 and inserting #bjbc2 7ii7 by striking #bjbj and for the period so described and inserting #bjbc2 and 7iii7 by striking or the period so described2 7#b7 in subsection 7c7-- 7,a7 in each of paragraphs 7#a7 and 7#b71 by striking ,subject to paragraph 7#c71 from and inserting ,from2 and 7,b7 by striking paragraph 7#c72 and 7#c7 in subsection 7f71 by striking #bjbj1 and for the period beginning on ,october #a1 #bjbj1 and ending on ,december #ah1 #bjbj1 the amount equal to the pro rata portion of the amount appropriated for such period for fiscal year #bjbj and inserting #bjbc4 #cjc4 ,sexual risk avoidance education extension ,section #eaj of the ,social ,security ,act 7#db ,u4,s4,c4 #gaj7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a7-- 7,i7 by striking #bjbj and for the period beginning ,october #a1 #bjbj1 and ending ,december #ah1 #bjbj and inserting #bjbc2 and 7,,ii7 by striking 7or1 with respect to such period1 for fiscal year #bjba72 and 7ii7 in subparagraph 7,a71 by striking or period each place it appears2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking #bjbj and for the period beginning ,october #a1 #bjbj1 and ending ,december #ah1 #bjbj and inserting #bjbc2 and 7,,ii7 by striking 7or1 with respect to such period1 for fiscal year #bjba72 and 7ii7 in subparagraph 7,b77i71 by striking 7or1 with respect to the period described in subparagraph 7,a71 for fiscal year #bjba72 and 7#b7 in subsection 7f7-- 7,a7 in paragraph 7#a71 by striking #bjbj1 and for the period beginning on ,october #a1 #bjbj1 and ending on ,december #ah1 #bjbj1 the amount equal to the pro rata portion of the amount appropriated for such period for fiscal year #bjbj and inserting #bjbc2 and 7,b7 in paragraph 7#b71 by striking #bjbj1 and for the period described in paragraph 7#a71 and inserting #bjbc14 #cjd4 ,extension of support for current health professions opportunity grants ,out of any money in the ,treasury of the ,united ,states not otherwise appropriated1 there are hereby appropriated to the ,secretary of ,health and ,human ,services #c1fjj1jjj1 which shall be available-- 7#a7 through the end of fiscal year #bjba for necessary administrative expenses to carry out grants made under section #bjjh7;a7 of the ,social ,security ,act before the date of the enactment of this ,act2 and 7#b7 through the end of fiscal year #bjbb for research1 evaluation1 and reporting under such section1 and for necessary administrative expenses to carry out these activities4 #cje4 ,extension of ,mary,lee ,allen ,promoting ,safe and ,stable ,families ,program and ,state court support 7a7 ,extensions ,section #dcf of the ,social ,security ,act 7#db ,u4,s4,c4 #fbi;f7 is amended in each of subsections 7a71 7b77#d77;,a71 7b77#e71 and 7f77#aj7 by striking #bjba and inserting #bjbb4 7b7 ,program changes ,section #dch of such ,act 7#db ,u4,s4,c4 #fbi;h7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by inserting in a timely and complete manner before 1 as set forth2 and 7ii7 in subparagraph 7,c71 by striking the semicolon and inserting 1 including by training judges1 attorneys1 and other legal personnel42 and 7,b7 by striking paragraphs 7#c7 and 7#d72 7#b7 in subsection 7b7-- 7,a7 by striking paragraph 7#b72 7,b7 by striking all that precedes be eligible to receive and inserting the following3 7b7 ,applications ,in order to 2 and 7,c7 in the matter preceding paragraph 7#b7-- 7i7 by moving the matter #b ems to the left2 7ii7 in subparagraph 7,a7-- 7,i7 by striking 7,a7 in the case of a grant for the purpose described in subsection 7a77#c71 and inserting 7#a72 and 7,,ii7 by inserting use not less than #cj percent of grant funds to before collaborate2 7iii7 in subparagraph 7,b71 by striking 7,b7 in the case of a grant for the purpose described in subsection 7a77#d71 and inserting 7#b72 and 7iv7 in subparagraph 7,c71 by striking 7,c7 in the case of a grant for the purpose described in subsection 7a71 and inserting 7#c72 7#c7 by striking subsection 7c7 and inserting the following3 7c7 ,amount of grant 7#a7 ,in general ,from the amounts reserved under sections #dcf7;b77#b7 and #dcg7;b77#b7 for a fiscal year1 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-- 7,a7 #bee1jjj2 and 7,b7 the amount described in paragraph 7#b7 with respect to the court and the fiscal year4 7#b7 ,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 #dcf7;b77#b7 and #dcg7;b77#b7 for grants under this section for the fiscal year 7after applying paragraphs 7#a77;,a7 and 7#c7 of this subsection7 as the number of individuals in the ,state in which the court is located who have not attained #ba years of age bears to the total number of such individuals in all ,states with a highest ,state court that has an approved application under this section for the fiscal year4 7#c7 ,indian tribes ,from the amounts reserved under section #dcf7;b77#b7 for a fiscal year1 the ,secretary shall1 before applying paragraph 7#a7 of this subsection1 allocate #a1jjj1jjj for grants to be awarded on a competitive basis among the highest courts of ,indian tribes or tribal consortia that-- 7,a7 are operating a program under part ,e1 in accordance with section #dgi;,b2 7,b7 are seeking to operate a program under part ,e and have received an implementation grant under section #dgf2 or 7,c7 have a court responsible for proceedings related to foster care or adoption4 2 and 7#d7 in subsection 7d71 by striking #bjag through #bjba and inserting #bjah through #bjbb4 7c7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjba4 ,,iv ,health ,offsets #dja4 ,requiring certain manufacturers to report drug pricing information with respect to drugs under the ,medicare program 7a7 ,in general ,section #ahdg;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c;a7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#b77;,a71 by inserting or subsection 7f77#b71 as applicable before the period at the end2 7,b7 in paragraph 7#c71 in the matter preceding subparagraph 7,a71 by inserting or subsection 7f77#b71 as applicable1 before determined by2 and 7,c7 in paragraph 7#f77;,a71 in the matter preceding clause 7i71 by inserting or subsection 7f77#b71 as applicable1 before determined by2 and 7#b7 in subsection 7f7-- 7,a7 by striking ,for requirements and inserting the following3 7#a7 ,in general ,for requirements 2 and 7,b7 by adding at the end the following new paragraph3 7#b7 ,manufacturers without a rebate agreement under title ,,xix 7,a7 ,in general ,if the manufacturer of a drug or biological described in subparagraph 7,c71 7,e71 or 7,g7 of section #ahdb7o77#a7 or in section #ahha7;b77#ad77;,b7 that is payable under this part has not entered into and does not have in effect a rebate agreement described in subsection 7b7 of section #aibg1 for calendar quarters beginning on ,january #a1 #bjbb1 such manufacturer shall report to the ,secretary the information described in subsection 7b77#c77;,a77iii7 of such section #aibg with respect to such drug or biological in a time and manner specified by the ,secretary4 ,for purposes of applying this paragraph1 a drug or biological described in the previous sentence includes items1 services1 supplies1 and products that are payable under this part as a drug or biological4 7,b7 ,audit ,information reported under subparagraph 7,a7 is subject to audit by the ,inspector ,general of the ,department of ,health and ,human ,services4 7,c7 ,verification ,the ,secretary may survey wholesalers and manufacturers that directly distribute drugs or biologicals described in subparagraph 7,a71 when necessary1 to verify manufacturer prices and manufacturer's average sales prices 7including wholesale acquisition cost7 if required to make payment reported under subparagraph 7,a74 ,the ,secretary may impose a civil monetary penalty in an amount not to exceed #ajj1jjj on a wholesaler1 manufacturer1 or direct seller1 if the wholesaler1 manufacturer1 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 information4 ,the provisions of section #aabh;,a 7other than subsections 7a7 7with respect to amounts of penalties or additional assessments7 and 7b77 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 #aabh;,a7a74 7,d7 ,confidentiality ,notwithstanding any other provision of law1 information disclosed by manufacturers or wholesalers under this paragraph 7other than the wholesale acquisition cost for purposes of carrying out this section7 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 wholesaler1 except-- 7i7 as the ,secretary determines to be necessary to carry out this section 7including the determination and implementation of the payment amount71 or to carry out section #ahdg;,b2 7ii7 to permit the ,comptroller ,general of the ,united ,states to review the information provided2 7iii7 to permit the ,director of the ,congressional ,budget ,office to review the information provided2 7iv7 to permit the ,medicare ,payment ,advisory ,commission to review the information provided2 and 7v7 to permit the ,medicaid and ,,chip ,payment and ,access ,commission to review the information provided4 4 7b7 ,enforcement ,section #ahdg;,a of such ,act 7#db ,u4,s4,c4 #aciew-#c;a7 is further amended-- 7#a7 in subsection 7d77#d7-- 7,a7 in subparagraph 7,a71 by striking ,in general and inserting ,misrepresentation2 7,b7 in subparagraph 7,b71 by striking subparagraph 7,b7 and inserting subparagraph 7,a71 7,b71 or 7,c72 7,c7 by redesignating subparagraph 7,b7 as subparagraph 7,e72 and 7,d7 by inserting after subparagraph 7,a7 the following new subparagraphs3 7,b7 ,failure to provide timely information ,if the ,secretary determines that a manufacturer described in subsection 7f77#b7 has failed to report on information described in section #aibg7;b77#c77;,a77iii7 with respect to a drug or biological in accordance with such subsection1 the ,secretary shall apply a civil money penalty in an amount of #aj1jjj for each day the manufacturer has failed to report such information and such amount shall be paid to the ,treasury4 7,c7 ,false information ,any manufacturer required to submit information under subsection 7f77#b7 that knowingly provides false information is subject to a civil money penalty in an amount not to exceed #ajj1jjj for each item of false information4 ,such civil money penalties are in addition to other penalties as may be prescribed by law4 7,d7 ,increasing oversight and enforcement ,for calendar quarters beginning on or after ,january #a1 #bjbb1 section #aibg7;b77#c77;,c77iv7 shall be applied as if-- 7i7 each reference to under this subparagraph and subsection 7c77#d77;,b77ii77,,iii7 were a reference to under this subparagraph1 subsection 7c77#d77;,b77ii77,,iii71 and subparagraphs 7,a71 7,b71 and 7,c7 of section #ahdg;,a7d77#d72 and 7ii7 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 7f77#b7 of section #ahdg;,a and subparagraphs 7,a71 7,b71 and 7,c7 of section #ahdg;,a7d77#d7 and1 if applicable1 agreements under this section4 2 and 7#b7 in subsection 7c77#f77;,a71 by striking the period at the end and inserting 1 except that1 for purposes of subsection 7f77#b71 the ,secretary may1 if the ,secretary determines appropriate1 exclude repackagers of a drug or biological from such term44 7c7 ,manufacturers with a rebate agreement 7#a7 ,in general ,section #aibg7;b77#c77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;b77#c77;,a77 is amended by adding at the end the following new sentence3 ,for purposes of applying clause 7iii71 for calendar quarters beginning on or after ,january #a1 #bjbb1 a drug or biological described in the flush matter following such clause includes items1 services1 supplies1 and products that are payable under part ,b of title ,,xviii as a drug or biological44 7#b7 ,technical amendment ,section #aibg7;b77#c77;,a77iii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;b77#c77;,a77iii77 is amended by striking section #ahha7;b77#ac77;,a77ii7 and inserting section #ahha7;b77#ad77;,b74 7d7 ,report ,not later than ,january #a1 #bjbc1 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 #ahdg;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c;a71 including the extent to which manufacturers provide false information1 misclassify drug products1 or misreport information4 ,such report shall include any recommendations on how to improve the accuracy of such information4 #djb4 ,extended months of coverage of immunosuppressive drugs for kidney transplant patients and other renal dialysis provisions 7a7 ,medicare entitlement to immunosuppressive drugs for kidney transplant recipients 7#a7 ,in general ,section #bbf;,a7b77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dbf-a7;b77#b77 is amended by inserting 7except for eligibility for enrollment under part ,b solely for purposes of coverage of immunosuppressive drugs described in section #ahfa7s77#b77;,j77 before 1 with the thirty-sixth month4 7#b7 ,individuals eligible only for coverage of immunosuppressive drugs 7,a7 ,in general ,section #ahcf of the ,social ,security ,act 7#db ,u4,s4,c4 #acieo7 is amended-- 7i7 by striking ,every and inserting 7a7 ,in general4--,every2 and 7ii7 by adding at the end the following new subsection3 7b7 ,individuals eligible for immunosuppressive drug coverage 7#a7 ,in general ,except as provided under paragraph 7#b71 every individual whose entitlement to insurance benefits under part ,a ends 7whether before1 on1 or after ,january #a1 #bjbc7 by reason of section #bbf;,a7b77#b7 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 #ahcg7n74 7#b7 ,exception if other coverage is available 7,a7 ,in general ,an individual described in paragraph 7#a7 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 individual1 as determined in accordance with subparagraph 7,b7-- 7i7 is enrolled in a group health plan or group or individual health insurance coverage1 as such terms are defined in section #bgia of the ,public ,health ,service ,act2 7ii7 is enrolled for coverage under the ,,tricare for ,life program under section #ajhf7;d7 of title #aj1 ,united ,states ,code2 7iii7 is enrolled under a ,state plan 7or waiver of such plan7 under title ,,xix and is eligible to receive benefits for immunosuppressive drugs described in this subsection under such plan 7or such waiver72 7iv7 is enrolled under a ,state child health plan 7or waiver of such plan7 under title ,,xxi and is eligible to receive benefits for such drugs under such plan 7or such waiver72 or 7v7 7,i7 is enrolled in the patient enrollment system of the ,department of ,veterans ,affairs established and operated under section #agje of title #ch1 ,united ,states ,code2 7,,ii7 is not required to enroll under section #agje of such title to receive immunosuppressive drugs described in this subsection2 or 7,,iii7 is otherwise eligible under a provision of title #ch1 ,united ,states ,code1 other than section #agaj of such title to receive immunosuppressive drugs described in this subsection4 7,b7 ,eligibility determinations 7i7 ,in general ,the ,secretary1 in coordination with the ,commissioner of ,social ,security1 shall establish a process for determining whether an individual described in paragraph 7#a7 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 subsection1 including the requirement that the individual not be enrolled in other coverage as described in subparagraph 7,a74 7ii7 ,attestation regarding other coverage ,the process established under clause 7i7 shall include1 at a minimum1 a requirement that-- 7,i7 the individual provide to the ,commissioner an attestation that the individual is not enrolled and does not expect to enroll in such other coverage2 and 7,,ii7 the individual notify the ,commissioner within #fj days of enrollment in such other coverage4 4 7,b7 ,conforming amendment 7i7 ,in general ,sections #ahcg1 #ahch1 and #ahci of the ,social ,security ,act 7#db ,u4,s4,c4 #aciep1 #db ,u4,s4,c4 #acieq1 #db ,u4,s4,c4 #acier7 are each amended by striking #ahcf and inserting #ahcf7;a7 each place it appears4 7ii7 ,additional amendment ,section #ahcg7;j77#a7 of such ,act 7#db ,u4,s4,c4 #aciep7j77#a77 is amended by striking #ahcf7a7 and inserting #ahcf7;a77#a74 7b7 ,enrollment for individuals only eligible for coverage of immunosuppressive drugs ,section #ahcg of the ,social ,security ,act 7#db ,u4,s4,c4 #aciep71 as amended by section #abj1 is amended by adding at the end the following new subsection3 7n7 7#a7 ,any individual who is eligible for coverage of immunosuppressive drugs under section #ahcf7;b7 may enroll or be deemed to have enrolled only in such manner and form as may be prescribed by regulations1 and only during an enrollment period described in this subsection4 7#b7 ,an individual described in paragraph 7#a7 whose entitlement for hospital insurance benefits under part ,a ends by reason of section #bbf;,a7b77#b7 prior to ,january #a1 #bjbc1 may enroll beginning on ,october #a1 #bjbb1 or the day on which the individual first satisfies section #ahcf7;b71 whichever is later4 7#c7 ,an individual described in paragraph 7#a7 whose entitlement for hospital insurance benefits under part ,a ends by reason of section #bbf;,a7b77#b7 on or after ,january #a1 #bjbc1 shall be deemed to have enrolled in the medical insurance program established by this part for purposes of coverage of immunosuppressive drugs4 7#d7 ,the ,secretary shall establish a process under which an individual described in paragraph 7#a7 whose other coverage described in section #ahcf7;b77#b77;,a71 or coverage under this part 7including the medical insurance program established under this part for purposes of coverage of immunosuppressive drugs71 is terminated voluntarily or involuntary may enroll or reenroll1 if applicable1 in the medical insurance program established under this part for purposes of coverage of immunosuppressive drugs4 4 7c7 ,coverage period for individuals only eligible for coverage of immunosuppressive drugs 7#a7 ,in general ,section #ahch of the ,social ,security ,act 7#db ,u4,s4,c4 #acieq71 as amended by section #abj1 is further amended by adding at the end the following new subsection3 7h7 ,in the case of an individual described in section #ahcf7;b77#a71 the following rules shall apply3 7#a7 ,in the case of such an individual who is deemed to have enrolled in part ,b for coverage of immunosuppressive drugs under section #ahcg7n77#c71 such individual's coverage period shall begin on the first day of the month in which the individual first satisfies section #ahcf7;b74 7#b7 ,in the case of such an individual who enrolls 7or reenrolls1 if applicable7 in part ,b for coverage of immunosuppressive drugs under paragraph 7#b7 or 7#d7 of section #ahcg7n71 such individual's coverage period shall begin on ,january #a1 #bjbc1 or the month following the month in which the individual so enrolls 7or reenrolls71 whichever is later4 7#c7 ,the provisions of subsections 7b7 and 7d7 shall apply with respect to an individual described in paragraph 7#a7 or 7#b74 7#d7 ,in addition to the reasons for termination under subsection 7b71 the coverage period of an individual described in paragraph 7#a7 or 7#b7 shall end when the individual becomes entitled to benefits under this title under subsection 7a7 or 7b7 of section #bbf1 or under section #bbf;,a1 or is no longer eligible for such coverage as a result of the application of section #ahcf7;b77#b74 7#e7 ,the ,secretary may conduct public education activities to raise awareness of the availability of more comprehensive1 individual health insurance coverage 7as defined in section #bgia of the ,public ,health ,service ,act7 for individuals eligible under section #ahcf7;b7 to enroll or to be deemed enrolled in the medical insurance program established under this part for purposes of coverage of immunosuppressive drugs4 4 7#b7 ,conforming amendments ,section #ahch7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieq7b77 is amended1 in the matter following paragraph 7#b71 by inserting or section #ahcg7n77#c7 after section #ahcg7;f7 each place it appears4 7d7 ,premiums for individuals only eligible for coverage of immunosuppressive drugs 7#a7 ,in general ,section #ahci of the ,social ,security ,act 7#db ,u4,s4,c4 #acier71 as amended by section #abj1 is further amended-- 7,a7 in subsection 7b71 by adding at the end the following new sentence3 ,no increase in the premium shall be effected for individuals who are enrolled pursuant to section #ahcf7;b7 for coverage only of immunosuppressive drugs42 and 7,b7 by adding at the end the following new subsection3 7j7 ,determination of premium for individuals only eligible for coverage of immunosuppressive drugs ,the ,secretary shall1 during ,september of each year 7beginning with #bjbb71 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 #ahcf7;b74 ,such premium shall be equal to #ae percent of the monthly actuarial rate for enrollees age #fe and over 7as would be determined in accordance with subsection 7a77#a7 if the reference to one-half in such subsection were a reference to #ajj percent7 for that succeeding calendar year4 ,the monthly premium of each individual enrolled for coverage of immunosuppressive drugs under section #ahcf7;b7 for each month shall be the amount promulgated in this subsection4 ,in the case of such individual not otherwise enrolled under this part1 such premium shall be in lieu of any other monthly premium applicable under this section4 ,such amount shall be adjusted in accordance with subsections 7c71 7f71 and 7i71 but shall not be adjusted under subsection 7b74 4 7#b7 ,special rule for application of hold harmless provisions to transitioning individuals ,section #ahci7;f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acier7f77 is amended by adding at the end the following new sentence3 ,any increase in the premium for an individual who was enrolled under section #ahcf7;b7 attributable to such individual otherwise enrolling under this part shall not be taken into account in applying this subsection44 7#c7 ,special rule for application of premium subsidy reduction provisions ,section #ahci7;i77#c77;,a77ii77,,ii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acier7i77#c77;,a77ii77,,ii77 is amended by inserting 7or1 with respect to an individual enrolled under section #ahcf7;b7 and not otherwise enrolled under this part1 #j times the amount of such increase7 after in the year4 7e7 ,government contribution ,section #ahdd7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew7a77 is amended-- 7#a7 in paragraph 7#c71 by striking the period at the end and inserting 2 plus2 7#b7 by inserting after paragraph 7#c7 the following new paragraph3 7#d7 a ,government contribution equal to the estimated aggregate reduction in premiums payable under part ,b that results from establishing the premium at #ae percent of the actuarial rate 7as would be determined in accordance with section #ahci7;a77#a7 if the reference to one-half in such section were a reference to #ajj percent7 under section #ahci7;j7 instead of #be percent of such rate 7as so determined7 for individuals enrolled only for the purpose of coverage of immunosuppressive drugs under section #ahcf7;b74 2 and 7#c7 by adding the following sentence at the end of the flush matter following paragraph 7#d71 as added by paragraph 7#b7 of this subsection3 ,the ,government contribution under paragraph 7#d7 shall be treated as premiums payable and deposited for purposes of subparagraphs 7,a7 and 7,b7 of paragraph 7#a74 4 7f7 ,ensuring coverage under the ,medicare savings program 7#a7 ,in general ,section #aije7p77#a77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7p77#a77;,a77 is amended by inserting or who is enrolled under part ,b for the purpose of coverage of immunosuppressive drugs under section #ahcf7;b7 after under section #ahah;,a74 7#b7 ,conforming amendments ,section #aijb7;a77#aj77;,e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77#aj77;,e77 is amended in each of clauses 7iii7 and 7iv7 by inserting 7including such individuals enrolled under section #ahcf7;b77 after section #aije7p77#a74 7g7 ,part ,d ,section #ahfj;,d-#a7;a77#c77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aja7;a77#c77;,a77 is amended by inserting 7but not including an individual enrolled solely for coverage of immunosuppressive drugs under section #ahcf7;b77 before the period at the end4 7h7 ,,gao study and report 7#a7 ,study ,the ,comptroller ,general of the ,united ,states 7in this subsection referred to as the ,comptroller ,general7 shall conduct a study on the implementation of coverage of immunosuppressive drugs for kidney transplant patients under the ,medicare program pursuant to the provisions of1 and amendments made by1 this section4 7#b7 ,report ,not later than ,january #a1 #bjbe1 the ,comptroller ,general shall submit to ,congress a report on the study conducted under paragraph 7#a71 together with recommendations as the ,comptroller ,general determines appropriate4 #djc4 ,permitting direct payment to physician assistants under ,medicare ,section #ahdb7;b77#f77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acieu7b77#f77;,c77 is amended1 in the matter preceding clause 7i71 by inserting for such services furnished before ,january #a1 #bjbb1 after #ahfa7s77#b77,k714 #djd4 ,adjusting calculation of hospice cap amount under ,medicare ,section #ahad7;i77#b77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;f7i77#b77;,b77 is amended-- 7#a7 in clause 7ii71 by striking #bjbe and inserting #bjcj2 and 7#b7 in clause 7iii71 by striking #bjbe and inserting #bjcj4 #dje4 ,special rule for determination of ,,asp in cases of certain noncovered self-administered drug products ,section #ahdg;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c;a7 is amended by redesignating subsection 7g7 as subsection 7h7 and by inserting after subsection 7f7 the following3 7g7 ,payment adjustment for certain drugs for which there is a self-administered ,,ndc 7#a7 ,,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 #ahfa7s77#b7 and which the ,inspector ,general determines 7based on the same or similar methodologies to the methodologies used in the final recommendation followup report of the ,inspector ,general described in paragraph 7#c7 or in the ,november #bjag 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 ,beneficiaries7 should be excluded from the determination of the payment amount under this section4 7#b7 ,payment adjustment ,if the ,inspector ,general identifies a ,national ,drug ,code for a drug or biological product under paragraph 7#a71 the ,inspector ,general shall inform the ,secretary 7at such times as the ,secretary may specify to carry out this paragraph7 and the ,secretary shall1 to the extent the ,secretary deems appropriate1 apply as the amount of payment under this section for the applicable billing and payment code the lesser of-- 7,a7 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 7#a7 were excluded from such determination2 or 7,b7 the amount of payment otherwise determined under this section for such billing and payment code without application of this subsection4 7#c7 ,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 #ahfa7s77#b7 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 #bjbj1 entitled ,loophole in ,drug ,payment ,rule ,continues ,to ,cost ,medicare and ,beneficiaries ,hundreds of ,millions of ,dollars1 beginning ,july #a1 #bjba1 the amount of payment under this section for the applicable billing and payment code shall be the lesser of-- 7,a7 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 determination2 or 7,b7 the amount of payment otherwise determined under this section for such billing and payment code without application of this subsection4 4 #djf4 ,medicaid ,improvement ,fund ,section #aida7;b77#c77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c #acifw-#a7;b77#c77;,a771 as amended by section #acjc of the ,further ,continuing ,appropriations ,act1 #bjba1 and ,other ,extensions ,act1 is amended by striking #c1dfd1jjj1jjj and inserting #j4 #djg4 ,establishing hospice program survey and enforcement procedures under the ,medicare program 7a7 ,survey and enforcement procedures 7#a7 ,in general ,part ,a of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;c et seq47 is amended by adding at the end the following new section3 #ahbb4 ,hospice program survey and enforcement procedures 7a7 ,surveys 7#a7 ,frequency ,any entity that is certified as a hospice program 7as defined in section #ahfa7;dd77#b77 shall be subject to a standard survey by an appropriate ,state or local survey agency1 or an approved accreditation agency1 as determined by the ,secretary1 not less frequently than once every #cf months4 7#b7 ,public transparency of survey and certification information 7,a7 ,submission of information to the ,secretary 7i7 ,in general ,each ,state or local survey agency1 and each national accreditation body with respect to which the ,secretary has made a finding under section #ahfe7;a7 respecting the accreditation of a hospice program by such body1 shall submit1 in a form and manner1 and at a time1 specified by the ,secretary for purposes of this paragraph1 information respecting any survey or certification made with respect to a hospice program by such survey agency or body1 as applicable4 ,such information shall include any inspection report made by such survey agency or body with respect to such survey or certification1 any enforcement actions taken as a result of such survey or certification1 and any other information determined appropriate by the ,secretary4 7ii7 ,required inclusion of specified form ,with respect to a survey under this subsection carried out by a national accreditation body described in clause 7i7 on or after ,october #a1 #bjba1 information described in such clause shall include ,form ,,cms-#befg 7or a successor form71 along with such additional information determined appropriate by such body4 7,b7 ,public disclosure of information ,beginning not later than ,october #a1 #bjbb1 the ,secretary shall publish the information submitted under subparagraph 7,a7 on the public website of the ,centers for ,medicare ,medicaid ,services in a manner that is prominent1 easily accessible1 readily understandable1 and searchable4 ,the ,secretary shall provide for the timely update of such information so published4 7#c7 ,consistency of surveys ,each ,state and the ,secretary shall implement programs to measure and reduce inconsistency in the application of survey results among surveyors4 7#d7 ,survey teams 7,a7 ,in general ,in the case of a survey conducted under this subsection on or after ,october #a1 #bjba1 by more than #a individual1 such survey shall be conducted by a multidisciplinary team of professionals 7including a registered professional nurse74 7,b7 ,prohibition of conflicts of interest ,beginning ,october #a1 #bjba1 a ,state may not use as a member of a survey team under this subsection an individual who is serving 7or has served within the previous #b years7 as a member of the staff of1 or as a consultant to1 the program surveyed respecting compliance with the requirements of section #ahfa7;dd7 or who has a personal or familial financial interest in the program being surveyed4 7,c7 ,training ,the ,secretary shall provide1 not later than ,october #a1 #bjba1 for the comprehensive training of ,state and ,federal surveyors1 and any surveyor employed by a national accreditation body described in paragraph 7#b77;,a77i71 in the conduct of surveys under this subsection1 including training with respect to the review of written plans for providing hospice care 7as described in section #ahad7;a77#g77;,b774 ,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 ,secretary4 7#e7 ,funding ,the ,secretary shall provide for the transfer1 from the ,federal ,hospital ,insurance ,trust ,fund under section #ahag to the ,centers for ,medicare ,medicaid ,services ,program ,management ,account1 of #aj1jjj1jjj for each fiscal year 7beginning with fiscal year #bjbb7 for purposes of carrying out this subsection and subsection 7b74 ,sums so transferred shall remain available until expended4 ,any transfer pursuant to this paragraph shall be in addition to any transfer pursuant to section #c7;a77#b7 of the ,improving ,medicare ,post-,acute ,care ,transformation ,act of #bjad4 7b7 ,special focus program 7#a7 ,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 ,act4 7#b7 ,periodic surveys ,under such special focus program1 the ,secretary shall conduct surveys of each hospice program in the special focus program not less than once every #f months4 7c7 ,enforcement 7#a7 ,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 #ahfa7;dd7 and determines that the deficiencies involved immediately jeopardize the health and safety of the individuals to whom the program furnishes items and services1 the ,secretary shall take immediate action to ensure the removal of the jeopardy and correction of the deficiencies or terminate the certification of the program1 and may provide1 in addition1 for #a or more of the other remedies described in paragraph 7#e77;,b74 7#b7 ,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 #ahfa7;dd7 and determines that the deficiencies involved do not immediately jeopardize the health and safety of the individuals to whom the program furnishes items and services1 the ,secretary may 7for a period not to exceed #f months7 impose remedies developed pursuant to paragraph 7#e77;,a71 in lieu of terminating the certification of the program4 ,if1 after such a period of remedies1 the program is still no longer in compliance with such requirements1 the ,secretary shall terminate the certification of the program4 7#c7 ,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 #ahfa7;dd7 but1 as of a previous period1 did not meet such requirements1 the ,secretary may provide for a civil money penalty under paragraph 7#e77;,b77i7 for the days in which the ,secretary finds that the program was not in compliance with such requirements4 7#d7 ,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 #ahfa7;dd7 over a period of not longer than #f months1 if-- 7,a7 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 program2 7,b7 the program has submitted a plan and timetable for corrective action to the ,secretary for approval and the ,secretary approves the plan of corrective action2 and 7,c7 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 timetable4 ,the ,secretary shall establish guidelines for approval of corrective actions requested by hospice programs under this paragraph4 7#e7 ,remedies 7,a7 ,development 7i7 ,in general ,not later than ,october #a1 #bjbb1 the ,secretary shall develop and implement-- 7,i7 a range of remedies to apply to hospice programs under the conditions described in paragraphs 7#a7 through 7#d72 and 7,,ii7 appropriate procedures for appealing determinations relating to the imposition of such remedies4 ,remedies developed pursuant to the preceding sentence shall include the remedies specified in subparagraph 7,b74 7ii7 ,conditions of imposition of remedies ,not later than ,october #a1 #bjbb1 the ,secretary shall develop and implement specific procedures with respect to the conditions under which each of the remedies developed under clause 7i7 is to be applied1 including the amount of any fines and the severity of each of these remedies4 ,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 deficiencies4 7,b7 ,specified remedies ,the remedies specified in this subparagraph are the following3 7i7 ,civil money penalties in an amount not to exceed #aj1jjj for each day of noncompliance by a hospice program with the requirements specified in section #ahfa7;dd74 7ii7 ,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 should be imposed pursuant to paragraphs 7#a7 and 7#b74 7iii7 ,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 requirements4 7,c7 ,procedures 7i7 ,civil money penalties 7,i7 ,in general ,subject to subclause 7,,ii71 the provisions of section #aabh;,a 7other than subsections 7a7 and 7b77 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 #aabh;,a7a74 7,,ii7 ,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 care1 including education and training programs to ensure hospice program compliance with the requirements of section #ahfa7;dd74 7ii7 ,suspension of payment ,a finding to suspend payment under subparagraph 7,b77ii7 shall terminate when the ,secretary finds that the program is in substantial compliance with all requirements of section #ahfa7;dd74 7iii7 ,temporary management ,the temporary management under subparagraph 7,b77iii7 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 subparagraph4 7,d7 ,relationship to other remedies ,the remedies developed under subparagraph 7,a7 are in addition to sanctions otherwise available under ,state or ,federal law and shall not be construed as limiting other remedies1 including any remedy available to an individual at common law4 4 7#b7 ,availability of hospice accreditation surveys ,section #ahfe7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;bb7b77 is amended by inserting or1 beginning on the date of the enactment of the ,consolidated ,appropriations ,act1 #bjba1 a hospice program after home health agency4 7#c7 ,state provision of hospice program information 7,a7 ,in general ,section #ahfd7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;aa7a77 is amended in the sixth sentence-- 7i7 by inserting and hospice programs after information on home health agencies2 7ii7 by inserting or the hospice program after the home health agency2 7iii7 by inserting or the hospice program after with respect to the agency2 and 7iv7 by inserting and hospice programs after with respect to home health agencies4 7,b7 ,effective date ,the amendments made by subparagraph 7,a7 shall apply with respect to agreements entered into on or after1 or in effect as of1 the date that is #a year after the date of the enactment of this ,act4 7#d7 ,conforming amendments 7,a7 ,definition of a hospice program ,section #ahfa7;dd77#d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7dd77#d77 is amended by striking subparagraph 7,c74 7,b7 ,continuation of funding ,section #c7;a77#b7 of the ,improving ,medicare ,post-,acute ,care ,transformation ,act of #bjad is amended by inserting and section #ahbb7;a77#a7 of such ,act1 after as added by paragraph 7#a714 7b7 ,increasing payment reductions for failure to meet quality data reporting requirements ,section #ahad7;i77#e77;,a77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;f7i77#e77;,a77i77 is amended by inserting 7or1 for fiscal year #bjbd and each subsequent fiscal year1 #d percentage points7 before the period4 7c7 ,report ,not later than #cf months after the date of the enactment of this ,act1 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 7a71 including the frequency of application of remedies specified in section #ahbb7;c77#e77;,b7 of the ,social ,security ,act 7as added by such subsection71 on access to1 and quality of1 care furnished by hospice programs under part ,a of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;c et seq474 #djh4 ,medicare ,improvement ,fund ,section #ahih7;b77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;iii7b77#a77 is amended by striking #j and inserting #afe1jjj1jjj4 ,v ,miscellaneous #eja4 ,implementation funding ,for purposes of carrying out the provisions of1 and the amendments made by1 titles ,i1 ,,ii1 and ,,iv1 in addition to any funds otherwise made available1 there are appropriated from amounts in the ,treasury not otherwise appropriated1 #cg1jjj1jjj to the ,centers for ,medicare ,medicaid ,services ,program ,management ,account for fiscal year #bjba1 to remain available until expended4 ,,dd ,montana water rights protection act #a4 ,short title ,this division may be cited as the ,montana ,water ,rights ,protection ,act4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to achieve a fair1 equitable1 and final settlement of claims to water rights in the ,state of ,montana1 and in recognition of article ,i1 and section #c of article ,,ix1 of the ,montana ,state ,constitution for-- 7,a7 the ,confederated ,salish and ,kootenai ,tribes of the ,flathead ,indian ,reservation2 and 7,b7 the ,united ,states1 for the benefit of the ,tribes and allottees2 7#b7 to authorize1 ratify1 and confirm the water rights compact entered into by the ,tribes and the ,state1 to the extent that the ,compact is consistent with this ,act2 7#c7 to authorize and direct the ,secretary of the ,interior-- 7,a7 to execute the ,compact2 and 7,b7 to take any other action necessary to carry out the ,compact in accordance with this ,act2 and 7#d7 to authorize funds necessary for the implementation of-- 7,a7 the ,compact2 and 7,b7 this ,act4 #c4 ,definitions 7a7 ,in general ,in this ,act3 7#a7 ,allottee ,the term allottee means an individual who holds a beneficial real property interest in an allotment of ,indian land that is-- 7,a7 located within the ,reservation2 and 7,b7 held in trust by the ,united ,states4 7#b7 ,bison ,the term bison means ,north ,american plains bison4 7#c7 ,compact ,the term ,compact means-- 7,a7 the water rights compact entered into and ratified1 as applicable1 by the ,confederated ,salish and ,kootenai ,tribes1 the ,state1 and the ,united ,states1 as contained in section #he-bj-aija of the ,montana ,code ,annotated 7#bjai71 including-- 7i7 any appendix or exhibit to that compact2 and 7ii7 any modifications authorized by that compact2 and 7,b7 any amendment to the compact referred to in subparagraph 7,a7 7including an amendment to an appendix or exhibit7 that is-- 7i7 executed to ensure that the ,compact is consistent with this ,act2 or 7ii7 otherwise authorized by the ,compact and this ,act4 7#d7 ,enforceability date ,the term enforceability date means the date described in section #aj7;b74 7#e7 ,flathead ,indian irrigation project 7,a7 ,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-- 7i7 the ,act of ,april #bc1 #aijd 7#cc ,stat4 #cjb1 chapter #adie72 and 7ii7 the ,act of ,may #bi1 #aijh 7#ce ,stat4 #ddd1 chapter #baf74 7,b7 ,inclusions ,the term ,flathead ,indian irrigation project includes-- 7i7 all land and any reservoir1 easement1 right-of-way1 canal1 ditch1 lateral1 or any other facility of the project referred to in subparagraph 7,a7 7regardless of location on or off the ,reservation72 and 7ii7 any headgate1 pipeline1 pump1 building1 heavy equipment1 vehicle1 supplies1 record1 copy of a record1 or any other physical1 tangible object of real or personal property used in the management and operation of the project referred to in subparagraph 7,a74 7#f7 ,hungry ,horse ,dam ,the term ,hungry ,horse ,dam means the dam that is a part of the ,hungry ,horse ,project4 7#g7 ,hungry ,horse ,project ,the term ,hungry ,horse ,project means the project authorized to be carried out by the ,secretary under the ,act of ,june #e1 #aidd 7#dc ,u4,s4,c4 #eic;a et seq474 7#h7 ,hungry ,horse ,reservoir ,the term ,hungry ,horse ,reservoir means the reservoir that is a part of the ,hungry ,horse ,project4 7#i7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#aj7 ,law of ,administration ,the term ,law of ,administration means the ,unitary ,administration and ,management ,ordinance1 as set forth in ,appendix #d to the ,compact4 7#aa7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#ab7 ,state 7,a7 ,in general ,the term ,state means the ,state of ,montana4 7,b7 ,inclusions ,the term ,state includes all officers1 agencies1 departments1 and political subdivisions of the ,state4 7#ac7 ,tribal ,water ,right ,the term ,tribal ,water ,right means the water right of the ,tribes1 as established in-- 7,a7 the ,compact2 and 7,b7 this ,act4 7#ad7 ,tribes 7,a7 ,in general ,the term ,tribes means the ,confederated ,salish and ,kootenai ,tribes of the ,flathead ,reservation of ,montana4 7,b7 ,inclusions ,the term ,tribes includes all officers1 agencies1 and departments of the ,tribes4 7#ae7 ,trust ,fund ,the term ,trust ,fund means the ,sli-,qlisp ,ksanka ,settlement ,trust ,fund established under section #h7;a74 7b7 ,definitions of certain terms ,any term used but not defined in this ,act1 including the terms ,existing ,use1 ,historic ,farm ,deliveries1 ,instream ,flow1 ,minimum ,reservoir ,pool ,elevations1 and ,reservation1 shall have the meaning given the term in article ,,ii of the ,compact4 #d4 ,ratification of ,compact 7a7 ,ratification 7#a7 ,in general ,as modified by this ,act1 the ,compact is authorized1 ratified1 and confirmed4 7#b7 ,amendments ,any amendment to the ,compact is authorized1 ratified1 and confirmed1 to the extent that such an amendment-- 7,a7 is executed to ensure that the ,compact is consistent with this ,act2 or 7,b7 7i7 is approved by the ,secretary2 7ii7 concerns nonmonetary matters2 and 7iii7 does not affect the water rights of the ,tribes determined in the ,compact1 or any other property held in trust by the ,united ,states on behalf of the ,tribes or allottees4 7#c7 ,modifications ,nothing in this ,act-- 7,a7 precludes the ,secretary from approving a modification to the ,compact1 including an appendix or exhibit to the ,compact1 that is consistent with this ,act2 or 7,b7 authorizes amendments or modifications that otherwise require congressional approval under-- 7i7 section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg72 or 7ii7 any other applicable ,federal law4 7b7 ,execution ,to the extent that the ,compact does not conflict with this ,act1 the ,secretary shall execute the ,compact1 including all exhibits to1 appendices to1 and parts of the ,compact requiring the signature of the ,secretary4 7c7 ,environmental compliance 7#a7 ,in general ,in implementing the ,compact and this ,act1 the ,secretary and the ,tribes shall ensure compliance with-- 7,a7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,b7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,c7 all other applicable environmental laws 7including regulations74 7#b7 ,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 activity4 7#c7 ,effect of execution 7,a7 ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,compliance ,the ,secretary shall ensure compliance with all ,federal laws and regulations necessary to implement the ,compact and this ,act4 7d7 ,public availability ,as provided in articles ,,iv4,i4b 7relating to hearings71 ,,iv4,i4c 7relating to the employment of a water engineer71 and ,,iv4,i4#g4;e 7relating to ,board records7 of the ,compact1 and in recognition of section #i of article ,,ii of the ,montana ,state ,constitution1 all records of the ,flathead ,reservation ,water ,management ,board and the ,water ,engineer employed by the ,board shall be open to public inspection4 #e4 ,tribal water right 7a7 ,intent of ,congress ,it is the intent of ,congress to provide to each allottee benefits that are equivalent to1 or that exceed1 the benefits possessed by allottees on the day before the date of enactment of this ,act1 taking into consideration-- 7#a7 the potential risks1 cost1 and time delay associated with litigation that would be resolved by the ,compact and this ,act2 7#b7 the availability of funding under this ,act and from other sources2 7#c7 the availability of water from the ,tribal ,water ,right2 and 7#d7 the applicability of section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 and this ,act to protect the interests of allottees4 7b7 ,confirmation of ,tribal ,water ,right 7#a7 ,in general ,the ,tribal ,water ,right is ratified1 confirmed1 and declared to be valid4 7#b7 ,use ,any use of the ,tribal ,water ,right shall be subject to the terms and conditions of-- 7,a7 the ,compact2 and 7,b7 this ,act4 7#c7 ,conflict ,in the event of a conflict between the ,compact and this ,act1 the provisions of this ,act shall control4 7c7 ,trust status of ,tribal ,water ,right ,the ,tribal ,water ,right-- 7#a7 shall be held in trust by the ,united ,states for the use and benefit of the ,tribes and allottees in accordance with this ,act2 and 7#b7 shall not be subject to forfeiture or abandonment4 7d7 ,allottees 7#a7 ,applicability of ,act of ,february #h1 #ahhg ,the provisions of section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 relating to the use of water for irrigation purposes shall apply to the ,tribal ,water ,right4 7#b7 ,entitlements to water 7,a7 ,in general ,any entitlement to water of an allottee under ,federal law shall be satisfied from the ,tribal ,water ,right4 7,b7 ,water for irrigation ,each allottee shall be entitled to a just and equitable allocation of water for irrigation purposes1 to be enforceable under paragraph 7#c77;,b74 7#c7 ,claims 7,a7 ,exhaustion of remedies ,before asserting any claim against the ,united ,states under section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 or any other applicable law1 an allottee shall exhaust remedies available under-- 7i7 the ,law of ,administration2 or 7ii7 other applicable ,tribal law4 7,b7 ,water for irrigation ,after the exhaustion of all remedies available under the ,law of ,administration or other applicable ,tribal law1 an allottee may seek relief under section #g of the ,act of ,february #h1 #ahhg 7#be ,u4,s4,c4 #cha71 or other applicable law1 to seek a just and equitable allocation of water for irrigation purposes under paragraph 7#b77;,b74 7#d7 ,authority of ,secretary ,the ,secretary shall have the authority to protect the rights of allottees in accordance with this section4 7e7 ,authority of ,tribes 7#a7 ,in general ,the ,tribes shall have the authority to allocate1 distribute1 and lease the ,tribal ,water ,right for any use on the ,reservation in accordance with-- 7,a7 the ,compact2 7,b7 the ,law of ,administration2 7,c7 this ,act2 and 7,d7 applicable ,federal law4 7#b7 ,off-,reservation use ,the ,tribes may allocate1 distribute1 and lease the ,tribal ,water ,right for off-,reservation use in the ,state in accordance with the ,compact1 subject to the approval of the ,secretary4 7#c7 ,land leases by allottees ,notwithstanding paragraph 7#a71 an allottee may lease any interest in land held by the allottee1 together with any water right determined to be appurtenant to the interest in land1 in accordance with the ,law of ,administration4 7f7 ,law of administration 7#a7 ,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 ,reservation1 the ,secretary shall administer1 with respect to the rights of allottees1 the ,tribal ,water ,right in accordance with this ,act4 7#b7 ,approval 7,a7 ,in general ,the ,law of ,administration is approved4 7,b7 ,registrations ,as provided in sections #c and #d of article ,,ix of the ,montana ,state ,constitution and section #a-a-ajh of the ,law of ,administration1 all water rights and changes of use authorized under the ,law of ,administration1 including all registrations required by sections #b-a-aja through #b-a-ajg1 shall be provided to the department of natural resources and conservation of the ,state1 to be entered into the water rights database of the department4 7#c7 ,amendments 7,a7 ,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 subsection4 7,b7 ,approval period 7i7 ,in general ,subject to clause 7ii71 the ,secretary shall approve or disapprove an amendment to the ,law of ,administration not later than #ahj days after the date of ratification of the amendment by the ,tribes and the ,state4 7ii7 ,extension ,the deadline described in clause 7i7 may be extended by the ,secretary after consultation with the ,tribes4 7#d7 ,conflict ,in the event of a conflict between the ,law of ,administration and this ,act1 the provisions of this ,act shall control4 7g7 ,administration 7#a7 ,alienation ,the ,tribes shall not permanently alienate any portion of the ,tribal ,water ,right4 7#b7 ,purchases or grants of land from ,indians ,an authorization provided by this ,act for an allocation1 distribution1 lease1 or any other arrangement shall be considered to satisfy any requirement for authorization of the action by treaty or convention under section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg74 7#c7 ,prohibition on forfeiture ,the nonuse of all1 or any portion of1 the ,tribal ,water ,right by a lessee or contractor shall not result in the forfeiture1 abandonment1 relinquishment1 or other loss of all1 or any portion of1 the ,tribal ,water ,right4 7h7 ,effect ,except as otherwise expressly provided in this section1 nothing in this ,act-- 7#a7 authorizes any action by an allottee against any individual or entity1 or against the ,tribes1 under ,federal1 ,state1 ,tribal1 or local law2 or 7#b7 alters or affects the status of any action brought pursuant to section #adia7;a7 of title #bh1 ,united ,states ,code4 #f4 ,storage allocation from ,hungry ,horse ,reservoir 7a7 ,storage allocation to ,tribes 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall allocate to the ,tribes #ij1jjj acre-feet per year1 as measured at the ,hungry ,horse ,dam1 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 ,reclamation4 7#b7 ,limitations ,the allocation under paragraph 7#a7 shall be subject to-- 7,a7 ,appendix #g to the ,compact1 entitled ,flathead ,basin ,tribal ,depletions ,study1 prepared by the ,bureau of ,reclamation1 and dated ,september #bjab2 and 7,b7 ,appendix #h to the ,compact1 entitled ,hungry ,horse ,reservoir1 ,montana3 ,biological ,impact ,evaluation and ,operational ,constraints for a proposed #ij1jjj-;acre-foot withdrawal1 prepared by the ,state1 as revised on ,september #ad1 #bjaa4 7b7 ,treatment 7#a7 ,in general ,the allocation under subsection 7a7 shall be considered to be part of the ,tribal ,water ,right4 7#b7 ,administration ,the ,tribes shall administer the water allocated under subsection 7a7 in accordance with1 and subject to the limitations of1 the ,compact and this ,act4 7c7 ,allocation agreement 7#a7 ,in general ,as a condition of receiving the allocation under subsection 7a71 the ,tribes shall enter into an agreement with the ,secretary to establish the terms and conditions of the allocation1 in accordance with the ,compact and this ,act4 7#b7 ,inclusions ,the agreement under paragraph 7#a7 shall include provisions establishing that-- 7,a7 the agreement shall be without a limit as to a term2 7,b7 the ,tribes1 and not the ,united ,states1 shall be entitled to all consideration due to the ,tribes under any lease1 contract1 or agreement entered into by the ,tribes pursuant to subsection 7d72 7,c7 the ,united ,states shall have no obligation to monitor1 administer1 or account for-- 7i7 any funds received by the ,tribes as consideration under any lease1 contract1 or agreement entered into by the ,tribes pursuant to subsection 7d72 or 7ii7 the expenditure of those funds2 7,d7 if the capacity or function of any facility of ,hungry ,horse ,reservoir or ,hungry ,horse ,dam is significantly reduced1 or is anticipated to be significantly reduced1 for an extended period of time1 the ,tribes shall have the same storage rights as other storage contractors with respect to the allocation under subsection 7a72 7,e7 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 nonreimbursable2 7,f7 no water service capital charge shall be due or payable for the agreement or any water allocated under subsection 7a71 regardless of whether that water is delivered for use by the ,tribes or under a lease1 contract1 or by an agreement entered into by the ,tribes pursuant to subsection 7d72 7,g7 the ,tribes shall not be required to make payments to the ,united ,states for the agreement or any water allocated under subsection 7a71 except for each acre-foot of stored water leased or transferred for industrial purposes2 7,h7 for each acre-foot of stored water leased by the ,tribes for industrial purposes-- 7i7 the ,tribes shall pay annually to the ,united ,states an amount sufficient to cover the proportionate share of the annual operation1 maintenance1 and replacement costs for the ,hungry ,horse ,project allocable to that quantity of water2 and 7ii7 the annual payments of the ,tribes shall be reviewed and adjusted1 as appropriate1 to reflect the actual operation1 maintenance1 and replacement costs for the ,hungry ,horse ,project2 and 7,i7 the costs described in subparagraphs 7,g7 and 7,h7 shall not apply to any lease or transfer for industrial purposes to-- 7i7 any entity of the ,tribes2 or 7ii7 any entity wholly owned by the ,tribes4 7d7 ,agreements by ,tribes ,the ,tribes may use1 lease1 contract1 exchange1 or enter into other agreements for use of the water allocated under subsection 7a7 if-- 7#a7 the water that is the subject of the agreement is used within the ,flathead ,basin or the ,clark ,fork ,basin within the ,state2 and 7#b7 the agreement does not permanently alienate any portion of water allocated under subsection 7a74 7e7 ,mitigation water ,notwithstanding section #e7;e77#b71 the ,tribes shall make available for lease not more than #aa1jjj acre-feet per year of the water allocated under subsection 7a71 in accordance with the ,compact4 7f7 ,no carryover storage ,the allocation under subsection 7a7 shall not be increased by any year-to-year carryover storage4 7g7 ,development and delivery costs ,the ,united ,states shall not be required to pay the cost of developing or delivering any water allocated under subsection 7a74 7h7 ,new uses ,except as provided in article ,,iii4,c4#a4;c of the ,compact1 the ,tribes shall not develop any new use for the allocation under subsection 7a7 until the date on which the agreement entered into under subsection 7c7 takes effect4 7i7 ,effective date ,the allocation under subsection 7a7 takes effect on the enforceability date4 #g4 ,irrigation project-related ,compact implementation 7a7 ,purposes ,the purposes of this section are-- 7#a7 to implement key provisions of the ,compact regarding the ,tribal ,water ,right by authorizing and carrying out the activities described in subsection 7b7 relative to components of the ,flathead ,indian irrigation project1 in order-- 7,a7 to conserve water resources1 enhance fish and wildlife habitat1 especially habitat of threatened and endangered species1 and improve the movement of fish through and around ,flathead ,indian irrigation project facilities2 7,b7 to ensure that the necessary water supplies are provided to protect ,instream ,flow1 ,existing ,uses1 and ,historic ,farm ,deliveries2 7,c7 to provide for the safe and efficient storage1 delivery1 and routing of water2 and 7,d7 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 ,elevations2 7#b7 to require that1 in carrying out the activities under subsection 7b71 the ,secretary and the ,tribes-- 7,a7 are guided by existing studies commissioned by the ,secretary and the ,tribes that identify current facility conditions and describe future modernization recommendations2 7,b7 recognize the need to maintain flexibility and modify the guidance provided by the studies described in subparagraph 7,a71 as appropriate and consistent with the processes established and entities designated in the ,compact2 and 7,c7 carry out all such activities that can be accomplished in a cost-effective manner and that are consistent with the ,compact2 and 7#c7 to ensure the prudent and knowledgeable conservation1 management1 and protection of the water resources of the ,reservation through the activities described in subsection 7b71 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 #af1 #ahee 7#ab ,stat4 #ige74 7b7 ,activities ,subject to the availability of appropriations1 the ,secretary1 or on the request of the ,tribes1 the ,tribes on behalf of the ,secretary under title ,,iv of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecfa et seq471 shall in accordance with subsection 7c7 carry out the following activities relating to the ,flathead ,indian irrigation project3 7#a7 ,rehabilitation and modernization 7,a7 ,rehabilitation and modernization of structures1 canals1 and pumping facilities1 including dam safety improvements1 irrigation facility upgrades that improve water management and operational control at irrigation diversion works1 and irrigation facility upgrades to reduce losses in conveyance of water from irrigation sources of supply to irrigation points of use1 in accordance with the ,compact4 7,b7 ,planning1 design1 and construction of additional pumping facilities4 7,c7 ,operational improvements to infrastructure within the distribution network of the ,flathead ,indian irrigation project4 7,d7 ,reconstruction1 replacement1 and automation at irrigation diversion works4 7,e7 ,lining of open canals1 and placement of open canals in pipe4 7,f7 ,fencing and physical project access enhancements4 7#b7 ,mitigation1 reclamation1 and restoration 7,a7 ,mitigation1 reclamation1 and restoration of streams1 wetlands1 banks1 slopes1 and wasteways within1 appurtenant to1 or affected by the ,flathead ,indian irrigation project4 7,b7 ,the installation of screens1 barriers1 passages1 or ladders to prevent fish entrainment in irrigation ditches and canals within1 or appurtenant to1 the ,flathead ,indian irrigation project4 7#c7 ,acquisition of interests ,acquisition of easements or other interests in real property necessary to carry out any activity under this section4 7c7 ,environmental compliance 7#a7 ,in general ,prior to the commencement of any activity under subsection 7b71 the ,secretary1 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 7#be ,u4,s4,c4 #ecfa et seq471 shall perform appropriate environmental1 cultural1 and historical compliance activities relating to the activity1 including to ensure compliance with-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code 7formerly known as the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq4774 7#b7 ,costs ,all costs associated with the performance of compliance activities under paragraph 7#a7 shall be paid with funds deposited in the ,trust ,fund1 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 ,secretary4 7d7 ,funding 7#a7 ,indian ,self-,determination and ,education ,assistance ,act compacting 7,a7 ,funding authority and agreements ,notwithstanding any other provision of law1 if the ,tribes elect to perform all activities described in subsection 7b7 on behalf of the ,secretary1 the ,secretary shall enter into a self-governance agreement with the ,tribes under title ,,iv of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecfa et seq47 covering all such activities4 7,b7 ,funding agreements ,the ,secretary shall use funds only from the ,salish and ,kootenai ,compact ,account established under section #h7;b77#a7 for any funding agreement1 including any related contract support costs1 under which the ,tribes carry out activities described in subsection 7b74 7,c7 ,timing for election ,not later than #abj days after the date on which funds are first appropriated for deposit in the ,trust ,fund1 or not later than such alternative later date as is agreed to by the ,tribes and the ,secretary1 the ,tribes may elect to perform all activities described in subsection 7b7 on behalf of the ,secretary4 7,d7 ,applicability of ,,isdeaa ,any funds transferred for use in a funding agreement under this paragraph shall be subject to-- 7i7 title ,,iv of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecfa et seq472 and 7ii7 the self-governance agreement and funding agreement entered into between the ,tribes and the ,secretary4 7,e7 ,relation to ,compact ,the ,tribes and the ,federal ,government-- 7i7 shall carry out the activities described in subsection 7b7 in a manner that is consistent with1 and fulfills1 the respective obligations of the ,tribes and the ,federal ,government under the ,compact2 and 7ii7 may not carry out any action pursuant to the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq47 that is inconsistent with the rights and responsibilities under the ,compact4 7,f7 ,applicability of certain ,,isdeaa provisions ,for purposes of this ,act-- 7i7 the annual trust evaluation required under section #djc7;d7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecfc7;d77 shall monitor the performance1 and progress toward completion1 of activities under subsection 7b7 that the ,tribes are carrying out2 7ii7 the activities described in subsection 7b7 shall be considered to be construction programs or projects under section #djc7;e7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecfc7;e772 and 7iii7 reporting requirements regarding planning1 design1 and the use and expenditure of funds shall be negotiated and included within a funding agreement4 7#b7 ,secretarial performance of activities ,if the ,tribes do not elect to carry out the activities described in subsection 7b7 by the deadline established under paragraph 7#a77;,c71 the ,secretary shall carry out the activities using amounts made available under section #h7;c77#c74 7#c7 ,nonreimbursability of costs ,all costs incurred in carrying out this section shall be nonreimbursable4 7#d7 ,administration 7,a7 ,in general ,subject to subparagraph 7,b71 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 7#a77;,a74 7,b7 ,requirement ,all costs associated with an oversight activity-- 7i7 shall be paid with funds deposited in the ,salish and ,kootenai ,compact ,account established under section #h7;b77#a72 and 7ii7 notwithstanding subsection 7c71 may include costs associated with review or approval of environmental compliance work and related ,federal functions4 7,c7 ,limitation on cost ,the total cost described in subparagraph 7,a7 shall not exceed #c percent of the total project costs for each project4 7e7 ,treatment ,any activities carried out pursuant to subsection 7b7 that result in improvements1 additions1 or modifications to the ,flathead ,indian irrigation project1 including the acquisition of any real property interest1 shall-- 7#a7 become a part of the ,flathead ,indian irrigation project2 and 7#b7 be recorded in the inventory of the ,secretary relating to the ,flathead ,indian irrigation project4 7f7 ,easements and rights-of-way 7#a7 ,tribal easements and rights-of-way 7,a7 ,in general ,on request of the ,secretary1 the ,tribes shall grant1 at no cost to the ,united ,states1 such easements and rights-of-way over ,tribal land as are necessary for construction relating to an activity under this section4 7,b7 ,jurisdiction ,an easement or right-of-way granted by the ,tribes pursuant to subparagraph 7,a7 shall not affect in any respect the civil or criminal jurisdiction of the ,tribes over the easement or right-of-way4 7#b7 ,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 section1 and as a condition of receiving service from the ,flathead ,indian irrigation project1 a willing landowner shall confirm or grant1 at no cost to the ,united ,states or the ,tribes1 such easements and rights-of-way over the land of the landowner as may be necessary for-- 7,a7 an activity authorized by this section2 or 7,b7 access to and operation and maintenance of-- 7i7 the ,flathead ,indian irrigation project2 or 7ii7 the ,mission ,valley ,power ,project4 7#c7 ,condemnation not authorized ,nothing in this section authorizes the ,secretary to condemn interests in land for the ,flathead ,indian irrigation project4 7g7 ,land acquired by ,united ,states or ,tribes ,any land acquired within the boundaries of the ,reservation by the ,united ,states on behalf of the ,tribes1 or by the ,tribes on behalf of the ,tribes and conveyed to the ,united ,states1 in connection with the purposes of this section shall be held in trust by the ,united ,states for the benefit of the ,tribes4 7h7 ,effect ,nothing in this section-- 7#a7 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 project2 or 7#b7 impacts the availability of amounts under section #i4 7i7 ,water source for ,flathead ,indian irrigation project 7#a7 ,in general ,the water source for the ,flathead ,indian irrigation project-- 7,a7 shall be determined in accordance with article ,,ii7#cb7 of the ,compact2 and 7,b7 shall consist of-- 7i7 the water right set forth in article ,,iii4,c4#a4;a of the ,compact2 and 7ii7 any use of water for irrigation and incidental purposes pursuant to an applicable water service contract4 7#b7 ,entitlement to delivery of water ,entitlement to delivery of available irrigation water for assessed parcels shall be determined in accordance with article ,,iv4,d4#b of the ,compact4 #h4 ,sli-,qlisp ,ksanka ,settlement ,trust ,fund 7a7 ,establishment ,the ,secretary shall establish in the ,treasury of the ,united ,states a trust fund1 to be known as the ,sli-,qlisp ,ksanka ,settlement ,trust ,fund1 to be allocated1 maintained1 managed1 invested1 and distributed by the ,secretary1 and to remain available until expended1 consisting of the amounts deposited in the ,trust ,fund under section #i7;a71 together with any interest earned on those amounts1 for the purpose of carrying out this ,act4 7b7 ,accounts ,the ,secretary shall establish in the ,trust ,fund the following accounts3 7#a7 ,the ,salish and ,kootenai ,compact ,account1 for the uses described in paragraphs 7#a7 and 7#b7 of subsection 7h74 7#b7 ,the ,salish and ,kootenai ,settlement ,implementation ,account1 for any use described in subsection 7h74 7c7 ,deposits 7#a7 ,in general ,the ,secretary shall deposit in the ,trust ,fund the amounts made available pursuant to section #i7;a77#a74 7#b7 ,allocation into accounts 7,a7 ,in general ,subject to subparagraph 7,b71 each year1 the ,secretary shall allocate from the ,trust ,fund amounts into each of the accounts described in paragraphs 7#a7 and 7#b7 of subsection 7b7 in such proportions as the ,secretary and the ,tribes may agree4 7,b7 ,requirement ,in any year1 if the ,tribes and the ,secretary are unable to agree on the amounts to be allocated under subparagraph 7,a7 for that year1 the ,secretary shall deposit equal sums in each account4 7#c7 ,transfer ,if the ,tribes do not elect to carry out the activities described in subsection 7b7 of section #g by the deadline described in subsection 7d77#a77;,c7 of that section1 the ,secretary1 on an annual basis1 shall transfer funds from the account established under subsection 7b77#a7 to an appropriate programmatic account solely for the purpose of carrying out those activities and the activities described in section #g7;c74 7d7 ,management and interest 7#a7 ,management ,on receipt and deposit of the funds into the ,trust ,fund1 the ,secretary shall manage1 invest1 and distribute the amounts in accordance with the investment authority of the ,secretary under-- 7,a7 the first section of the ,act of ,june #bd1 #aich 7#be ,u4,s4,c4 #afb;a72 7,b7 the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq472 and 7,c7 this section4 7#b7 ,investment earnings ,in addition to the deposits under section #i7;a71 any investment earnings1 including interest1 credited to the amounts in the ,trust ,fund shall be available for use in accordance with subsection 7h74 7e7 ,availability of amounts 7#a7 ,in general ,amounts deposited in the ,trust ,fund 7including any investment earnings7 shall be made available to the ,tribes by the ,secretary beginning on the enforceability date1 subject to the requirements of this ,act4 7#b7 ,use ,notwithstanding paragraph 7#a71 any amounts-- 7,a7 deposited in the account described in subsection 7b77#a7 or transferred to another account under subsection 7c77#c71 shall be available to the ,tribes or the ,secretary1 as applicable1 on the date on which the amounts are deposited or transferred1 for the uses described in subsection 7h77#a71 in accordance with ,appendix #c4f to the ,compact2 and 7,b7 deposited in the account described in subsection 7b77#a7 shall be available to the ,tribes on the date on which the amounts are deposited for the uses described in subsection 7h77#b74 7f7 ,withdrawals under ,,aitfmra 7#a7 ,in general ,the ,tribes may withdraw any portion of the amounts in the account described in subsection 7b77#b7 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 #aiid 7#be ,u4,s4,c4 #djja et seq474 7#b7 ,inapplicability of ,,aitfmra ,a withdrawal from the account described in subsection 7b77#a7-- 7,a7 shall be made only in accordance with subsection 7e7 and section #g2 and 7,b7 notwithstanding any other provision of law1 shall not be subject to the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq474 7#c7 ,requirements 7,a7 ,in general ,in addition to the requirements under the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq471 the ,tribal management plan under paragraph 7#a7 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 ,act4 7,b7 ,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 from the ,trust ,fund pursuant to this subsection are used in accordance with this ,act4 7g7 ,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 plan1 except under subchapter ,,ii of chapter #e1 and chapter #g of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7h7 ,uses ,the ,tribes may use amounts in the ,trust ,fund to implement the ,compact1 the ,law of ,administration1 and this ,act for the following purposes3 7#a7 ,to carry out activities described in subsections 7b7 and 7c7 of section #g4 7#b7 ,the administration1 implementation1 and management of the ,tribal ,water ,right and the regulation and administration of water rights within the ,reservation under this ,act1 the ,compact1 and the ,law of ,administration1 and such infrastructure as is necessary to meet related programmatic needs4 7#c7 ,to implement the ,tribal ,water ,right through rehabilitation and improvement of agricultural ,indian land within the ,reservation4 7#d7 ,to construct and rehabilitate livestock fencing on ,indian land within the ,reservation4 7#e7 ,to mitigate and control noxious weeds on land within the ,reservation4 7#f7 ,to plan1 design1 and construct improvements to irrigation systems on land served by the ,flathead ,indian irrigation project4 7#g7 ,to install screens1 barriers1 passages1 or ladders to prevent fish entrainment in irrigation ditches and canals within the ,reservation4 7#h7 ,to plan1 design1 and construct irrigation facilities on ,indian land within the ,reservation that is not served by the ,flathead ,indian irrigation project4 7#i7 ,to plan1 design1 construct1 operate1 maintain1 and replace community water distribution and wastewater treatment facilities on the ,reservation4 7#aj7 ,to develop geothermal water resources on ,indian land within the ,reservation4 7#aa7 ,to develop a cultural resources program relating to permitting necessary to conduct the activities authorized under this subsection 7including cultural1 historical1 and archeological reviews1 including training and certifications7 and related infrastructure necessary to meet programmatic needs4 7#ab7 ,to comply with ,federal environmental laws for any use authorized by this subsection4 7#ac7 ,to repair1 rehabilitate1 or replace culverts1 bridges1 and roads of the ,flathead ,indian irrigation project and any public or ,tribal culverts1 bridges1 and roads that intersect with1 or are otherwise located within1 the supply and distribution network of the ,flathead ,indian irrigation project4 7i7 ,liability ,except with respect to amounts transferred in accordance with section #g7;d71 the ,secretary shall not be liable for the expenditure or investment of any amounts withdrawn from the ,trust ,fund by the ,tribes under this section4 7j7 ,expenditure reports 7#a7 ,in general ,not less frequently than annually1 the ,tribes shall submit to the ,secretary an expenditure report describing-- 7,a7 the amount withdrawn from the ,trust ,fund under this section2 and 7,b7 any authorized activities resulting from the use of a withdrawal under a ,tribal management plan1 in accordance with this ,act4 7#b7 ,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 7#be ,u4,s4,c4 #ecfa et seq47 shall not be subject to paragraph 7#a74 7k7 ,,om,r costs ,except as otherwise provided in this ,act1 nothing in this ,act affects any obligation of the ,united ,states with respect to the operation1 maintenance1 and repair of the ,flathead ,indian irrigation project4 #i4 ,funding 7a7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary for deposit in the ,trust ,fund #a1jjj1jjj1jjj1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7#b7 ,mandatory funding 7,a7 ,in general ,on ,october #a1 #bjbj1 and on each ,october #a thereafter through ,october #a1 #bjbi1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall deposit in the ,trust ,fund #ij1jjj1jjj1 to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7,b7 ,availability ,amounts deposited in the ,trust ,fund under subparagraph 7,a7 shall be available without further appropriation4 7b7 ,fluctuation in costs 7#a7 ,in general ,of the amounts authorized to be appropriated and appropriated to the ,trust ,fund under paragraphs 7#a7 and 7#b71 respectively1 of subsection 7a7-- 7,a7 #cdg1bjj1jjj shall be increased or decreased1 as appropriate1 by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after the date of enactment of this ,act1 as indicated by the ,consumer ,price ,index for ,all ,urban ,consumers ,west ,urban #ej1jjj to #a1ejj1jjj index2 7,b7 #aaa1djj1jjj shall be increased or decreased1 as appropriate1 by such amounts as may be justified by reasons of ordinary fluctuations in costs occurring after the date of enactment of this ,act1 as indicated by the ,producer ,price ,index for the ,bureau of ,labor ,statistics2 and 7,c7 #a1dda1djj1jjj shall be increased or decreased1 as appropriate1 by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after the date of enactment of this ,act1 as indicated by the ,bureau of ,reclamation ,construction ,costs ,index-,composite ,trend4 7#b7 ,requirements for adjustment process ,the adjustment process under this subsection shall-- 7,a7 take into account any agreement reached by the ,secretary and the ,tribes under paragraph 7#d72 and 7,b7 be repeated for each subsequent amount appropriated for deposit in the ,trust ,fund until the amount authorized to be appropriated1 as so adjusted1 has been appropriated4 7#c7 ,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 ,fund4 7#d7 ,agreement ,based on the activities likely to be conducted using amounts deposited in the ,trust ,fund1 the ,secretary and the ,tribes may agree on which provisions of paragraph 7#a7 shall govern the fluctuation in costs to be used in calculating the amount authorized to be appropriated under subsection 7a77#a74 7c7 ,limitation on use of ,reclamation ,water ,settlements ,fund ,notwithstanding any other provision of law-- 7#a7 no amounts in the ,reclamation ,water ,settlements ,fund established by section #ajeja7;a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #djg7;a77 may be used by the ,tribes or the ,secretary to carry out any provision of this ,act until the date that is #aj years after the date of enactment of this ,act2 and 7#b7 effective beginning on the date that is #aj years after that date of enactment1 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 #ej percent of the total amount in the ,fund on that date4 #aj4 ,waivers and releases of claims 7a7 ,waivers and releases 7#a7 ,claims by ,tribes and ,united ,states as trustee for ,tribes ,subject to the reservation of rights and retention of claims under subsection 7c71 as consideration for recognition of the ,tribal ,water ,right and other benefits described in the ,compact and this ,act1 the ,tribes1 acting on behalf of the ,tribes and members of the ,tribes 7but not any member of the ,tribes as an allottee71 and the ,united ,states1 acting as trustee for the ,tribes and the members of the ,tribes 7but not any member of the ,tribes as an allottee71 shall execute a waiver and release with prejudice of all claims for water rights within the ,state that the ,tribes1 or the ,united ,states acting as trustee for the ,tribes1 asserted or could have asserted in any proceeding1 including a ,state stream adjudication1 on or before the enforceability date1 except to the extent that such a right is recognized in the ,compact and this ,act4 7#b7 ,claims by ,united ,states as trustee for allottees ,subject to the reservation of rights and the retention of claims under subsection 7c71 as consideration for recognition of the ,tribal ,water ,right and other benefits described in the ,compact and this ,act1 the ,united ,states1 acting as trustee for allottees1 shall execute a waiver and release with prejudice of all claims for water rights within the ,reservation that the ,united ,states1 acting as trustee for allottees1 asserted or could have asserted in any proceeding1 including a ,state stream adjudication1 on or before the enforceability date1 except to the extent that such a right is recognized in the ,compact and this ,act4 7#c7 ,claims by ,tribes against ,united ,states ,subject to the reservation of rights and retention of claims under subsection 7c71 the ,tribes1 acting on behalf of the ,tribes and members of the ,tribes 7but not any member of the ,tribes as an allottee71 shall execute a waiver and release with prejudice of all claims against the ,united ,states 7including any agency or employee of the ,united ,states7 first arising before the enforceability date-- 7,a7 relating to-- 7i7 water rights within the ,state that the ,united ,states1 acting as trustee for the ,tribes1 asserted or could have asserted in any proceeding1 including the general stream adjudication in the ,state1 except to the extent that such rights are recognized as part of the ,tribal ,water ,right under this ,act2 7ii7 foregone benefits from nontribal use of water1 on and off the ,reservation 7including water from all sources and for all uses72 7iii7 damage1 loss1 or injury to water1 water rights1 land1 or natural resources due to loss of water or water rights 7including damages1 losses1 or injuries to hunting1 fishing1 gathering1 or cultural rights due to loss of water or water rights1 claims relating to interference with1 diversion1 or taking of water1 or claims relating to a failure to protect1 acquire1 replace1 or develop water1 water rights1 or water infrastructure7 within the ,state2 7iv7 a failure to establish or provide a municipal1 rural1 or industrial water delivery system on the ,reservation2 7v7 damage1 loss1 or injury to water1 water rights1 land1 or natural resources due to construction1 operation1 and management of the ,flathead ,indian irrigation project and other ,federal land and facilities 7including damages1 losses1 or injuries to ,tribal fisheries1 fish habitat1 wildlife1 and wildlife habitat72 7vi7 damage1 loss1 or injury from failure to protect natural resources and land against noxious weeds impacts2 7vii7 inadequate compensation for minerals extracted2 7viii7 inadequate compensation for land and interests in land used for ,bureau of ,indian ,affairs roads and wildlife refuges2 7ix7 a failure to provide-- 7,i7 for operation1 maintenance1 or deferred maintenance for the ,flathead ,indian irrigation project or any other irrigation system or irrigation project2 or 7,,ii7 a dam safety improvement to a dam within the ,reservation2 7x7 the litigation of claims relating to any water right of the ,tribes in the ,state2 and 7xi7 the negotiation1 execution1 or adoption of the ,compact or this ,act2 7,b7 reserved under subsections 7b7 through 7d7 of section #f of the settlement agreement for the case entitled ,nez ,perce ,tribe v4 ,salazar1 ,no4 #jf;cv#bbci,,tfh 7,d4,d4,c4 #bjab72 and 7,c7 arising from the taking or acquisition of land or resources of the ,tribes for the construction or operation of the ,flathead ,indian irrigation project4 7#d7 ,certain off-,reservation water rights 7,a7 ,in general ,notwithstanding the confirmation of the water rights of the ,tribes described in ,appendices #bh and #bi to the ,compact1 as consideration for recognition of the ,tribal ,water ,right and other benefits described in the ,compact and this ,act1 the ,tribes shall relinquish any right1 title1 or claim to the water rights located within the ,flathead basin and described in those appendices4 7,b7 ,requirement ,the water rights described in subparagraph 7,a7 shall be held solely by the ,state4 7b7 ,enforceability date ,the waivers and releases of claims under subsection 7a7 shall take effect on the date on which the ,secretary publishes in the ,federal ,register a statement of findings that-- 7#a7 7,a7 the ,montana ,water ,court has approved the ,compact in a manner from which no further appeal may be taken2 or 7,b7 if the ,montana ,water ,court is found to lack jurisdiction1 the applicable ,united ,states district court has approved the ,compact as a consent decree from which no further appeal may be taken2 7#b7 all amounts authorized to be appropriated under section #i have been appropriated2 7#c7 the ,state has appropriated and paid into an interest-bearing escrow account any payments due to the ,tribes as of the date of enactment of this ,act under the ,compact and this ,act2 7#d7 the ,tribes have ratified the ,compact2 7#e7 the ,secretary has fulfilled the requirements of section #f2 and 7#f7 the waivers and releases described in subsection 7a7 have been executed by the ,tribes and the ,secretary4 7c7 ,reservation of rights and retention of claims ,notwithstanding the waivers and releases under subsection 7a71 the ,tribes1 acting on behalf of the ,tribes and members of the ,tribes1 and the ,united ,states1 acting as trustee for the ,tribes and allottees1 shall retain-- 7#a7 all claims relating to-- 7,a7 the enforcement of1 or claims accruing after the enforceability date relating to water rights recognized under-- 7i7 the ,compact2 7ii7 any final decree2 or 7iii7 this ,act2 and 7,b7 activities affecting the quality of water1 including any claims under-- 7i7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq471 including damages to natural resources2 7ii7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7iii7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 7commonly referred to as the ,clean ,water ,act72 and 7iv7 any regulations implementing the ,acts described in clauses 7i7 through 7iii72 7#b7 all rights to use and protect water rights acquired after the date of enactment of this ,act2 7#c7 all claims for damages1 losses1 or injuries to land or natural resources that are-- 7,a7 not due to loss of water or water rights 7including hunting1 fishing1 gathering1 or cultural rights72 and 7,b7 not covered by subsection 7a77#c72 and 7#d7 all rights1 remedies1 privileges1 immunities1 and powers not specifically waived and released pursuant to this ,act or the ,compact4 7d7 ,effect of ,compact and ,act ,nothing in the ,compact or this ,act-- 7#a7 except as otherwise expressly provided in the ,compact or this ,act1 reduces or extends the sovereignty 7including civil and criminal jurisdiction7 of any government entity2 7#b7 affects the ability of the ,united ,states acting as sovereign to carry out any activity authorized by applicable law1 including-- 7,a7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 7,b7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7,c7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 7commonly referred to as the ,clean ,water ,act72 and 7,d7 any regulations implementing the ,acts described in subparagraphs 7,a7 through 7,c72 7#c7 affects the ability of the ,united ,states to act as trustee for any other ,indian tribe or allottee of any other ,indian tribe2 7#d7 confers jurisdiction on any ,state court-- 7,a7 to interpret ,federal law regarding health1 safety1 or the environment2 7,b7 to determine the duties of the ,united ,states or any other party under ,federal law regarding health1 safety1 or the environment2 or 7,c7 to conduct judicial review of any ,federal agency action2 7#e7 waives any claim of a member of the ,tribes in an individual capacity that does not derive from a right of the ,tribes2 7#f7 revives any claim waived by the ,tribes in the case entitled ,nez ,perce ,tribe v4 ,salazar1 ,no4 #jf;cv#bbci,,tfh 7,d4,d4,c4 #bjab72 or 7#g7 revives any claim released by an allottee or member of the ,tribes in the settlement for the case entitled ,cobell v4 ,salazar1 ,no4 #a3if;,,cv#jabhe-;,,jr 7,d4,d4,c4 #bjab74 7e7 ,tolling of claims 7#a7 ,in general ,each applicable period of limitation and time-based equitable defense relating to a claim described in 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 ,secretary4 7#b7 ,effect of subsection ,nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this ,act4 7f7 ,expiration 7#a7 ,in general ,this ,act shall expire in any case in which-- 7,a7 the amounts authorized to be appropriated by this ,act have not been made available to the ,secretary by not later than-- 7i7 ,january #ba1 #bjca2 or 7ii7 such alternative later date as is agreed to by the ,tribes and the ,secretary2 or 7,b7 the ,secretary fails to publish a statement of findings under subsection 7b7 by not later than-- 7i7 ,january #ba1 #bjcb2 or 7ii7 such alternative later date as is agreed to by the ,tribes and the ,secretary1 after providing reasonable notice to the ,state4 7#b7 ,consequences ,if this ,act expires under paragraph 7#a7-- 7,a7 the waivers and releases under subsection 7a7 shall-- 7i7 expire2 and 7ii7 have no further force or effect2 7,b7 the authorization1 ratification1 confirmation1 and execution of the ,compact under section #d shall no longer be effective2 7,c7 any action carried out by the ,secretary1 and any contract or agreement entered into1 pursuant to this ,act shall be void2 7,d7 any unexpended ,federal funds appropriated or made available to carry out the activities authorized by this ,act1 together with any interest earned on those funds1 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 ,government1 unless otherwise agreed to by the ,tribes and the ,united ,states and approved by ,congress2 and 7,e7 except for ,federal funds used to acquire or construct property that is returned to the ,federal ,government under subparagraph 7,d71 the ,united ,states shall be entitled to offset any ,federal funds made available to carry out this ,act that were expended or withdrawn1 or any funds made available to carry out this ,act from other ,federal authorized sources1 together with any interest accrued on those funds1 against any claims against the ,united ,states-- 7i7 relating to-- 7,i7 water rights in the ,state asserted by-- 7aa7 the ,tribes2 or 7bb7 any user of the ,tribal ,water ,right2 or 7,,ii7 any other matter covered by subsection 7a77#c72 or 7ii7 in any future settlement of water rights of the ,tribes or an allottee4 #aa4 ,satisfaction of claims 7a7 ,tribal claims ,the benefits realized by the ,tribes under this ,act shall be in complete replacement of1 complete substitution for1 and full satisfaction of all claims of the ,tribes against the ,united ,states waived and released pursuant to paragraphs 7#a7 and 7#c7 of section #aj7;a74 7b7 ,allottee claims ,the benefits realized by allottees under this ,act shall be in complete replacement of1 complete substitution for1 and full satisfaction of-- 7#a7 all claims waived and released pursuant to section #aj7;a77#b72 and 7#b7 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 #aj7;a77#b74 #ab4 ,national bison range restoration 7a7 ,findings2 purposes 7#a7 ,findings ,congress finds that-- 7,a7 the ,reservation was set aside for the ,tribes in #ahee under the treaty between the ,united ,states and the ,tribes concluded at ,hell ,gate on ,july #af1 #ahee 7#ab ,stat4 #ige72 7,b7 the ,national ,bison ,range was established as a conservation measure in #aijh1 a time when the bison were at grave risk of extinction2 7,c7 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 held1 in the civil action entitled ,confederated ,salish and ,kootenai ,tribes of the ,flathead ,indian ,reservation1 ,montana v4 ,united ,states 7#dcg ,f4#b;d #deh 7,ct4,cl4 #aiga771 to be a taking under the ,fifth ,amendment to the ,constitution of the ,united ,states2 7,d7 the ,tribes never consented to the removal of the land described in subparagraph 7,c7 from ,tribal ownership2 7,e7 since time immemorial until the establishment of the ,national ,bison ,range1 the ,tribes had used the land described in subparagraph 7,c7 for-- 7i7 hunting1 fishing1 and gathering2 and 7ii7 cultural and many other purposes2 7,f7 7i7 in the #ahgjs1 when slaughter resulted in the risk of bison extinction1 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 purposes2 7ii7 starting with just a few bison calves1 the animals grew into a large herd under the stewardship of members of the ,tribes1 who later included ,michel ,pablo and ,charles ,allard2 and 7iii7 the ,reservation was the home of that free-ranging herd of bison for decades before the establishment of the ,national ,bison ,range2 7,g7 when the ,reservation was opened for homesteading1 a free-ranging bison herd was no longer feasible1 resulting in ,michel ,pablo selling the herd to off-,reservation interests2 7,h7 many of the bison1 or their descendants1 from the ,tribal member-managed herd were repurchased and brought back to the ,reservation to form the original herd for the ,national ,bison ,range2 7,i7 the bison herd at the ,national ,bison ,range descends largely from a herd started and managed as described in subparagraph 7,f72 7,j7 the ,tribes-- 7i7 have played a substantive role as conservation leaders1 often in partnership with the ,national ,bison ,range2 7ii7 have demonstrated a long-term commitment to responsible management of the land and resources surrounding the ,national ,bison ,range2 and 7iii7 desire to carry out the purposes for which the ,national ,bison ,range was established2 7,k7 the ,tribes have extensive experience in wildlife and natural resources management1 including-- 7i7 the establishment and management of the #ia1jjj-;acre ,mission ,mountains ,tribal ,wilderness1 the first tribally designated wilderness area in the ,united ,states2 7ii7 special management districts for large animals1 such as the ,little ,money ,bighorn ,sheep ,management ,area and the ,ferry ,basin ,elk ,management ,area2 and 7iii7 the restoration and management of bighorn sheep populations1 peregrine falcons1 and trumpeter swans on the ,reservation2 7,l7 the ,tribes have an extensive history of successful partnerships with ,federal agencies with respect to issues such as-- 7i7 threatened and endangered species management2 7ii7 migratory waterfowl management2 and 7iii7 wetland habitat management2 7,m7 7i7 the ,tribes have entered into prior management-related agreements relating to the ,national ,bison ,range under title ,,iv of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecfa et seq472 and 7ii7 the ,tribes and the ,united ,states desire to build on past and current partnerships1 as well as honor and advance the ,federal and ,tribal objectives of increasing ,tribal autonomy and ,tribal governmental capacity2 7,n7 since the establishment of the ,national ,bison ,range1 additional herds of bison have been established on other national wildlife refuges and national parks2 7,o7 the facts and history regarding the ,federal ,government1 the ,tribes1 the bison1 and land on the ,reservation acquired for the ,national ,bison ,range are exceptional circumstances that warrant action by ,congress2 and 7,p7 the ,united ,states should hold title in and to the land comprising the ,national ,bison ,range1 with beneficial title of the land being restored to the ,tribes for-- 7i7 continued bison conservation2 7ii7 other wildlife and natural resource management purposes2 and 7iii7 other nonconflicting purposes of the ,tribes4 7#b7 ,purposes ,the purposes of this section are-- 7,a7 to acknowledge the history1 culture1 and ecological stewardship of the ,tribes with respect to the land on the ,reservation acquired for the ,national ,bison ,range1 bison1 and other natural resources2 7,b7 to ensure that the land1 bison1 and other resources referred to in subparagraph 7,a7 continue to be protected and enhanced2 7,c7 to continue public access and educational opportunities2 and 7,d7 to ensure a smooth transition for land1 bison1 and other natural resources as the land is restored to ,federal trust ownership for the benefit of the ,tribes4 7b7 ,definition of ,national ,bison ,range ,in this section1 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 #bc1 #aijh 7#af ,u4,s4,c4 #fga7 7as in effect on the day before the date of enactment of this ,act74 7c7 ,restoration of land 7#a7 ,in general ,notwithstanding any other provision of law1 for the purposes of conserving bison1 wildlife1 and natural resources1 and of safeguarding the interests of the ,tribes in those resources and the traditional1 cultural1 and other interests of the ,tribes1 all land comprising the ,national ,bison ,range 7including all natural resources1 interests1 and appurtenances of that land7 shall be held in trust by the ,united ,states for the benefit of the ,tribes4 7#b7 ,administration ,the land restored by paragraph 7#a7 shall be-- 7,a7 a part of the ,reservation2 7,b7 administered under the laws 7including regulations7 applicable to ,indian trust land2 and 7,c7 managed by the ,tribes1 in accordance with paragraph 7#c71 solely for the care and maintenance of bison1 wildlife1 and other natural resources1 including designation or naming of the restored land4 7#c7 ,tribal management ,in managing the land restored by paragraph 7#a71 the ,tribes shall-- 7,a7 provide public access and educational opportunities2 and 7,b7 at all times1 have a publicly available management plan for the land1 bison1 and natural resources1 which shall include actions to address management and control of invasive weeds4 7d7 ,conveyance of buildings and other structures 7#a7 ,in general ,the ,united ,states shall convey to the ,tribes1 to own in fee1 all ownership interests of the ,united ,states in all buildings1 structures1 improvements1 and appurtenances located on the land restored by subsection 7c77#a74 7#b7 ,personal property ,the ,united ,states may convey to the ,tribes any personal property owned by the ,united ,states and found on1 or otherwise associated with1 the land restored by subsection 7c77#a74 7e7 ,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 7c77#a74 7f7 ,transition 7#a7 ,in general ,notwithstanding any other provision of law1 during the #b-year period beginning on the date of enactment of this ,act1 the ,secretary shall cooperate with the ,tribes in transition activities regarding the management of land1 bison1 and other resources conveyed by this ,act1 including by providing to the ,tribes1 as determined to be appropriate by the ,secretary1 funds1 personal property1 equipment1 or other resources for the performance of1 or assistance with1 the types of activities carried out by the ,secretary at the ,national ,bison ,range as of the date of enactment of this ,act4 7#b7 ,effect ,consistent with subsections 7c71 7d71 and 7e71 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 section1 except as the ,tribes may agree to in writing4 7g7 ,repeal ,the matter under the heading ,national ,bison ,range under the heading ,miscellaneous under the heading ,department of ,agriculture in the ,act of ,may #bc1 #aijh 7#af ,u4,s4,c4 #fga71 is repealed4 7h7 ,liability ,the ,tribes shall not be liable for any land1 soil1 surface water1 groundwater1 or other contamination1 injury1 or damage resulting from the storage1 disposal1 release1 or presence of any hazardous substance 7as defined in section #aja of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja77 on any portion of the land restored by this section on or before the date of the conveyance1 unless the ,tribes would otherwise have been responsible for the storage1 disposal1 release1 or presence4 7i7 ,claims against ,united ,states ,no claim may be brought pursuant to chapter #g of title #e1 ,united ,states ,code1 or section #adia or #aeje of title #bh1 ,united ,states ,code1 against the ,united ,states1 or any agency1 officer1 or employee of the ,united ,states1 concerning the preconveyance or postconveyance management of the land and other property conveyed by this section4 7j7 ,effect ,nothing in this section relieves the ,united ,states of any obligation under section #abj7;h77#c7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj7;h77#c774 7k7 ,no precedent ,the provisions of this section-- 7#a7 are uniquely suited to address the distinct circumstances1 facts1 history1 and relationships involved with the bison1 land1 and ,tribes2 and 7#b7 are not intended1 and shall not be interpreted1 to establish a precedent for any other situation regarding ,federal land1 property1 or facilities4 7l7 ,indian ,gaming ,regulatory ,act ,the land restored by this section shall not be eligible or used for any gaming activity carried out under the ,indian ,gaming ,regulatory ,act 7#be ,u4,s4,c4 #bgja et seq474 #ac4 ,miscellaneous provisions 7a7 ,amendments 7#a7 ,act of ,april #bc1 #aijd ,section #i of the ,act of ,april #bc1 #aijd 7#cc ,stat4 #cjd1 chapter #adie2 #ce ,stat4 #dej1 chapter #baf71 is amended by striking the seventh undesignated paragraph4 7#b7 ,act of ,may #be1 #aidh ,section #b of the ,act of ,may #be1 #aidh 7#fb ,stat4 #bfi1 chapter #cdj71 is amended-- 7,a7 in subsection 7h71 by striking paragraph 7#f7 and inserting the following3 7#f7 ,to enhance fisheries habitat or to improve water conservation management of the project4 2 and 7,b7 by adding at the end the following3 7k7 ,mission ,valley division 7#a7 ,in general ,the ,secretary of the ,interior 7referred to in this section as the ,secretary71 or the ,confederated ,salish and ,kootenai ,tribes of the ,flathead ,reservation of ,montana acting on behalf of the ,secretary1 as the entity with the legal authority and responsibility to operate the ,mission ,valley division of the project 7referred to in this subsection as the project operator71 may allocate revenues derived from the ,mission ,valley division in accordance with paragraph 7#b7 for the purposes described in subsection 7h77#f74 7#b7 ,allocation 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the revenues described in paragraph 7#a7 shall be allocated by providing-- 7i7 #ajj1jjj to the ,tribes2 and 7ii7 #ajj1jjj to the project operator4 7,b7 ,negotiation ,effective beginning on ,october #a of the tenth calendar year beginning after the date of enactment of the ,montana ,water ,rights ,protection ,act1 the ,confederated ,salish and ,kootenai ,tribes of the ,flathead ,reservation of ,montana1 the ,state of ,montana1 and the ,secretary may negotiate for an appropriate allocation that differs from the allocation described in subparagraph 7,a74 7,c7 ,carryover ,if the project operator does not use the full allocation of the project operator under this paragraph for a fiscal year1 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 7h77#f74 4 7#c7 ,indian ,self-,determination and ,education ,assistance ,act ,section #djc7;b77#d7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecfc7;b77#d77 is amended-- 7,a7 in subparagraph 7,a71 by adding and at the end2 7,b7 in subparagraph 7,b71 by striking and at the end2 and 7,c7 by striking subparagraph 7,c74 7b7 ,liens ,any lien established by the ,act of ,april #bc1 #aijd 7#cc ,stat4 #cjb1 chapter #adie2 #ce ,stat4 #ddi1 chapter #baf71 is extinguished and released4 7c7 ,waiver of sovereign immunity ,except as provided in subsections 7a7 through 7c7 of section #bjh of the ,department of ,justice ,appropriation ,act1 #aiec 7#dc ,u4,s4,c4 #fff71 nothing in this ,act waives the sovereign immunity of the ,united ,states4 7d7 ,other ,tribes not adversely affected ,nothing in this ,act quantifies or diminishes any land or water right1 or any claim or entitlement to land or water1 of any ,indian tribe other than the ,tribes4 7e7 ,limitation on claims for reimbursement ,with respect to ,indian land located within the ,reservation-- 7#a7 the ,united ,states shall not submit against any ,indian-owned land within the ,reservation any claim for reimbursement of the cost to the ,united ,states of carrying out this ,act or the ,compact2 and 7#b7 no assessment of any ,indian-owned land located within the ,reservation shall be made regarding that cost4 7f7 ,limitation on liability of ,united ,states 7#a7 ,in general ,the ,united ,states has no obligation-- 7,a7 to monitor1 administer1 or account for1 in any manner1 any funds provided to the ,tribes by the ,state2 or 7,b7 to review or approve any expenditure of the funds described in subparagraph 7,a74 7#b7 ,indemnity ,the ,tribes shall indemnify the ,united ,states1 and hold the ,united ,states harmless1 with respect to all claims 7including claims for takings or breach of trust7 arising from the receipt or expenditure of amounts to carry out this ,act 7other than claims arising out of activities carried out by the ,tribes with funds transferred in accordance with section #g7;d774 7g7 ,antideficiency ,the ,united ,states shall not be liable for any failure to carry out any obligation or activity authorized by this ,act 7including any obligation or activity under the ,compact7 if-- 7#a7 adequate appropriations are not provided expressly by ,congress to carry out this ,act2 or 7#b7 subject to section #i7;c71 insufficient funds are available to carry out this ,act in the ,reclamation ,water ,settlements ,fund established by section #ajeja7;a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #djg7;a774 7h7 ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to any activity or function carried out by the ,secretary under this ,act4 7i7 ,cooperative operation and maintenance of ,flathead ,indian irrigation project 7#a7 ,agreement with ,secretary ,on receipt of a joint request from the ,tribes and #a or more irrigation districts within the ,flathead ,indian irrigation project1 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 project1 or any portion of the ,flathead ,indian irrigation project1 under such form of organization and under such conditions as may be acceptable to the ,secretary4 7#b7 ,establishment of organization 7,a7 ,in general ,in lieu of entering into an agreement under paragraph 7#a71 the ,tribes and #a 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 7#be ,u4,s4,c4 #ecja et seq474 7,b7 ,contract support costs ,any contract support costs pursuant to section #ajf7;a7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecbe7;a77 for an organization established pursuant to subparagraph 7,a7 shall be limited to funds available from annual assessment under part #aga of title #be1 ,code of ,federal ,regulations 7or successor regulations74 7,c7 ,treatment ,an organization established pursuant to subparagraph 7,a7 shall be considered to be a tribal organization 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd77 for purposes of that ,act4 7,d7 ,annual ,o,m assessments ,nothing in this subsection limits the ability of an organization established pursuant to subparagraph 7,a7 to include the costs of administering the ,flathead ,indian irrigation project when establishing annual assessment rates in accordance with part #aga of title #be1 ,code of ,federal ,regulations 7or successor regulations74 7j7 ,exchanges of land 7#a7 ,definitions ,in this subsection3 7,a7 ,public land ,the term public land means-- 7i7 public lands 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb772 and 7ii7 land managed by the ,secretary of ,agriculture under the jurisdiction of the ,forest ,service4 7,b7 ,secretary concerned ,the term ,secretary concerned means1 as applicable-- 7i7 the ,secretary1 with respect to the public land described in subparagraph 7,a77i72 or 7ii7 the ,secretary of ,agriculture1 with respect to the public land described in subparagraph 7,a77ii74 7#b7 ,state trust land 7,a7 ,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 #cf1hjh acres of ,state trust land obtained by the ,state pursuant to-- 7i7 the ,act of ,february #bb1 #ahhi 7commonly known as the ,montana ,enabling ,act7 7#be ,stat4 #fgf1 chapter #ahj71 and the ,act of ,april #bc1 #aijd 7#cc ,stat4 #cjb1 chapter #adie2 #ce ,stat4 #ddi1 chapter #baf72 or 7ii7 the ,act of ,february #be1 #aibj 7#da ,stat4 #deb74 7,b7 ,procedures ,an exchange described in subparagraph 7,a7 shall be conducted in accordance with section #bjf of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaf74 7,c7 ,valuation ,in determining the fair market value of land for purposes of subparagraph 7,a71 the parties to the exchange shall give due consideration to the value of any improvements on the land4 7,d7 ,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 governments1 if any4 7,e7 ,assistance ,the ,secretary concerned shall provide such financial or other assistance to the ,state and the ,tribes as may be necessary to obtain the appraisals1 and to satisfy administrative requirements1 necessary to accomplish the exchanges under subparagraph 7,a74 7,f7 ,title ,on approving an exchange under this paragraph1 the ,secretary concerned shall-- 7i7 receive title in and to the ,state trust land involved in the exchange1 on behalf of the ,united ,states2 and 7ii7 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 appropriate4 7,g7 ,trust ,title to the ,state trust land acquired pursuant to an exchange under this paragraph shall be-- 7i7 vested in the ,united ,states in trust for the sole use and benefit of the ,tribes2 and 7ii7 recognized as part of the ,reservation4 7#c7 ,requirements 7,a7 ,in general ,in carrying out paragraph 7#b71 the ,secretary concerned shall1 during the #e-year period beginning on the date of enactment of this ,act1 give priority to an exchange of public land within the ,state for ,state trust land owned by the ,state4 7,b7 ,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 #cf1hjh acres described in paragraph 7#b77;,a74 7,c7 ,private exchanges 7i7 ,in general ,subject to subparagraph 7,b71 if1 for any reason1 after the expiration of the period described in subparagraph 7,a71 the exchanges under paragraph 7#b7 have not provided to the ,tribes a total of #cf1hjh acres of surface land within the boundaries of the ,reservation1 the ,secretary concerned shall1 at the request of1 and in cooperation with1 the ,tribes1 develop and implement a program to provide to the ,tribes additional land within the ,reservation through land exchanges with private landowners4 7ii7 ,requirement ,in carrying out this subparagraph1 the ,secretary concerned may exchange public land within the ,state for private land of substantially equal value within the boundaries of the ,reservation1 in accordance with section #bjf of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaf74 7,d7 ,valuation ,in determining the fair market value of land under subparagraph 7,c71 the parties to an exchange made pursuant to that subparagraph shall give due consideration to the value of improvements on the land4 7,e7 ,title ,if the ,secretary concerned obtains private land pursuant to subparagraph 7,c71 the ,secretary concerned shall transfer title to the land to the ,tribes4 7,f7 ,trust ,title to any private land or public land transferred to the ,tribes pursuant to this paragraph shall-- 7i7 be vested in the ,united ,states in trust for the sole use and benefit of the ,tribes2 and 7ii7 be recognized as part of the ,reservation1 if the land is located within the boundaries of the ,reservation4 7,g7 ,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 paragraph4 7#d7 ,protection of grazing rights ,state trust land that is not adjacent to ,tribal land shall not be eligible to be exchanged under this subsection4 7k7 ,review of decisions ,a court of competent jurisdiction shall review the decisions of the ,flathead ,reservation ,water ,management ,board and the ,montana ,department of ,fish1 ,wildlife1 and ,parks in accordance with-- 7#a7 the ,compact2 7#b7 the ,law of ,administration2 and 7#c7 this ,act4 7l7 ,payments to certain counties 7#a7 ,payments 7,a7 ,by ,secretary ,subject to paragraph 7#b71 to reduce the financial impact on the counties in which the land restored by section #ab is located1 the ,secretary shall make payments to ,lake ,county and ,sanders ,county in the ,state1 out of amounts in the fund established under section #dja7;a7 of the ,act of ,june #ae1 #aice 7#af ,u4,s4,c4 #gaes7a774 7,b7 ,by ,tribes ,to ensure that culverts1 bridges1 and roads that intersect with1 or are otherwise located within1 the supply and distribution network of the ,flathead ,indian irrigation project comply with ,federal environmental requirements1 to ensure public safety1 and to enhance ,tribal fisheries on the ,reservation1 the ,tribes shall allocate from the ,trust ,fund amounts withdrawn for the purposes described in section #h7;h77#ac71 under an agreement approved by the ,secretary-- 7i7 #e1jjj1jjj to ,lake ,county in the ,state2 and 7ii7 #e1jjj1jjj to ,sanders ,county in the ,state4 7#b7 ,amount of payments ,the amount of the payments under paragraph 7#a77;,a7 shall be equal to the amount each county would have received if this ,act had not been enacted4 7#c7 ,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 #dja of the ,act of ,june #ae1 #aice 7#af ,u4,s4,c4 #gaes71 the land restored by section #ac shall be treated as a fee area 7as defined in section #dja7;g7 of the ,act of ,june #ae1 #aice 7#af ,u4,s4,c4 #gaes7g7774 7m7 ,effect on current law ,nothing in this ,act authorizes preenforcement judicial review of any ,federal environmental enforcement action4 7n7 ,no precedent ,the provisions of this ,act-- 7#a7 are uniquely suited to address the distinct circumstances1 facts1 history1 and relationships involved2 and 7#b7 are not intended1 and shall not be interpreted1 to establish precedent for any other situation4 ,,ee ,taxpayer ,certainty and ,disaster ,tax ,relief ,act of #bjbj #a4 ,short title2 table of contents 7a7 ,short title ,this division may be cited as the ,taxpayer ,certainty and ,disaster ,tax ,relief ,act of #bjbj4 7b7 ,amendment of #aihf ,code ,except as otherwise expressly provided1 whenever in this division an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,internal ,revenue ,code of #aihf4 7c7 ,table of contents ,the table of contents of this division is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,extension of certain expiring provisions ,subtitle ,a--,certain provisions made permanent ,sec4 #aja4 ,reduction in medical expense deduction floor4 ,sec4 #ajb4 ,energy efficient commercial buildings deduction4 ,sec4 #ajc4 ,benefits provided to volunteer firefighters and emergency medical responders4 ,sec4 #ajd4 ,transition from deduction for qualified tuition and related expenses to increased income limitation on lifetime learning credit4 ,sec4 #aje4 ,railroad track maintenance credit4 ,sec4 #ajf4 ,certain provisions related to beer1 wine1 and distilled spirits4 ,sec4 #ajg4 ,refunds in lieu of reduced rates for certain craft beverages produced outside the ,united ,states4 ,sec4 #ajh4 ,reduced rates not allowed for smuggled or illegally produced beer1 wine1 and spirits4 ,sec4 #aji4 ,minimum processing requirements for reduced distilled spirits rates4 ,sec4 #aaj4 ,modification of single taxpayer rules4 ,subtitle ,b--,certain provisions extended through #bjbe ,sec4 #aaa4 ,look-thru rule for related controlled foreign corporations4 ,sec4 #aab4 ,new markets tax credit4 ,sec4 #aac4 ,work opportunity credit4 ,sec4 #aad4 ,exclusion from gross income of discharge of qualified principal residence indebtedness4 ,sec4 #aae4 #g-year recovery period for motorsports entertainment complexes4 ,sec4 #aaf4 ,expensing rules for certain productions4 ,sec4 #aag4 ,oil spill liability trust fund rate4 ,sec4 #aah4 ,empowerment zone tax incentives4 ,sec4 #aai4 ,employer credit for paid family and medical leave4 ,sec4 #abj4 ,exclusion for certain employer payments of student loans4 ,sec4 #aba4 ,extension of carbon oxide sequestration credit4 ,subtitle ,c--,extension of certain other provisions ,sec4 #aca4 ,credit for electricity produced from certain renewable resources4 ,sec4 #acb4 ,extension and phaseout of energy credit4 ,sec4 #acc4 ,treatment of mortgage insurance premiums as qualified residence interest4 ,sec4 #acd4 ,credit for health insurance costs of eligible individuals4 ,sec4 #ace4 ,indian employment credit4 ,sec4 #acf4 ,mine rescue team training credit4 ,sec4 #acg4 ,classification of certain race horses as #c-year property4 ,sec4 #ach4 ,accelerated depreciation for business property on ,indian reservations4 ,sec4 #aci4 ,american ,samoa economic development credit4 ,sec4 #adj4 ,second generation biofuel producer credit4 ,sec4 #ada4 ,nonbusiness energy property4 ,sec4 #adb4 ,qualified fuel cell motor vehicles4 ,sec4 #adc4 ,alternative fuel refueling property credit4 ,sec4 #add4 #b-wheeled plug-in electric vehicle credit4 ,sec4 #ade4 ,production credit for ,indian coal facilities4 ,sec4 #adf4 ,energy efficient homes credit4 ,sec4 #adg4 ,extension of excise tax credits relating to alternative fuels4 ,sec4 #adh4 ,extension of residential energy-efficient property credit and inclusion of biomass fuel property expenditures4 ,sec4 #adi4 ,black lung disability trust fund excise tax4 ,title ,,ii--,other provisions ,sec4 #bja4 ,minimum low-income housing tax credit rate4 ,sec4 #bjb4 ,depreciation of certain residential rental property over #cj-year period4 ,sec4 #bjc4 ,waste energy recovery property eligible for energy credit4 ,sec4 #bjd4 ,extension of energy credit for offshore wind facilities4 ,sec4 #bje4 ,minimum rate of interest for certain determinations related to life insurance contracts4 ,sec4 #bjf4 ,clarifications and technical improvements to ,,cares ,act employee retention credit4 ,sec4 #bjg4 ,extension and modification of employee retention and rehiring tax credit4 ,sec4 #bjh4 ,minimum age for distributions during working retirement4 ,sec4 #bji4 ,temporary rule preventing partial plan termination4 ,sec4 #baj4 ,temporary allowance of full deduction for business meals4 ,sec4 #baa4 ,temporary special rule for determination of earned income4 ,sec4 #bab4 ,certain charitable contributions deductible by non-itemizers4 ,sec4 #bac4 ,modification of limitations on charitable contributions4 ,sec4 #bad4 ,temporary special rules for health and dependent care flexible spending arrangements4 ,title ,,iii--,disaster tax relief ,sec4 #cja4 ,definitions4 ,sec4 #cjb4 ,special disaster-related rules for use of retirement funds4 ,sec4 #cjc4 ,employee retention credit for employers affected by qualified disasters4 ,sec4 #cjd4 ,other disaster-related tax relief provisions4 ,sec4 #cje4 ,low-income housing tax credit4 ,sec4 #cjf4 ,treatment of certain possessions4 ,i ,extension of certain expiring provisions ,a ,certain provisions made permanent #aja4 ,reduction in medical expense deduction floor 7a7 ,in general ,section #bac is amended-- 7#a7 by striking #aj percent in subsection 7a7 and inserting #g4e percent1 and 7#b7 by striking subsection 7f74 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 #ajb4 ,energy efficient commercial buildings deduction 7a7 ,deduction made permanent ,section #agi;,d is amended by striking subsection 7h74 7b7 ,inflation adjustment ,section #agi;,d1 as amended by subsection 7a71 is amended by redesignating subsection 7g7 as subsection 7h7 and by inserting after subsection 7f7 the following new subsection3 7g7 ,inflation adjustment ,in the case of a taxable year beginning after #bjbj1 each dollar amount in subsection 7b7 or subsection 7d77#a77;,a7 shall be increased by an amount equal to-- 7#a7 such dollar amount1 multiplied by 7#b7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting calendar year #bjai for calendar year #bjaf in subparagraph 7,a77ii7 thereof4 ,any increase determined under the preceding sentence which is not a multiple of #a cent shall be rounded to the nearest cent4 4 7c7 ,update of standards 7#a7 ,,ashrae standards ,section #agi;,d7c7 is amended-- 7,a7 in paragraphs 7#a77;,b77ii7 and 7#a77;,d71 by striking ,standard #ij4a-bjjg and inserting ,reference ,standard #ij4a1 and 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,reference ,standard #ij4a ,the term ,reference ,standard #ij4a means1 with respect to any property1 the most recent ,standard #ij4a published by the ,american ,society of ,heating1 ,refrigerating1 and ,air ,conditioning ,engineers and the ,illuminating ,engineering ,society of ,north ,america which has been affirmed by the ,secretary1 after consultation with the ,secretary of ,energy1 for purposes of this section not later than the date that is #b years before the date that construction of such property begins4 4 7#b7 ,california ,nonresidential ,alternative ,calculation ,method ,approval ,manual ,section #agi;,d7d77#b7 is amended by striking 1 based on the provisions of the #bjje ,california ,nonresidential ,alternative ,calculation ,method ,approval ,manual and inserting with respect to any property1 based on the provisions of the most recent ,california ,nonresidential ,alternative ,calculation ,method ,approval ,manual which has been affirmed by the ,secretary1 after consultation with the ,secretary of ,energy1 for purposes of this section not later than the date that is #b years before the date that construction of such property begins4 7d7 ,effective date ,the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjbj4 #ajc4 ,benefits provided to volunteer firefighters and emergency medical responders 7a7 ,in general ,section #aci;,b is amended by striking subsection 7d74 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 #ajd4 ,transition from deduction for qualified tuition and related expenses to increased income limitation on lifetime learning credit 7a7 ,increased income limitations for phaseout of ,lifetime ,learning ,credit 7#a7 ,in general ,section #be;,a7d7 is amended by striking paragraphs 7#a7 and 7#b71 by redesignating paragraph 7#c7 as paragraph 7#b71 and by inserting before paragraph 7#b7 7as so redesignated7 the following new paragraph3 7#a7 ,in general ,the ,american ,opportunity ,tax ,credit and the ,lifetime ,learning ,credit shall each 7determined without regard to this paragraph7 be reduced 7but not below zero7 by the amount which bears the same ratio to each such credit 7as so determined7 as-- 7,a7 the excess of-- 7i7 the taxpayer's modified adjusted gross income for such taxable year1 over 7ii7 #hj1jjj 7 #afj1jjj in the case of a joint return71 bears to 7,b7 #aj1jjj 7 #bj1jjj in the case of a joint return74 4 7#b7 ,conforming amendment ,section #be;,a is amended by striking subsection 7h74 7b7 ,repeal of deduction for qualified tuition and related expenses 7#a7 ,in general ,part ,,vii of subchapter ,b of chapter #a is amended by striking section #bbb 7and by striking the item relating to such section in the table of sections for such part74 7#b7 ,conforming amendments 7,a7 ,section #fb7;a7 is amended by striking paragraph 7#ah74 7,b7 ,section #gd7;d77#b77;,b7 is amended by striking #bbb14 7,c7 ,section #hf7;b77#b77;,a7 is amended by striking #bbb14 7,d7 ,section #ace7;c77#d77;,a7 is amended by striking #bbb14 7,e7 ,section #acg7;b77#c77;,a7 is amended by striking #bbb14 7,f7 ,section #bai7;g77#c77;,a77ii7 is amended by striking #bbb14 7,g7 ,section #bba7;b77#b77;,c77i7 is amended by striking #bbb14 7,h7 ,section #dfi7;i77#c77;,e77iii7 is amended by striking #bbb14 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 #aje4 ,railroad track maintenance credit 7a7 ,made permanent ,section #de;,g is amended by striking subsection 7f74 7b7 ,modification of credit rate ,section #de;,g7a7 is amended by striking #ej percent and inserting #dj percent 7#ej percent in the case of any taxable year beginning before ,january #a1 #bjbc74 7c7 ,effective date ,the amendments made by this section shall apply to taxable years ending after the date of the enactment of this ,act4 #ajf4 ,certain provisions related to beer1 wine1 and distilled spirits 7a7 ,production period for beer1 wine1 and distilled spirits 7#a7 ,in general ,section #bfc;,a7f77#d7 is amended to read as follows3 7#d7 ,exemption for aging process of beer1 wine1 and distilled spirits ,for purposes of this subsection1 the production period shall not include the aging period for-- 7,a7 beer 7as defined in section #ejeb7;a771 7,b7 wine 7as described in section #ejda7;a771 or 7,c7 distilled spirits 7as defined in section #ejjb7;a77#h771 except such spirits that are unfit for use for beverage purposes4 4 7#b7 ,effective date ,the amendment made by this subsection shall apply to interest costs paid or accrued after ,december #ca1 #bjbj4 7b7 ,reduced rate of excise tax on beer 7#a7 ,in general ,section #ejea7;a77#a7 is amended to read as follows3 7#a7 ,in general 7,a7 ,imposition of tax ,a tax is hereby imposed on all beer brewed or produced1 and removed for consumption or sale1 within the ,united ,states1 or imported into the ,united ,states4 ,except as provided in paragraph 7#b71 the rate of such tax shall be-- 7i7 #af on the first #f1jjj1jjj barrels of beer-- 7,i7 brewed by the brewer and removed during the calendar year for consumption or sale1 or 7,,ii7 imported by the importer into the ,united ,states during the calendar year1 and 7ii7 #ah on any barrels of beer to which clause 7i7 does not apply4 7,b7 ,barrel ,for purposes of this section1 a barrel shall contain not more than #ca gallons of beer1 and any tax imposed under this section shall be applied at a like rate for any other quantity or for fractional parts of a barrel4 4 7#b7 ,reduced rate for certain domestic production ,section #ejea7;a77#b77;,a7 is amended-- 7,a7 in the heading1 by inserting #c4ej a barrel before rate1 and 7,b7 by striking #g and all that follows through ,january #a1 #bjba7 and inserting #c4ej4 7#c7 ,application of reduced tax rate for foreign manufacturers and importers ,section #ejea7;a7 is amended-- 7,a7 in paragraph 7#a77;,a77i77,,ii71 as amended by paragraph 7#a7 of this subsection1 by inserting but only if the importer is an electing importer under paragraph 7#d7 and the barrels have been assigned to the importer pursuant to such paragraph after during the calendar year1 and 7,b7 in paragraph 7#d7-- 7i7 in subparagraph 7,a71 by striking paragraph 7#a77;,c7 and inserting paragraph 7#a77;,a71 and 7ii7 in subparagraph 7,b71 by striking ,the ,secretary and inserting ,the ,secretary1 after consultation with the ,secretary of the ,department of ,homeland ,security14 7#d7 ,controlled group and single taxpayer rules ,section #ejea7;a77#e7 is amended by striking paragraph 7#a77;,c77i7 each place it appears and inserting paragraph 7#a77;,a77i74 7#e7 ,effective date ,the amendments made by this subsection shall apply to beer removed after ,december #ca1 #bjbj4 7c7 ,transfer of beer between bonded facilities 7#a7 ,in general ,section #edad is amended to read as follows3 #edad4 ,transfer of beer between bonded facilities 7a7 ,in general ,beer may be removed from one brewery to another brewery1 without payment of tax1 and may be mingled with beer at the receiving brewery1 subject to such conditions1 including payment of the tax1 and in such containers1 as the ,secretary by regulations shall prescribe1 which shall include-- 7#a7 any removal from one brewery to another brewery belonging to the same brewer1 7#b7 any removal from a brewery owned by one corporation to a brewery owned by another corporation when-- 7,a7 one such corporation owns the controlling interest in the other such corporation1 or 7,b7 the controlling interest in each such corporation is owned by the same person or persons1 and 7#c7 any removal from one brewery to another brewery when-- 7,a7 the proprietors of transferring and receiving premises are independent of each other and neither has a proprietary interest1 directly or indirectly1 in the business of the other1 and 7,b7 the transferor has divested itself of all interest in the beer so transferred and the transferee has accepted responsibility for payment of the tax4 7b7 ,transfer of liability for tax ,for purposes of subsection 7a77#c71 such relief from liability shall be effective from the time of removal from the transferor's premises1 or from the time of divestment of interest1 whichever is later4 4 7#b7 ,effective date ,the amendment made by this subsection shall apply to any calendar quarters beginning after ,december #ca1 #bjbj4 7d7 ,reduced rate of excise tax on certain wine 7#a7 ,in general ,section #ejda7;c7 is amended-- 7,a7 in the heading1 by striking for small domestic producers1 7,b7 by amending paragraph 7#a7 to read as follows3 7#a7 ,allowance of credit 7,a7 ,in general ,there shall be allowed as a credit against any tax imposed by this title 7other than chapters #b1 #ba1 and #bb7 an amount equal to the sum of-- 7i7 #a per wine gallon on the first #cj1jjj wine gallons of wine1 plus 7ii7 #ij cents per wine gallon on the first #ajj1jjj wine gallons of wine to which clause 7i7 does not apply1 plus 7iii7 #ec4e cents per wine gallon on the first #fbj1jjj wine gallons of wine to which clauses 7i7 and 7ii7 do not apply1 which are produced by the producer and removed during the calendar year for consumption or sale1 or which are imported by the importer into the ,united ,states during the calendar year4 7,b7 ,adjustment of credit for hard cider ,in the case of wine described in subsection 7b77#f71 subparagraph 7,a7 of this paragraph shall be applied-- 7i7 in clause 7i7 of such subparagraph1 by substituting #f4b cents for #a1 7ii7 in clause 7ii7 of such subparagraph1 by substituting #e4f cents for #ij cents1 and 7iii7 in clause 7iii7 of such subparagraph1 by substituting #c4c cents for #ec4e cents4 1 7,c7 by striking paragraphs 7#b7 and 7#h71 7,d7 by redesignating paragraphs 7#c7 through 7#f7 as paragraphs 7#b7 through 7#e71 respectively1 7,e7 by redesignating paragraph 7#i7 as paragraph 7#f71 and 7,f7 by amending paragraph 7#g7 to read as follows3 7#g7 ,regulations ,the ,secretary may prescribe such regulations as may be necessary to carry out the purposes of this subsection1 including regulations to ensure proper calculation of the credit provided in this subsection4 4 7#b7 ,allowance of credit for foreign manufacturers and importers ,section #ejda7;c71 as amended by paragraph 7#a71 is amended-- 7,a7 in paragraph 7#a77;,a71 by inserting but only if the importer is an electing importer under paragraph 7#f7 and the wine gallons of wine have been assigned to the importer pursuant to such paragraph after into the ,united ,states during the calendar year1 and 7,b7 in paragraph 7#f7-- 7i7 in subparagraph 7,a71 by striking paragraph 7#h7 and inserting paragraph 7#a71 7ii7 in subparagraph 7,b71 by striking ,the ,secretary and inserting ,the ,secretary of the ,treasury1 after consultation with the ,secretary of the ,department of ,homeland ,security11 and 7iii7 in subparagraph 7,c71 by striking paragraph 7#d7 and inserting paragraph 7#c74 7#c7 ,effective date ,the amendments made by this subsection shall apply to wine removed after ,december #ca1 #bjbj4 7e7 ,adjustment of alcohol content level for application of excise tax rates 7#a7 ,in general ,paragraphs 7#a7 and 7#b7 of section #ejda7;b7 are each amended by striking #ad percent and all that follows through ,january #a1 #bjba and inserting #af percent4 7#b7 ,effective date ,the amendments made by this subsection shall apply to wine removed after ,december #ca1 #bjbj4 7f7 ,definition of mead and low alcohol by volume wine 7#a7 ,in general ,section #ejda7;h7 is amended-- 7,a7 in paragraph 7#b71 by striking the ,secretary shall each place it appears and inserting the ,secretary may1 and 7,b7 by striking paragraph 7#c74 7#b7 ,effective date ,the amendments made by this subsection shall apply to wine removed after ,december #ca1 #bjbj4 7g7 ,reduced rate of excise tax on certain distilled spirits 7#a7 ,in general ,section #ejja7;c7 is amended-- 7,a7 in the heading1 by striking ,temporary reduced rate and inserting ,reduced rate1 7,b7 in paragraph 7#c77;,b71 by striking ,the ,secretary and inserting ,the ,secretary of the ,treasury1 after consultation with the ,secretary of the ,department of ,homeland ,security11 and 7,c7 by striking paragraph 7#d74 7#b7 ,effective date ,the amendments made by this subsection shall apply to distilled spirits removed after ,december #ca1 #bjbj4 7h7 ,bulk distilled spirits 7#a7 ,in general ,section #ebab is amended by striking and before ,january #a1 #bjba1 and inserting between bonded premises belonging to the same person or members of the same controlled group 7within the meaning of section #ejja7;c77#b774 7#b7 ,non-bulk transfers related to bottling or storage ,section #ebab is amended by adding at the end the following new sentence3 ,in the case of distilled spirits transferred in bond from the person who distilled or processed such distilled spirits 7hereinafter referred to as transferor7 to another person for bottling or storage of such distilled spirits1 and returned to the transferor for removal1 this section shall be applied without regard to whether distilled spirits are bulk distilled spirits1 but only if the transferor retains title during the entire period between such distillation1 or processing1 and removal44 7#c7 ,effective date ,the amendments made by this subsection shall apply to distilled spirits transferred in bond after ,december #ca1 #bjbj4 7i7 ,simplification of rules regarding records1 statements1 and returns 7#a7 ,in general ,section #eeee7;a7 is amended by striking ,for calendar quarters beginning after the date of the enactment of this sentence1 and before ,january #a1 #bjba1 the ,secretary and inserting ,the ,secretary4 7#b7 ,effective date ,the amendment made by this subsection shall apply to calendar quarters beginning after ,december #ca1 #bjbj4 #ajg4 ,refunds in lieu of reduced rates for certain craft beverages produced outside the ,united ,states 7a7 ,distilled spirits 7#a7 ,in general ,section #ejja7;c71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following new paragraph3 7#d7 ,refunds in lieu of reduced rates for foreign production removed after ,december #ca1 #bjbb 7,a7 ,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 ,states1 if such proof gallons of distilled spirits are removed after ,december #ca1 #bjbb-- 7i7 paragraph 7#a7 shall not apply1 and 7ii7 the amount determined under subparagraph 7,b7 shall be allowed as a refund1 determined for periods not less frequently than quarterly1 to the importer in the same manner as if such amount were an overpayment of tax imposed by this section4 7,b7 ,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-- 7i7 the excess 7if any7 of-- 7,i7 the amount of tax imposed under this subpart on proof gallons of distilled spirits referred to in subparagraph 7,a7 which were removed during such period1 over 7,,ii7 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 paragraph1 plus 7ii7 the amount of interest which would be allowed and paid on an overpayment of tax at the overpayment rate established under section #ffba7;a77#a7 7without regard to the second sentence thereof7 were such rate applied to the excess 7if any7 determined under clause 7i7 for the number of days in the filing period for which the refund under this paragraph is being determined4 7,c7 ,application of rules related to elections and assignments ,subparagraph 7,a77ii7 shall apply only if the importer is an electing importer under paragraph 7#c7 and the proof gallons of distilled spirits have been assigned to the importer pursuant to such paragraph4 7,d7 ,rules for refunds within #ij days ,for purposes of refunds allowed under this paragraph1 section #ffaa7;e7 shall be applied by substituting #ij days for #de days each place it appears4 4 7#b7 ,coordination with determination for cover over to ,puerto ,rico and ,virgin ,islands 7,a7 ,in general ,section #gfeb is amended by adding at the end the following new subsection3 7i7 ,determination of taxes collected ,for purposes of subsections 7a77#c71 7b77#c71 and 7e77#a71 refunds under section #ejja7;c77#d7 shall not be taken into account as a refund1 and the amount of taxes imposed by and collected under section #ejja7;a77#a7 shall be determined without regard to section #ejja7;c74 4 7,b7 ,conforming amendment ,section #gfeb7;e7 is amended by striking paragraph 7#e74 7#c7 ,effective date ,the amendments made by this subsection shall apply to distilled spirits brought into the ,united ,states and removed after ,december #ca1 #bjbb4 7b7 ,beer 7#a7 ,in general ,section #ejea7;a7 is amended by adding at the end the following new paragraph3 7#f7 ,refunds in lieu of reduced rates for foreign production removed after ,december #ca1 #bjbb 7,a7 ,in general ,in the case of any barrels of beer which have been produced outside the ,united ,states and imported into the ,united ,states1 if such barrels of beer are removed after ,december #ca1 #bjbb-- 7i7 paragraph 7#a77;,a77i7 shall not apply1 and 7ii7 the amount determined under subparagraph 7,b7 shall be allowed as a refund1 determined for periods not less frequently than quarterly1 to the importer in the same manner as if such amount were an overpayment of tax imposed by this section4 7,b7 ,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-- 7i7 excess 7if any7 of-- 7,i7 the amount of tax imposed under this section on barrels of beer referred to in subparagraph 7,a7 which were removed during such period1 over 7,,ii7 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 paragraph1 plus 7ii7 the amount of interest which would be allowed and paid on an overpayment of tax at the overpayment rate established under section #ffba7;a77#a7 7without regard to the second sentence thereof7 were such rate applied to the excess 7if any7 determined under clause 7i7 for the number of days in the filing period for which the refund under this paragraph is being determined4 7,c7 ,application of rules related to elections and assignments ,subparagraph 7,a77ii7 shall apply only if the importer is an electing importer under paragraph 7#d7 and the barrels of beer have been assigned to the importer pursuant to such paragraph4 7,d7 ,rules for refunds within #ij days ,for purposes of refunds allowed under this paragraph1 section #ffaa7;e7 shall be applied by substituting #ij days for #de days each place it appears4 4 7#b7 ,effective date ,the amendment made by this subsection shall apply to beer removed after ,december #ca1 #bjbb4 7c7 ,wine 7#a7 ,in general ,section #ejda7;c71 as amended by the preceding provisions of this ,act1 is amended by redesignating paragraph 7#g7 as paragraph 7#h7 and by inserting after paragraph 7#f7 the following new paragraph3 7#g7 ,refunds in lieu of tax credits for foreign production removed after ,december #ca1 #bjbb 7,a7 ,in general ,in the case of any wine gallons of wine which have been produced outside the ,united ,states and imported into the ,united ,states1 if such wine gallons are removed after ,december #ca1 #bjbb-- 7i7 paragraph 7#a7 shall not apply1 and 7ii7 the amount determined under subparagraph 7,b7 shall be allowed as a refund1 determined for periods not less frequently than quarterly1 to the importer in the same manner as if such amount were an overpayment of tax imposed by this section4 7,b7 ,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-- 7i7 excess 7if any7 of-- 7,i7 the amount of tax imposed under this section on wine gallons of wine referred to in subparagraph 7,a7 which were removed during such period1 over 7,,ii7 the amount of tax which would have been imposed under this section 7including any allowable credits7 on such gallons of wine if this section were applied without regard to this paragraph1 plus 7ii7 the amount of interest which would be allowed and paid on an overpayment of tax at the overpayment rate established under section #ffba7;a77#a7 7without regard to the second sentence thereof7 were such rate applied to the excess 7if any7 determined under clause 7i7 for the number of days in the filing period for which the refund under this paragraph is being determined4 7,c7 ,application of rules related to elections and assignments ,subparagraph 7,a77ii7 shall apply only if the importer is an electing importer under paragraph 7#f7 and the wine gallons of wine have been assigned to the importer pursuant to such paragraph4 7,d7 ,rules for refunds within #ij days ,for purposes of refunds allowed under this paragraph1 section #ffaa7;e7 shall be applied by substituting #ij days for #de days each place it appears4 4 7#b7 ,effective date ,the amendments made by this subsection shall apply to wine removed after ,december #ca1 #bjbb4 7d7 ,information reporting in case of assignment of lower rates or refunds by foreign producers of beer1 wine1 and distilled spirits 7#a7 ,in general ,subpart ,a of part ,,iii of subchapter ,a of chapter #fa is amended by inserting after section #fjch;,d the following new section3 #fjch;,e4 ,information with respect to assignment of lower rates or refunds by foreign producers of beer1 wine1 and distilled spirits ,any foreign producer that elects to make an assignment described in section #ejja7;c71 #ejda7;c71 or #ejea7;a7 shall provide such information1 at such time and in such manner1 as the ,secretary may prescribe in order to make such assignment1 including information about the controlled group structure of such foreign producer4 4 7#b7 ,clerical amendment ,table of sections for subpart ,a of part ,,iii of subchapter ,a of chapter #fa is amended by inserting after the item relating to section #fjch;,d the following new item3 ,sec4 #fjch;,e4 ,information with respect to assignment of lower rates or refunds by foreign producers of beer1 wine1 and distilled spirits4 4 7#c7 ,effective date ,the amendments made by this subsection shall apply to elections to make an assignment under section #ejja7;c71 #ejda7;c71 or #ejea7;a7 of the ,internal ,revenue ,code of #aihf after ,december #ca1 #bjbj4 7e7 ,administration of refunds ,the ,secretary of the ,treasury 7or the ,secretary's delegate within the ,department of the ,treasury7 shall implement and administer sections #ejja7;c77#d71 #ejda7;c77#g71 and #ejea7;a77#f7 of the ,internal ,revenue ,code of #aihf1 as added by this ,act1 in coordination with the ,united ,states ,customs and ,border ,protection of the ,department of ,homeland ,security4 7f7 ,regulations ,the ,secretary of the ,treasury 7or the ,secretary's delegate within the ,department of the ,treasury7 shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section1 including regulations to require foreign producers to provide information necessary to enforce the volume limitations under sections #ejja7;c71 #ejda7;c71 and #ejea7;a7 of such ,code4 7g7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,treasury 7or the ,secretary's delegate within the ,department of the ,treasury7 shall1 in coordination with the ,united ,states ,customs and ,border ,protection of the ,department of ,homeland ,security1 prepare1 submit to ,congress1 and make publicly available a report detailing the plans for implementing and administering sections #ejja7;c77#d71 #ejda7;c77#g71 and #ejea7;a77#f7 of such ,code1 as added by this ,act4 #ajh4 ,reduced rates not allowed for smuggled or illegally produced beer1 wine1 and spirits 7a7 ,in general ,subpart ,e of part ,i of subchapter ,a of chapter #ea is amended by redesignating section #ejfg as section #ejfh and by inserting after section #ejff the following new section3 #ejfg4 ,reduced rates not allowed for smuggled or illegally produced beer1 wine1 or spirits ,in the case of beer1 wine1 or distilled spirits that are smuggled into the ,united ,states or produced other than as authorized by this chapter-- 7#a7 the rates of tax under paragraphs 7#a77;,a77i7 and 7#b7 of section #ejea7;a7 shall not apply in the case of any such beer1 7#b7 the credit under section #ejda7;c7 shall not apply in the case of any such wine1 and 7#c7 the rates of tax under section #ejja7;c7 shall not apply in the case of any such distilled spirits4 4 7b7 ,clerical amendment ,the table of sections for subpart ,e of part ,i of subchapter ,a of chapter #ea is amended by striking the last item and inserting the following new items3 ,sec4 #ejfg4 ,reduced rates not allowed for illegally produced beer1 wine1 or spirits4 ,sec4 #ejfh4 ,cross reference4 4 7c7 ,effective date ,the amendments made by this section shall apply to beer1 wine1 or distilled spirits1 as the case may be1 produced after the date of the enactment of this ,act4 #aji4 ,minimum processing requirements for reduced distilled spirits rates 7a7 ,in general ,section #ejja7;c71 as amended by the preceding provisions of this ,act1 is amended by adding at the end the following3 7#e7 ,processed distilled spirits ,a distilled spirit shall not be treated as processed for purposes of this subsection unless a process described in section #ejjb7;a77#e77;,a7 7other than bottling7 is performed with respect to such distilled spirit4 4 7b7 ,effective date ,the amendment made by this section shall apply to distilled spirits removed after ,december #ca1 #bjba4 #aaj4 ,modification of single taxpayer rules 7a7 ,beer ,section #ejea7;a77#e77;,c7 is amended by striking marketed under a similar brand1 license and inserting under a license4 7b7 ,wine ,for single taxpayer rules relating to wine1 see cross reference under section #ejda7;c77#c7 of the ,internal ,revenue ,code of #aihf1 as redesignated by this ,act4 7c7 ,distilled spirits 7#a7 ,in general ,section #ejja7;c77#b77;,d7 is amended by striking marketed under a similar brand1 license and inserting under a license4 7#b7 ,application to processors ,section #ejja7;c77#b77;,d7 is further amended by inserting or process after that produce4 7d7 ,effective date ,the amendments made by this section shall apply to beer1 wine1 and distilled spirits removed after ,december #ca1 #bjbj4 ,b ,certain provisions extended through #bjbe #aaa4 ,look-thru rule for related controlled foreign corporations 7a7 ,in general ,section #ied7;c77#f77;,c7 is amended by striking ,january #a1 #bjba and inserting ,january #a1 #bjbf4 7b7 ,effective date ,the amendment made by this section shall apply to taxable years of foreign corporations beginning after ,december #ca1 #bjbj1 and to taxable years of ,united ,states shareholders with or within which such taxable years of foreign corporations end4 #aab4 ,new markets tax credit 7a7 ,in general ,section #de;,d7f77#a77;,h7 is amended by striking #bjbj and inserting for each of calendar years #bjbj through #bjbe4 7b7 ,carryover of unused limitation ,section #de;,d7f77#c7 is amended by striking #bjbe and inserting #bjcj4 7c7 ,effective date ,the amendments made by this section shall apply to calendar years beginning after ,december #ca1 #bjbj4 #aac4 ,work opportunity credit 7a7 ,in general ,section #ea7;c77#d7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjbe4 7b7 ,effective date ,the amendment made by this section shall apply to individuals who begin work for the employer after ,december #ca1 #bjbj4 #aad4 ,exclusion from gross income of discharge of qualified principal residence indebtedness 7a7 ,in general ,section #ajh7;a77#a77;,e7 is amended by striking ,january #a1 #bjba both places it appears and inserting ,january #a1 #bjbf4 7b7 ,modification of maximum acquisition indebtedness taken into account ,section #ajh7;h77#b7 is amended by striking #b1jjj1jjj 7 #a1jjj1jjj and inserting #gej1jjj 7 #cge1jjj4 7c7 ,effective date ,the amendments made by this section shall apply to discharges of indebtedness after ,december #ca1 #bjbj4 #aae4 #g-year recovery period for motorsports entertainment complexes 7a7 ,in general ,section #afh7;i77#ae77;,d7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjbe4 7b7 ,effective date ,the amendment made by this section shall apply to property placed in service after ,december #ca1 #bjbj4 #aaf4 ,expensing rules for certain productions 7a7 ,extension ,section #aha7;g7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjbe4 7b7 ,effective date ,the amendment made by this section shall apply to productions commencing after ,december #ca1 #bjbj4 #aag4 ,oil spill liability trust fund rate 7a7 ,in general ,section #dfaa7;f77#b7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjbe4 7b7 ,effective date ,the amendment made by this section shall apply on and after ,january #a1 #bjba4 #aah4 ,empowerment zone tax incentives 7a7 ,in general ,section #acia7;d77#a77;,a77i7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjbe4 7b7 ,termination of increase in expensing under section #agi ,section #acig;,a is amended by adding at the end the following new subsection3 7c7 ,termination ,this section shall not apply to any property placed in service in taxable years beginning after ,december #ca1 #bjbj4 4 7c7 ,termination of nonrecognition of gain on rollover of empowerment zone investments ,section #acig;,b is amended by adding at the end the following new subsection3 7c7 ,termination ,this section shall not apply to sales in taxable years beginning after ,december #ca1 #bjbj4 4 7d7 ,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 7,a77i7 of section #acia7;d77#a7 of the ,internal ,revenue ,code of #aihf 7as in effect before the enactment of this ,act71 subparagraph 7,b7 of such section shall not apply with respect to such designation if1 after the date of the enactment of this section1 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 7or the ,secretary's designee7 may provide4 7e7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 #aai4 ,employer credit for paid family and medical leave 7a7 ,in general ,section #de,s7i7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjbe4 7b7 ,effective date ,the amendment made by this section shall apply to wages paid in taxable years beginning after ,december #ca1 #bjbj4 #abj4 ,exclusion for certain employer payments of student loans 7a7 ,in general ,section #abg7;c77#a77;,b7 is amended by striking ,january #a1 #bjba and inserting ,january #a1 #bjbf4 7b7 ,effective date ,the amendment made by this section shall apply to payments made after ,december #ca1 #bjbj4 #aba4 ,extension of carbon oxide sequestration credit ,section #de,q7d77#a7 is amended by striking ,january #a1 #bjbd and inserting ,january #a1 #bjbf4 ,c ,extension of certain other provisions #aca4 ,credit for electricity produced from certain renewable resources 7a7 ,in general ,the following provisions of section #de7;d7 are each amended by striking ,january #a1 #bjba each place it appears and inserting ,january #a1 #bjbb3 7#a7 ,paragraph 7#a74 7#b7 ,paragraph 7#b77;,a74 7#c7 ,paragraph 7#c77;,a74 7#d7 ,paragraph 7#d77;,b74 7#e7 ,paragraph 7#f74 7#f7 ,paragraph 7#g74 7#g7 ,paragraph 7#i74 7#h7 ,paragraph 7#aa77;,b74 7b7 ,extension of election to treat qualified facilities as energy property ,section #dh7;a77#e77;,c77ii7 is amended by striking ,january #a1 #bjba and inserting ,january #a1 #bjbb4 7c7 ,conforming amendments related to application of phaseout percentage 7#a7 ,section #de7;b77#e77;,d7 is amended by striking ,january #a1 #bjba and inserting ,january #a1 #bjbb 4 7#b7 ,section #dh7;a77#e77;,e77iv7 is amended by striking ,january #a1 #bjba and inserting ,january #a1 #bjbb 4 7d7 ,effective date ,the amendments made by this section shall take effect on ,january #a1 #bjba4 #acb4 ,extension and phaseout of energy credit 7a7 ,extensions ,section #dh is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,a77i77,,ii71 by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbd1 and 7,b7 in paragraph 7#c77;,a7-- 7i7 in clause 7ii71 by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbd1 and 7ii7 in clause 7vii71 by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbd1 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a77;,d71 by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbd1 7,b7 in paragraph 7#b77;,d71 by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbd1 7,c7 in paragraph 7#c77;,a77iv71 by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbd1 and 7,d7 in paragraph 7#d77;,c71 by striking ,january #a1 #bjbb and inserting ,january #a1 #bjbd4 7b7 ,phaseouts 7#a7 ,solar energy property ,section #dh7;a77#f7 is amended-- 7,a7 in subparagraph 7,a7-- 7i7 by striking ,january #a1 #bjbb1 the energy percentage and inserting ,january #a1 #bjbd1 the energy percentage1 7ii7 in clause 7i71 by striking ,january #a1 #bjba and inserting ,january #a1 #bjbc1 and 7iii7 in clause 7ii71 by striking after ,december #ca1 #bjbj1 and before ,january #a1 #bjbb and inserting after ,december #ca1 #bjbb1 and before ,january #a1 #bjbd1 and 7,b7 in subparagraph 7,b71 by striking begins before ,january #a1 #bjbb1 and which is not placed in service before ,january #a1 #bjbd and inserting begins before ,january #a1 #bjbd1 and which is not placed in service before ,january #a1 #bjbf 4 7#b7 ,fiber-optic solar1 qualified fuel cell1 and qualified small wind energy property ,section #dh7;a77#g7 is amended-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7i71 by striking ,january #a1 #bjba and inserting ,january #a1 #bjbc1 and 7ii7 in clause 7ii71 by striking after ,december #ca1 #bjbj1 and before ,january #a1 #bjbb and inserting after ,december #ca1 #bjbb1 and before ,january #a1 #bjbd1 and 7,b7 in subparagraph 7,b71 by striking ,january #a1 #bjbd and inserting ,january #a1 #bjbf4 7c7 ,effective date ,the amendments made by this section shall take effect on ,january #a1 #bjbj4 #acc4 ,treatment of mortgage insurance premiums as qualified residence interest 7a7 ,in general ,section #afc7;h77#c77;,e77iv77,i7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjba4 7b7 ,effective date ,the amendment made by this section shall apply to amounts paid or accrued after ,december #ca1 #bjbj4 #acd4 ,credit for health insurance costs of eligible individuals 7a7 ,in general ,section #ce7;b77#a77;,b7 is amended by striking ,january #a1 #bjba and inserting ,january #a1 #bjbb4 7b7 ,effective date ,the amendment made by this section shall apply to months beginning after ,december #ca1 #bjbj4 #ace4 ,indian employment credit 7a7 ,in general ,section #de;,a7f7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjba4 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 #acf4 ,mine rescue team training credit 7a7 ,in general ,section #de,n7e7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjba4 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 #acg4 ,classification of certain race horses as #c-year property 7a7 ,in general ,section #afh7;e77#c77;,a77i7 is amended-- 7#a7 by striking ,january #a1 #bjba in subclause 7,i7 and inserting ,january #a1 #bjbb1 and 7#b7 by striking ,december #ca1 #bjbj in subclause 7,,ii7 and inserting ,december #ca1 #bjba4 7b7 ,effective date ,the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjbj4 #ach4 ,accelerated depreciation for business property on ,indian reservations 7a7 ,in general ,section #afh7;j77#i7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjba4 7b7 ,effective date ,the amendment made by this section shall apply to property placed in service after ,december #ca1 #bjbj4 #aci4 ,american ,samoa economic development credit 7a7 ,in general ,section #aai7;d7 of division ,a of the ,tax ,relief and ,health ,care ,act of #bjjf is amended-- 7#a7 by striking ,january #a1 #bjba each place it appears and inserting ,january #a1 #bjbb1 7#b7 by striking first #ae taxable years in paragraph 7#a7 and inserting first #af taxable years1 and 7#c7 by striking first #i taxable years in paragraph 7#b7 and inserting first #aj taxable years4 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 #adj4 ,second generation biofuel producer credit 7a7 ,in general ,section #dj7;b77#f77;,j77i7 is amended by striking ,january #a1 #bjba and inserting ,january #a1 #bjbb4 7b7 ,effective date ,the amendment made by this section shall apply to qualified second generation biofuel production after ,december #ca1 #bjbj4 #ada4 ,nonbusiness energy property 7a7 ,in general ,section #be;,c7g77#b7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjba4 7b7 ,effective date ,the amendment made by this section shall apply to property placed in service after ,december #ca1 #bjbj4 #adb4 ,qualified fuel cell motor vehicles 7a7 ,in general ,section #cj;,b7k77#a7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjba4 7b7 ,effective date ,the amendment made by this section shall apply to property purchased after ,december #ca1 #bjbj4 #adc4 ,alternative fuel refueling property credit 7a7 ,in general ,section #cj;,c7g7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjba4 7b7 ,effective date ,the amendment made by this section shall apply to property placed in service after ,december #ca1 #bjbj4 #add4 #b-wheeled plug-in electric vehicle credit 7a7 ,in general ,section #cj;,d7g77#c77;,e77ii7 is amended by striking ,january #a1 #bjba and inserting ,january #a1 #bjbb4 7b7 ,effective date ,the amendment made by this section shall apply to vehicles acquired after ,december #ca1 #bjbj4 #ade4 ,production credit for ,indian coal facilities 7a7 ,in general ,section #de7;e77#aj77;,a7 is amended by striking #ae-year period each place it appears and inserting #af-year period4 7b7 ,effective date ,the amendments made by this section shall apply to coal produced after ,december #ca1 #bjbj4 #adf4 ,energy efficient homes credit 7a7 ,in general ,section #de,l7g7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjba4 7b7 ,effective date ,the amendment made by this section shall apply to homes acquired after ,december #ca1 #bjbj4 #adg4 ,extension of excise tax credits relating to alternative fuels 7a7 ,in general ,sections #fdbf7;d77#e7 and #fdbf7;e77#c7 are each amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjba4 7b7 ,outlay payments for alternative fuels ,section #fdbg7;e77#f77;,c7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjba4 7c7 ,effective date ,the amendments made by this subsection shall apply to fuel sold or used after ,december #ca1 #bjbj4 #adh4 ,extension of residential energy-efficient property credit and inclusion of biomass fuel property expenditures 7a7 ,extension 7#a7 ,in general ,section #be;,d7h7 is amended by striking ,december #ca1 #bjba and inserting ,december #ca1 #bjbc4 7#b7 ,phasedown ,section #be;,d7g7 is amended-- 7,a7 by striking ,january #a1 #bjba in paragraph 7#b7 and inserting ,january #a1 #bjbc1 and 7,b7 by striking after ,december #ca1 #bjbj1 and before ,january #a1 #bjbb in paragraph 7#c7 and inserting after ,december #ca1 #bjbb1 and before ,january #a1 #bjbd4 7b7 ,qualified biomass fuel property expenditures 7#a7 ,in general ,section #be;,d7a7 is amended by striking and at the end of paragraph 7#d71 by inserting and at the end of paragraph 7#e71 and by inserting after paragraph 7#e7 the following new paragraph3 7#f7 the qualified biomass fuel property expenditures1 and 4 7#b7 ,qualified biomass fuel property expenditures defined ,section #be;,d7d7 is amended by adding at the end the following new paragraph3 7#f7 ,qualified biomass fuel property expenditure 7,a7 ,in general ,the term qualified biomass fuel property expenditure means an expenditure for property-- 7i7 which uses the burning of biomass fuel to heat a dwelling unit located in the ,united ,states and used as a residence by the taxpayer1 or to heat water for use in such a dwelling unit1 and 7ii7 which has a thermal efficiency rating of at least #ge percent 7measured by the higher heating value of the fuel74 7,b7 ,biomass fuel ,for purposes of this section1 the term biomass fuel means any plant-derived fuel available on a renewable or recurring basis4 4 7#c7 ,denial of double benefit for biomass stoves 7,a7 ,in general ,section #be;,c7d77#c7 is amended by adding and at the end of subparagraph 7,c71 by striking 1 and at the end of subparagraph 7,d7 and inserting a period1 and by striking subparagraph 7,e74 7,b7 ,conforming amendment ,section #be;,c7d7 is amended by striking paragraph 7#f74 7c7 ,effective date 7#a7 ,extension ,the amendments made by subsection 7a7 shall apply to property placed in service after ,december #ca1 #bjbj4 7#b7 ,qualified biomass fuel property expenditures ,the amendments made by subsection 7b7 shall apply to expenditures paid or incurred in taxable years beginning after ,december #ca1 #bjbj4 #adi4 ,black lung disability trust fund excise tax 7a7 ,in general ,section #daba7;e77#b77;,a7 is amended by striking ,december #ca1 #bjbj and inserting ,december #ca1 #bjba4 7b7 ,effective date ,the amendment made by this section shall apply to sales after ,december #ca1 #bjbj4 ,,ii ,other provisions #bja4 ,minimum low-income housing tax credit rate 7a7 ,in general ,subsection 7b7 of section #db is amended-- 7#a7 by redesignating paragraph 7#c7 as paragraph 7#d71 and 7#b7 by inserting after paragraph 7#b7 the following new paragraph3 7#c7 ,minimum credit rate ,in the case of any new or existing building to which paragraph 7#b7 does not apply and which is placed in service by the taxpayer after ,december #ca1 #bjbj1 the applicable percentage shall not be less than #d percent4 4 7b7 ,effective date ,the amendments made by this section shall apply to-- 7#a7 any building which receives an allocation of housing credit dollar amount after ,december #ca1 #bjbj1 and 7#b7 in the case of any building any portion of which is financed with an obligation described in section #db7;h77#d77;,a71 any such building if any such obligation which so finances such building is issued after ,december #ca1 #bjbj4 #bjb4 ,depreciation of certain residential rental property over #cj-year period ,section #acbjd7;b7 of ,public ,law #aae-ig is amended-- 7#a7 in paragraph 7#a71 by striking paragraph 7#b7 and inserting paragraphs 7#b7 and 7#c71 and 7#b7 by adding at the end the following3 7#c7 ,certain residential rental property ,in the case of any residential rental property-- 7,a7 which was placed in service before ,january #a1 #bjah1 7,b7 which is held by an electing real property trade or business 7as defined in section #afc7;j77#g77;,b7 of the ,internal ,revenue ,code of #aihf71 and 7,c7 for which subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e7 of section #afh7;g77#a7 of the ,internal ,revenue ,code of #aihf did not apply prior to such date1 the amendments made by subsection 7a77#c77;,c7 shall apply to taxable years beginning after ,december #ca1 #bjag4 4 #bjc4 ,waste energy recovery property eligible for energy credit 7a7 ,in general ,section #dh7;a77#c77;,a7 is amended by striking or at the end of clause 7vi71 by inserting or at the end of clause 7vii71 and by adding at the end the following new clause3 7viii7 waste energy recovery property1 4 7b7 ,application of #cj percent credit ,section #dh7;a77#b77;,a77i7 is amended by striking and at the end of subclause 7,,iii7 and by adding at the end the following new subclause3 7,v7 waste energy recovery property1 and 4 7c7 ,application of phaseout ,section #dh7;a77#g7 is amended-- 7#a7 by inserting waste energy recovery property1 after qualified small wind property11 and 7#b7 by striking fiber-optic solar1 qualified fuel cell1 and qualified small wind in the heading thereof and inserting certain other4 7d7 ,definition ,section #dh7;c7 is amended by adding at the end the following new paragraphs3 7#e7 ,waste energy recovery property 7,a7 ,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 electricity4 7,b7 ,capacity limitation ,the term waste energy recovery property shall not include any property which has a capacity in excess of #ej megawatts4 7,c7 ,no double benefit ,any waste energy recovery property 7determined without regard to this subparagraph7 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 section4 7,d7 ,termination ,the term waste energy recovery property shall not include any property the construction of which does not begin before ,january #a1 #bjbd4 4 7e7 ,effective date ,the amendments made by this section shall apply to periods after ,december #ca1 #bjbj1 under rules similar to the rules of section #dh7m7 as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij4 #bjd4 ,extension of energy credit for offshore wind facilities 7a7 ,in general ,section #dh7;a77#e7 is amended by adding at the end the following new subparagraph3 7,f7 ,qualified offshore wind facilities 7i7 ,in general ,in the case of any qualified offshore wind facility-- 7,i7 subparagraph 7,c77ii7 shall be applied by substituting ,january #a1 #bjbf for ,january #a1 #bjbb1 7,,ii7 subparagraph 7,e7 shall not apply1 and 7,,iii7 for purposes of this paragraph1 section #de7;d77#a7 shall be applied by substituting ,january #a1 #bjbf' for ,january #a1 #bjbb4 7ii7 ,qualified offshore wind facility ,for purposes of this subparagraph1 the term qualified offshore wind facility means a qualified facility 7within the meaning of section #de7 described in paragraph 7#a7 of section #de7;d7 7determined without regard to any date by which the construction of the facility is required to begin7 which is located in the inland navigable waters of the ,united ,states or in the coastal waters of the ,united ,states4 4 7b7 ,effective date ,the amendment made by this section shall apply to periods after ,december #ca1 #bjaf1 under rules similar to the rules of section #dh7m7 of the ,internal ,revenue ,code of #aihf 7as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij74 #bje4 ,minimum rate of interest for certain determinations related to life insurance contracts 7a7 ,modification of minimum rate for purposes of cash value accumulation test 7#a7 ,in general ,section #ggjb7;b77#b77;,a7 is amended by striking an annual effective rate of #d percent and inserting the applicable accumulation test minimum rate4 7#b7 ,applicable accumulation test minimum rate ,section #ggjb7;b7 is amended by adding at the end the following new paragraph3 7#c7 ,applicable accumulation test minimum rate ,for purposes of paragraph 7#b77;,a71 the term applicable accumulation test minimum rate means the lesser of-- 7,a7 an annual effective rate of #d percent1 or 7,b7 the insurance interest rate 7as defined in subsection 7f77#aa77 in effect at the time the contract is issued4 4 7b7 ,modification of minimum rate for purposes of guideline premium requirements 7#a7 ,in general ,section #ggjb7;c77#c77;,b77iii7 is amended by striking an annual effective rate of #f percent and inserting the applicable guideline premium minimum rate4 7#b7 ,applicable guideline premium minimum rate ,section #ggjb7;c77#c7 is amended by adding at the end the following new subparagraph3 7,e7 ,applicable guideline premium minimum rate ,for purposes of subparagraph 7,b77iii71 the term applicable guideline premium minimum rate means the applicable accumulation test minimum rate 7as defined in subsection 7b77#c77 plus #b percentage points4 4 7c7 ,application of modified minimum rates to determination of guideline level premium ,section #ggjb7;c77#d7 is amended-- 7#a7 by striking #d percent and inserting the applicable accumulation test minimum rate1 and 7#b7 by striking #f percent and inserting the applicable guideline premium minimum rate4 7d7 ,insurance interest rate ,section #ggjb7;f7 is amended by adding at the end the following new paragraph3 7#aa7 ,insurance interest rate ,for purposes of this section-- 7,a7 ,in general ,the term insurance interest rate means1 with respect to any contract issued in any calendar year1 the lesser of-- 7i7 the section #ggjb valuation interest rate for such calendar year 7or1 if such calendar year is not an adjustment year1 the most recent adjustment year71 or 7ii7 the section #ggjb applicable ,federal interest rate for such calendar year 7or1 if such calendar year is not an adjustment year1 the most recent adjustment year74 7,b7 ,section #ggjb valuation interest rate ,the term section #ggjb valuation interest rate means1 with respect to any adjustment year1 the prescribed ,u4,s4 valuation interest rate for life insurance with guaranteed durations of more than #bj years 7as defined in the ,national ,association of ,insurance ,commissioners' ,standard ,valuation ,law7 as effective in the calendar year immediately preceding such adjustment year4 7,c7 ,section #ggjb applicable ,federal interest rate ,the term section #ggjb applicable ,federal interest rate means1 with respect to any adjustment year1 the average 7rounded to the nearest whole percentage point7 of the applicable ,federal mid-term rates 7as defined in section #abgd7;d7 but based on annual compounding7 effective as of the beginning of each of the calendar months in the most recent #fj-month period ending before the second calendar year prior to such adjustment year4 7,d7 ,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 ,u4,s4 valuation interest rate for life insurance with guaranteed durations of more than #bj years 7as defined in the ,national ,association of ,insurance ,commissioners' ,standard ,valuation ,law74 7,e7 ,transition rule ,notwithstanding subparagraph 7,a71 the insurance interest rate shall be #b percent in the case of any contract which is issued during the period that-- 7i7 begins on ,january #a1 #bjba1 and 7ii7 ends immediately before the beginning of the first adjustment year that beings after ,december #ca1 #bjba4 4 7e7 ,effective date ,the amendments made by this section shall apply to contracts issued after ,december #ca1 #bjbj4 #bjf4 ,clarifications and technical improvements to ,,cares ,act employee retention credit 7a7 ,gross receipts of tax-exempt organizations ,section #bcja7;c77#b77;,c7 of the ,,cares ,act is amended-- 7#a7 by striking of such ,code1 clauses 7i7 and 7ii77,i7 and inserting of such ,code-- 7i7 clauses 7i7 and 7ii77,i7 1 7#b7 by striking the period at the end and inserting 1 and1 and 7#c7 by adding at the end the following new clause3 7ii7 any reference in this section to gross receipts shall be treated as a reference to gross receipts within the meaning of section #fjcc of such ,code4 4 7b7 ,modification of treatment of health plan expenses ,section #bcja7;c7 of the ,,cares ,act is amended-- 7#a7 by striking subparagraph 7,c7 of paragraph 7#c71 and 7#b7 in paragraph 7#e7-- 7,a7 by striking ,the term and inserting the following3 7,a7 ,in general ,the term 1 and 7,b7 by adding at the end the following new subparagraph3 7,b7 ,allowance for certain health plan expenses 7i7 ,in general ,such term shall include amounts paid by the eligible employer to provide and maintain a group health plan 7as defined in section #ejjj7;b77#a7 of the ,internal ,revenue ,code of #aihf71 but only to the extent that such amounts are excluded from the gross income of employees by reason of section #ajf7;a7 of such ,code4 7ii7 ,allocation rules ,for purposes of this section1 amounts treated as wages under clause 7i7 shall be treated as paid with respect to any employee 7and with respect to any period7 to the extent that such amounts are properly allocable to such employee 7and to such period7 in such manner as the ,secretary may prescribe4 ,except as otherwise provided by the ,secretary1 such allocation shall be treated as properly made if made on the basis of being pro rata among periods of coverage4 4 7c7 ,improved coordination between paycheck protection program and employee retention tax credit 7#a7 ,amendment to paycheck protection program ,section #g;,a7a77#ab7 of the ,small ,business ,act1 as redesignated1 transferred1 and amended by the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act1 is amended by adding at the end the following3 ,such payroll costs shall not include qualified wages taken into account in determining the credit allowed under section #bcja of the ,,cares ,act or qualified wages taken into account in determining the credit allowed under subsection 7a7 or 7d7 of section #cjc of the ,taxpayer ,certainty and ,disaster ,relief ,act of #bjbj44 7#b7 ,amendments to employee retention tax credit 7,a7 ,in general ,section #bcja7;g7 of the ,,cares ,act is amended to read as follows3 7g7 ,election to not take certain wages into account 7#a7 ,in general ,this section shall not apply to so much of the qualified wages paid by an eligible employer as such employer elects 7at such time and in such manner as the ,secretary may prescribe7 to not take into account for purposes of this section4 7#b7 ,coordination with paycheck protection program ,the ,secretary1 in consultation with the ,administrator of the ,small ,business ,administration1 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 7#a7 to the extent that a covered loan of the eligible employer is not forgiven by reason of a decision under section #g;,a7g7 of the ,small ,business ,act4 ,terms used in the preceding sentence which are also used in section #g;,a of the ,small ,business ,act shall have the same meaning as when used in such section4 4 7,b7 ,conforming amendments 7i7 ,section #bcja of the ,,cares ,act is amended by striking subsection 7j74 7ii7 ,section #bcja7l7 of the ,,cares ,act is amended by striking paragraph 7#c7 and by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#c7 and 7#d71 respectively4 7d7 ,regulations and guidance ,section #bcja7l7 of the ,,cares ,act1 as amended by subsection 7c77#b77;,b77ii71 is amended by striking and at the end of paragraph 7#c71 by striking the period at the end of paragraph 7#d7 and inserting 1 and1 and by adding at the end the following new paragraph3 7#e7 to prevent the avoidance of the purposes of the limitations under this section1 including through the leaseback of employees4 4 7e7 ,effective date 7#a7 ,in general ,the amendments made by this section shall take effect as if included in the provisions of the ,,cares ,act to which they relate4 7#b7 ,special rule 7,a7 ,in general ,for purposes of section #bcja of the ,,cares ,act1 an employer who has filed a return of tax with respect to applicable employment taxes 7as defined in section #bcja7;c77#a7 of division ,a of such ,act7 before the date of the enactment of this ,act may elect 7in such manner as the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall prescribe7 to treat any applicable amount as an amount paid in the calendar quarter which includes the date of the enactment of this ,act4 7,b7 ,applicable amount ,for purposes of subparagraph 7,a71 the term applicable amount means the amount of wages which-- 7i7 are-- 7,i7 described in section #bcja7;c77#e77;,b7 of the ,,cares ,act1 as added by the amendments made by subsection 7b71 or 7,,ii7 permitted to be treated as qualified wages under guidance issued pursuant to section #bcja7;g77#b7 of the ,,cares ,act 7as added by subsection 7c771 and 7ii7 were-- 7,i7 paid in a calendar quarter beginning after ,december #ca1 #bjai1 and before ,october #a1 #bjbj1 and 7,,ii7 not taken into account by the taxpayer in calculating the credit allowed under section #bcja7;a7 of division ,a of such ,act for such calendar quarter4 #bjg4 ,extension and modification of employee retention and rehiring tax credit 7a7 ,extension 7#a7 ,in general ,section #bcja7m7 of the ,,cares ,act is amended by striking ,january #a1 #bjba and inserting ,july #a1 #bjba4 7#b7 ,conforming amendment ,section #bcja7;c77#b77;,a77i7 of the ,,cares ,act is amended by striking during calendar year #bjbj and inserting during the calendar quarter for which the credit is determined under subsection 7a74 7b7 ,increase in credit percentage ,section #bcja7;a7 of the ,,cares ,act is amended by striking #ej percent and inserting #gj percent4 7c7 ,increase in per employee limitation ,section #bcja7;b77#a7 of the ,,cares ,act is amended by striking for all calendar quarters shall not exceed #aj1jjj and inserting for any calendar quarter shall not exceed #aj1jjj4 7d7 ,modifications to definition of eligible employer 7#a7 ,decrease in reduction in gross receipts necessary to qualify as eligible employer 7,a7 ,in general ,section #bcja7;c77#b77;,a77ii77,,ii7 of the ,,cares ,act is amended to read as follows3 7,,ii7 the gross receipts 7within the meaning of section #ddh7;c7 of the ,internal ,revenue ,code of #aihf7 of such employer for such calendar quarter are less than #hj percent of the gross receipts of such employer for the same calendar quarter in calendar year #bjai4 4 7,b7 ,application to employers not in existence in #bjai ,section #bcja7;c77#b77;,a7 of the ,,cares ,act1 as amended by subparagraph 7,a71 is amended by adding at the end the following new flush sentence3 ,with respect to any employer for any calendar quarter1 if such employer was not in existence as of the beginning of the same calendar quarter in calendar year #bjai1 clause 7ii77,,ii7 shall be applied by substituting #bjbj for #bjai4 4 7#b7 ,election to determine gross receipts test based on prior quarter 7,a7 ,in general ,subparagraph 7,b7 of section #bcja7;c77#b7 of the ,,cares ,act is amended to read as follows3 7,b7 ,election to use alternative quarter ,at the election of the employer-- 7i7 subparagraph 7,a77ii77,,ii7 shall be applied-- 7,i7 by substituting for the immediately preceding calendar quarter for for such calendar quarter1 and 7,,ii7 by substituting the corresponding calendar quarter in calendar year #bjai for the same calendar quarter in calendar year #bjai1 and 7ii7 the last sentence of subparagraph 7,a7 shall be applied by substituting the corresponding calendar quarter in calendar year #bjai for the same calendar quarter in calendar year #bjai4 ,an election under this subparagraph shall be made at such time and in such manner as the ,secretary shall prescribe4 4 7,b7 ,conforming amendment ,section #bcja7l7 of the ,,cares ,act1 as amended by section #bjf1 is amended by inserting and at the end of paragraph 7#c71 by striking paragraph 7#d71 and by redesignating paragraph 7#e7 as paragraph 7#d74 7#c7 ,application to certain governmental employers 7,a7 ,in general ,section #bcja7;f7 of the ,,cares ,act is amended-- 7i7 by striking ,this and inserting the following3 7#a7 ,in general ,this 1 and 7ii7 by adding at the end the following new paragraph3 7#b7 ,exception ,paragraph 7#a7 shall not apply to-- 7,a7 any organization described in section #eja7;c77#a7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code1 or 7,b7 any entity described in paragraph 7#a7 if -- 7i7 such entity is a college or university1 or 7ii7 the principal purpose or function of such entity is providing medical or hospital care4 ,in the case of any entity described in subparagraph 7,b71 such entity shall be treated as satisfying the requirements of subsection 7c77#b77;,a77i74 4 7,b7 ,conforming amendment ,section #bcja7;c77#e77;,a7 of the ,,cares ,act1 as amended by section #bjf7;b77#b71 is amended by adding at the end the following new sentence3 ,for purposes of the preceding sentence1 in the case of any organization or entity described in subsection 7f77#b71 wages as defined in section #caba7;a7 of the ,internal ,revenue ,code of #aihf shall be determined without regard to paragraphs 7#e71 7#f71 7#g71 7#aj71 and 7#ac7 of section #caba7;b7 of such ,code 7except with respect to services performed in a penal institution by an inmate thereof744 7e7 ,modification of determination of qualified wages 7#a7 ,modification of threshold for treatment as a large employer ,section #bcja7;c77#c77;,a7 of the ,,cares ,act is amended by striking #ajj each place it appears in clauses 7i7 and 7ii7 and inserting #ejj4 7#b7 ,elimination of limitation ,section #bcja7;c77#c7 of the ,,cares ,act is amended-- 7,a7 by striking subparagraph 7,b71 and 7,b7 by striking ,such term in the second sentence of subparagraph 7,a7 and inserting the following3 7,b7 ,exception ,the term qualified wages 4 7f7 ,denial of double benefit ,section #bcja7;h7 of the ,,cares ,act is amended-- 7#a7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,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 #da1 #de;,a1 #de,p1 #de,s1 #ea1 and #acif of the ,internal ,revenue ,code of #aihf4 4 7#b7 by redesignating paragraph 7#c7 as paragraph 7#b74 7g7 ,advance payments 7#a7 ,in general ,section #bcja of the ,,cares ,act1 as amended by section #bjf7;c77#b77;,b77i71 is amended by inserting after subsection 7i7 the following new subsection3 7j7 ,advance payments 7#a7 ,in general ,except as provided in paragraph 7#b71 no advance payment of the credit under subsection 7a7 shall be allowed4 7#b7 ,advance payments to small employers 7,a7 ,in general ,under rules provided by the ,secretary1 an eligible employer for which the average number of full-time employees 7within the meaning of section #dihj;,h of the ,internal ,revenue ,code of #aihf7 employed by such eligible employer during #bjai was not greater than #ejj may elect for any calendar quarter to receive an advance payment of the credit under subsection 7a7 for such quarter in an amount not to exceed #gj percent of the average quarterly wages paid by the employer in calendar year #bjai4 7,b7 ,special rule for seasonal employers ,in the case of any employer who employs seasonal workers 7as defined in section #de,r7d77#e77;,b7 of the ,internal ,revenue ,code of #aihf71 the employer may elect to substitute the wages for the calendar quarter in #bjai which corresponds to the calendar quarter to which the election relates for the average quarterly wages paid by the employer in calendar year #bjai4 7,c7 ,special rule for employers not in existence in #bjai ,in the case of any employer that was not in existence in #bjai1 subparagraphs 7,a7 and 7,b7 shall each be applied by substituting #bjbj for #bjai each place it appears4 7#c7 ,reconciliation of credit with advance payments 7,a7 ,in general ,the amount of credit which would 7but for this subsection7 be allowed under this section shall be reduced 7but not below zero7 by the aggregate payment allowed to the taxpayer under paragraph 7#b74 ,any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section #fbac7;b77#a7 of the ,internal ,revenue ,code of #aihf4 7,b7 ,excess advance payments ,if the advance payments to a taxpayer under paragraph 7#b7 for a calendar quarter exceed the credit allowed by this section 7determined without regard to subparagraph 7,a771 the tax imposed by chapter #ba or #bb of the ,internal ,revenue ,code of #aihf 7whichever is applicable7 for the calendar quarter shall be increased by the amount of such excess4 4 7#b7 ,conforming amendments ,section #bcja7l7 of the ,,cares ,act1 as amended by section #bjf and subsection 7d77#b77;,b71 is amended-- 7,a7 by inserting as provided in subsection 7j77#b7 after subsection 7a7 in paragraph 7#a71 7,b7 by striking paragraph 7#b71 and 7,c7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#b7 and 7#c71 respectively4 7h7 ,third-party payors ,section #bcja7l7 of the ,,cares ,act1 as amended by section #bjf and subsections 7d77#b77;,b7 and 7g77#b71 is amended by adding at the end the following flush sentence3 ,any forms1 instructions1 regulations1 or guidance described in paragraph 7#b7 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 organization or other third party payor to accurately report such tax credits based on the information provided by the customer4 4 7i7 ,public awareness campaign ,section #bcja of the ,,cares ,act is amended by adding at the end the following new subsection3 7n7 ,public awareness campaign 7#a7 ,in general ,the ,secretary shall conduct a public awareness campaign1 in coordination with the ,administrator of the ,small ,business ,administration1 to provide information regarding the availability of the credit allowed under this section4 7#b7 ,outreach ,under the campaign conducted under paragraph 7#a71 the ,secretary shall-- 7,a7 provide to all employers which reported not more than #ejj 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 credit1 and 7,b7 not later than #cj days after the date of the enactment of this subsection1 provide to all employers educational materials relating to the credit allowed under this section1 including specific materials for businesses with not more than #ejj employees4 4 7j7 ,coordination with certain payroll protection program loans ,section #bcja7;g77#b7 of the ,,cares ,act1 as added by section #bjf7;c77#b77;,a71 is amended by striking section #g;,a7g7 of the ,small ,business ,act and all that follows and inserting section #g;,a7g7 of the ,small ,business ,act or the application of section #g7;a77#cg77;,j7 of the ,small ,business ,act4 ,terms used in the preceding sentence which are also used in section #g;,a7g7 or #g7;a77#cg77;,j7 of the ,small ,business ,act shall1 when applied in connection with either such section1 have the same meaning as when used in such section1 respectively44 7k7 ,effective date ,the amendments made by this section shall apply to calendar quarters beginning after ,december #ca1 #bjbj4 #bjh4 ,minimum age for distributions during working retirement 7a7 ,in general ,paragraph 7#cf7 of section #dja7;a7 is amended to read as follows3 7#cf7 ,distributions during working retirement 7,a7 ,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 #ei and who is not separated from employment at the time of such distribution4 7,b7 ,certain employees in the building and construction industry ,subparagraph 7,a7 shall be applied by substituting age #ee for age #ei in the case of a multiemployer plan described in section #dbjc7;b77#a77;,b77i7 of the ,employee ,retirement ,income ,security ,act of #aigd1 with respect to individuals who were participants in such plan on or before ,april #cj1 #bjac1 if-- 7i7 the trust to which subparagraph 7,a7 applies was in existence before ,january #a1 #aigj1 and 7ii7 before ,december #ca1 #bjaa1 at a time when the plan provided that distributions may be made to an employee who has attained age #ee and who is not separated from employment at the time of such distribution1 the plan received at least #a written determination from the ,internal ,revenue ,service that the trust to which subparagraph 7,a7 applies constituted a qualified trust under this section4 4 7b7 ,effective date ,the amendment made by this section shall apply to distributions made before1 on1 or after the date of the enactment of this ,act4 #bji4 ,temporary rule preventing partial plan termination ,a plan shall not be treated as having a partial termination 7within the meaning of #daa7;d77#c7 of the ,internal ,revenue ,code of #aihf7 during any plan year which includes the period beginning on ,march #ac1 #bjbj1 and ending on ,march #ca1 #bjba1 if the number of active participants covered by the plan on ,march #ca1 #bjba is at least #hj percent of the number of active participants covered by the plan on ,march #ac1 #bjbj4 #baj4 ,temporary allowance of full deduction for business meals 7a7 ,in general ,section #bgd7n77#b7 of the ,internal ,revenue ,code of #aihf is amended by striking or at the end of subparagraph 7,b71 by striking the period at the end of subparagraph 7,c77iv7 and inserting 1 or1 and by inserting after subparagraph 7,c7 the following new subparagraph3 7,d7 such expense is-- 7i7 for food or beverages provided by a restaurant1 and 7ii7 paid or incurred before ,january #a1 #bjbc4 4 7b7 ,effective date ,the amendments made by this section shall apply to amounts paid or incurred after ,december #ca1 #bjbj4 #baa4 ,temporary special rule for determination of earned income 7a7 ,in general ,if the earned income of the taxpayer for the taxpayer's first taxable year beginning in #bjbj is less than the earned income of the taxpayer for the preceding taxable year1 the credits allowed under sections #bd7;d7 and #cb of the ,internal ,revenue ,code of #aihf may1 at the election of the taxpayer1 be determined by substituting-- 7#a7 such earned income for the preceding taxable year1 for 7#b7 such earned income for the taxpayer's first taxable year beginning in #bjbj4 7b7 ,earned income 7#a7 ,in general ,for purposes of this section1 the term earned income has the meaning given such term under section #cb7;c7 of the ,internal ,revenue ,code of #aihf4 7#b7 ,application to joint returns ,for purposes of subsection 7a71 in the case of a joint return1 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 year4 7c7 ,special rules 7#a7 ,errors treated as mathematical error ,for purposes of section #fbac of the ,internal ,revenue ,code of #aihf1 an incorrect use on a return of earned income pursuant to subsection 7a7 shall be treated as a mathematical or clerical error4 7#b7 ,no effect on determination of gross income1 etc ,except as otherwise provided in this section1 the ,internal ,revenue ,code of #aihf shall be applied without regard to any substitution under subsection 7a74 #bab4 ,certain charitable contributions deductible by non-itemizers 7a7 ,in general ,section #agj is amended by redesignating subsection 7p7 as subsection 7q7 and by inserting after subsection 7o7 the following new subsection3 7p7 ,special rule for taxpayers who do not elect to itemize deductions ,in the case of any taxable year beginning in #bjba1 if the individual does not elect to itemize deductions for such taxable year1 the deduction under this section shall be equal to the deduction1 not in excess of #cjj 7 #fjj in the case of a joint return71 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 7determined without regard to subsections 7b77#a77;,g77ii7 and 7d77#a77 to an organization described in section #agj7;b77#a77;,a7 and not-- 7#a7 to an organization described in section #eji7;a77#c71 or 7#b7 for the establishment of a new1 or maintenance of an existing1 donor advised fund 7as defined in section #diff7;d77#b774 4 7b7 ,penalty for underpayments attributable to overstated deduction 7#a7 ,in general ,section #fffb7;b7 is amended by inserting after paragraph 7#h7 the following3 7#i7 ,any overstatement of the deduction provided in section #agj7p74 4 7#b7 ,increased penalty ,section #fffb is amended by adding at the end the following new subsection3 7l7 ,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 #agj7p71 subsection 7a7 shall be applied with respect to such portion by substituting #ej percent for #bj percent4 4 7#c7 ,exception to approval of assessment ,section #fgea7;b77#b77;,a7 is amended by striking or #ffee and inserting #ffee1 or #fffb 7but only with respect to an addition to tax by reason of subsection 7b77#i7 thereof74 7b7 ,conforming amendments 7#a7 ,section #fc7;b7 is amended by striking and at the end of paragraph 7#b71 by striking the period at the end of paragraph 7#c7 and inserting 1 and1 and by adding at the end the following new paragraph3 7#d7 the deduction provided in section #agj7p74 4 7#b7 ,section #fc7;d7 is amended by adding and at the end of paragraph 7#a71 by striking paragraphs 7#b7 and 7#c71 and by inserting after paragraph 7#a7 the following new paragraph3 7#b7 any deduction referred to in any paragraph of subsection 7b74 4 7c7 ,repeal of superseded provisions 7#a7 ,in general ,section #fb7;a7 is amended by striking paragraph 7#bb74 7#b7 ,conforming amendment ,section #fb is amended by striking subsection 7f74 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 #bac4 ,modification of limitations on charitable contributions 7a7 ,in general ,subsections 7a77#c77;,a77i7 and 7b7 of section #bbje of the ,,cares ,act are each amended by inserting or #bjba after #bjbj4 7b7 ,conforming amendment ,the heading of section #bbje of the ,,cares ,act is amended by striking ,modification of limitations on charitable contributions during #bjbj and inserting ,temporary modification of limitations on charitable contributions4 7c7 ,effective date ,the amendments made by this section shall apply to contributions made after ,december #ca1 #bjbj4 #bad4 ,temporary special rules for health and dependent care flexible spending arrangements 7a7 ,carryover from #bjbj plan year ,for plan years ending in #bjbj1 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 #aihf merely because such plan or arrangement permits participants to carry over 7under rules similar to the rules applicable to health flexible spending arrangements7 any unused benefits or contributions remaining in any such flexible spending arrangement from such plan year to the plan year ending in #bjba4 7b7 ,carryover from #bjba plan year ,for plan years ending in #bjba1 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 #aihf merely because such plan or arrangement permits participants to carry over 7under rules similar to the rules applicable to health flexible spending arrangements7 any unused benefits or contributions remaining in any such flexible spending arrangement from such plan year to the plan year ending in #bjbb4 7c7 ,extension of grace periods1 etc 7#a7 ,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 #aihf merely because such plan or arrangement extends the grace period for a plan year ending in #bjbj or #bjba to #ab months after the end of such plan year1 with respect to unused benefits or contributions remaining in a health flexible spending arrangement or a dependent care flexible spending arrangement4 7#b7 ,post-termination reimbursements from health ,f,s,as ,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 #aihf merely because such plan or arrangement allows 7under rules similar to the rules applicable to dependent care flexible spending arrangements7 an employee who ceases participation in the plan during calendar year #bjbj or #bjba to continue to receive reimbursements from unused benefits or contributions through the end of the plan year in which such participation ceased 7including any grace period1 taking into account any modification of a grace period permitted under paragraph 7#a774 7d7 ,special carry forward rule for dependent care flexible spending arrangements where dependent aged out during pandemic 7#a7 ,in general ,in the case of any eligible employee1 section #ba7;b77#a77;,a7 of the ,internal ,revenue ,code of #aihf shall be applied by substituting age #ad for age #ac 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 7#c77;,a7 with respect to such employee during-- 7,a7 the plan year described in paragraph 7#c77;,a71 and 7,b7 in the case of an employee described in paragraph 7#c77;,b77ii71 the subsequent plan year4 7#b7 ,application to subsequent plan year limited to unused balance from preceding plan year ,paragraph 7#a77;,b7 shall only apply to so much of the amounts paid for dependent care assistance with respect to the dependents referred to in paragraph 7#c77;,b7 as does not exceed the unused balance described in paragraph 7#c77;,b77ii74 7#c7 ,eligible employee ,for purposes of this section1 the term eligible employee means any employee who-- 7,a7 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 #ca1 #bjbj1 and 7,b7 has one or more dependents 7as defined in section #aeb7;a77#a7 of the ,internal ,revenue ,code of #aihf7 who attain the age of #ac-- 7i7 during such plan year1 or 7ii7 in the case of an employee who 7after the application of this section7 has an unused balance in the employee's account under such arrangement for such plan year 7determined as of the close of the last day on which1 under the terms of the plan1 claims for reimbursement may be made with respect to such plan year71 the subsequent plan year4 7e7 ,change in election amount ,for plan years ending in #bjba1 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 #aihf merely because such plan or arrangement allows an employee to make an election to modify prospectively the amount 7but not in excess of any applicable dollar limitation7 of such employee's contributions to any such flexible spending arrangement 7without regard to any change in status74 7f7 ,definitions ,any term used in this section which is also used in section #ajf1 #abe1 or #abi of the ,internal ,revenue ,code of #aihf1 or the regulations or guidance thereunder1 shall have the same meaning as when used in such section1 regulations1 or guidance4 7g7 ,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 ,internal ,revenue ,code of #aihf merely because such plan or arrangement is amended pursuant to a provision under this section and such amendment is retroactive1 if-- 7#a7 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 effective1 and 7#b7 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 adopted4 ,,iii ,disaster tax relief #cja4 ,definitions ,for purposes of this title-- 7#a7 ,qualified disaster area 7,a7 ,in general ,the term qualified disaster area means any area with respect to which a major disaster was declared1 during the period beginning on ,january #a1 #bjbj1 and ending on the date which is #fj days after the date of the enactment of this ,act1 by the ,president under section #dja of the ,robert ,t4 ,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 #bh1 #bjai1 and on or before the date of the enactment of this ,act4 7,b7 ,,covid-#ai 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-#ai4 7#b7 ,qualified disaster zone ,the term qualified disaster zone means that portion of any qualified disaster area which was determined by the ,president1 during the period beginning on ,january #a1 #bjbj1 and ending on the date which is #fj days after the date of the enactment of this ,act1 to warrant individual or individual and public assistance from the ,federal ,government under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act by reason of the qualified disaster with respect to such disaster area4 7#c7 ,qualified disaster ,the term qualified disaster means1 with respect to any qualified disaster area1 the disaster by reason of which a major disaster was declared with respect to such area4 7#d7 ,incident period ,the term incident period means1 with respect to any qualified disaster1 the period specified by the ,federal ,emergency ,management ,agency as the period during which such disaster occurred 7except that for purposes of this title such period shall not be treated as ending after the date which is #cj days after the date of the enactment of this ,act74 #cjb4 ,special disaster-related rules for use of retirement funds 7a7 ,tax-favored withdrawals from retirement plans 7#a7 ,in general ,section #gb7t7 of the ,internal ,revenue ,code of #aihf shall not apply to any qualified disaster distribution4 7#b7 ,aggregate dollar limitation 7,a7 ,in general ,for purposes of this subsection1 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 7if any7 of-- 7i7 #ajj1jjj1 over 7ii7 the aggregate amounts treated as qualified disaster distributions received by such individual for all prior taxable years4 7,b7 ,treatment of plan distributions ,if a distribution to an individual would 7without regard to subparagraph 7,a77 be a qualified disaster distribution1 a plan shall not be treated as violating any requirement of the ,internal ,revenue ,code of #aihf merely because the plan treats such distribution as a qualified disaster distribution1 unless the aggregate amount of such distributions from all plans maintained by the employer 7and any member of any controlled group which includes the employer7 to such individual exceeds #ajj1jjj4 7,c7 ,controlled group ,for purposes of subparagraph 7,b71 the term controlled group means any group treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad of the ,internal ,revenue ,code of #aihf4 7,d7 ,special rule for individuals affected by more than one disaster ,the limitation of subparagraph 7,a7 shall be applied separately with respect to distributions made with respect to each qualified disaster4 7#c7 ,amount distributed may be repaid 7,a7 ,in general ,any individual who receives a qualified disaster distribution may1 at any time during the #c-year period beginning on the day after the date on which such distribution was received1 make #a 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 #djb7;c71 #djc7;a77#d71 #djc7;b77#h71 #djh7;d77#c71 or #deg7;e77#af71 of the ,internal ,revenue ,code of #aihf1 as the case may be4 7,b7 ,treatment of repayments of distributions from eligible retirement plans other than ,i,r,as ,for purposes of the ,internal ,revenue ,code of #aihf1 if a contribution is made pursuant to subparagraph 7,a7 with respect to a qualified disaster distribution from an eligible retirement plan other than an individual retirement plan1 then the taxpayer shall1 to the extent of the amount of the contribution1 be treated as having received the qualified disaster distribution in an eligible rollover distribution 7as defined in section #djb7;c77#d7 of such ,code7 and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within #fj days of the distribution4 7,c7 ,treatment of repayments of distributions from ,i,r,as ,for purposes of the ,internal ,revenue ,code of #aihf1 if a contribution is made pursuant to subparagraph 7,a7 with respect to a qualified disaster distribution from an individual retirement plan 7as defined by section #ggja7;a77#cg7 of such ,code71 then1 to the extent of the amount of the contribution1 the qualified disaster distribution shall be treated as a distribution described in section #djh7;d77#c7 of such ,code and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within #fj days of the distribution4 7#d7 ,definitions ,for purposes of this subsection-- 7,a7 ,qualified disaster distribution ,except as provided in paragraph 7#b71 the term qualified disaster distribution means any distribution from an eligible retirement plan made-- 7i7 on or after the first day of the incident period of a qualified disaster and before the date which is #ahj days after the date of the enactment of this ,act1 and 7ii7 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 disaster4 7,b7 ,eligible retirement plan ,the term eligible retirement plan shall have the meaning given such term by section #djb7;c77#h77;,b7 of the ,internal ,revenue ,code of #aihf4 7#e7 ,income inclusion spread over #c-year period 7,a7 ,in general ,in the case of any qualified disaster distribution1 unless the taxpayer elects not to have this paragraph apply for any taxable year1 any amount required to be included in gross income for such taxable year shall be so included ratably over the #c-taxable-year period beginning with such taxable year4 7,b7 ,special rule ,for purposes of subparagraph 7,a71 rules similar to the rules of subparagraph 7,e7 of section #djh;,a7d77#c7 of the ,internal ,revenue ,code of #aihf shall apply4 7#f7 ,special rules 7,a7 ,exemption of distributions from trustee to trustee transfer and withholding rules ,for purposes of sections #dja7;a77#ca71 #djb7;f71 and #cdje of the ,internal ,revenue ,code of #aihf1 qualified disaster distributions shall not be treated as eligible rollover distributions4 7,b7 ,qualified disaster distributions treated as meeting plan distribution requirements ,for purposes of the ,internal ,revenue ,code of #aihf1 a qualified disaster distribution shall be treated as meeting the requirements of sections #dja7k77#b77;,b77i71 #djc7;b77#g77;,a77i71 #djc7;b77#aa71 and #deg7;d77#a77;,a7 of such ,code and section #hdcc7;h77#a7 of title #e1 ,united ,states ,code1 and1 in the case of a money purchase pension plan1 a qualified disaster distribution which is an in-service withdrawal shall be treated as meeting the distribution rules of section #dja7;a7 of such ,code4 7b7 ,recontributions of withdrawals for home purchases 7#a7 ,recontributions 7,a7 ,in general ,any individual who received a qualified distribution may1 during the applicable period1 make #a or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan 7as defined in section #djb7;c77#h77;,b7 of the ,internal ,revenue ,code of #aihf7 of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section #djb7;c71 #djc7;a77#d71 #djc7;b77#h71 or #djh7;d77#c71 of such ,code1 as the case may be4 7,b7 ,treatment of repayments ,rules similar to the rules of subparagraphs 7,b7 and 7,c7 of subsection 7a77#c7 shall apply for purposes of this subsection4 7#b7 ,qualified distribution ,for purposes of this subsection1 the term qualified distribution means any distribution-- 7,a7 described in section #dja7k77#b77;,b77i77,,iv71 #djc7;b77#g77;,a77i77,v71 #djc7;b77#aa77;,b71 or #gb7t77#b77;,f71 of the ,internal ,revenue ,code of #aihf1 7,b7 which was to be used to purchase or construct a principal residence in a qualified disaster area1 but which was not so used on account of the qualified disaster with respect to such area1 and 7,c7 which was received during the period beginning on the date which is #ahj days before the first day of the incident period of such qualified disaster and ending on the date which is #cj days after the last day of such incident period4 7#c7 ,applicable period ,for purposes of this subsection1 the term applicable period means1 in the case of a principal residence in a qualified disaster area with respect to any qualified disaster1 the period beginning on the first day of the incident period of such qualified disaster and ending on the date which is #ahj days after the date of the enactment of this ,act4 7c7 ,loans from qualified plans 7#a7 ,increase in limit on loans not treated as distributions ,in the case of any loan from a qualified employer plan 7as defined under section #gb7p77#d7 of the ,internal ,revenue ,code of #aihf7 to a qualified individual made during the #ahj-;day period beginning on the date of the enactment of this ,act-- 7,a7 clause 7i7 of section #gb7p77#b77;,a7 of such ,code shall be applied by substituting #ajj1jjj for #ej1jjj1 and 7,b7 clause 7ii7 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 plan4 7#b7 ,delay of repayment ,in the case of a qualified individual 7with respect to any qualified disaster7 with an outstanding loan 7on or after the first day of the incident period of such qualified disaster7 from a qualified employer plan 7as defined in section #gb7p77#d7 of the ,internal ,revenue ,code of #aihf7-- 7,a7 if the due date pursuant to subparagraph 7,b7 or 7,c7 of section #gb7p77#b7 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 #ahj days after the last day of such incident period1 such due date shall be delayed for #a year 7or1 if later1 until the date which is #ahj days after the date of the enactment of this ,act71 7,b7 any subsequent repayments with respect to any such loan shall be appropriately adjusted to reflect the delay in the due date under subparagraph 7,a7 and any interest accruing during such delay1 and 7,c7 in determining the #e-year period and the term of a loan under subparagraph 7,b7 or 7,c7 of section #gb7p77#b7 of such ,code1 the period described in subparagraph 7,a7 of this paragraph shall be disregarded4 7#c7 ,qualified individual ,for purposes of this subsection1 the term qualified individual means any individual-- 7,a7 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 disaster1 and 7,b7 who has sustained an economic loss by reason of such qualified disaster4 7d7 ,provisions relating to plan amendments 7#a7 ,in general ,if this subsection applies to any amendment to any plan or annuity contract1 such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph 7#b77;,b77i74 7#b7 ,amendments to which subsection applies 7,a7 ,in general ,this subsection shall apply to any amendment to any plan or annuity contract which is made-- 7i7 pursuant to any provision of this section1 or pursuant to any regulation issued by the ,secretary or the ,secretary of ,labor under any provision of this section1 and 7ii7 on or before the last day of the first plan year beginning on or after ,january #a1 #bjbb1 or such later date as the ,secretary may prescribe4 ,in the case of a governmental plan 7as defined in section #dad7;d7 of the ,internal ,revenue ,code of #aihf71 clause 7ii7 shall be applied by substituting the date which is #b years after the date otherwise applied under clause 7ii74 7,b7 ,conditions ,this subsection shall not apply to any amendment unless-- 7i7 during the period-- 7,i7 beginning on the date that this section or the regulation described in subparagraph 7,a77i7 takes effect 7or in the case of a plan or contract amendment not required by this section or such regulation1 the effective date specified by the plan71 and 7,,ii7 ending on the date described in subparagraph 7,a77ii7 7or1 if earlier1 the date the plan or contract amendment is adopted71 the plan or contract is operated as if such plan or contract amendment were in effect1 and 7ii7 such plan or contract amendment applies retroactively for such period4 #cjc4 ,employee retention credit for employers affected by qualified disasters 7a7 ,in general ,for purposes of section #ch of the ,internal ,revenue ,code of #aihf1 in the case of an eligible employer1 the #bjbj qualified disaster employee retention credit shall be treated as a credit listed at the end of subsection 7b7 of such section4 ,for purposes of this subsection1 the #bjbj qualified disaster employee retention credit for any taxable year is an amount equal to #dj percent of the qualified wages with respect to each eligible employee of such employer for such taxable year4 ,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 #f1jjj 7reduced by the amount of qualified wages with respect to such employee taken into account for any prior taxable year74 7b7 ,definitions ,for purposes of this section-- 7#a7 ,eligible employer ,the term eligible employer means any employer-- 7,a7 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 zone1 and 7,b7 with respect to whom the trade or business described in subparagraph 7,a7 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 ,act1 as a result of damage sustained by reason of such qualified disaster4 7#b7 ,eligible employee ,the term eligible employee means with respect to an eligible employer an employee whose principal place of employment with such eligible employer 7determined immediately before the qualified disaster referred to in paragraph 7#a77 was in the qualified disaster zone referred to in such paragraph4 7#c7 ,qualified wages ,the term qualified wages means wages 7as defined in section #ea7;c77#a7 of the ,internal ,revenue ,code of #aihf1 but without regard to section #ccjf7;b77#b77;,b7 of such ,code7 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 7#a7 first became inoperable at the principal place of employment of the employee 7determined immediately before the qualified disaster referred to in such paragraph7 and before the earlier of-- 7,a7 the date on which such trade or business has resumed significant operations at such principal place of employment1 or 7,b7 the date which is #aej days after the last day of the incident period of the qualified disaster referred to in paragraph 7#a74 ,such term shall include wages paid without regard to whether the employee performs no services1 performs services at a different place of employment than such principal place of employment1 or performs services at such principal place of employment before significant operations have resumed4 ,such term shall not include any wages taken into account under section #bcja of the ,,cares ,act4 7c7 ,special rules 7#a7 ,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 #da1 #de;,a1 #de,p1 #de,s1 #ea1 and #acif of the ,internal ,revenue ,code of #aihf4 7#b7 ,certain other rules to apply ,for purposes of this section1 rules similar to the rules of sections #ea7;i77#a71 #eb1 and #bhj;,c7a7 of the ,internal ,revenue ,code of #aihf shall apply4 7d7 ,payroll tax credit for certain tax-exempt organizations 7#a7 ,in general ,in the case of any qualified tax-exempt organization1 there shall be allowed as a credit against the tax imposed by section #caaa7;a7 of the ,internal ,revenue ,code of #aihf on wages paid with respect to employment of all employees of the organization during the calendar quarter an amount equal to #dj percent of the qualified wages paid to eligible employees of such organization during such calendar quarter4 7#b7 ,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 #f1jjj 7reduced 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 employee74 7#c7 ,overall limitation 7,a7 ,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 #caaa7;a7 of the ,internal ,revenue ,code of #aihf on wages paid with respect to employment of all employees of such employer during such calendar quarter 7reduced by any credits allowed under subsections 7e7 and 7f7 of section #caaa of such ,code for such quarter74 7,b7 ,carryforward ,if the amount of the credit under paragraph 7#a7 exceeds the limitation of subparagraph 7,a7 for any calendar quarter1 such excess shall be carried to the succeeding calendar quarter and allowed as a credit under paragraph 7#a7 for such quarter4 7,c7 ,coordination with other payroll tax credits 7i7 ,section #gjja7;b77#c7 of the ,families ,first ,coronavirus ,response ,act is amended by inserting 1 and section #cjc7;d7 of the ,taxpayer ,certainty and ,disaster ,tax ,relief ,act of #bjbj1 after subsections 7e7 and 7f7 of section #caaa of such ,code4 7ii7 ,section #gjjc7;b77#b7 of the ,families ,first ,coronavirus ,response ,act is amended by striking and section #gjja of this ,act1 and inserting section #gjja of this ,act1 and section #cjc7;d7 of the ,taxpayer ,certainty and ,disaster ,tax ,relief ,act of #bjbj14 7iii7 ,section #bcja7;b77#b7 of the ,,cares ,act is amended by striking and sections #gjja and #gjjc of the ,families ,first ,coronavirus ,response ,act and inserting 1 sections #gjja and #gjjc of the ,families ,first ,coronavirus ,response ,act1 and section #cjc7;d7 of the ,taxpayer ,certainty and ,disaster ,tax ,relief ,act of #bjbj4 7#d7 ,definitions 7,a7 ,qualified tax-exempt organization ,for purposes of this subsection1 the term qualified tax-exempt organization means an organization described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code if such organization would be an eligible employer if the activities of such organization were an active trade or business4 7,b7 ,application of certain terms with respect to qualified tax-exempt organizations ,for purposes of this subsection1 the terms eligible employee and qualified wages shall be applied with respect to any qualified tax-exempt organization-- 7i7 by treating the activities of such organization as an active trade or business1 and 7ii7 by substituting wages 7within the meaning of subsection 7d77#d77;,c77 for wages 7as defined in section #ea7;c77#a7 of the ,internal ,revenue ,code of #aihf1 but without regard to section #ccjf7;b77#b77;,b7 of such ,code7 in subsection 7b77#c74 7,c7 ,other terms ,except as otherwise provided in this subsection1 any term used in this subsection which is also used in chapter #ba or #bb of the ,internal ,revenue ,code of #aihf shall have the same meaning as when used in such chapter4 7#e7 ,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 #bja of the ,social ,security ,act 7#db ,u4,s4,c4 #dja7 and the ,social ,security ,equivalent ,benefit ,account established under section #ae;,a7a7 of the ,railroad ,retirement ,act of #aigd 7#de ,u4,s4,c4 #bcan-#a7;a77 amounts equal to the reduction in revenues to the ,treasury by reason of this subsection 7without regard to this paragraph74 ,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 enacted4 7#f7 ,treatment of deposits ,the ,secretary shall waive any penalty under section #ffef 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 subsection4 7#g7 ,third party payors ,any credit allowed under this subsection shall be treated as a credit described in section #ceaa7;d77#b7 of such ,code4 7#h7 ,coordination with subsection 7a7 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 7a74 7#i7 ,regulations and guidance ,the ,secretary shall issue such forms1 instructions1 regulations1 and guidance as are necessary-- 7,a7 to allow the advance payment of the credit under paragraph 7#a71 subject to the limitations provided in this subsection1 based on such information as the ,secretary shall require1 7,b7 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 year1 7,c7 with respect to the application of the credit under paragraph 7#a7 to third party payors 7including professional employer organizations1 certified professional employer organizations1 or agents under section #cejd of the ,internal ,revenue ,code of #aihf71 including regulations or guidance allowing such payors to submit documentation necessary to substantiate the eligible employer status of employers that use such payors1 and 7,d7 for recapturing the benefit of credits determined under this subsection in cases where there is a subsequent adjustment to the credit determined under paragraph 7#a74 7e7 ,election to not take certain wages into account 7#a7 ,in general ,this section shall not apply to qualified wages paid by an eligible employer with respect to which such employer makes an election 7at such time and in such manner as the ,secretary may prescribe7 to have this section not apply to such wages4 7#b7 ,coordination with paycheck protection program ,the ,secretary1 in consultation with the ,administrator of the ,small ,business ,administration1 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 7#a7 to the extent that a covered loan of the eligible employer is not forgiven by reason of a decision under section #g;,a7g7 of the ,small ,business ,act4 ,terms used in the preceding sentence which are also used in section #g;,a7g7 of such ,act shall have the same meaning as when used in such section4 7f7 ,certain governmental employers 7#a7 ,in general ,the credits under this section shall not apply to the ,government of the ,united ,states1 the government of any ,state or political subdivision thereof1 or any agency or instrumentality of any of the foregoing4 7#b7 ,exception ,paragraph 7#a7 shall not apply to-- 7,a7 any organization described in section #eja7;c77#a7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code1 or 7,b7 any entity described in paragraph 7#a7 if -- 7i7 such entity is a college or university1 or 7ii7 the principal purpose or function of such entity is providing medical or hospital care4 ,an entity described in subparagraph 7,b7 shall be treated for purposes of this section in the same manner as an organization described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code4 7g7 ,amendment to paycheck protection program ,section #g;,a7a77#ab7 of the ,small ,business ,act 7as redesignated1 transferred1 and amended by the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act and as amended by section #bjf7;c7 of this division7 is amended by adding at the end the following3 ,such payroll costs shall not include qualified wages taken into account in determining the credit allowed under subsection 7a7 or 7d7 of section #cjc of the ,taxpayer ,certainty and ,disaster ,tax ,relief ,act of #bjbj44 #cjd4 ,other disaster-related tax relief provisions 7a7 ,special rules for qualified disaster relief contributions 7#a7 ,in general ,in the case of a qualified disaster relief contribution made by a corporation-- 7,a7 section #bbje7;a77#b77;,b7 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 contribution1 and 7,b7 in applying such section to such qualified disaster relief contributions1 clause 7i7 thereof shall be applied-- 7i7 by substituting #ajj percent for #be percent1 and 7ii7 by treating qualified contributions other than qualified disaster relief contributions as contributions allowed under section #agj7;b77#b7 of the ,internal ,revenue ,code of #aihf4 7#b7 ,qualified disaster relief contribution ,for purposes of this subsection1 the term qualified disaster relief contribution means any qualified contribution 7as defined in section #bbje7;a77#c7 of the ,,cares ,act7 if-- 7,a7 such contribution-- 7i7 is paid1 during the period beginning on ,january #a1 #bjbj1 and ending on the date which is #fj days after the date of the enactment of this ,act1 and 7ii7 is made for relief efforts in one or more qualified disaster areas1 7,b7 the taxpayer obtains from such organization contemporaneous written acknowledgment 7within the meaning of section #agj7;f77#h7 of such ,code7 that such contribution was used 7or is to be used7 for relief efforts described in subparagraph 7,a77ii71 and 7,c7 the taxpayer has elected the application of this subsection with respect to such contribution4 7#c7 ,cross-reference ,for the suspension of the limitation on qualified disaster relief contributions made by an individual during #bjbj1 see section #bbje7;a7 of the ,,cares ,act4 7b7 ,special rules for qualified disaster-related personal casualty losses 7#a7 ,in general ,if an individual has a net disaster loss for any taxable year-- 7,a7 the amount determined under section #afe7;h77#b77;,a77ii7 of the ,internal ,revenue ,code of #aihf shall be equal to the sum of-- 7i7 such net disaster loss1 and 7ii7 so much of the excess referred to in the matter preceding clause 7i7 of section #afe7;h77#b77;,a7 of such ,code 7reduced by the amount in clause 7i7 of this subparagraph7 as exceeds #aj percent of the adjusted gross income of the individual1 7,b7 in the case of qualified disaster-related personal casualty losses1 section #afe7;h77#a7 of such ,code shall be applied to by substituting #ejj for #ejj 7 #ajj for taxable years beginning after ,december #ca1 #bjji71 7,c7 the standard deduction determined under section #fc7;c7 of such ,code shall be increased by the net disaster loss1 and 7,d7 section #ef7;b77#a77;,e7 of such ,code shall not apply to so much of the standard deduction as is attributable to the increase under subparagraph 7,c7 of this paragraph4 7#b7 ,net disaster loss ,for purposes of this subsection1 the term net disaster loss means the excess of qualified disaster-related personal casualty losses over personal casualty gains 7as defined in section #afe7;h77#c77;,a7 of the ,internal ,revenue ,code of #aihf74 7#c7 ,qualified disaster-related personal casualty losses ,for purposes of this subsection1 the term qualified disaster-related personal casualty losses means losses described in section #afe7;c77#c7 of the ,internal ,revenue ,code of #aihf 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 relates1 and which are attributable to such qualified disaster4 #cje4 ,low-income housing tax credit 7a7 ,additional low-income housing credit allocations 7#a7 ,in general ,for purposes of section #db of the ,internal ,revenue ,code of #aihf1 the ,state housing credit ceiling for any ,state for each of calendar years #bjba and #bjbb 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 ,state4 7#b7 ,limitation 7,a7 ,application of aggregate limitation ,the increase determined under paragraph 7#a7 with respect to any ,state shall not exceed-- 7i7 in the case of any such increase determined for calendar year #bjba1 the applicable dollar limitation for such ,state1 and 7ii7 in the case of any such increase determined for calendar year #bjbb1 the applicable dollar limitation for such ,state reduced by the amount of any increase determined under paragraph 7#a7 with respect to such ,state for calendar year #bjba4 7,b7 ,applicable dollar limitation ,for purposes of this paragraph1 the term applicable dollar limitation means1 with respect to any ,state1 the lesser of-- 7i7 the product of #c4ej multiplied by the population of such ,state 7as determined for calendar year #bjbj7 which resides in qualified disaster zones in such ,state1 or 7ii7 #fe percent of the ,state housing credit ceiling for such ,state for calendar year #bjbj4 7#c7 ,extension of placed in service deadline for designated housing credit dollar amounts 7,a7 ,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 #bjba or #bjbb to a building located in a qualified disaster zone in such ,state and which is designated 7at such time and in such manner as the ,secretary may provide7 by such ,state housing credit agency as housing credit dollar amount to which this paragraph applies1 section #db7;h77#a77;,e7 of the ,internal ,revenue ,code of #aihf shall be applied-- 7i7 by substituting third calendar year for second calendar year both places it appears1 and 7ii7 by substituting #b years for #a year in clause 7ii7 thereof4 7,b7 ,application of limitation ,the aggregate amount of housing credit dollar amount designated under subparagraph 7,a7 for any calendar year by all ,state housing credit agencies of a ,state shall not exceed the amount determined under paragraph 7#b77;,a7 with respect to such ,state for such calendar year4 7#d7 ,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 #db7;h77#c77;,c7 of the ,internal ,revenue ,code of #aihf1 any increase in the ,state housing credit ceiling under paragraph 7#a7 shall be treated as an amount described in clause 7ii7 of such section4 #cjf4 ,treatment of certain possessions 7a7 ,payments to possessions with mirror code tax systems ,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 7if any7 to that possession by reason of the application of the provisions of this title4 ,such amounts shall be determined by the ,secretary of the ,treasury based on information provided by the government of the respective possession4 7b7 ,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 7if any7 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 possession4 ,the preceding sentence shall not apply unless the respective possession has a plan1 which has been approved by the ,secretary of the ,treasury1 under which such possession will promptly distribute such payments to its residents4 7c7 ,mirror code tax system ,for purposes of this section1 the term mirror code tax system means1 with respect to any possession of the ,united ,states1 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 ,states4 7d7 ,treatment of payments ,for purposes of section #acbd of title #ca1 ,united ,states ,code1 the payments under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection 7b77#b7 of such section4 ,,ff ,other ,matter ,i ,continuing ,education at ,affected ,foreign ,institutions and ,modification of ,certain ,protections for ,taxpayer ,return ,information #aja4 ,continuing education at affected foreign institutions 7a7 ,in general ,section #ceaj of the ,,cares ,act 7#bj ,u4,s4,c4 #ajja note7 is amended-- 7#a7 in subsection 7a71 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 #aife 7#bj ,u4,s4,c4 #ajgj et seq47 until the end of the covered period applicable to the institution42 7#b7 in subsection 7b71 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 #aife 7#bj ,u4,s4,c4 #ajgj et seq474 and inserting until the end of the covered period applicable to the institution42 7#c7 in subsection 7c71 by striking for the duration of the qualifying emergency and the following payment period1 and inserting until all covered periods for foreign institutions carrying out a distance education program authorized under this section have ended12 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 by striking for the duration of a qualifying emergency and the following payment period1 and inserting until the end of the covered period applicable to a foreign institution12 and 7ii7 by striking allow a foreign institution and inserting allow the foreign institution2 7,b7 in each of subparagraphs 7,a7 and 7,b7 of paragraph 7#b71 by striking subsection 7a7 and inserting paragraph 7#a72 7,c7 in paragraph 7#c77;,b71 by striking #cj days and inserting #aj days2 and 7,d7 in paragraph 7#d7-- 7i7 by striking for the duration of the qualifying emergency and the following payment period1 and inserting until all covered periods for foreign institutions that entered into written arrangements under paragraph 7#a7 have ended12 and 7ii7 by striking identifies each foreign institution that entered into a written arrangement under subsection 7a74 and inserting the following3 identifies1 for each such foreign institution-- 7,a7 the name of the foreign institution2 7,b7 the name of the institution of higher education located in the ,united ,states that has entered into a written arrangement with such foreign institution2 and 7,c7 information regarding the nature of such written arrangement1 including which coursework or program requirements are accomplished at each respective institution4 2 and 7#e7 by adding at the end the following3 7e7 ,definition of covered period 7#a7 ,in general ,in this section1 the term covered period1 when used with respect to a foreign institution of higher education1 means the period-- 7,a7 beginning on the first day of-- 7i7 a qualifying emergency2 or 7ii7 a public health emergency1 major disaster or emergency1 or national emergency declared by the applicable government authorities in the country in which the foreign institution is located2 and 7,b7 ending on the later of-- 7i7 subject to paragraph 7#b71 the last day of the payment period1 for purposes of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq471 following the end of any qualifying emergency or any emergency or disaster described in subparagraph 7,a77ii7 applicable to the foreign institution2 or 7ii7 ,june #cj1 #bjbb4 7#b7 ,special rule for certain payment periods ,for purposes of subparagraph 7,b77i71 if the following payment period for an award year ends before ,june #cj of such award year1 the covered period shall be extended until ,june #cj of such award year4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect as if included in the enactment of the ,,cares ,act 7,public ,law #aaf-acf74 #ajb4 ,disclosures to identify tax receivables not eligible for collection pursuant to qualified tax collection contracts 7a7 ,in general ,section #aajf of the ,social ,security ,act 7#db ,u4,s4,c4 #acjf7 is amended by adding at the end the following3 7g7 ,notwithstanding any other provision of this section1 the ,commissioner of ,social ,security shall enter into an agreement with the ,secretary of the ,treasury under which-- 7#a7 if the ,secretary provides the ,commissioner with the information described in section #fajc7k77#ae7 of the ,internal ,revenue ,code of #aihf with respect to any individual1 the ,commissioner shall indicate to the ,secretary as to whether such individual receives disability insurance benefits under section #bbc or supplemental security income benefits under title ,,xvi 7including ,state supplementary payments of the type referred to in section #afaf7;a7 or payments of the type described in section #bab7;a7 of ,public ,law #ic-ff72 7#b7 appropriate safeguards are included to assure that the indication described in paragraph 7#a7 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 #fcjf7;d77#c77;,e7 of the ,internal ,revenue ,code of #aihf2 and 7#c7 the ,secretary shall pay the ,commissioner of ,social ,security the full costs 7including systems and administrative costs7 of providing the indication described in paragraph 7#a74 4 7b7 ,authorization of disclosure by ,secretary of the ,treasury 7#a7 ,in general ,section #fajc7k7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#ae7 ,disclosures to ,social ,security ,administration 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 7as defined in section #fcjf7;b771 the ,secretary may disclose the taxpayer identity and date of birth of such individual to officers1 employees1 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 #fcjf7;d77#c77;,e74 4 7#b7 ,conforming amendments related to safeguards 7,a7 ,section #fajc7;a77#c7 of such ,code is amended by striking or 7#ad7 and inserting 7#ad71 or 7#ae74 7,b7 ,section #fajc7p77#d7 of such ,code is amended-- 7i7 by striking 7k77#h71 7#aj7 or 7#aa7 both places it appears and inserting 7k77#h71 7#aj71 7#aa71 or 7#ae71 and 7ii7 by striking any other person described in subsection 7k77#aj7 each place it appears and inserting any other person described in subsection 7k77#aj7 or 7#ae74 7,c7 ,section #gbac7;a77#b7 of such ,code is amended by striking 7k77#aj71 7#ac71 or 7#ad7 and inserting 7k77#aj71 7#ac71 7#ad71 or 7#ae74 7c7 ,effective date ,the amendments made by this section shall apply to disclosures made on or after the date of the enactment of this ,act4 #ajc4 ,modification of certain protections for taxpayer return information 7a7 ,amendments to the ,internal ,revenue ,code of #aihf 7#a7 ,in general ,subparagraph 7,d7 of section #fajc7l77#ac7 of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by inserting at the end of clause 7iii7 the following new sentence3 ,under such terms and conditions as may be prescribed by the ,secretary1 after consultation with the ,department of ,education1 an institution of higher education described in subclause 7,i7 or a ,state higher education agency described in subclause 7,,ii7 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 application1 award1 and administration of such financial aid41 and 7,b7 by adding at the end the following3 7iv7 ,redisclosure to ,office of ,inspector ,general1 independent auditors1 and contractors ,any return information which is redisclosed under clause 7iii7-- 7,i7 may be further disclosed by persons described in subclauses 7,i71 7,,ii71 or 7,,iii7 of clause 7iii7 or persons designated in the last sentence of clause 7iii7 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 received1 and 7,,ii7 may be further disclosed by persons described in subclauses 7,i71 7,,ii71 or 7,,iii7 of clause 7iii7 to contractors of such entities1 but only to the extent necessary in carrying out the purposes described in such clause 7iii74 7v7 ,redisclosure to family members ,in addition to the purposes for which information is disclosed and used under subparagraphs 7,a7 and 7,c71 or redisclosed under clause 7iii71 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 7#a7 or 7#b7 of section #did7;a7 of the ,higher ,education ,act of #aife1 as the case may be1 for disclosure related to the income-contingent or income-based repayment plan under subparagraph 7,a7 or the eligibility for1 and amount of1 ,federal student financial aid described in subparagraph 7,c74 7vi7 ,redisclosure of ,,fafsa information ,return information received under subparagraph 7,c7 may be redisclosed in accordance with subsection 7c7 of section #did of the ,higher ,education ,act of #aife as in effect on the date of enactment of the ,consolidated ,appropriations ,act1 #bjba to carry out the purposes specified in such subsection4 4 7#b7 ,conforming amendment ,subparagraph 7,f7 of section #fajc7l77#ac7 of such ,code is amended by inserting 1 and any redisclosure authorized under clause 7iii71 7iv7 7v71 or 7vi7 of subparagraph 7,d71 after or 7,c74 7#c7 ,confidentiality of return information 7,a7 ,section #fajc7;a77#c7 of such ,code1 as amended by section #ceaf7;a77#a7 of the ,,cares ,act 7,public ,law #aaf-acf71 is amended by striking 7#ac77;,a71 7#ac77;,b71 7#ac77;,c71 7#ac77;,d77i71 and inserting 7#ac7 7other than subparagraphs 7,d77v7 and 7,d77vi7 thereof714 7,b7 ,section #fajc7p77#c77;,a7 of such ,code1 as amended by section #ceaf7;a77#b7 of such ,act1 is amended by striking 7#ac77;,a71 7#ac77;,b71 7#ac77;,c71 7#ac77;,d77i71 and inserting 7#ac77;,d77iv71 7#ac77;,d77v71 7#ac77;,d77vi74 7#d7 ,effective date ,the amendments made by this subsection shall apply to disclosures made after the date of the enactment of the ,,future ,act 7,public ,law #aaf-ia74 7b7 ,amendments to the ,higher ,education ,act of #aife 7#a7 ,in general ,section #did of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajih;h7a77 is amended-- 7,a7 in subsection 7a77#a7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting 1 including return information1 after financial information2 7ii7 in subparagraph 7,a7-- 7,i7 in clause 7i7-- 7aa7 by striking subparagraph 7,b71 the and inserting the following3 subparagraph 7,b7-- 7,i7 the 2 and 7bb7 by adding at the end the following3 7,,ii7 the return information of such individuals may be redisclosed pursuant to clauses 7iii71 7iv71 7v71 and 7vi7 of section #fajc7l77#ac77;,d7 of the ,internal ,revenue ,code of #aihf1 for the relevant purposes described in such section2 and 2 and 7,,ii7 in clause 7ii71 by striking such disclosure and inserting the disclosures described in subclauses 7,i7 and 7,,ii7 of clause 7i72 and 7iii7 in subparagraph 7,b71 by striking disclosure described in subparagraph 7,a77i7 and inserting disclosures described in subclauses 7,i7 and 7,,ii7 of subparagraph 7,a77i72 7,b7 in subsection 7a77#b77;,a77ii71 by striking affirmatively approve the disclosure described in paragraph 7#a77;,a77i7 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 7,i7 and 7,,ii7 of paragraph 7#a77;,a77i71 to the extent applicable1 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 disclosures2 and 7,c7 by adding at the end the following3 7c7 ,access to ,,fafsa information 7#a7 ,redisclosure of information ,the information in a complete1 unredacted ,student ,aid ,report 7including any return information disclosed under section #fajc7l77#ac7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #fajc7l77#ac777 with respect to an application described in subsection 7a77#a7 of an applicant for ,federal student financial aid-- 7,a7 upon request for such information by such applicant1 shall be provided to such applicant by-- 7i7 the ,secretary2 or 7ii7 in a case in which the ,secretary has requested that institutions of higher education carry out the requirements of this subparagraph1 an institution of higher education that has received such information2 and 7,b7 with the written consent by the applicant to an institution of higher education1 may be provided by such institution of higher education as is necessary to a scholarship granting organization 7including a tribal organization 7defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7771 or to an organization assisting the applicant in applying for and receiving ,federal1 ,state1 local1 or tribal assistance1 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 7defined in section #dgb7 at that institution4 7#b7 ,discussion of information ,a discussion of the information in an application described in subsection 7a77#a7 7including any return information disclosed under section #fajc7l77#ac7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #fajc7l77#ac77 of an applicant between an institution of higher education and the applicant may1 with the written consent of the applicant1 include an individual selected by the applicant 7such as an advisor7 to participate in such discussion4 7#c7 ,restriction on disclosing information ,a person receiving information under paragraph 7#a77;,b7 or 7#b7 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 of1 or request by1 the applicant4 7#d7 ,definitions ,in this subsection3 7,a7 ,student aid report ,the term ,student ,aid ,report has the meaning given the term in section #ffh4b of title #cd1 ,code of ,federal ,regulations 7or successor regulations74 7,b7 ,written consent ,the term written consent means a separate1 written document that is signed and dated 7which may include by electronic format7 by an applicant1 which-- 7i7 indicates that the information being disclosed includes return information disclosed under section #fajc7l77#ac7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #fajc7l77#ac77 with respect to the applicant2 7ii7 states the purpose for which the information is being disclosed2 and 7iii7 states that the information may only be used for the specific purpose and no other purposes4 7#e7 ,record keeping requirement ,an institution of higher education shall-- 7,a7 keep a record of each written consent made under this subsection for a period of at least #c years from the date of the student's last date of attendance at the institution2 and 7,b7 make each such record readily available for review by the ,secretary4 4 7#b7 ,conforming amendment ,section #did7;a77#c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajih;h7a77#c77 is amended by striking paragraph 7#a77;,a77i7 both places the term appears and inserting paragraph 7#a77;,a77i77,i74 #ajd4 ,rescheduling of the ,,naep mandated biennial #dth and #hth grade assessment and alignment of the mandated quadrennial #abth grade assessment 7a7 ,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 #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai-- 7#a7 the biennial #dth and #hth grade reading and mathematics assessments scheduled to be conducted during the #bjbj-bjba school year in accordance with paragraphs 7#b77;,b7 and 7#c77;,a77i7 of section #cjc7;b7 of the ,national ,assessment of ,educational ,progress ,authorization ,act 7#bj ,u4,s4,c4 #ifbb7;b77 and1 as practicable and subject to the discretion of the ,national ,assessment ,governing ,board1 the ,trial ,urban ,district ,assessment1 shall be conducted during the #bjba-bjbb school year2 and 7#b7 the next quadrennial #abth grade reading and mathematics assessments carried out in accordance with section #cjc7;b77#b77;,c7 of the ,national ,assessment of ,educational ,progress ,authorization ,act 7#bj ,u4,s4,c4 #ifbb7;b77#b77;,c77 after the date of enactment of this section1 shall be conducted during the #bjbc-bjbd school year4 7b7 ,future assessment administration ,in accordance with section #cjc7;b77#b77;,b7 of the ,national ,assessment of ,educational ,progress ,authorization ,act 7#bj ,u4,s4,c4 #ifbb7;b77#b77;,b771 the next biennial assessments following the #bjba-bjbb administration1 as authorized under subsection 7a71 shall occur in the #bjbc-bjbd school year and1 as practicable and subject to the discretion of the ,national ,assessment ,governing ,board1 the next ,trial ,urban ,district ,assessment following the #bjba-bjbb administration1 as authorized under subsection 7a71 shall occur in the #bjbc-bjbd school year4 ,,ii ,public ,lands #bja4 ,saguaro ,national ,park ,boundary ,expansion 7a7 ,short title ,this section may be cited as the ,saguaro ,national ,park ,boundary ,expansion ,act4 7b7 ,boundary of saguaro national park ,section #d of the ,saguaro ,national ,park ,establishment ,act of #aiid 7,public ,law #ajc-cfd2 #ajh ,stat4 #cdfg7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting 7#a7 before ,the boundaries of the park2 and 7,b7 by adding at the end the following3 7#b7 7,a7 ,the boundaries of the park are further modified to include approximately #a1aeb acres1 as generally depicted on the map titled ,saguaro ,national ,park ,proposed ,boundary ,adjustment1 numbered #aea_/hj1jde;,g1 and dated ,december #bjbj4 7,b7 ,the map referred to in subparagraph 7,a7 shall be on file and available for inspection in the appropriate offices of the ,national ,park ,service4 2 and 7#b7 by striking subsection 7b77#b7 and inserting the following new paragraphs3 7#b7 ,the ,secretary may1 with the consent of the ,state of ,arizona and in accordance with ,federal and ,state law1 acquire land or interests therein owned by the ,state of ,arizona within the boundary of the park4 7#c7 ,if the ,secretary is unable to acquire the ,state land under paragraph 7#b71 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 park4 4 #bjb4 ,new ,river ,gorge ,national ,park and ,preserve ,designation 7a7 ,short title ,this section may be cited as the ,new ,river ,gorge ,national ,park and ,preserve ,designation ,act4 7b7 ,designation of new river gorge national park and new river gorge national preserve1 west virginia 7#a7 ,redesignation ,the ,new ,river ,gorge ,national ,river established under section #aaja of the ,national ,parks and ,recreation ,act of #aigh 7#af ,u4,s4,c4 #dfjm-#ae7 shall be known and designated as the ,new ,river ,gorge ,national ,park and ,preserve1 consisting of-- 7,a7 the ,new ,river ,gorge ,national ,park2 and 7,b7 the ,new ,river ,gorge ,national ,preserve4 7#b7 ,new river gorge national park ,the boundaries of the ,new ,river ,gorge ,national ,park referred to in paragraph 7#a77;,a7 shall be the boundaries depicted as ,proposed ,national ,park ,area on the map entitled ,new ,river ,gorge ,national ,park and ,preserve ,proposed ,boundary1 numbered #fcg_/afc1aii;,a1 and dated ,september #bjbj4 7#c7 ,new river gorge national preserve2 boundary ,the boundaries of the ,new ,river ,gorge ,national ,preserve referred to in paragraph 7#a77;,b7 shall be the boundaries depicted as ,proposed ,national ,preserve ,area on the map entitled ,new ,river ,gorge ,national ,park and ,preserve ,proposed ,boundary1 numbered #fcg_/afc1aii;,a1 and dated ,september #bjbj4 7c7 ,administration 7#a7 ,in general ,the ,new ,river ,gorge ,national ,park and ,preserve shall be administered by the ,secretary of the ,interior 7referred to in this section as the ,secretary7 in accordance with-- 7,a7 this section2 7,b7 the laws generally applicable to units of the ,national ,park ,system1 including-- 7i7 section #ajjaja7;a71 chapter #ajjc1 and sections #ajjgea7;a71 #ajjgeb1 #ajjgec1 and #ajbaja of title #ed1 ,united ,states ,code2 and 7ii7 chapter #cbja of title #ed1 ,united ,states ,code2 and 7,c7 title ,,xi of the ,national ,parks and ,recreation ,act of #aigh 7#af ,u4,s4,c4 #dfjm-#ae et seq471 except that the provisions of section #aajf of that ,act 7#af ,u4,s4,c4 #dfjm-#bj7 relating to hunting shall not apply to the ,new ,river ,gorge ,national ,park4 7#b7 ,hunting and fishing 7,a7 ,hunting ,hunting within the ,new ,river ,gorge ,national ,preserve shall be administered by the ,secretary-- 7i7 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 7b77#c72 and 7ii7 in accordance with-- 7,i7 section #aajf of the ,national ,parks and ,recreation ,act of #aigh 7#af ,u4,s4,c4 #dfjm-#bj72 and 7,,ii7 other applicable laws4 7,b7 ,fishing ,fishing within the ,new ,river ,gorge ,national ,park and ,preserve shall be administered by the ,secretary-- 7i7 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 ,act2 and 7ii7 in accordance with-- 7,i7 section #aajf of the ,national ,parks and ,recreation ,act of #aigh 7#af ,u4,s4,c4 #dfjm-#bj72 and 7,,ii7 other applicable laws4 7,c7 ,private land ,nothing in this section prohibits hunting1 fishing1 or trapping on private land in accordance with applicable ,state and ,federal laws4 7#c7 ,land acquisition 7,a7 ,additional land for national preserve 7i7 ,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 ,boundary1 numbered #fcg_/afc1aii;,a1 and dated ,september #bjbj1 by purchase from a willing seller1 donation1 or exchange4 7ii7 ,boundary modification ,on acquisition of any land or interest in land under clause 7i71 the ,secretary shall-- 7,i7 modify the boundary of the ,new ,river ,gorge ,national ,preserve to reflect the acquisition2 and 7,,ii7 administer the land or interest in land in accordance with the laws applicable to the ,new ,river ,gorge ,national ,preserve4 7,b7 ,visitor parking 7i7 ,in general ,the ,secretary may acquire not more than #ajj acres of land in the vicinity of the ,new ,river ,gorge ,national ,park and ,preserve by purchase from a willing seller1 donation1 or exchange to provide for-- 7,i7 visitor parking2 and 7,,ii7 improved public access to the ,new ,river ,gorge ,national ,park and ,preserve4 7ii7 ,administration ,on acquisition of the land under clause 7i71 the acquired land shall be administered as part of the ,new ,river ,gorge ,national ,park or the ,new ,river ,gorge ,national ,preserve1 as appropriate4 7#d7 ,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 #djb of the ,west ,virginia ,national ,interest ,river ,conservation ,act of #aihg 7#af ,u4,s4,c4 #dfjm-#ae note2 ,public ,law #ajj-ecd74 7#e7 ,references ,any reference in a law1 map1 regulation1 document1 paper1 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 ,preserve1 as appropriate4 7d7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section4 #bjc4 ,designation of ,miracle ,mountain 7a7 ,short title ,this section may be cited as the ,miracle ,mountain ,designation ,act4 7b7 ,findings ,congress finds as follows3 7#a7 ,on ,september #ac1 #bjah1 the ,bald ,mountain ,fire burned nearly #bj1jjj acres of land in ,utah4 7#b7 ,elk ,ridge ,city1 located in ,utah ,county1 was nearly the victim of this fire4 7#c7 ,suddenly1 the fire halted its progression and1 instead of burning into ,elk ,ridge ,city1 stayed behind the mountain and spared the city4 7#d7 ,congress1 in acknowledgment of this event1 believes this mountain holds special significance to the residents of ,elk ,ridge ,city and surrounding communities4 7#e7 ,the presently unnamed peak has been referred to as ,miracle ,mountain by many residents since the fire that nearly went into ,elk ,ridge ,city4 7c7 ,designation ,the mountain in the ,state of ,utah1 located at #ci #ei #jb,n1 #aaa #dj #ab,w1 shall be known and designated as ,miracle ,mountain4 7d7 ,references ,any reference in a law1 map1 regulation1 document1 record1 or other paper of the ,united ,states to the mountain described in subsection 7c7 shall be considered to be a reference to ,miracle ,mountain4 ,,iii ,foreign ,relations and ,department of ,state ,provisions ,a ,robert ,levinson ,hostage ,recovery and ,hostage-taking ,accountability ,act #cja4 ,short title ,this subtitle may be cited as the ,robert ,levinson ,hostage ,recovery and ,hostage-,taking ,accountability ,act4 #cjb4 ,assistance for ,united ,states nationals unlawfully or wrongfully detained abroad 7a7 ,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 wrongfully1 based on criteria which may include whether-- 7#a7 ,united ,states officials receive or possess credible information indicating innocence of the detained individual2 7#b7 the individual is being detained solely or substantially because he or she is a ,united ,states national2 7#c7 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 ,government2 7#d7 the detention appears to be because the individual sought to obtain1 exercise1 defend1 or promote freedom of the press1 freedom of religion1 or the right to peacefully assemble2 7#e7 the individual is being detained in violation of the laws of the detaining country2 7#f7 independent nongovernmental organizations or journalists have raised legitimate questions about the innocence of the detained individual2 7#g7 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 purpose2 7#h7 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 impartial1 is susceptible to corruption1 or is incapable of rendering just verdicts2 7#i7 the individual is being detained in inhumane conditions2 7#aj7 due process of law has been sufficiently impaired so as to render the detention arbitrary2 and 7#aa7 ,united ,states diplomatic engagement is likely necessary to secure the release of the detained individual4 7b7 ,referrals to the special envoy ,upon a determination by the ,secretary of ,state1 based on the totality of the circumstances1 that there is credible information that the detention of a ,united ,states national abroad is unlawful or wrongful1 and regardless of whether the detention is by a foreign government or a nongovernmental actor1 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 #cjc4 7c7 ,report 7#a7 ,annual report 7,a7 ,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 abroad4 7,b7 ,form ,the report required under this paragraph shall be submitted in unclassified form1 but may include a classified annex if necessary4 7#b7 ,composition ,the report required under paragraph 7#a7 shall include current estimates of the number of individuals so detained1 as well as relevant information about particular cases1 such as-- 7,a7 the name of the individual1 unless the provision of such information is inconsistent with section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act of #aigd72 7,b7 basic facts about the case2 7,c7 a summary of the information that such individual may be detained unlawfully or wrongfully2 7,d7 a description of specific efforts1 legal and diplomatic1 taken on behalf of the individual since the last reporting period1 including a description of accomplishments and setbacks2 and 7,e7 a description of intended next steps4 7d7 ,resource guidance 7#a7 ,establishment ,not later than #ahj 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 #cjd7;c77#b71 the ,secretary of ,state shall provide resource guidance in writing for government officials and families of unjustly or wrongfully detained individuals4 7#b7 ,content ,the resource guidance required under paragraph 7#a7 should include-- 7,a7 information to help families understand ,united ,states policy concerning the release of ,united ,states nationals unlawfully or wrongfully held abroad2 7,b7 contact information for officials in the ,department of ,state or other government agencies suited to answer family questions2 7,c7 relevant information about options available to help families obtain the release of unjustly or wrongfully detained individuals1 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 counsel1 family members1 humane treatment1 and other services2 7,d7 guidance on submitting public or private letters from members of ,congress or other individuals who may be influential in securing the release of an individual2 and 7,e7 appropriate points of contacts1 such as legal resources and counseling services1 who have a record of assisting victims' families4 #cjc4 ,special ,envoy for ,hostage ,affairs 7a7 ,establishment ,there shall be a ,special ,presidential ,envoy for ,hostage ,affairs1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate1 and shall report to the ,secretary of ,state4 7b7 ,rank ,the ,special ,envoy shall have the rank and status of ambassador4 7c7 ,responsibilities ,the ,special ,presidential ,envoy for ,hostage ,affairs shall-- 7#a7 lead diplomatic engagement on ,united ,states hostage policy2 7#b7 coordinate all diplomatic engagements and strategy in support of hostage recovery efforts1 in coordination with the ,hostage ,recovery ,fusion ,cell and consistent with policy guidance communicated through the ,hostage ,response ,group2 7#c7 in coordination with the ,hostage ,recovery ,fusion ,cell as appropriate1 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 wrongful2 7#d7 provide senior representation from the ,special ,envoy's office to the ,hostage ,recovery ,fusion ,cell established under section #cjd and the ,hostage ,response ,group established under section #cje2 and 7#e7 ensure that families of ,united ,states nationals unlawfully or wrongly detained abroad receive updated information about developments in cases and government policy4 #cjd4 ,hostage ,recovery ,fusion ,cell 7a7 ,establishment ,the ,president shall establish an interagency ,hostage ,recovery ,fusion ,cell4 7b7 ,participation ,the ,president shall direct the heads of each of the following executive departments1 agencies1 and offices to make available personnel to participate in the ,hostage ,recovery ,fusion ,cell3 7#a7 ,the ,department of ,state4 7#b7 ,the ,department of the ,treasury4 7#c7 ,the ,department of ,defense4 7#d7 ,the ,department of ,justice4 7#e7 ,the ,office of the ,director of ,national ,intelligence4 7#f7 ,the ,federal ,bureau of ,investigation4 7#g7 ,the ,central ,intelligence ,agency4 7#h7 ,other agencies as the ,president1 from time to time1 may designate4 7c7 ,personnel ,the ,hostage ,recovery ,fusion ,cell shall include-- 7#a7 a ,director1 who shall be a full-time senior officer or employee of the ,united ,states ,government2 7#b7 a ,family ,engagement ,coordinator who shall-- 7,a7 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 ,government2 and 7,b7 if directed1 perform the same function as set out in subparagraph 7,a7 with regard to the family of a ,united ,states national who is unlawfully or wrongfully detained abroad2 and 7#c7 other officers and employees as deemed appropriate by the ,president4 7d7 ,duties ,the ,hostage ,recovery ,fusion ,cell shall-- 7#a7 coordinate efforts by participating agencies to ensure that all relevant information1 expertise1 and resources are brought to bear to secure the safe recovery of ,united ,states nationals held hostage abroad2 7#b7 if directed1 coordinate the ,united ,states ,government's response to other hostage-takings occurring abroad in which the ,united ,states has a national interest2 7#c7 if directed1 coordinate or assist the ,united ,states ,government's response to help secure the release of ,united ,states nationals unlawfully or wrongfully detained abroad2 and 7#d7 pursuant to policy guidance coordinated through the ,national ,security ,council-- 7,a7 identify and recommend hostage recovery options and strategies to the ,president through the ,national ,security ,council or the ,deputies ,committee of the ,national ,security ,council2 7,b7 coordinate efforts by participating agencies to ensure that information regarding hostage events1 including potential recovery options and engagements with families and external actors 7including foreign governments71 is appropriately shared within the ,united ,states ,government to facilitate a coordinated response to a hostage-taking2 7,c7 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 recovery2 7,d7 provide a forum for intelligence sharing and1 with the support of the ,director of ,national ,intelligence1 coordinate the declassification of relevant information2 7,e7 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 cases2 7,f7 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-taking2 and 7,g7 coordinate with agencies regarding congressional1 media1 and other public inquiries pertaining to hostage events4 7e7 ,administration ,the ,hostage ,recovery ,fusion ,cell shall be located within the ,federal ,bureau of ,investigation for administrative purposes4 #cje4 ,hostage ,response ,group 7a7 ,establishment ,the ,president shall establish a ,hostage ,response ,group1 chaired by a designated member of the ,national ,security ,council or the ,deputies ,committee of the ,national ,security ,council1 to be convened on a regular basis1 to further the safe recovery of ,united ,states nationals held hostage abroad or unlawfully or wrongfully detained abroad1 and to be tasked with coordinating the ,united ,states ,government response to other hostage-takings occurring abroad in which the ,united ,states has a national interest4 7b7 ,membership ,the regular members of the ,hostage ,response ,group shall include the ,director of the ,hostage ,recovery ,fusion ,cell1 the ,hostage ,recovery ,fusion ,cell's ,family ,engagement ,coordinator1 the ,special ,envoy appointed pursuant to section #cjc1 and representatives from the ,department of the ,treasury1 the ,department of ,defense1 the ,department of ,justice1 the ,federal ,bureau of ,investigation1 the ,office of the ,director of ,national ,intelligence1 the ,central ,intelligence ,agency1 and other agencies as the ,president1 from time to time1 may designate4 7c7 ,duties ,the ,hostage ,recovery ,group shall-- 7#a7 identify and recommend hostage recovery options and strategies to the ,president through the ,national ,security ,council2 7#b7 coordinate the development and implementation of ,united ,states hostage recovery policies1 strategies1 and procedures2 7#c7 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 recoveries2 7#d7 coordinate the provision of policy guidance to the ,hostage ,recovery ,fusion ,cell1 including reviewing recovery options proposed by the ,hostage ,recovery ,fusion ,cell and working to resolve disputes within the ,hostage ,recovery ,fusion ,cell2 7#e7 as appropriate1 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 abroad2 and 7#f7 as appropriate1 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 interest4 7d7 ,meetings ,the ,hostage ,response ,group shall meet regularly4 7e7 ,reporting ,the ,hostage ,response ,group shall regularly provide recommendations on hostage recovery options and strategies to the ,national ,security ,council4 #cjf4 ,authorization of imposition of sanctions 7a7 ,in general ,the ,president may impose the sanctions described in subsection 7b7 with respect to any foreign person the ,president determines1 based on credible evidence-- 7#a7 is responsible for or is complicit in1 or responsible for ordering1 controlling1 or otherwise directing1 the hostage-taking of a ,united ,states national abroad or the unlawful or wrongful detention of a ,united ,states national abroad2 or 7#b7 knowingly provides financial1 material1 or technological support for1 or goods or services in support of1 an activity described in paragraph 7#a74 7b7 ,sanctions described ,the sanctions described in this subsection are the following3 7#a7 ,ineligibility for visas1 admission1 or parole 7,a7 ,visas1 admission1 or parole ,an alien described in subsection 7a7 may be-- 7i7 inadmissible to the ,united ,states2 7ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7,b7 ,current visas revoked 7i7 ,in general ,an alien described in subsection 7a7 may be subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued4 7ii7 ,immediate effect ,a revocation under clause 7i7 may-- 7,i7 take effect immediately2 and 7,,ii7 cancel any other valid visa or entry documentation that is in the alien's possession4 7#b7 ,blocking of property 7,a7 ,in general ,the ,president may exercise all of the powers granted to the ,president under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person described in subsection 7a7 if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7,b7 ,inapplicability of national emergency requirement ,the requirements of section #bjb of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja7 shall not apply for purposes of this section4 7c7 ,exceptions 7#a7 ,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 #aidg 7#ej ,u4,s4,c4 #cjia et seq47 or any authorized intelligence activities of the ,united ,states4 7#b7 ,exception to comply with international obligations and for law enforcement activities ,sanctions under subsection 7b77#a7 shall not apply with respect to an alien if admitting or paroling the alien into the ,united ,states is necessary-- 7,a7 to permit the ,united ,states to comply with the ,agreement regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations2 or 7,b7 to carry out or assist law enforcement activity in the ,united ,states4 7d7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of subsection 7b77#b7 or any regulation1 license1 or order issued to carry out that subsection shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7e7 ,termination of sanctions ,the ,president may terminate the application of sanctions under this section with respect to a person if the ,president determines that-- 7#a7 information exists that the person did not engage in the activity for which sanctions were imposed2 7#b7 the person has been prosecuted appropriately for the activity for which sanctions were imposed2 7#c7 the person has credibly demonstrated a significant change in behavior1 has paid an appropriate consequence for the activity for which sanctions were imposed1 and has credibly committed to not engage in an activity described in subsection 7a7 in the future2 or 7#d7 the termination of the sanctions is in the national security interests of the ,united ,states4 7f7 ,reporting requirement ,if the ,president terminates sanctions pursuant to subsection 7d71 the ,president shall report to the appropriate congressional committees a written justification for such termination within #ae days4 7g7 ,implementation of regulatory authority ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this section4 7h7 ,exception relating to importation of goods 7#a7 ,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 goods4 7#b7 ,good defined ,in this paragraph1 the term good means any article1 natural or manmade substance1 material1 supply or manufactured product1 including inspection and test equipment1 and excluding technical data4 7i7 ,definitions ,in this section3 7#a7 ,foreign person ,the term foreign person means-- 7,a7 any citizen or national of a foreign country 7including any such individual who is also a citizen or national of the ,united ,states72 or 7,b7 any entity not organized solely under the laws of the ,united ,states or existing solely in the ,united ,states4 7#b7 ,united ,states person ,the term ,united ,states person means-- 7,a7 an individual who is a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 7,b7 an entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states1 including a foreign branch of such an entity2 or 7,c7 any person in the ,united ,states4 #cjg4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations1 the ,committee on ,appropriations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on the ,judiciary1 the ,committee on ,armed ,services1 and the ,select ,committee on ,intelligence of the ,united ,states ,senate2 and 7,b7 the ,committee on ,foreign ,affairs1 the ,committee on ,appropriations1 the ,committee on ,financial ,services1 the ,committee on the ,judiciary1 the ,committee on ,armed ,services1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#b7 ,united ,states national ,the term ,united ,states national means-- 7,a7 a ,united ,states national as defined in section #aja7;a77#bb7 or section #cjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bb71 #h ,u4,s4,c4 #adjh72 and 7,b7 a lawful permanent resident alien with significant ties to the ,united ,states4 #cjh4 ,rule of construction ,nothing in this ,act may be construed to authorize a private right of action4 ,b ,taiwan ,assurance ,act of #bjbj #caa4 ,short title ,this subtitle may be cited as the ,taiwan ,assurance ,act of #bjbj4 #cab4 ,findings ,congress makes the following findings3 7#a7 ,april #aj1 #bjai1 marked the #djth anniversary of the ,taiwan ,relations ,act of #aigi 7,public ,law #if-h74 7#b7 ,since #aidi1 the close relationship between the ,united ,states and ,taiwan has benefitted both parties and the broader ,indo-,pacific region4 7#c7 ,the security of ,taiwan and its democracy are key elements of continued peace and stability of the greater ,indo-,pacific region1 which is in the political1 security1 and economic interests of the ,united ,states4 7#d7 ,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 operations1 which is shifting the military balance of power across the ,taiwan ,strait4 7#e7 ,taiwan and its diplomatic partners continue to face sustained pressure and coercion from the ,people's ,republic of ,china1 which seeks to isolate ,taiwan from the international community4 7#f7 ,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 policy4 7#g7 ,in the ,taiwan ,travel ,act1 which became law on ,march #af1 #bjah1 ,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 communication4 #cac4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 ,taiwan is a vital part of the ,united ,states ,free and ,open ,indo-,pacific ,strategy2 7#b7 the ,united ,states ,government-- 7,a7 supports ,taiwan's continued pursuit of asymmetric capabilities and concepts2 and 7,b7 urges ,taiwan to increase its defense spending in order to fully resource its defense strategy2 and 7#c7 the ,united ,states should conduct regular sales and transfers of defense articles to ,taiwan in order to enhance its self-defense capabilities1 particularly its efforts to develop and integrate asymmetric capabilities1 including undersea warfare and air defense capabilities1 into its military forces4 #cad4 ,taiwan's inclusion in international organizations 7a7 ,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 organizations1 has1 in many cases1 resulted in ,taiwan's exclusion from such organizations even when statehood is not a requirement1 and that such exclusion-- 7#a7 is detrimental to global health1 civilian air safety1 and efforts to counter transnational crime2 7#b7 negatively impacts the safety and security of citizens globally2 and 7#c7 negatively impacts the security of ,taiwan and its democracy4 7b7 ,statement of policy ,it is the policy of the ,united ,states to advocate for ,taiwan's meaningful participation in the ,united ,nations1 the ,world ,health ,assembly1 the ,international ,civil ,aviation ,organization1 the ,international ,criminal ,police ,organization1 and other international bodies1 as appropriate1 and to advocate for ,taiwan's membership in the ,food and ,agriculture ,organization1 the ,united ,nations ,educational1 ,scientific and ,cultural ,organization1 and other international organizations for which statehood is not a requirement for membership4 #cae4 ,review of ,department of ,state ,taiwan guidelines 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall conduct a review of the ,department of ,state's guidance that governs relations with ,taiwan1 including the periodic memorandum entitled ,guidelines on ,relations with ,taiwan and related documents1 and reissue such guidance to executive branch departments and agencies4 7b7 ,sense of ,congress ,it is the sense of ,congress that the ,department of ,state's guidance regarding relations with ,taiwan-- 7#a7 should be crafted with the intent to deepen and expand ,united ,states-,taiwan relations1 and be based on the value1 merits1 and importance of the ,united ,states-,taiwan relationship2 7#b7 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 ,taiwan1 and that ,taiwan is a free and open society that respects universal human rights and democratic values2 and 7#c7 should ensure that the conduct of relations with ,taiwan reflects the longstanding1 comprehensive1 and values-based relationship the ,united ,states shares with ,taiwan1 and contribute to the peaceful resolution of cross-strait issues4 7c7 ,reporting requirements ,not later than #ahj days after the date of the enactment of this ,act1 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-- 7#a7 the results of the review pursuant to subsection 7a7 of the ,department of ,state's guidance on relations with ,taiwan1 including a copy of the reissued ,guidelines of ,relations with ,taiwan memorandum2 and 7#b7 the implementation of the ,taiwan ,travel ,act 7,public ,law #aae-ace7 and any changes to guidance on relations with ,taiwan that are the result of such implementation4 ,c ,support for human rights in ,belarus #cba4 ,short title ,this subtitle may be cited as the ,belarus ,democracy1 ,human ,rights1 and ,sovereignty ,act of #bjbj4 #cbb4 ,findings ,section #b of the ,belarus ,democracy ,act of #bjjd 7,public ,law #aji-dhj2 #bb ,u4,s4,c4 #ehaa note7 is amended to read as follows3 #b4 ,findings ,congress finds the following3 7#a7 ,the ,international ,covenant on ,civil and ,political ,rights1 done at ,new ,york ,december #ai1 #aiff1 was ratified by ,belarus in #aigc1 guaranteeing ,belarusians the freedom of expression and the freedom of association4 7#b7 ,alyaksandr ,lukashenka has ruled ,belarus as an undemocratic dictatorship since the first presidential election in ,belarus in #aiid4 7#c7 ,subsequent presidential elections in ,belarus have been neither free nor fair and have been rejected by the international community as not meeting minimal electoral standards1 with the jailing of opposition activists frequently used as a tool of government repression before and after the elections4 7#d7 ,in response to the repression and violence during the #bjjf presidential election1 ,congress passed the ,belarus ,democracy ,reauthorization ,act of #bjjf 7,public ,law #aji-dhj74 7#e7 ,in #bjjf1 ,president ,george ,w4 ,bush issued ,executive ,order #acdje1 titled ,blocking ,property of ,certain ,persons ,undermining ,democratic ,processes or ,institutions in ,belarus1 which authorized the imposition of sanctions against persons responsible for-- 7,a7 undermining democratic processes in ,belarus2 or 7,b7 participating in human rights abuses related to political repression in ,belarus4 7#f7 ,in ,march #bjaa1 the ,senate unanimously passed ,senate ,resolution #aje1 which-- 7,a7 condemned the ,december #bjaj election in ,belarus as illegitimate1 fraudulent1 and not representative of the will or the aspirations of the voters in ,belarus2 and 7,b7 called on the ,lukashenka regime to immediately and unconditionally release all political prisoners in ,belarus who were arrested in association with the ,december #ai1 #bjaj1 election4 7#g7 ,the ,government of ,belarus1 led illegally by ,alyaksandr ,lukashenka1 continues to engage in a pattern of clear and persistent violations of human rights and fundamental freedoms4 7#h7 ,the ,government of ,belarus1 led illegally by ,alyaksandr ,lukashenka1 continues to engage in a pattern of clear and uncorrected violations of basic principles of democratic governance1 including through a series of fundamentally flawed presidential and parliamentary elections undermining the legitimacy of executive and legislative authority in that country4 7#i7 ,the ,government of ,belarus1 led illegally by ,alyaksandr ,lukashenka1 continues to subject thousands of pro-democracy political activists and peaceful protesters to harassment1 beatings1 and imprisonment1 particularly as a result of their attempts to peacefully exercise their right to freedom of assembly and association4 7#aj7 ,the ,government of ,belarus1 led illegally by ,alyaksandr ,lukashenka1 continues to suppress independent media and journalists and to restrict access to the internet1 including social media and other digital communication platforms1 in violation of the right to freedom of speech and expression of those dissenting from the dictatorship of ,alyaksandr ,lukashenka4 7#aa7 ,the ,government of ,belarus1 led illegally by ,alyaksandr ,lukashenka1 continues a systematic campaign of harassment1 repression1 and closure of nongovernmental organizations1 including independent trade unions and entrepreneurs1 creating a climate of fear that inhibits the development of civil society and social solidarity4 7#ab7 ,the ,government of ,belarus1 led illegally by ,alyaksandr ,lukashenka1 has pursued a policy undermining the country's sovereignty and independence by making ,belarus political1 economic1 cultural1 and societal interests subservient to those of ,russia4 7#ac7 ,the ,government of ,belarus1 led illegally by ,alyaksandr ,lukashenka1 continues to reduce the independence of ,belarus through integration into a so-called ,union ,state that is under the control of ,russia4 7#ad7 ,in advance of the ,august #bjbj presidential elections in ,belarus1 authorities acting on behalf of ,president ,lukashenka arrested journalists1 bloggers1 political activists1 and opposition leaders1 including #c leading presidential candidates 7,syarhey ,tsikhanouski1 ,mikalay ,statkevich1 and ,viktar ,babaryka71 who were barred from running in the election by the ,central ,election ,commission of the ,republic of ,belarus4 7#ae7 ,while the #c opposition candidates were imprisoned1 #b of their wives and #a of their campaign managers 7,sviatlana ,tsikhanouskaya1 ,veranika ,tsepkala1 and ,maria ,kalesnikava7 joined together and ran in place of the candidates4 7#af7 ,thousands of ,belarusian people demonstrated their support for these candidates by attending rallies1 including #a rally that included an estimated #fc1jjj participants4 7#ag7 ,on ,august1 #e1 #bjbj1 the ,senate unanimously passed ,senate ,resolution #feh1 which calls for a free1 fair1 and transparent presidential election in ,belarus1 including the unimpeded participation of all presidential candidates4 7#ah7 ,on ,august #i1 #bjbj1 the ,government of ,belarus conducted a presidential election that-- 7,a7 was held under undemocratic conditions that did not meet international standards2 7,b7 involved government malfeasance and serious irregularities with ballot counting and the reporting of election results1 including-- 7i7 early voting ballot stuffing2 7ii7 ballot burning2 7iii7 pressuring poll workers2 and 7iv7 removing bags full of ballots by climbing out of windows2 7,c7 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 elections1 as is customary4 7#ai7 ,incumbent president ,alyaksandr ,lukashenka declared a landslide victory in the election and claimed to have received more than #hj percent of the votes cast in the election4 7#bj7 ,the leading opposition candidate1 ,sviatlana ,tsikhanouskaya-- 7,a7 formally disputed the government's reported election results2 7,b7 explained that her staff had examined the election results from more than #ej polling places2 and 7,c7 found that her share of the vote exceeded ,lukashenka's share by many times4 7#ba7 ,on ,august #aj1 #bjbj1 ,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 authorities4 7#bb7 ,on ,august #aa1 #bjbj1 ,lithuanian ,foreign ,minister ,linas ,linkeviius 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 globally4 7#bc7 ,on ,august #ah1 #bjbj1 ,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 violence1 detention1 and forced exile4 ,the ,government of ,belarus1 led illegally by ,alyaksandr ,lukashenka1 has sought to stop the work of the ,coordination ,council4 7#bd7 ,before the ,european ,parliament on ,august #be1 #bjbj1 ,sviatlana ,tsikhanouskaya stressed that a peaceful revolution was underway in ,belarus1 and that ,it is neither a pro-,russian nor anti-,russian revolution4 ,it is neither an anti-,european ,union nor a pro-,european ,union revolution4 ,it is a democratic revolution44 7#be7 ,on or around ,september #f1 #bjbj1 opposition leader ,maria ,kalesnikava and members of the ,coordination ,council1 including ,anton ,ronenkov1 ,ivan ,kravtsov1 and ,maxim ,bogretsov1 were detained by authorities who sought to forcibly expel them to ,ukraine4 ,ms4 ,kalesnikava tore up her passport at the ,ukrainian border in a successful effort to prevent this expulsion1 subsequently disappeared1 and was discovered in a ,minsk prison on ,september #i1 #bjbj4 7#bf7 ,on ,august #aa1 #bjbj1 the ,european ,union ,high ,representative for ,foreign and ,security ,policy1 ,josep ,borrell1 issued a declaration on the presidential election in ,belarus stating that the elections were neither free nor fair4 7#bg7 ,on ,august #bh1 #bjbj1 ,united ,states ,deputy ,secretary of ,state ,stephen ,biegun declared that the ,august #ith election in ,belarus was fraudulent4 7#bh7 ,following ,alyaksandr ,lukashenka's ,september #bc1 #bjbj1 secret inauguration1 the ,united ,states1 the ,european ,union1 numerous ,european ,union member states1 the ,united ,kingdom1 and ,canada announced that they did not recognize ,mr4 ,lukashenka as the legitimately elected leader of ,belarus4 7#bi7 ,since the sham election on ,august #i1 #bjbj1 tens of thousands of ,belarusian citizens have participated in daily peaceful protests calling for a new1 free1 and fair election1 and the release of political prisoners4 7#cj7 ,according to ,amnesty ,international1 on ,august #cj1 #bjbj1 ,belarusians held one of the largest protest rallies in the country's modern history in ,minsk and in other cities1 which was attended by at least #ajj1jjj people who demanded the resignation of ,president ,lukashenka and an investigation into the human rights violations in ,belarus4 7#ca7 ,women have served as the leading force in demonstrations across the country1 protesting the police brutality and mass detentions by wearing white1 carrying flowers1 forming solidarity chains1 and unmasking undercover police trying to arrest demonstrators4 7#cb7 ,the ,government of ,belarus has responded to the peaceful opposition protests1 which are the largest in ,belarus history1 with a violent crackdown1 including1 according to the ,united ,nations ,special ,rapporteur1 the detention by government authorities of more than #aj1jjj peaceful protestors as of ,september #ah1 #bjbj1 mostly for taking part in or observing peaceful protests1 with many of these arrests followed by beatings and torture at the hands of ,belarusian law enforcement4 7#cc7 ,according to the ,viasna ,human ,rights ,centre1 at least #dej detainees have reported being tortured or otherwise ill-treated while held in incommunicado detention for up to #aj days1 including through-- 7,a7 severe beatings2 7,b7 forced performance of humiliating acts2 and 7,c7 sexual violence and other forms of violence4 7#cd7 ,at least #d ,belarusians have been killed at protests1 and dozens of ,belarusians who were detained during the protests are still missing4 7#ce7 ,the ,belarus ,ministry of ,defense threatened to send the army to confront protestors1 warning that in case of any violation of peace and order in areas around national monuments1 you will have the army to deal with now1 not the police4 7#cf7 ,the ,government of ,belarus1 led illegally by ,alyaksandr ,lukashenka1 has consistently restricted the free flow of information to silence the opposition and to conceal the regime's violent crackdown on peaceful protestors1 including by-- 7,a7 stripping the accreditation of journalists from major foreign news outlets2 7,b7 detaining and harassing countless journalists4 7,c7 arresting dozens of journalists1 #f of whom report for ,radio ,free ,europe_/,radio ,liberty2 7,d7 halting the publishing of #b independent newspapers2 and 7,e7 disrupting internet access2 7,f7 blocking more than #ej news websites that were covering the protests2 and 7,g7 limiting access to social media and other digital communication platforms4 7#cg7 ,internet access in ,belarus has been repeatedly disrupted and restricted since ,august #i1 #bjbj1 which independent experts and monitoring groups have attributed to government interference4 7#ch7 ,thousands of employees at ,belarusian state-owned enterprises1 who have been seen as ,alyaksandr ,lukashenka's traditional base during his #bf-year rule1 went on strike across the country to protest ,lukashenka's illegitimate election and the subsequent crackdowns1 including at some of ,belarus's largest factories such as the ,bel,a,z truck plant1 the ,minsk ,tractor ,works1 and the ,minsk ,automobile ,plant4 7#ci7 ,after the employees of state media outlets walked off the job in protest rather than help report misleading government propaganda1 ,lukashenka confirmed that he asked the ,russians to send teams of ,russian journalists to replace local employees4 7#dj7 ,on ,august #ai1 #bjbj1 ,european ,council ,president ,charles ,michel announced that the ,european ,union would impose sanctions on a substantial number of individuals responsible for violence1 repression1 and election fraud in ,belarus4 7#da7 ,on ,october #b1 #bjbj1 the ,department of ,treasury announced new sanctions under ,executive ,order #acdje on eight individuals for their roles in the fraudulent ,august #i1 #bjbj ,belarus presidential election or the subsequent violent crackdown on peaceful protesters4 7#db7 ,similar sanctions have also been applied to ,belarusian human rights violators by the ,government of ,canada and the ,government of the ,united ,kingdom4 7#dc7 ,against the will of the majority of the ,belarusian people-- 7,a7 ,alyaksandr ,lukashenka appealed to ,russian ,president ,vladimir ,putin to provide security assistance to his government1 if requested2 and 7,b7 ,president ,putin has agreed to prop up the ,alyaksandr ,lukashenka regime by-- 7i7 confirming that a ,russian police force was ready to be deployed if the situation gets out of control2 7ii7 providing significant financial support2 and 7iii7 sending ,russian propagandists to help disseminate pro-regime propaganda on ,belarus state television4 7#dd7 ,the ,governments of the ,united ,states1 the ,european ,union1 the ,united ,kingdom1 and ,canada have-- 7,a7 condemned the violent crackdown on peaceful protestors2 7,b7 refused to accept the results of the fraudulent election2 and 7,c7 called for new free and fair elections under independent observation4 4 #cbc4 ,statement of policy ,section #c of the ,belarus ,democracy ,act of #bjjd 7,public ,law #aji-dhj2 #bb ,u4,s4,c4 #ehaa note7 is amended to read as follows3 #c4 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to condemn-- 7,a7 the conduct of the ,august #i1 #bjbj1 presidential election in ,belarus1 which was neither free nor fair2 7,b7 the ,belarusian authorities' unrelenting crackdown on1 arbitrary arrests of1 and violence against opposition candidates1 peaceful protestors1 human rights activists1 employees from state-owned enterprises participating in strikes1 independent election observers1 and independent journalists and bloggers2 and 7,c7 the unjustified detention and forced or attempted expulsion of members of the ,coordination ,council in ,belarus2 7#b7 to continue demanding the immediate release without preconditions of all political prisoners in ,belarus and those arrested for peacefully protesting1 including all those individuals detained in connection with the ,august #i1 #bjbj1 presidential election2 7#c7 to stand in solidarity with the people of ,belarus1 including human rights defenders1 bloggers1 and journalists1 who are exercising their right to freedom of assembly1 freedom of expression1 and rule of law and to continue supporting the aspirations of the people of ,belarus for democracy1 human rights1 and the rule of law2 7#d7 to continue actively supporting the aspirations of the people of the ,republic of ,belarus-- 7,a7 to preserve the independence and sovereignty of their country2 and 7,b7 to freely exercise their religion1 including the head of the ,catholic ,church in ,belarus1 ,archbishop ,tadeusz ,kondrusiewicz1 who was barred from entering the country after criticizing ,belarusian authorities2 7#e7 to recognize the leading role of women in the peaceful protests and pro-democracy movement in ,belarus2 7#f7 to continue-- 7,a7 rejecting the invalid results of the fraudulent ,august #i1 #bjbj presidential election in ,belarus announced by the ,central ,election ,commission of the ,republic of ,belarus2 and 7,b7 supporting calls for new presidential and parliamentary elections1 conducted in a manner that is free and fair according to ,,osce standards and under the supervision of ,,osce observers and independent domestic observers2 7#g7 to refuse to recognize ,alyaksandr ,lukashenka as the legitimately elected leader of ,belarus2 7#h7 to not recognize any incorporation of ,belarus into a ,union ,state with ,russia1 since this so-called ,union ,state would be both an attempt to absorb ,belarus and a step to reconstituting the totalitarian ,soviet ,union2 7#i7 to continue calling for the fulfillment by the ,government of ,belarus of ,belarus's freely undertaken obligations as an ,,osce participating state and as a signatory of the ,charter of the ,united ,nations2 7#aj7 to support an ,,osce role in mediating a dialogue within ,belarus between the government and genuine representatives of ,belarusian society2 7#aa7 to recognize the ,coordination ,council as a legitimate institution to participate in a dialogue on a peaceful transition of power2 7#ab7 to applaud the commitment by foreign diplomats in ,minsk to engage with ,coordination ,council member and ,nobel ,laureate1 ,svetlana ,alexievich1 and to encourage an ongoing dialogue with her and with other leaders of the democratically-oriented political opposition in ,belarus2 7#ac7 to urge an expanded ,united ,states diplomatic presence in ,belarus to advocate for the aspirations of the people of ,belarus for democracy1 human rights1 and the rule of law2 7#ad7 to encourage the ,united ,states ,government-- 7,a7 to continue working closely with the ,european ,union1 the ,united ,kingdom1 ,canada1 and other countries and international organizations to promote the principles of democracy1 the rule of law1 and human rights in ,belarus2 and 7,b7 to impose targeted sanctions1 in coordination with the ,european ,union and other international partners1 against officials in ,belarus who are responsible for-- 7i7 undermining democratic processes in ,belarus2 or 7ii7 participating in human rights abuses related to political repression in ,belarus2 7#ae7 to call on the ,government of ,belarus to uphold its human rights obligations1 including those rights enumerated in the ,international ,covenant on ,civil and ,political ,rights2 and 7#af7 to support-- 7,a7 the continued territorial integrity of ,belarus2 and 7,b7 the right of the ,belarusian people to determine their future4 4 #cbd4 ,assistance to promote democracy1 civil society1 and sovereignty in ,belarus ,section #d of the ,belarus ,democracy ,act of #bjjd 7,public ,law #aji-dhj2 #bb ,u4,s4,c4 #ehaa note7 is amended-- 7#a7 by amending the section heading to read as follows3 ,assistance to promote democracy1 civil society1 and sovereignty in ,belarus42 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking ,european and inserting ,trans-,atlantic2 and 7,b7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 and 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,to assist the people of ,belarus in building the sovereignty and independence of their country4 2 7#c7 in subsection 7b7-- 7,a7 by inserting and ,belarusian groups outside of ,belarus after indigenous ,belarusian groups2 and 7,b7 by inserting and ,belarusian sovereignty before the period at the end2 7#d7 in subsection 7c7-- 7,a7 by striking paragraph 7#h72 7,b7 by redesignating paragraphs 7#c7 through 7#g7 as paragraphs 7#d7 through 7#h71 respectively2 7,c7 by inserting after paragraph 7#b7 the following3 7#c7 countering internet censorship and repressive surveillance technology that seek to limit free association1 control access to information1 and prevent citizens from exercising their rights to free speech2 2 7,d7 in paragraph 7#h71 as redesignated1 by striking and at the end2 and 7,e7 by adding at the end the following3 7#i7 supporting the work of women advocating freedom1 human rights1 and human progress2 7#aj7 supporting the development of ,belarusian language education2 7#aa7 enhancing the development of the private sector1 particularly the information technology sector1 and its role in the economy of ,belarus1 including by increasing the capacity of private sector actors1 developing business support organizations1 offering entrepreneurship training1 and expanding access to finance for small and medium enterprises2 7#ab7 supporting political refugees in neighboring ,european countries fleeing the crackdown in ,belarus2 7#ac7 supporting the gathering of evidence on and investigating of the human rights abuses in ,belarus2 7#ad7 supporting the public health response1 including filling the information void1 in ,belarus during the ,,covid-#ai pandemic2 and 7#ae7 other activities consistent with the purposes of this ,act4 2 7#e7 by redesignating subsection 7d7 as subsection 7g72 7#f7 by inserting after subsection 7c7 the following3 7d7 ,sense of ,congress ,it is the sense of ,congress that1 in light of the political crisis in ,belarus and the unprecedented mobilization of the ,belarusian people1 ,united ,states foreign assistance to ,belarusian civil society should be reevaluated and increased-- 7#a7 to carry out the purposes described in subsection 7a72 and 7#b7 to include the activities described in subsection 7c74 7e7 ,coordination with ,european partners ,in order to maximize impact1 eliminate duplication1 and further the achievement of the purposes described in subsection 7a71 the ,secretary of ,state shall ensure coordination with the ,european ,union and its institutions1 the governments of countries that are members of the ,european ,union1 the ,united ,kingdom1 and ,canada4 7f7 ,report on assistance ,not later than #a year after the date of the enactment of the ,belarus ,democracy1 ,human ,rights1 and ,sovereignty ,act of #bjbj1 the ,secretary of ,state1 acting through the ,office of the ,coordinator of ,u4,s4 ,assistance to ,europe and ,eurasia1 and in coordination with the ,administrator of the ,united ,states ,agency for ,international ,development1 shall submit a report to the appropriate congressional committees describing the programs and activities carried out to achieve the purposes described in subsection 7a71 including an assessment of whether or not progress was made in achieving those purposes4 2 and 7#g7 in subsection 7g71 as redesignated-- 7,a7 in the subsection heading1 by striking authorization of appropriations and all that follows through ,there are and inserting authorization of appropriations4--,there are2 7,b7 by striking fiscal years #bjjg and #bjjh and inserting fiscal years #bjba and #bjbb2 and 7,c7 by striking paragraph 7#b74 #cbe4 ,international broadcasting1 internet freedom1 and access to information in ,belarus ,section #e of the ,belarus ,democracy ,act of #bjjd 7,public ,law #aji-dhj2 #bb ,u4,s4,c4 #ehaa note7 is amended to read as follows3 #e4 ,international broadcasting1 internet freedom1 and access to information in ,belarus 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,president should support and reallocate resources to radio1 television1 and internet broadcasting conducted by ,radio ,free ,europe_/,radio ,liberty in languages spoken in ,belarus2 7#b7 the ,united ,states should also support other independent media providing objective information to the ,belarusian people1 particularly in the ,belarusian language2 7#c7 the ,president should provide the ,united ,states ,agency for ,global ,media with a surge capacity 7as such term is defined in section #caf of the ,united ,states ,international ,broadcasting ,act 7#bb ,u4,s4,c4 #fbaf77 for programs and activities in ,belarus2 7#d7 the ,chief ,executive ,officer of the ,united ,states ,agency for ,global ,media1 working through the ,open ,technology ,fund and in coordination with the ,secretary of ,state1 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 surveillance2 and 7#e7 the ,united ,states should continue to condemn the ,belarusian authorities' crackdown on independent media1 including the harassment and mass detentions of independent and foreign journalists and the denial of accreditation4 7b7 ,strategy ,to promote expanded broadcasting1 internet freedom1 and access to information in ,belarus 7#a7 ,in general ,not later than #abj days after the date of the enactment of the ,belarus ,democracy1 ,human ,rights1 and ,sovereignty ,act of #bjbj1 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 strategy1 including a cost estimate1 to carry out the following3 7,a7 ,expand independent radio1 television1 live stream1 and social network broadcasting and communications in ,belarus to provide news and information1 particularly in the ,belarusian language1 that is credible1 comprehensive1 and accurate4 7,b7 ,support the development and use of anti-censorship and circumvention technologies by the ,open ,technology ,fund and the ,bureau of ,democracy ,human ,rights and ,labor that enable the citizens of ,belarus to communicate securely and undertake internet activities without interference from the ,government of ,belarus4 7,c7 ,assist efforts to overcome attempts by the ,government of ,belarus to disrupt internet access and block content online4 7,d7 ,monitor the cooperation of the ,government of ,belarus with any foreign government or organization for purposes related to the censorship or surveillance of the internet1 including an assessment of any such cooperation in the preceding ten years4 7,e7 ,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 internet1 including an assessment of any such purchase or receipt in the preceding ten years4 7,f7 ,assist with the protection of journalists who have been targeted for free speech activities1 including through the denial of accreditation4 7,g7 ,provide cyber-attack mitigation services to civil society organizations in ,belarus4 7,h7 ,provide resources for educational materials and training on digital literacy1 bypassing internet censorship1 digital safety1 and investigative and analytical journalism for independent journalists working in ,belarus4 7,i7 ,build the capacity of civil society1 media1 and other nongovernmental and organizations to identify1 track1 and counter disinformation1 including from proxies of the ,government of ,russia working at ,belarusian state television4 7#b7 ,form ,the report required under paragraph 7#a7 shall be transmitted in unclassified form1 but may contain a classified annex4 4 #cbf4 ,sanctions against the ,government of ,belarus ,section #f of the ,belarus ,democracy ,act of #bjjd 7,public ,law #aji-dhj2 #bb ,u4,s4,c4 #ehaa note7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking ,december #ai1 #bjaj each place it appears and inserting ,august #i1 #bjbj2 7,b7 in paragraph 7#b71 by inserting 1 peaceful protesters1 after all opposition activists2 7,c7 by striking paragraphs 7#c7 and 7#f72 and 7,d7 by redesignating paragraphs 7#d71 7#e71 and 7#g7 as paragraphs 7#c71 7#d71 and 7#e71 respectively2 7#b7 in subsection 7c7-- 7,a7 in the subsection heading1 by inserting and ,russian individuals complicit in the crackdown that occurred after the ,august #i1 #bjbj1 election after ,belarus2 7,b7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 7,c7 by inserting after paragraph 7#c7 the following3 7#d7 is a member of the ,central ,election ,commission of ,belarus or assisted the ,commission in manipulating the presidential election of ,august #i1 #bjbj2 2 7,d7 in paragraph 7#e71 as redesignated1 to read as follows3 7#e7 is a member of any branch of the security or law enforcement services of ,belarus1 including the ,,kgb1 ,interior ,ministry1 and ,,omon special police unit1 and is responsible for1 or complicit in1 ordering1 controlling1 materially assisting1 sponsoring1 or providing financial1 material1 or technological support for1 or otherwise directing1 the crackdown on opposition leaders1 journalists1 and peaceful protestors that occurred in connection with the presidential election of ,august #i1 #bjbj2 or 2 and 7,e7 by adding at the end the following3 7#g7 is a government official1 including at the ,information ,ministry1 responsible for the crackdown on independent media1 including revoking the accreditation of journalists1 disrupting internet access1 and restricting online content2 7#h7 is an official in the so-called ,union ,state between ,russia and ,belarus 7regardless of nationality of the individual72 or 7#i7 is a ,russian individual that has significantly participated in the crackdown on independent press or human rights abuses related to political repression in ,belarus1 including the ,russian propagandists sent to replace local employees at ,belarusian state media outlets4 2 7#c7 in subsection 7d77#a71 by striking the ,overseas ,private ,investment ,corporation and inserting the ,united ,states ,international ,development ,finance ,corporation2 7#d7 in subsection 7e71 by striking 7including any technical assistance or grant7 of any kind2 and 7#e7 in subsection 7f7-- 7,a7 in paragraph 7#a77;,a71 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 ,belarus1 or an official of the so-called ,union ,state with ,russia2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by adding at the end before the semicolon the following3 1 or an official of the so-called ,union ,state with ,russia2 and 7ii7 in subparagraph 7,b71 by inserting 1 or the so-called ,union ,state with ,russia1 after the ,government of ,belarus4 #cbg4 ,multilateral cooperation ,section #g of the ,belarus ,democracy ,act of #bjjd 7,public ,law #aji-dhj2 #bb ,u4,s4,c4 #ehaa note7 is amended to read as follows3 #g4 ,multilateral cooperation ,it is the sense of ,congress that the ,president should continue to coordinate with the ,european ,union and its institutions1 ,european ,union member states1 the ,united ,kingdom1 and ,canada to develop a comprehensive1 multilateral strategy-- 7#a7 to further the purposes of this ,act1 including1 as appropriate1 encouraging other countries to take measures with respect to the ,republic of ,belarus that are similar to measures described in this ,act2 and 7#b7 to deter the ,government of the ,russian ,federation from undermining democratic processes and institutions in ,belarus or threatening the independence1 sovereignty1 and territorial integrity of ,belarus4 4 #cbh4 ,reports ,section #h of the ,belarus ,democracy ,act of #bjjd 7,public ,law #aji-dhj2 #bb ,u4,s4,c4 #ehaa note7 is amended to read as follows3 #h4 ,reports 7a7 ,report on threat to sovereignty and independence of ,belarus 7#a7 ,in general ,not later than #abj days after the date of the enactment of the ,belarus ,democracy1 ,human ,rights1 and ,sovereignty ,act of #bjbj1 the ,secretary of ,state1 in coordination with the ,director of ,national ,intelligence and the ,secretary of the ,treasury1 shall transmit to the appropriate congressional committees a report describing the threat that the ,government of ,russia poses to the sovereignty and independence of ,belarus4 7#b7 ,matters to be included ,the report required under paragraph 7#a7 shall include-- 7,a7 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 ,belarus2 7,b7 a description of the economic and energy assets in ,belarus that the ,government of ,russia1 including ,russian state-owned or state-controlled companies1 controls2 7,c7 a description of ,belarus major enterprises that are vulnerable of being taken over by ,russian entities amid the country's worsening financial crisis2 7,d7 a description of how and to what ends the ,government of ,russia seeks to augment its military presence in ,belarus2 7,e7 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 history1 culture1 and language2 7,f7 a description of other actors in ,belarus that the ,government of ,russia uses to advance its malign influence1 including veterans' organizations and extrajudicial networks2 7,g7 a description of efforts to undermine ,belarusian language1 cultural1 and national symbols1 including the traditional red and white flag and the ,pahonia mounted knight2 and 7,h7 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 #i1 #bjbj1 presidential election4 7#c7 ,form ,the report required under this subsection shall be transmitted in unclassified form1 but may contain a classified annex4 7b7 ,report on personal assets of ,alyaksandr ,lukashenka 7#a7 ,in general ,not later than #ij days after the date of the enactment of the ,belarus ,democracy1 ,human ,rights1 and ,sovereignty ,act of #bjbj1 the ,director of ,national ,intelligence1 in consultation with the ,secretary of the ,treasury and the ,secretary of ,state1 shall submit to the appropriate congressional committees a report describing-- 7,a7 the total assets under the direct or indirect control of ,alyaksandr ,lukashenka1 including estimated assets and known sources of income of ,alyaksandr ,lukashenka and his immediate family members1 including assets1 investments1 bank accounts1 and other business interests2 and 7,b7 an identification of the most significant senior foreign political figures in ,belarus1 as determined by their closeness to ,alyaksandr ,lukashenka4 7#b7 ,waiver ,the ,director of ,national ,intelligence may waive1 in whole or in part1 the reporting requirement under paragraph 7#a77;,a7 if the ,director submits to the appropriate congressional committees-- 7,a7 a written justification stating that the waiver is in the national interest of the ,united ,states2 and 7,b7 a detailed explanation of the reasons therefor4 7#c7 ,form ,the report required under this subsection shall be transmitted in unclassified form1 but may contain a classified annex4 4 #cbi4 ,definitions ,section #i of the ,belarus ,democracy ,act of #bjjd 7,public ,law #aji-dhj2 #bb ,u4,s4,c4 #ehaa note7 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7,c7 the ,committee on ,appropriations of the ,senate2 7,d7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,e7 the ,committee on ,financial ,services of the ,house of ,representatives2 and 7,f7 the ,committee on ,appropriations of the ,house of ,representatives4 2 and 7#b7 in paragraph 7#c77;,b7-- 7,a7 in clause 7i71 by inserting members of the security and intelligence services1 after prosecutors12 and 7,b7 in clause 7ii71 by inserting 1 electoral fraud1 online censorship1 or restrictions on independent media and journalists after public corruption4 #ccj4 ,determination of budgetary effects ,the budgetary effects of this subtitle1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this subtitle1 submitted for printing in the ,congressional ,record by the ,chairman of the ,house ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 ,d ,gandhi-,king ,scholarly ,exchange ,initiative ,act #cca4 ,short title ,this subtitle may be cited as the ,gandhi-,king ,scholarly ,exchange ,initiative ,act4 #ccb4 ,findings ,congress makes the following findings3 7#a7 ,the peoples of the ,united ,states and ,india have a long history of friendship and the interests of the peoples of the ,united ,states1 ,india1 and the world will benefit from a stronger ,united ,states-,india partnership4 7#b7 ,mohandas ,karamchand ,gandhi and ,martin ,luther ,king1 ,jr41 were dedicated leaders fighting for social justice and social change1 peace1 and civil rights in their respective communities1 and countries and in the world4 7#c7 ,the use of nonviolent civil disobedience is a shared tactic that has played a key role in defeating social injustice in ,india1 the ,united ,states1 and in other parts of the world4 7#d7 ,mohandas ,gandhi1 who was born on ,october #b1 #ahfi1 was murdered on ,january #cj1 #aidh1 after dedicating his life to the peaceful empowerment of the people of ,india and to the end of ,british colonial rule4 7#e7 ,martin ,luther ,king1 ,jr41 who was born on ,january #ae1 #aibi1 was murdered on ,april #d1 #aifh1 after a life dedicated to peaceful movements against segregation1 discrimination1 racial injustice1 and poverty4 7#f7 ,in ,february #aiei1 ,dr4 ,king and his wife1 ,coretta ,scott ,king1 traveled throughout ,india4 ,by the end of his monthlong visit1 ,dr4 ,king said1 ,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 dignity44 7#g7 ,fifty years after ,dr4 ,king's visit1 ,all ,india ,radio1 the national radio station of ,india1 discovered a taped message by ,dr4 ,king that emphasized the intellectual harmony between the messages of ,dr4 ,king and ,mohandas ,gandhi on nonviolent social action4 7#h7 ,on ,august #bb1 #bjaa1 the ,dr4 ,martin ,luther ,king1 ,jr41 ,national ,memorial opened to the public in ,washington1 ,,dc4 ,this newest memorial on the ,national ,mall pays tribute to ,dr4 ,king's national and international contributions to world peace through nonviolent social change4 7#i7 ,the #aafth ,congress coincides with both the #aejth birth anniversary of ,mohandas ,gandhi and the #ijth birth anniversary of ,dr4 ,martin ,luther ,king1 ,jr4 7#aj7 ,mohandas ,gandhi1 who employed the principle of satyagraha1 or fighting with peace1 has come to represent the moral force inspiring many civil and social rights movement around the world4 7#aa7 ,dr4 ,king's effective use of ,gandhi's principles was instrumental to the ,american civil rights movement4 7#ab7 ,there is a long history of civil and social rights movements in the ,united ,states and in ,india4 ,as the relationship between the ,united ,states and ,india evolves1 a binational foundation through which the governments of each country can work together and catalyze private investment toward development objectives would provide an ongoing1 productive institution and symbol of the friendship and common ideals of the respective governments and their peoples4 7#ac7 ,there is a global goal of ending tuberculosis by #bjcj1 the ,united ,states and ,india seek a ,,tb-,free ,india by #bjbe1 and the ,united ,states-,india ,gandhi-,king ,development ,foundation1 as described in this subtitle1 could help address gaps across the ,,tb value chain in prevention1 detection1 diagnosis1 and treatment1 and catalyze market-based strategies to bridge the service gap for the last mile4 7#ad7 ,leaders in both countries have prioritized the ,united ,states-,india relationship and continue to support a strengthened ,united ,states-,india partnership1 recognizing that it will be one of the defining partnerships of the #bast century4 #ccc4 ,gandhi-,king ,scholarly ,exchange ,initiative 7a7 ,in general ,in order to further the shared ideals and values of ,mohandas ,gandhi and ,martin ,luther ,king1 ,jr1 the ,secretary of ,state should establish1 in cooperation with the appropriate representatives of the ,government of ,india1 a professional exchange program known as the ,gandhi-,king ,scholarly ,exchange ,initiative4 ,the initiative should be comprised of the following3 7#a7 ,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 ,king1 ,jr41 which should-- 7,a7 be held alternately in the ,united ,states and in ,india2 7,b7 include representatives from governments1 nongovernmental organizations1 civic organizations1 and educational1 cultural1 women's1 civil1 and human rights groups1 including religious and ethnic minorities and marginalized communities2 and 7,c7 focus on studying the works of ,gandhi and ,king1 and applying their philosophies of nonviolent resistance to addressing current issues1 including poverty alleviation1 conflict mitigation1 human and civil rights challenges1 refugee crises1 and threats to democracy and democratic norms in countries around the world4 7#b7 ,an undergraduate1 graduate1 and post-graduate student exchange for students in the ,united ,states and ,india to-- 7,a7 study the history and legacies of ,martin ,luther ,king1 ,jr41 and ,mohandas ,gandhi2 and 7,b7 research1 develop1 and recommend best practices relating to peace1 nonviolence1 and reconciliation in current conflict regions4 7b7 ,sunset ,the authorities provided under this section shall terminate on the date that is five years after the date of enactment of this ,act4 #ccd4 ,gandhi-,king ,global ,academy 7a7 ,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 nonviolence4 ,such training initiative shall be known as the ,gandhi-,king ,global ,academy and should-- 7#a7 include representatives from governments1 nongovernmental organizations1 civic organizations1 and educational1 cultural1 women's1 civil1 and human rights groups1 including religious and ethnic minorities and marginalized communities in countries with ongoing political1 social1 ethnic1 or violent conflict2 7#b7 include a specific focus on the success of nonviolent movements1 inclusion1 and representation in conflict resolution2 7#c7 develop a curriculum on conflict resolution tools based on the principles of nonviolence2 and 7#d7 make the curriculum publicly available online1 in person1 and through a variety of media4 7b7 ,prohibition ,the ,united ,states ,institute of ,peace may not1 in the course of any activity authorized by subsection 7a71 enter into any contract with an outside entity to conduct advocacy on its behalf4 7c7 ,sunset ,the authorities provided under this section shall terminate on the date that is five years after the date of enactment of this ,act4 #cce4 ,establishment of the ,united ,states-,india ,gandhi-,king ,development ,foundation 7a7 ,establishment ,the ,administrator of the ,united ,states ,agency for ,international ,development 7,,usaid71 with the concurrence of the ,secretary of ,state and in coordination with appropriate counterparts in the ,government of ,india1 is authorized to establish1 on such terms and conditions as are determined necessary1 one or more legal entities to compose the ,united ,states-,india ,gandhi-,king ,development ,foundation 7in this section referred to as the ,foundation74 ,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 ,states4 7b7 ,functions ,the ,foundation1 through one or more entities referred to in subsection 7a7-- 7#a7 shall identify development priorities and administer and oversee competitively-awarded grants to private nongovernmental entities to address such priorities in ,india1 including-- 7,a7 health initiatives addressing tuberculosis 7,,tb71 water1 sanitation1 and health 7,,wash71 and pollution and related health impacts 7,,phi72 7,b7 pollution1 plastic waste reduction1 and climate-related shocks2 7,c7 education2 and 7,d7 empowerment of women2 7#b7 should provide credible platforms and models1 including returnable capital to attract and blend public and private capital1 which can then be deployed efficiently and effectively to address the priorities identified in paragraph 7#a74 7c7 ,additionality 7#a7 ,in general ,before an entity within the ,foundation makes a grant under subsection 7b77#a7 to address a priority identified under such subsection1 the ,foundation shall ensure that private sector entities are afforded an opportunity to support the projects funded by such grants4 7#b7 ,safeguards1 policies1 and guidelines ,the ,foundation shall develop appropriate safeguards1 policies1 and guidelines to ensure that grants made under subsection 7b77#a7 operate according to internationally recognized best practices and standards1 including for transparency and accountability4 7d7 ,limitations ,no party receiving a grant made under subsection 7b77#a7 may receive such grant in an amount that is more than five percent of amounts appropriated or otherwise made available under section #ccg7;a77#c7 to the entity in the ,foundation making such grant4 7e7 ,governing council 7#a7 ,purpose ,the ,government of the ,united ,states and the ,government of ,india shall convene a ,governing ,council to provide guidance and direction to the ,foundation4 7#b7 ,appointment of members ,the ,administrator of the ,united ,states ,agency for ,international ,development1 with the concurrence of the ,secretary of ,state1 shall appoint a majority of the ,governing ,council of the ,foundation for a period of five years following the establishment of the ,foundation4 7#c7 ,charter ,the ,governing ,council of the ,foundation shall adopt a charter for the operation of the ,foundation1 which shall include provisions to-- 7,a7 identify development priorities or a process to identify development priorities2 7,b7 define criteria for application1 merit review1 and transparent1 competitive awarding of grants by the ,foundation2 7,c7 establish an annual organization-wide audit by an independent auditor in accordance with generally accepted auditing standards1 the results of which shall be made immediately available to the ,board1 the ,administrator of the ,united ,states ,agency for ,international ,development1 and the appropriate ,government of ,india counterpart2 7,d7 assist in the creation of project specific timetables for each of the projects funded by a grant from the ,foundation2 7,e7 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 counterpart2 and 7,f7 establish an annual report on the activities of the ,foundation to be made publicly available4 7f7 ,publicly available project information ,the ,foundation shall maintain a user-friendly1 publicly available1 machine readable database with detailed project level information1 as appropriate1 including a description of the grants made by the ,foundation under this section and project level performance metrics4 7g7 ,detail of ,united ,states ,government personnel to the foundation 7#a7 ,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 subtitle1 the ,administrator and the ,secretary are authorized to detail or assign any officer or employee of the ,agency or the ,department1 respectively1 to any position in the ,foundation to provide technical1 scientific1 or professional assistance to the ,foundation or1 in cooperation with the ,foundation1 to implementing partners of the ,foundation1 without reimbursement to the ,united ,states ,government4 7#b7 ,status ,any ,united ,states ,government officer or employee1 while detailed or assigned under this subsection1 shall be considered1 for the purpose of preserving their allowances1 privileges1 rights1 seniority1 and other benefits as such1 an officer or employee of the ,united ,states ,government and of the agency of the ,united ,states ,government from which detailed or assigned1 and shall continue to receive compensation1 allowances1 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 assignment1 in accordance with authorities related to their employment status and agency policies4 7#c7 ,sunset ,the authorities provided under this subsection shall terminate on the date that is five years after the establishment of the ,foundation4 #ccf4 ,reporting requirements 7a7 ,initial reports ,not later than #abj days after the date of the enactment of this ,act-- 7#a7 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 #ccc2 7#b7 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 #ccd2 and 7#c7 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 #cce4 7b7 ,periodic updates ,the ,secretary of ,state1 president and chief executive officer of the ,united ,states ,institute of ,peace1 and ,administrator of the ,united ,states ,agency for ,international ,development shall submit to the committees described in subsection 7a77#c7 an update on a semiannual basis regarding the progress in implementing each of the initiatives or establishing the organization referred to in such subsection4 #ccg4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated to carry out-- 7#a7 section #ccc1 up to #a1jjj1jjj for each of fiscal years #bjba through #bjbe to the ,secretary of ,state 7#b7 section #ccd1 up to #b1jjj1jjj for fiscal year #bjba to the ,united ,states ,institute of ,peace2 7#c7 section #cce1 up to #cj1jjj1jjj for fiscal year #bjba to the ,administrator of the ,united ,states ,agency for ,international ,development2 and 7#d7 section #cce1 up to an additional #ae1jjj1jjj for each of fiscal years #bjbb through #bjbe to the ,administrator of the ,united ,states ,agency for ,international ,development1 if the private sector in ,india commits amounts equal to that contributed by the ,united ,states4 7b7 ,sense of ,congress on foreign assistance funds ,it is the sense of ,congress that the authorization of appropriations under subsection 7a7 should be renewable for one or more periods of not more than #e years if-- 7#a7 authorized by ,congress2 and 7#b7 the ,secretary of ,state1 in consultation with the ,administrator of the ,united ,states ,agency for ,international ,development1 determines that the ,foundation's work is successful in addressing the priorities identified in section #cce7;b77#a7 and that the private sector in ,india has committed funds to the ,foundation in accordance with subsection 7a77#d74 ,e ,tibetan ,policy and ,support ,act of #bjbj #cda4 ,modifications to and ,reauthorization of ,tibetan ,policy ,act of #bjbj 7a7 ,tibetan negotiations ,section #fac of the ,tibetan ,policy ,act of #bjjb 7#bb ,u4,s4,c4 #fija note7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting without preconditions after a dialogue2 7ii7 by inserting or democratically-elected leaders of the ,tibetan community after his representatives2 and 7iii7 by inserting before the period at the end the following3 and should coordinate with other governments in multilateral efforts toward this goal2 7,b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,c7 by inserting after paragraph 7#a7 the following new paragraph3 7#b7 ,policy communication ,the ,secretary of ,state shall ensure that1 in accordance with this ,act1 ,united ,states policy on ,tibet1 as coordinated by the ,united ,states ,special ,coordinator for ,tibetan ,issues1 is communicated to all ,federal departments and agencies in contact with the ,government of the ,people's ,republic of ,china4 2 7#b7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking until ,december #ca1 #bjba and inserting until ,december #ca1 #bjca2 and 7ii7 by inserting and direct the ,department of ,state to make public on its website after appropriate congressional committees2 7,b7 in paragraph 7#a71 by striking 2 and and inserting a semicolon2 7,c7 in paragraph 7#b71 by striking the period at the end and inserting 2 and 2 and 7,d7 by adding at the end the following new paragraph3 7#c7 the steps taken by the ,united ,states ,government to promote the human rights and distinct religious1 cultural1 linguistic1 and historical identity of the ,tibetan people1 including the right of the ,tibetan people to select1 educate1 and venerate their own religious leaders in accordance with their established religious practice and system4 4 7b7 ,tibet project principles ,section #faf of such ,act 7#bb ,u4,s4,c4 #fija note7 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#e71 by inserting human rights1 after respect ,tibetan2 7,b7 in paragraph 7#h71 by striking 2 and and inserting a semicolon2 7,c7 in paragraph 7#i7-- 7i7 by inserting involuntary or coerced after nor facilitate the2 and 7ii7 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following new paragraph3 7#aj7 neither provide incentive for1 nor facilitate the involuntary or coerced relocation of1 ,tibetan nomads from their traditional pasturelands into concentrated settlements4 2 7#b7 by adding at the end the following new subsections3 7e7 ,united ,states assistance 7#a7 ,in general ,the ,president is authorized to provide assistance to nongovernmental organizations to support inclusive economic growth1 resilience1 global health1 education1 environmental stewardship1 and cultural and historical preservation for ,tibetan communities in ,tibet1 in accordance with the principles specified in subsection 7d74 7#b7 ,coordination ,assistance authorized under paragraph 7#a7 shall be carried out in coordination with the ,united ,states ,special ,coordinator for ,tibetan ,issues in accordance with section #fba7;d74 7f7 ,private sector investment ,the ,secretary of ,state1 in coordination with the ,secretary of ,commerce1 should-- 7#a7 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 7d7 and the ,united ,nations ,guiding ,principles on ,business and ,human ,rights2 and 7#b7 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 7#a7 and the business practices of such businesses and individuals in ,tibet4 4 7c7 ,diplomatic representation relating to ,tibet ,section #fah of such ,act 7#bb ,u4,s4,c4 #fija note7 is amended to read as follows3 #fah4 ,diplomatic representation relating to ,tibet 7a7 ,united ,states consulate in lhasa1 ,tibet ,the ,secretary should seek to establish a ,united ,states consulate in ,lhasa1 ,tibet-- 7#a7 to provide consular services to ,united ,states citizens traveling in ,tibet2 and 7#b7 to monitor political1 economic1 and cultural developments in ,tibet4 7b7 ,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 ,lhasa1 ,tibet1 is established under subsection 7a74 7c7 ,waiver ,the ,secretary may waive the requirement under subsection 7b71 notwithstanding the lack of a ,united ,states consulate in ,lhasa1 not less than #cj 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-- 7#a7 a specific and detailed rationale for the determination that the waiver is in the national security interests of the ,united ,states2 and 7#b7 a description of the efforts by the ,department of ,state to seek the establishment of a ,united ,states consulate in ,lhasa4 4 7d7 ,religious persecution in ,tibet ,section #fbj7;b7 of such ,act 7#bb ,u4,s4,c4 #fija note7 is amended by inserting before the period at the end the following3 1 including with respect to the reincarnation system of ,tibetan ,buddhism4 7e7 ,united ,states ,special ,coordinator for ,tibetan issues ,section #fba of such ,act 7#bb ,u4,s4,c4 #fija note7 is amended-- 7#a7 by amending subsection 7c7 to read as follows3 7c7 ,objectives ,the objectives of the ,special ,coordinator are to-- 7#a7 promote substantive dialogue without preconditions1 between the ,government of the ,people's ,republic of ,china and the ,dalai ,lama1 his or her representatives1 or democratically elected leaders of the ,tibetan community1 or explore activities to improve prospects for dialogue1 that leads to a negotiated agreement on ,tibet2 7#b7 coordinate with other governments in multilateral efforts towards the goal of a negotiated agreement on ,tibet2 7#c7 encourage the ,government of the ,people's ,republic of ,china to address the aspirations of the ,tibetan people with regard to their distinct historical1 cultural1 religious1 and linguistic identity2 7#d7 promote the human rights of the ,tibetan people2 7#e7 promote activities to preserve environment and water resources of the ,tibetan plateau2 7#f7 encourage that any initiatives or activities for ,tibetan communities in the ,tibet ,autonomous ,region are conducted in accordance with the principles espoused in section #faf7;d72 and 7#g7 promote access to ,tibet in accordance with the ,reciprocal ,access to ,tibet ,act of #bjah 7,public ,law #aae-ccj74 2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#e71 by striking 2 and and inserting a semicolon2 7,b7 by redesignating paragraph 7#f7 as paragraph 7#h72 and 7,c7 by inserting after paragraph 7#e7 the following new paragraphs3 7#f7 provide guidance with respect to all projects carried out pursuant to assistance provided under section #faf7;e72 7#g7 seek to establish international diplomatic coalitions to-- 7,a7 oppose any effort by the ,government of the ,people's ,republic of ,china to select1 educate1 and venerate ,tibetan ,buddhist religious leaders in a manner inconsistent with the principle that the succession or identification of ,tibetan ,buddhist lamas1 including the ,dalai ,lama1 should occur without interference1 in a manner consistent with traditional practice2 and 7,b7 ensure that the identification and installation of ,tibetan ,buddhist religious leaders1 including any future ,dalai ,lama1 is determined solely within the ,tibetan ,buddhist faith community1 in accordance with the internationally-recognized right to religious freedom2 and 2 and 7#c7 by adding at the end the following new subsection3 7e7 ,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 section4 4 #cdb4 ,statement of policy regarding the succession or reincarnation of the ,dalai ,lama 7a7 ,findings ,congress finds the following3 7#a7 ,tibetan ,buddhism is practiced in many countries including ,bhutan1 ,india1 ,mongolia1 ,nepal1 the ,people's ,republic of ,china1 the ,russian ,federation1 and the ,united ,states1 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 leader1 the ,dalai ,lama1 through actions such as those described in the ,measures on the ,management of the ,reincarnation of ,living ,buddhas in #bjjg4 7#b7 ,on ,march #ai1 #bjai1 ,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 conventions4 7#c7 ,the ,government of the ,people's ,republic of ,china has interfered in the process of recognizing a successor or reincarnation of ,tibetan ,buddhist leaders1 including in #aiie by arbitrarily detaining ,gedhun ,choekyi ,nyima1 a #f-year old boy who was identified as the #aath ,panchen ,lama1 and purporting to install its own candidate as the ,panchen ,lama4 7#d7 ,the #adth ,dalai ,lama1 ,tenzin ,gyatso1 issued a statement on ,september #bd1 #bjaa1 explaining the traditions and spiritual precepts of the selection of ,dalai ,lamas1 setting forth his views on the considerations and process for selecting his successor1 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 ,lama4 7#e7 ,the #adth ,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 #aeth ,dalai ,lama to be recognized1 then the responsibility shall primarily rest with the officers of the ,dalai ,lama's ,gaden ,phodrang ,trust1 who will be informed by the written instructions of the #adth ,dalai ,lama4 7#f7 ,since #bjaa1 the #adth ,dalai ,lama has reiterated publicly on numerous occasions that decisions on the successions1 emanations1 or reincarnations of the ,dalai ,lama belongs to the ,tibetan ,buddhist faith community alone4 7#g7 ,on ,june #h1 #bjae1 the ,united ,states ,house of ,representatives unanimously approved ,house ,resolution #ccg 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 traditions1 and that matters related to reincarnations in ,tibetan ,buddhism are of keen interest to ,tibetan ,buddhist populations worldwide4 7#h7 ,on ,april #be1 #bjah1 the ,united ,states ,senate unanimously approved ,senate ,resolution #dbi which expresses its sense that the identification and installation of ,tibetan ,buddhist religious leaders1 including a future #aeth ,dalai ,lama1 is a matter that should be determined solely within the ,tibetan ,buddhist faith community1 in accordance with the inalienable right to religious freedom4 7#i7 ,the ,department of ,state's ,report on ,international ,religious ,freedom for #bjah 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 leaders1 including reincarnate lamas1 and stated that ,united ,states officials underscored that decisions on the reincarnation of the ,dalai ,lama should be made solely by faith leaders44 7b7 ,statement of policy ,it is the policy of the ,united ,states that-- 7#a7 decisions regarding the selection1 education1 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 ,buddhism2 7#b7 the wishes of the #adth ,dalai ,lama1 including any written instructions1 should play a key role in the selection1 education1 and veneration of a future #aeth ,dalai ,lama2 and 7#c7 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 #adth ,dalai ,lama and any future ,dalai ,lamas would represent a clear abuse of the right to religious freedom of ,tibetan ,buddhists and the ,tibetan people4 7c7 ,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 #aeth ,dalai ,lama of ,tibetan ,buddhism1 successor to the #adth ,dalai ,lama1 including by-- 7#a7 imposing sanctions pursuant to the ,global ,magnitsky ,human ,rights ,accountability ,act 7#bb ,u4,s4,c4 #bfef note72 and 7#b7 prohibiting admission to the ,united ,states under section #bab7;a77#b77;,g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77;,g774 7d7 ,department of ,state programming to promote religious freedom for ,tibetan ,buddhists ,consistent with section #dja of the ,frank ,r4 ,wolf ,international ,religious ,freedom ,act 7,public ,law #aad-bha2 #acj ,stat4 #adcf71 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 elsewhere4 #cdc4 ,policy regarding the environment and water resources on the ,tibetan ,plateau 7a7 ,findings ,congress finds the following3 7#a7 ,the ,tibetan ,plateau contains glaciers1 rivers1 grasslands1 and other geographical and ecological features that are crucial for supporting vegetation growth and biodiversity and regulating water flow and supply for an estimated #a1hjj1jjj1jjj people4 ,environmental changes threaten the glaciers in ,tibet that feed the major rivers of ,south and ,east ,asia1 which supply freshwater to an estimated #a1hjj1jjj1jjj people4 7#b7 ,several factors1 including temperature changes1 large government-backed infrastructure projects1 and resettlement of ,tibetan nomads1 are likely to result in variable water flows in the future4 7#c7 ,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 storage1 water quality1 and the regulation of water flow1 support biodiversity1 foster vegetation growth1 and act as carbon sinks4 7#d7 ,traditional ,tibetan grassland stewardship practices1 which can be key to mitigating the negative effects of environmental changes on the ,tibetan ,plateau1 are undermined by the resettlement of nomads from ,tibetan grasslands4 7#e7 ,the ,people's ,republic of ,china has approximately #bj percent of the world's population but only around #g percent of the world's water supply1 while many countries in ,south and ,southeast ,asia rely on the rivers flowing from the ,himalayas of the ,tibetan ,plateau4 7#f7 ,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 ,china4 7b7 ,water resources in ,tibet and the ,tibetan ,watershed ,the ,secretary of ,state1 in coordination with relevant agencies of the ,united ,states ,government1 should-- 7#a7 pursue collaborative efforts with ,chinese and international scientific institutions1 as appropriate1 to monitor the environment on the ,tibetan ,plateau1 including glacial retreat1 temperature rise1 and carbon levels1 in order to promote a greater understanding of the effects on permafrost1 river flows1 grasslands and desertification1 and the monsoon cycle2 7#b7 engage with the ,government of the ,people's ,republic of ,china1 the ,tibetan people1 and nongovernmental organizations to encourage the participation of ,tibetan nomads and other ,tibetan stakeholders in the development and implementation of grassland management policies1 in order to utilize their indigenous experience in mitigation and stewardship of the land and to assess policies on the forced resettlement of nomads2 and 7#c7 encourage a regional framework on water security1 or use existing frameworks1 such as the ,lower ,mekong ,initiative1 to facilitate cooperative agreements among all riparian nations that would promote transparency1 sharing of information1 pollution regulation1 and arrangements on impounding and diversion of waters that originate on the ,tibetan ,plateau4 #cdd4 ,democracy in the ,tibetan exile community 7a7 ,findings ,congress finds the following3 7#a7 ,the #adth ,dalai ,lama advocates the ,middle ,way ,approach1 which seeks genuine autonomy for the #f1jjj1jjj ,tibetans in ,tibet4 7#b7 ,the #adth ,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 #bjaa4 7#c7 ,in #bjaa and again in #bjaf1 members of the ,tibetan exile community across some #cj countries held free and fair elections to select political leaders to serve in the ,central ,tibetan ,administration parliament and as chief executive4 7#d7 ,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 culture1 religion1 and language in ,tibet4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 ,tibetan exile communities around the world should be commended for the adoption of a system of self-governance with democratic institutions to choose their leaders2 7#b7 the ,dalai ,lama should be commended for his decision to devolve political authority to elected leaders in accordance with democratic principles2 7#c7 as of the date of the enactment of this ,act1 the ,central ,tibetan ,administration is the institution that represents and reflects1 to the greatest extent1 the aspirations of the ,tibetan diaspora around the world1 and the ,sikyong is the ,president of the ,central ,tibetan ,administration2 and 7#d7 as consistent with section #fba7;d77#c7 of the ,tibetan ,policy ,act of #bjjb 7#bb ,u4,s4,c4 #fija note71 the ,united ,states ,special ,coordinator for ,tibetan ,issues should continue to maintain close contact with the religious1 cultural1 and political leaders of the ,tibetan people4 #cde4 ,sustainability in ,tibetan communities seeking to preserve their culture1 religion1 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 ,india1 which commits the ,government of ,nepal to respect the principle of non-refoulement by continuing to give ,tibetan new arrivals access to the territory of ,nepal and allowing them safe passage through ,nepal to ,india4 #cdf4 ,authorization of appropriations 7a7 ,office of the ,united ,states ,special ,coordinator for ,tibetan ,issues ,there is authorized to be appropriated #a1jjj1jjj for each of the fiscal years #bjba through #bjbe for the ,office of the ,united ,states ,special ,coordinator for ,tibetan ,issues4 7b7 ,tibetan scholarship program and ,ngawang ,choephel exchange programs 7#a7 ,tibetan scholarship program ,there is authorized to be appropriated #fge1jjj for each of the fiscal years #bjba through #bjbe to carry out the ,tibetan scholarship program established under section #ajc7;b77#a7 of the ,human ,rights1 ,refugee1 and ,other ,foreign ,relations ,provisions ,act of #aiif 7,public ,law #ajd-cai2 #bb ,u4,s4,c4 #baea note74 7#b7 ,ngawang ,choephel exchange programs ,there is authorized to be appropriated #ege1jjj for each of the fiscal years #bjba through #bjbe to carry out the ,ngawang ,choephel ,exchange ,programs 7formerly known as programs of educational and cultural exchange between the ,united ,states and the people of ,tibet7 under section #ajc7;a7 of the ,human ,rights1 ,refugee1 and ,other ,foreign ,relations ,provisions ,act of #aiif 7,public ,law #ajd-cai2 #aaj ,stat4 #chfe74 7c7 ,humanitarian assistance and support to ,tibetan refugees in ,south ,asia ,amounts authorized to be appropriated or otherwise made available to carry out chapter #i of part ,i of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bbib et seq47 and the ,migration and ,refugee ,assistance ,act of #aifb 7,public ,law #hg-eaj7 for each of the fiscal years #bjba through #bjbe are authorized to be made available for humanitarian assistance1 including food1 medicine1 clothing1 and medical and vocational training1 for ,tibetan refugees in ,south ,asia who have fled facing a credible threat of persecution in the ,people's ,republic of ,china4 7d7 ,tibetan autonomous region and ,tibetan communities in ,china ,there is authorized to be appropriated #h1jjj1jjj for each year of the fiscal years #bjba through #bjbe under chapter #d of part ,,ii of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcdf et seq47 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 #faf7;d7 of the ,tibetan ,policy ,act of #bjjb 7#bb ,u4,s4,c4 #fija note74 7e7 ,assistance for ,tibetans in ,india and ,nepal ,there is authorized to be appropriated #f1jjj1jjj for each of the fiscal years #bjba through #bjbe under chapter #d of part ,,ii of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcdf et seq47 for programs to promote and preserve ,tibetan culture and language development1 and the resilience of ,tibetan communities in ,india and ,nepal1 and to assist in the education and development of the next generation of ,tibetan leaders from such communities4 7f7 ,tibetan governance ,there is authorized to be appropriated #c1jjj1jjj for each of the fiscal years #bjba through #bjbe under chapter #d of part ,,ii of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcdf et seq47 for programs to strengthen the capacity of ,tibetan institutions and strengthen democracy1 governance1 information and international outreach1 and research4 7g7 ,voice of america and radio free asia 7#a7 ,voice of america ,there is authorized to be appropriated #c1cdd1jjj for each of the fiscal years #bjba through #bjbe to ,voice of ,america for broadcasts described in paragraph 7#c74 7#b7 ,radio free asia ,there is authorized to be appropriated #d1jfj1jjj for each of the fiscal years #bjba through #bjbe to ,radio ,free ,asia for broadcasts described in paragraph 7#c74 7#c7 ,broadcasts described ,broadcasts described in this paragraph are broadcasts to provide uncensored news and information in the ,tibetan language to ,tibetans1 including ,tibetans in ,tibet4 ,f ,the ,united ,states - ,northern ,triangle ,enhanced ,engagement ,act #cea4 ,short title ,this subtitle may be cited as the ,the ,united ,states - ,northern ,triangle ,enhanced ,engagement ,act4 #ceb4 ,strategy to advance prosperity1 combat corruption1 strengthen democratic governance1 and improve civilian security in ,el ,salvador1 ,guatemala1 and ,honduras 7a7 ,elements ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state1 in coordination with the ,administrator of the ,united ,states ,agency for ,international ,development1 and the heads of other relevant ,federal agencies1 shall submit to the appropriate congressional committees a #e-year strategy to advance economic prosperity1 combat corruption1 strengthen democratic governance1 and improve civilian security in ,el ,salvador1 ,guatemala1 and ,honduras and to curb irregular migration from the region4 7b7 ,consideration ,in developing the strategy required under this section1 the ,secretary of ,state should consider the following priorities3 7#a7 ,promoting economic prosperity1 including by-- 7,a7 supporting market-based solutions to eliminate constraints to inclusive economic growth2 7,b7 addressing the underlying causes of poverty and inequality2 7,c7 responding to immediate humanitarian needs by improving humanitarian outcomes1 including through access to sanitation1 hygiene1 and shelter1 and by enabling the provision of health resources2 7,d7 supporting conservation and community resilience and strengthening community preparedness for natural disasters2 7,e7 identifying1 as appropriate1 a role for relevant ,united ,states agencies and the ,united ,states private sector in supporting efforts to increase private sector investment and advance economic prosperity2 and 7,f7 improving domestic resource mobilization1 including by strengthening tax collection and enforcement and legal arbitration mechanisms4 7#b7 ,combating corruption1 including by-- 7,a7 strengthening the capacity of national justice systems and attorneys generals to identify and prosecute money laundering and other financial crimes and breaking up financial holdings of organized criminal syndicates1 including illegally acquired lands and proceeds from illegal activities2 7,b7 strengthening special prosecutorial offices and financial institutions to conduct asset forfeitures and criminal analysis1 and to combat corruption1 money laundering1 financial crimes1 extortion1 and human rights crimes2 7,c7 implementing transparent1 merit-based selection processes for prosecutors and judges and the development of professional and merit-based civil services2 7,d7 establishing or strengthening methods1 procedures for internal and external control mechanisms for the security and police services and judiciary2 and 7,e7 supporting anticorruption efforts through bilateral assistance and complementary support through multilateral anticorruption mechanisms when necessary4 7#c7 ,advancing democratic governance1 including by-- 7,a7 strengthening government institutions at the local and national levels to provide services and respond to citizen needs through transparent1 inclusive1 and democratic processes2 7,b7 strengthening access to information laws and reforming laws that currently limit access to information2 7,c7 building the capacity of independent media to engage in professional investigative journalism2 7,d7 ensuring that threats and attacks on journalists1 labor leaders1 human rights defenders1 and other members of civil society are fully investigated and perpetrators are held accountable2 and 7,e7 strengthening electoral institutions and processes to ensure free1 fair1 and transparent elections4 7#d7 ,improving security conditions1 including by-- 7,a7 implementing the ,central ,america ,regional ,security ,initiative2 7,b7 increasing the professionalization of security services1 including the civilian police and military units2 7,c7 combating the illicit activities of transnational criminal organizations through support to fully vetted elements of attorneys general offices1 appropriate government institutions1 and security services2 and 7,d7 enhancing the capacity of relevant security services and attorneys general to support counternarcotics efforts and combat human trafficking1 forcible recruitment of children and youth by gangs1 gender-based violence1 and other illicit activities1 including trafficking of wildlife1 and natural resources4 7c7 ,consultation ,in developing the strategy required under this section1 the ,secretary of ,state may consult with civil society and the private sector in the ,united ,states1 ,el ,salvador1 ,guatemala1 and ,honduras4 7d7 ,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 ,salvador1 ,guatemala1 and ,honduras by measuring progress in key areas1 including-- 7#a7 reducing poverty and unemployment1 increasing private sector investment1 responding to immediate humanitarian needs1 sustainably reintegrating returnees1 supporting conservation and community resilience1 and addressing forced displacement in accordance with the priorities outlined in subsection 7b77#a72 7#b7 strengthening national justice systems and attorneys generals1 supporting multilateral anticorruption mechanisms1 identifying and prosecuting money laundering and other financial crimes1 breaking up financial holdings of organized criminal syndicates1 and advancing judicial integrity and investigative capacity of local authorities in accordance with the priorities outlined in subsection 7b77#b72 7#c7 strengthening government institutions at the local and national levels to provide services and respond to citizen needs through transparent1 inclusive1 and democratic processes1 promoting human rights1 building the capacity of independent media1 developing the capacity of civil society to conduct oversight1 affording legal protections for human rights defenders and members of civil society1 and strengthening electoral institutions in accordance with priorities outlined in subsection 7b77#c72 and 7#d7 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 7b77#d74 7e7 ,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 them1 and informing such citizens of the dangers of irregular migration to the ,united ,states4 7f7 ,annual progress updates ,not later than #a year after the submission of the strategy required under this section and annually thereafter for #d years1 the ,secretary of ,state shall provide the appropriate congressional committees with a written description of progress made in meeting the benchmarks established in the strategy4 7g7 ,public availability ,the strategy required under this section shall be made publicly available on the website of the ,department of ,state4 ,if appropriate1 a classified annex may be submitted to the appropriate congressional committees4 7h7 ,definition ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 #cec4 ,targeted sanctions to fight corruption in ,el ,salvador1 ,guatemala1 and ,honduras 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 corruption in ,el ,salvador1 ,guatemala1 and ,honduras by private citizens and select officials in local1 regional1 and ,federal governments significantly damages the economies of such countries and deprives citizens of opportunities2 7#b7 corruption in ,el ,salvador1 ,guatemala1 and ,honduras is facilitated and carried out not only by private citizens and select officials from those countries but also in many instances by individuals from third countries2 and 7#c7 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 ,salvador1 ,guatemala1 and ,honduras or obstruction of investigations into such acts of corruption will benefit the citizens and governments of such countries4 7b7 ,report required ,not later than #ahj days after the date of the enactment of this ,act1 and not less frequently than annually thereafter1 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 institutions1 or in significant corruption or obstruction of investigations into such acts of corruption in ,el ,salvador1 ,guatemala1 and ,honduras1 including the following3 7#a7 ,corruption related to government contracts4 7#b7 ,bribery and extortion4 7#c7 ,the facilitation or transfer of the proceeds of corruption1 including through money laundering4 7#d7 ,acts of violence1 harassment1 or intimidation directed at governmental and nongovernmental corruption investigators4 7c7 ,imposition of sanctions ,the ,president shall impose the sanctions described in subsection 7d7 with respect to each foreign person identified in the report required under subsection 7b74 7d7 ,sanctions described 7#a7 ,in general ,the sanctions described in this subsection are the following3 7,a7 ,ineligibility for visas and admission to the ,united ,states ,in the case of a foreign person who is an individual1 such foreign person is-- 7i7 inadmissible to the ,united ,states2 7ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7,b7 ,current visas revoked 7i7 ,in general ,the issuing consular officer or the ,secretary of ,state1 7or a designee of the ,secretary of ,state7 shall1 in accordance with section #bba7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;i771 revoke any visa or other entry documentation issued to a foreign person regardless of when the visa or other entry documentation is issued4 7ii7 ,effect of revocation ,a revocation under clause 7i7 shall-- 7,i7 take effect immediately2 and 7,,ii7 automatically cancel any other valid visa or entry documentation that is in the foreign person's possession4 7#b7 ,exception to comply with international obligations ,sanctions under subparagraph 7,b7 and 7,c7 of paragraph 7#a7 shall not apply with respect to a foreign person if admitting or paroling such person into the ,united ,states is necessary to permit the ,united ,states to comply with the ,agreement regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations4 7e7 ,national security waiver ,the ,president may waive the application of the sanctions under subsection 7c7 if the ,president-- 7#a7 determines that such a waiver is in the national security interest of the ,united ,states2 and 7#b7 submits to the appropriate congressional committees within #ae days after such determination a notice of and justification for the waiver4 7f7 ,termination ,the authority to impose sanctions under subsection 7b71 and any sanctions imposed pursuant to such authority1 shall expire on the date that is #c years after the date of the enactment of this ,act4 7g7 ,public availability ,the unclassified portion of the report required by subsection 7b7 shall be made available to the public1 including through publication in the ,federal ,register4 ,in any case in which the ,president concludes that such publication would be harmful to the national security of the ,united ,states1 only a statement that a determination or finding has been made by the ,president1 including the name and section of the ,act under which it was made1 shall be published4 7h7 ,definitions ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations and the ,committee on the ,judiciary of the ,senate2 7#b7 the ,committee on ,foreign ,affairs and the ,committee on the ,judiciary of the ,house of ,representatives4 ,g ,other provisions #cfa4 ,office of ,sanctions ,coordination 7a7 ,office of ,sanctions ,coordination of the ,department of ,state 7#a7 ,in general ,section #a of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bfea;a7 is amended by adding at the end the following new subsection3 7h7 ,office of ,sanctions ,coordination 7#a7 ,in general ,there is established1 within the ,department of ,state1 an ,office of ,sanctions ,coordination 7in this subsection referred to as the ,office74 7#b7 ,head ,the head of the ,office shall-- 7,a7 have the rank and status of ambassador2 7,b7 be appointed by the ,president1 by and with the advice and consent of the ,senate2 and 7,c7 report directly to the ,secretary of ,state4 7#c7 ,duties ,the head of the ,office shall-- 7,a7 exercise sanctions authorities delegated to the ,secretary2 7,b7 serve as the principal advisor to the senior management of the ,department and the ,secretary regarding the development and implementation of sanctions policy2 7,c7 serve as the lead representative of the ,united ,states in diplomatic engagement on sanctions matters2 7,d7 consult and closely coordinate with allies and partners of the ,united ,states1 including the ,united ,kingdom1 the ,european ,union and member countries of the ,european ,union1 ,canada1 ,australia1 ,new ,zealand1 ,japan1 and ,south ,korea1 to ensure the maximum effectiveness of sanctions imposed by the ,united ,states and such allies and partners2 7,e7 serve as the coordinator for the development and implementation of sanctions policy with respect to all activities1 policies1 and programs of all bureaus and offices of the ,department relating to the development and implementation of sanctions policy2 and 7,f7 serve as the lead representative of the ,department in interagency discussions with respect to the development and implementation of sanctions policy4 7#d7 ,direct hire authority 7,a7 ,in general ,the head of the ,office may appoint1 without regard to the provisions of sections #ccji through #ccah of title #e1 ,united ,states ,code1 candidates directly to positions in the competitive service1 as defined in section #bajb of that title1 in the ,office4 7,b7 ,termination ,the authority provided under subparagraph 7,a7 shall terminate on the date that is two years after the date of the enactment of this subsection4 4 7#b7 ,conforming amendment ,section #a7;c77#c7 of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bfea;a7c77#c77 is amended by adding at the end the following new subparagraph3 7,c7 ,coordination ,the ,assistant ,secretary authorized under subparagraph 7,a7 shall coordinate with the ,office of ,sanctions ,coordination established under subsection 7h7 with respect to the development and implementation of economic sanctions4 4 7#c7 ,briefing required ,not later than #fj days after the date of the enactment of this ,act and every #ij days thereafter until the date that is two years after such date of enactment1 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 7h7 of section #a of the ,state ,department ,basic ,authorities ,act of #aief1 as added by paragraph 7#a71 including a description of-- 7,a7 measures taken to implement the requirements of such subsection and to establish the ,office2 7,b7 actions taken by the ,office to carry out the duties listed in paragraph 7#c7 of such subsection2 7,c7 the resources devoted to the ,office1 including the number of employees working in the ,office2 and 7,d7 plans for the use of the direct hire authority provided under paragraph 7#d7 of such subsection4 7b7 ,coordination with allies and partners of the ,united ,states 7#a7 ,in general ,the ,secretary of ,state shall develop and implement mechanisms and programs1 as appropriate1 through the head of the ,office of ,sanctions ,coordination established pursuant to subsection 7h7 of section #a of the ,state ,department ,basic ,authorities ,act of #aief1 as added by subsection 7a77#a71 to coordinate the development and implementation of ,united ,states sanctions policies with allies and partners of the ,united ,states1 including the ,united ,kingdom1 the ,european ,union and member countries of the ,european ,union1 ,canada1 ,australia1 ,new ,zealand1 ,japan1 and ,south ,korea4 7#b7 ,information sharing ,the ,secretary should pursue the development and implementation of mechanisms and programs under paragraph 7#a71 as appropriate1 that involve the sharing of information with respect to policy development and sanctions implementation4 7#c7 ,capacity building ,the ,secretary should pursue efforts1 in coordination with the ,secretary of the ,treasury and the head of any other ,federal agency the ,secretary considers appropriate1 to assist allies and partners of the ,united ,states1 including the countries specified in paragraph 7#a71 as appropriate1 in the development of their legal and technical capacities to develop and implement sanctions authorities4 7#d7 ,exchange programs ,in furtherance of the efforts described in paragraph 7#c71 the ,secretary1 in coordination with the ,secretary of the ,treasury and the head of any other ,federal agency the ,secretary considers appropriate1 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 authorities4 7#e7 ,briefing required ,not later than #ij days after the date of the enactment of this ,act and every #ahj days thereafter until the date that is five years after such date of enactment1 the ,secretary of ,state shall brief the appropriate congressional committees on the efforts of the ,department of ,state to implement this section1 including a description of-- 7,a7 measures taken to implement paragraph 7#a72 7,b7 actions taken pursuant to paragraphs 7#b7 through 7#d72 7,c7 the extent of coordination between the ,united ,states and allies and partners of the ,united ,states1 including the countries specified in paragraph 7#a71 with respect to the development and implementation of sanctions policy2 and 7,d7 obstacles preventing closer coordination between the ,united ,states and such allies and partners with respect to the development and implementation of sanctions policy4 7c7 ,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 ,council4 7d7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,homeland ,security and ,governmental ,affairs1 and the ,committee on ,finance of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs1 the ,committee on ,financial ,services1 the ,committee on ,oversight and ,reform1 and the ,committee on ,way and ,means of the ,house of ,representatives4 ,,iv ,senate ,sergeant at ,arms ,cloud ,services #dja4 ,senate ,sergeant at ,arms ,cloud ,services 7a7 ,section #aj of the ,legislative ,branch ,appropriations ,act1 #bjje 7#b ,u4,s4,c4 #ffbh7 is amended-- 7#a7 by redesignating subsection 7b7 as subsection 7h72 and 7#b7 by striking subsection 7a7 and inserting the following3 7a7 ,in general ,in this section-- 7#a7 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 office2 7#b7 the term electronic communication service has the meaning given that term in section #beaj of title #ah1 ,united ,states ,code2 7#c7 the term ,office of the ,,saa means the ,office of the ,sergeant at ,arms and ,doorkeeper of the ,senate2 7#d7 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 services2 7#e7 the term remote computing service has the meaning given that term in section #bgaa of title #ah1 ,united ,states ,code2 7#f7 the term ,senate data1 with respect to a ,senate office1 means any electronic mail or other electronic or data communication1 other data 7including metadata71 or other information of the ,senate office2 and 7#g7 the term ,senate office means a committee or office of the ,senate1 including a ,senator1 an officer of the ,senate1 or an employee of1 intern at1 or other agent of a committee or office of the ,senate4 7b7 ,treatment 7#a7 ,retaining possession 7,a7 ,in general ,a ,senate office shall be deemed to retain possession of any ,senate data of the ,senate office1 without regard to the use by the ,senate office of any individual or entity described in paragraph 7#b7 for the purposes of any function or service described in paragraph 7#b74 7,b7 ,rule of construction ,subparagraph 7,a7 shall not be construed to limit the use by an intended recipient of any ,senate data from a ,senate office4 7#b7 ,sergeant at ,arms and providers for a ,senate office ,the ,office of the ,,saa1 any officer1 employee1 or agent of the ,office of the ,,saa1 and any provider for a ,senate office shall not be treated as acquiring possession1 custody1 or control of any ,senate data by reason of its being transmitted1 processed1 or stored 7whether temporarily or otherwise7 through the use of an electronic system established1 maintained1 or operated1 or the use of electronic services provided1 in whole or in part by the ,office of the ,,saa1 the officer1 employee1 or agent of the ,office of the ,,saa1 or the provider for the ,senate office4 7c7 ,notification ,notwithstanding any other provision of law or rule of civil or criminal procedure1 the ,office of the ,,saa1 any officer1 employee1 or agent of the ,office of the ,,saa1 and any provider for a ,senate office that is providing services to or used by a ,senate office shall not be barred1 through operation of any court order or any statutory provision1 from notifying the ,senate office of any legal process seeking disclosure of ,senate data of the ,senate office that is transmitted1 processed1 or stored 7whether temporarily or otherwise7 through the use of an electronic system established1 maintained1 or operated1 or the use of electronic services provided1 in whole or in part by the ,office of the ,,saa1 the officer1 employee1 or agent of the ,office of the ,,saa1 or the provider for a ,senate office4 7d7 ,motions to quash or modify ,upon a motion made promptly by a ,senate office or provider for a ,senate office1 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 office4 7e7 ,information regarding implications of using providers ,the ,office of the ,,saa1 in consultation with the ,senate ,legal ,counsel1 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 office4 7f7 ,applicable privileges ,nothing in this section shall be construed to limit or supersede any applicable privilege1 immunity1 or other objection that may apply to the disclosure of ,senate data4 7g7 ,preemption ,except as provided in this section1 any provision of law or rule of civil or criminal procedure of any ,state1 political subdivision1 or agency thereof1 which is inconsistent with this section shall be deemed to be preempted and superseded4 4 7b7 7#a7 ,in this subsection1 the terms ,senate data and ,senate office have the meanings given such terms in section #aj of the ,legislative ,branch ,appropriations ,act1 #bjje1 as amended by subsection 7a7 of this section4 7#b7 ,the amendments made by this section shall-- 7,a7 take effect as though included in the ,legislative ,branch ,appropriations ,act1 #bjje 7division ,g of ,public ,law #ajh-ddg2 #aah ,stat4 #caff72 and 7,b7 apply with respect to-- 7i7 any legal process seeking disclosure of ,senate data of a ,senate office that is filed1 issued1 or made on or after the date of enactment of this ,act2 and 7ii7 any matter that is pending on or after the date of enactment of this ,act that relates to legal process described in clause 7i7 that is filed1 issued1 or made before the date of enactment of this ,act1 unless the ,senate data of the ,senate office was disclosed in accordance with such legal process before the date of enactment of this ,act4 ,v ,repeal of ,requirement to ,sell ,certain ,federal ,property in ,plum ,island1 ,new ,york #eja4 ,repeal of requirement to sell certain ,federal property in ,plum ,island1 ,new ,york 7a7 ,repeal of requirement in ,public ,law #aaj-cbi ,section #edj of the ,department of ,homeland ,security ,appropriations ,act1 #bjji 7division ,d of ,public ,law #aaj-cbi2 #abb ,stat4 #cfhh7 is repealed4 7b7 ,repeal of requirement in ,public ,law #aab-gd ,section #ech of the ,department of ,homeland ,security ,appropriations ,act1 #bjab 7#f ,u4,s4,c4 #aij note2 division ,d of ,public ,law #aab-gd7 is repealed4 7c7 ,requirement ,the ,administrator of ,general ,services shall ensure that-- 7#a7 ,federal property commonly known as ,plum ,island1 ,new ,york1 including the ,orient point facility1 all real and personal property and transportation assets that support ,plum ,island operations and access to ,plum ,island1 be disposed of as a single consolidated asset2 and 7#b7 such disposal is subject to conditions as may be necessary to protect ,government interests and meet program requirements4 ,,vi ,preventing ,online ,sales of ,e-,cigarettes to ,children #fja4 ,short title ,this title may be cited as the ,preventing ,online ,sales of ,e-,cigarettes to ,children ,act4 #fjb4 ,amendments to the ,jenkins ,act 7a7 ,in general ,the ,act entitled ,an ,act to assist ,states in collecting sales and use taxes on cigarettes1 approved ,october #ai1 #aidi 7commonly known as the ,jenkins ,act7 7#ae ,u4,s4,c4 #cge et seq471 is amended-- 7#a7 in section #a 7#ae ,u4,s4,c4 #cge7-- 7,a7 in paragraph 7#b77;,a77ii7-- 7i7 by striking includes roll-your-own tobacco and inserting the following3 8includes-- 7,i7 roll-your-own tobacco 2 7ii7 in subclause 7,i71 as so designated1 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,,ii7 an electronic nicotine delivery system4 2 7,b7 by redesignating paragraphs 7#g7 through 7#ad7 as paragraphs 7#h7 through 7#ae71 respectively2 and 7,c7 by inserting after paragraph 7#f7 the following3 7#g7 ,electronic nicotine delivery system ,the term electronic nicotine delivery system-- 7,a7 means any electronic device that1 through an aerosolized solution1 delivers nicotine1 flavor1 or any other substance to the user inhaling from the device2 7,b7 includes-- 7i7 an e-cigarette2 7ii7 an e-hookah2 7iii7 an e-cigar2 7iv7 a vape pen2 7v7 an advanced refillable personal vaporizer2 7vi7 an electronic pipe2 and 7vii7 any component1 liquid1 part1 or accessory of a device described in subparagraph 7,a71 without regard to whether the component1 liquid1 part1 or accessory is sold separately from the device2 and 7,c7 does not include a product that is-- 7i7 approved by the ,food and ,drug ,administration for-- 7,i7 sale as a tobacco cessation product2 or 7,,ii7 any other therapeutic purpose2 and 7ii7 marketed and sold solely for a purpose described in clause 7i74 2 and 7#b7 in section #b;,a7b77#a7 7#ae ,u4,s4,c4 #cgf;a7b77#a771 by inserting ,,nicotine_/ after,c,i,g,a,r,e,t,t,e,s_/4 7b7 ,effective date ,this section1 and the amendments made by this section1 shall take effect on the date that is #ij days after the date of enactment of this ,act4 7c7 ,rule of construction ,nothing in this section1 or an amendment made by this section1 may be construed to affect or otherwise alter any provision of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq471 including its implementing regulations4 #fjc4 ,nonmailability of electronic nicotine delivery systems 7a7 ,regulations ,not later than #abj days after the date of enactment of this ,act1 the ,united ,states ,postal ,service shall promulgate regulations to clarify the applicability of the prohibition on mailing of cigarettes under section #agaf;,e of title #ah1 ,united ,states ,code1 to electronic nicotine delivery systems1 in accordance with the amendment to the definition of cigarette made by section #fjb4 7b7 ,effective date ,the prohibition on mailing of cigarettes under section #agaf;,e of title #ah1 ,united ,states ,code1 shall apply to electronic nicotine delivery systems on and after the date on which the ,united ,states ,postal ,service promulgates regulations under subsection 7a7 of this section4 ,,vii ,,fafsa ,simplification #gja4 ,short title2 effective date 7a7 ,short title ,this title may be cited as the ,,fafsa ,simplification ,act4 7b7 ,general effective date ,except as otherwise expressly provided1 this ,act1 and the amendments made by this title to the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq471 shall take effect on ,july #a1 #bjbc1 and shall apply with respect to award year #bjbc-bjbd and each subsequent award year1 as determined under the ,higher ,education ,act of #aife4 ,the ,secretary of ,education shall have the authority to take such steps as are necessary before ,july #a1 #bjbc1 to provide for the orderly implementation on such date of the amendments to the ,higher ,education ,act of #aife made by this ,act4 #gjb4 ,making it easier to apply for ,federal aid and making that aid predictable 7a7 ,need analysis 7#a7 ,in general ,section #dga of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgkk7 is amended to read as follows3 #dga4 ,amount of need ,except as otherwise provided therein1 for award year #bjbc-bjbd and each subsequent award year1 the amount of need of any student for financial assistance under this title 7except subpart #a or #b of part ,a7 is equal to-- 7#a7 the cost of attendance of such student1 minus 7#b7 the student aid index 7as defined in section #dgc7 for such student1 minus 7#c7 other financial assistance not received under this title 7as defined in section #dhj7;i774 4 7#b7 ,maximum aid under part d ,section #dea of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;a7 is amended by adding at the end the following3 7c7 ,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 student4 4 7#c7 ,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 #aife 7#bj ,u4,s4,c4 #ajja et seq47 under the amendments by this ,act1 including the student aid index1 formerly known as the expected family contribution1 and the need analysis formulas4 7b7 ,cost of attendance and student aid index ,sections #dgb and #dgc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgll and #ajhgmm7 are amended to read as follows3 #dgb4 ,cost of attendance 7a7 ,in general ,for the purpose of this title1 the term cost of attendance means-- 7#a7 tuition and fees normally assessed a student carrying the same academic workload as determined by the institution2 7#b7 an allowance for books1 course materials1 supplies1 and equipment1 which shall include all such costs required of all such students in the same course of study1 including a reasonable allowance for the documented rental or upfront purchase of a personal computer1 as determined by the institution2 7#c7 an allowance for transportation1 which may include transportation between campus1 residences1 and place of work1 as determined by the institution2 7#d7 an allowance for miscellaneous personal expenses1 for a student attending the institution on at least a half-time basis1 as determined by the institution2 7#e7 an allowance for living expenses1 including food and housing costs1 to be incurred by the student attending the institution on at least a half-time basis1 as determined by the institution1 which shall include-- 7,a7 for a student electing institutionally owned or operated food services1 such as board or meal plans1 a standard allowance for such services that provides the equivalent of three meals each day2 7,b7 for a student not electing institutionally owned or operated food services1 such as board or meal plans1 a standard allowance for purchasing food off campus that provides the equivalent of three meals each day2 7,c7 for a student without dependents residing in institutionally owned or operated housing1 a standard allowance determined by the institution based on the average or median amount assessed to such residents for housing charges1 whichever is greater2 7,d7 for a student with dependents residing in institutionally owned or operated housing1 a standard allowance determined by the institution based on the average or median amount assessed to such residents for housing charges1 whichever is greater2 7,e7 for a student living off campus1 and not in institutionally owned or operated housing1 a standard allowance for rent or other housing costs2 7,f7 for a dependent student residing at home with parents1 a standard allowance that shall not be zero determined by the institution2 7,g7 for a student living in housing located on a military base or for which a basic allowance is provided under section #djc7;b7 of title #cg1 ,united ,states ,code1 a standard allowance for food based upon such student's choice of purchasing food on-campus or off-campus 7determined respectively in accordance with subparagraph 7,a7 or 7,b771 but not for housing costs2 and 7,h7 for all other students1 an allowance based on the expenses reasonably incurred by such students for housing and food2 7#f7 for a student engaged in a program of study by correspondence1 only tuition and fees and1 if required1 books and supplies1 travel1 and housing and food costs incurred specifically in fulfilling a required period of residential training2 7#g7 for a confined or incarcerated student1 only tuition1 fees1 books1 course materials1 supplies1 equipment1 and the cost of obtaining a license1 certification1 or a first professional credential in accordance with paragraph 7#ad72 7#h7 for a student enrolled in an academic program in a program of study abroad approved for credit by the student's home institution1 reasonable costs associated with such study 7as determined by the institution at which such student is enrolled72 7#i7 for a student with one or more dependents1 an allowance based on the estimated actual expenses incurred for such dependent care1 based on the number and age of such dependents1 except that-- 7,a7 such allowance shall not exceed the reasonable cost in the community in which such student resides for the kind of care provided2 and 7,b7 the period for which dependent care is required includes1 but is not limited to1 class-time1 study-time1 field work1 internships1 and commuting time2 7#aj7 for a student with a disability1 an allowance 7as determined by the institution7 for those expenses related to the student's disability1 including special services1 personal assistance1 transportation1 equipment1 and supplies that are reasonably incurred and not provided for by other assisting agencies2 7#aa7 for a student receiving all or part of the student's instruction by means of telecommunications technology1 no distinction shall be made with respect to the mode of instruction in determining costs2 7#ab7 for a student engaged in a work experience under a cooperative education program1 an allowance for reasonable costs associated with such employment 7as determined by the institution72 7#ac7 for a student who receives a ,federal student loan made under this title or any other ,federal law1 to cover a student's cost of attendance at the institution1 an allowance for the actual cost of any loan fee1 origination fee1 or insurance premium charged to such student or the parent of such student on such loan2 and 7#ad7 for a student in a program requiring professional licensure1 certification1 or a first professional credential1 the cost of obtaining the license1 certification1 or a first professional credential4 7b7 ,special rule for living expenses for less-than-half-time students ,for students attending an institution of higher education less than half-time1 an institution of higher education may include an allowance for living expenses1 including food and housing costs in accordance with subsection 7a77#d7 for up to three semesters1 or the equivalent1 with no more than two semesters being consecutive4 7c7 ,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 7#a7 through 7#ad7 of subsection 7a71 and shall disclose such elements on any portion of the website describing tuition and fees of the institution4 #dgc4 ,special rules for student aid index 7a7 ,in general ,for the purpose of this ,act1 the term student aid index means1 with respect to a student1 an index that reflects an evaluation of a student's approximate financial resources to contribute toward the student's postsecondary education for the academic year1 as determined in accordance with this part4 7b7 ,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 #dja7;b77#a77;,a71 except that1 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 applicant4 7c7 ,special rule for nonfilers ,notwithstanding subsection 7b71 for an applicant 7or1 as applicable1 an applicant and spouse1 or an applicant's parents7 who is not required to file a ,federal tax return for the second preceding tax year1 the ,secretary shall for the purposes of this title consider the student aid index as equal to - #a1ejj for the applicant4 4 7c7 ,determination of student aid index ,section #dgd of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgnn7 is amended to read as follows3 #dgd4 ,determination of student aid index ,the student aid index-- 7#a7 for a dependent student shall be determined in accordance with section #dge2 7#b7 for a single independent student or a married independent student without dependents 7other than a spouse7 shall be determined in accordance with section #dgf2 and 7#c7 for an independent student with dependents other than a spouse shall be determined in accordance with section #dgg4 4 7d7 ,student aid index for dependent students ,section #dge of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgoo7 is amended to read as follows3 #dge4 ,student aid index for dependent students 7a7 ,computation of student aid index 7#a7 ,in general ,except as provided in paragraph 7#b71 for each dependent student1 the student aid index is equal to the sum of-- 7,a7 the assessment of the parents' adjusted available income 7determined in accordance with subsection 7b772 7,b7 the assessment of the student's available income 7determined in accordance with subsection 7g772 and 7,c7 the student's available assets 7determined in accordance with subsection 7h774 7#b7 ,exception ,if the sum determined under paragraph 7#a7 with respect to a dependent student is less than - #a1ejj1 the student aid index for the dependent student shall be - #a1ejj4 7b7 ,assessment of parents' adjusted available income ,the assessment of parents' adjusted available income is equal to the amount determined by-- 7#a7 computing adjusted available income by adding-- 7,a7 the parents' available income 7determined in accordance with subsection 7c772 and 7,b7 the parents' available assets 7determined in accordance with subsection 7d772 7#b7 assessing such adjusted available income in accordance with the assessment schedule set forth in subsection 7e72 and 7#c7 considering such assessment resulting under paragraph 7#b7 as the amount determined under this subsection4 7c7 ,parents' available income 7#a7 ,in general ,the parents' available income is determined by subtracting from total income 7as defined in section #dhj7-- 7,a7 ,federal income taxes2 7,b7 an allowance for payroll taxes1 determined in accordance with paragraph 7#b72 7,c7 an income protection allowance1 determined in accordance with paragraph 7#c72 and 7,d7 an employment expense allowance1 determined in accordance with paragraph 7#d74 7#b7 ,allowance for payroll taxes ,the allowance for payroll taxes is equal to the sum of-- 7,a7 the total amount earned by the parents1 multiplied by the rate of tax under section #caja7;b7 of the ,internal ,revenue ,code of #aihf2 and 7,b7 the amount earned by the parents that does not exceed such contribution and benefit base 7twice such contribution and benefit base1 in the case of a joint return7 for the year of the earnings1 multiplied by the rate of tax applicable to such earnings under section #caja7;a7 of the ,internal ,revenue ,code of #aihf4 7#c7 ,income protection allowance ,the income protection allowance shall equal the amount determined in the following table1 as adjusted by the ,secretary pursuant to section #dgh7;b73 ,income ,protection ,allowance 7to be adjusted for #bjbc-bjbd and succeeding years7 ,family ,size 7including student7,amount #b #bc1ccj #c #bi1jdj #d #ce1hgj #e #db1cbj #f #di1ejj ,for each additional add #e1eij4 7#d7 ,employment expense allowance ,the employment expense allowance is equal to the lesser of #d1jjj or #ce percent of the single parent's earned income or married parents' combined earned income 7as adjusted by the ,secretary pursuant to section #dgh7;g774 7d7 ,parents' available assets 7#a7 ,in general 7,a7 ,determination ,except as provided in subparagraph 7,b71 the parents' available assets are equal to-- 7i7 the difference between the parents' assets and the asset protection allowance 7determined in accordance with paragraph 7#b772 multiplied by 7ii7 #ab percent4 7,b7 ,not less than zero ,the parents' available assets under this subsection shall not be less than zero4 7#b7 ,asset protection allowance ,the asset protection allowance is calculated based on the following table 7as revised by the ,secretary pursuant to section #dgh7;d773 ,asset ,protection ,allowances for ,parents of ,dependent ,students ,if the age of the oldest parent is--,and there are two parentsone parent then the allowance is-- #be or less #j #j #bf #djj #ajj #bg #gjj #cjj #bh #a1ajj #djj #bi #a1ejj #fjj #cj #a1hjj #gjj #ca #b1bjj #hjj #cb #b1fjj #a1jjj #cc #b1ijj #a1ajj #cd #c1cjj #a1cjj #ce #c1gjj #a1djj #cf #d1jjj #a1ejj #cg #d1djj #a1gjj #ch #d1hjj #a1hjj #ci #e1ajj #b1jjj #dj #e1ejj #b1ajj #da #e1fjj #b1bjj #db #e1gjj #b1bjj #dc #e1ijj #b1cjj #dd #f1jjj #b1cjj #de #f1bjj #b1djj #df #f1cjj #b1djj #dg #f1ejj #b1ejj #dh #f1fjj #b1ejj #di #f1hjj #b1fjj #ej #g1jjj #b1gjj #ea #g1ajj #b1gjj #eb #g1cjj #b1hjj #ec #g1ejj #b1ijj #ed #g1gjj #b1ijj #ee #g1ijj #c1jjj #ef #h1ajj #c1ajj #eg #h1djj #c1ajj #eh #h1fjj #c1bjj #ei #h1hjj #c1cjj #fj #i1ajj #c1djj #fa #i1cjj #c1ejj #fb #i1fjj #c1fjj #fc #i1ijj #c1gjj #fd #aj1bjj #c1hjj #fe or more #aj1ejj #c1ijj4 7e7 ,assessment schedule ,the assessment of the parents' adjusted available income 7as determined under subsection 7b77#a7 and hereafter in this subsection referred to as ,,aai7 is calculated based on the following table 7as revised by the ,secretary pursuant to section #dgh7;e773 ,parents' ,contribution ,from ,,aai ,if the parents' ,,aai is--,then the parents' contribution from ,,aai is-- ,less than - #f1hbj- #a1ejj - #f1hbj to #ag1djjbb of ,,aai #ag1dja to #ba1hjj #c1hbh #be of ,,aai over #ag1djj #ba1hja to #bf1bjj #d1ibh #bi of ,,aai over #ba1hjj #bf1bja to #cj1gjj #f1bjd #cd of ,,aai over #bf1bjj #cj1gja to #ce1ajj #g1gcd #dj of ,,aai over #cj1gjj #ce1aja or more #i1did #dg of ,,aai over #ce1ajj4 7f7 ,consideration of parental income 7#a7 ,parents who live together ,parental income and assets in the case of student whose parents are married and not separated1 or who are unmarried but live together1 shall include the income and assets of both parents4 7#b7 ,divorced or separated parents ,parental income and assets for a student whose parents are divorced or separated1 but not remarried1 is determined by including only the income and assets of the parent who provides the greater portion of the student's financial support4 7#c7 ,death of a parent ,parental income and assets in the case of the death of any parent is determined as follows3 7,a7 ,if either of the parents has died1 the surviving parent shall be considered a single parent1 until that parent has remarried4 7,b7 ,if both parents have died1 the student shall not report any parental income or assets4 7#d7 ,remarried parents ,if a parent whose income and assets are taken into account under paragraph 7#b71 or if a parent who is a widow or widower and whose income is taken into account under paragraph 7#c71 has remarried1 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 concerned4 7#e7 ,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 7#a7 and is a single parent who is not divorced1 separated1 or remarried1 shall include the income and assets of such single parent4 7g7 ,student's available income 7#a7 ,in general ,the student's available income is equal to-- 7,a7 the difference between the student's total income 7determined in accordance with section #dhj7 and the adjustment to student income 7determined in accordance with paragraph 7#b772 multiplied by 7,b7 #ej percent4 7#b7 ,adjustment to student income ,the adjustment to student income is equal to the sum of-- 7,a7 ,federal income taxes2 7,b7 an allowance for payroll taxes determined in accordance with paragraph 7#c72 7,c7 an income protection allowance that is equal to #i1daj1 as adjusted pursuant to section #dgh7;b72 and 7,d7 an allowance for parents' negative available income1 determined in accordance with paragraph 7#d74 7#c7 ,allowance for payroll taxes ,the allowance for payroll taxes is equal to the sum of-- 7,a7 the total amount earned by the student1 multiplied by the rate of tax under section #caja7;b7 of the ,internal ,revenue ,code of #aihf2 and 7,b7 the amount earned by the student that does not exceed such contribution and benefit base for the year of the earnings1 multiplied by the rate of tax applicable to such earnings under section #caja7;a7 of the ,internal ,revenue ,code of #aihf4 7#d7 ,allowance for parents' negative available income ,the allowance for parents' negative available income is the amount1 if any1 by which the sum of the amounts deducted under subsection 7c77#a7 exceeds the sum of the parents' total income 7as defined in section #dhj7 and the parents' available assets 7as determined in accordance with subsection 7d774 7h7 ,student's assets ,the student's assets are determined by calculating the assets of the student and multiplying such amount by #bj percent1 except that the result shall not be less than zero4 4 7e7 ,student aid index for independent students without dependents other than a spouse ,section #dgf of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgpp7 is amended to read as follows3 #dgf4 ,student aid index for independent students without dependents other than a spouse 7a7 ,computation of student aid index 7#a7 ,in general ,for each independent student without dependents other than a spouse1 the student aid index is equal to 7except as provided in paragraph 7#b77 the sum of-- 7,a7 the family's available income 7determined in accordance with subsection 7b772 and 7,b7 the family's available assets 7determined in accordance with subsection 7c774 7#b7 ,exception ,if the sum determined under paragraph 7#a7 with respect to an independent student without dependents other than a spouse is less than - #a1ejj1 the student aid index for the independent student shall be - #a1ejj4 7b7 ,family's available income 7#a7 ,in general ,the family's available income is determined by-- 7,a7 deducting from total income 7as defined in section #dhj7-- 7i7 ,federal income taxes2 7ii7 an allowance for payroll taxes1 determined in accordance with paragraph 7#b72 7iii7 an income protection allowance that is equal to-- 7,i7 in the case of a single independent student without dependents1 #ad1fcj1 as adjusted pursuant to section #dgh7;b72 and 7,,ii7 in the case of a married independent student without dependents1 #bc1dfj1 as adjusted pursuant to section #dgh7;b72 and 7iv7 in the case of a married independent student1 an employment expense allowance1 as determined in accordance with paragraph 7#c72 and 7,b7 multiplying the amount determined under subparagraph 7,a7 by #ej percent4 7#b7 ,allowance for payroll taxes ,the allowance for payroll taxes is equal to the sum of-- 7,a7 the total amount earned by the student 7and spouse1 if appropriate71 multiplied by the rate of tax under section #caja7;b7 of the ,internal ,revenue ,code of #aihf2 and 7,b7 the amount earned by the student 7and spouse1 if appropriate7 that does not exceed such contribution and benefit base 7twice such contribution and benefit base1 in the case of a joint return7 for the year of the earnings1 multiplied by the rate of tax applicable to such earnings under section #caja7;a7 of the ,internal ,revenue ,code of #aihf4 7#c7 ,employment expense allowance ,the employment expense allowance is equal to the following3 7,a7 ,if the student is married1 such allowance is equal to the lesser of #d1jjj or #ce percent of the couple's combined earned income 7as adjusted by the ,secretary pursuant to section #dgh7;g774 7,b7 ,if the student is not married1 the employment expense allowance is zero4 7c7 ,family's available assets 7#a7 ,in general 7,a7 ,determination ,except as provided in subparagraph 7,b71 the family's available assets are equal to-- 7i7 the difference between the family's assets 7as defined in section #dhj7;f77 and the asset protection allowance 7determined in accordance with paragraph 7#b772 multiplied by 7ii7 #bj percent4 7,b7 ,not less than zero ,the family's available assets under this subsection shall not be less than zero4 7#b7 ,asset protection allowance ,the asset protection allowance is calculated based on the following table 7as revised by the ,secretary pursuant to section #dgh7;d773 ,asset ,protection ,allowances for ,families and ,students ,if the age of the student is--,and the student is marriedsingle then the allowance is-- #be or less #j #j #bf #djj #ajj #bg #gjj #cjj #bh #a1ajj #djj #bi #a1ejj #fjj #cj #a1hjj #gjj #ca #b1bjj #hjj #cb #b1fjj #a1jjj #cc #b1ijj #a1ajj #cd #c1cjj #a1cjj #ce #c1gjj #a1djj #cf #d1jjj #a1ejj #cg #d1djj #a1gjj #ch #d1hjj #a1hjj #ci #e1ajj #b1jjj #dj #e1ejj #b1ajj #da #e1fjj #b1bjj #db #e1gjj #b1bjj #dc #e1ijj #b1cjj #dd #f1jjj #b1cjj #de #f1bjj #b1djj #df #f1cjj #b1djj #dg #f1ejj #b1ejj #dh #f1fjj #b1ejj #di #f1hjj #b1fjj #ej #g1jjj #b1gjj #ea #g1ajj #b1gjj #eb #g1cjj #b1hjj #ec #g1ejj #b1ijj #ed #g1gjj #b1ijj #ee #g1ijj #c1jjj #ef #h1ajj #c1ajj #eg #h1djj #c1ajj #eh #h1fjj #c1bjj #ei #h1hjj #c1cjj #fj #i1ajj #c1djj #fa #i1cjj #c1ejj #fb #i1fjj #c1fjj #fc #i1ijj #c1gjj #fd #aj1bjj #c1hjj #fe or more #aj1ejj #c1ijj4 7d7 ,computations in case of separation1 divorce1 or death ,in the case of a student who is divorced or separated1 or whose spouse has died1 the spouse's income and assets shall not be considered in determining the family's available income or assets4 4 7f7 ,student aid index for independent students with dependents other than a spouse ,section #dgg of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgqq7 is amended to read as follows3 #dgg4 ,student aid index for independent students with dependents other than a spouse 7a7 ,computation of student aid index 7#a7 ,in general ,for each independent student with dependents other than a spouse1 the student aid index is equal to the amount determined by-- 7,a7 computing adjusted available income by adding-- 7i7 the family's available income 7determined in accordance with subsection 7b772 and 7ii7 the family's available assets 7determined in accordance with subsection 7c772 7,b7 assessing such adjusted available income in accordance with an assessment schedule set forth in subsection 7d72 and 7,c7 considering such assessment resulting under subparagraph 7,b7 as the amount determined under this subsection4 7#b7 ,exception ,if the sum determined under paragraph 7#a7 with respect to an independent student with dependents other than a spouse is less than - #a1ejj1 the student aid index for the independent student shall be - #a1ejj4 7b7 ,family's available income 7#a7 ,in general ,the family's available income is determined by deducting from total income 7as defined in section #dhj7-- 7,a7 ,federal income taxes2 7,b7 an allowance for payroll taxes1 determined in accordance with paragraph 7#b72 7,c7 an income protection allowance1 determined in accordance with paragraph 7#c72 and 7,d7 an employment expense allowance1 determined in accordance with paragraph 7#d74 7#b7 ,allowance for payroll taxes ,the allowance for payroll taxes is equal to the sum of-- 7,a7 the total amount earned by the student 7and spouse1 if appropriate71 multiplied by the rate of tax under section #caja7;b7 of the ,internal ,revenue ,code of #aihf2 and 7,b7 the amount earned by the student 7and spouse1 if appropriate7 that does not exceed such contribution and benefit base 7twice such contribution and benefit base1 in the case of a joint return7 for the year of the earnings1 multiplied by the rate of tax applicable to such earnings under section #caja7;a7 of the ,internal ,revenue ,code of #aihf4 7#c7 ,income protection allowance ,the income protection allowance shall equal the amount determined in the following table1 as adjusted by the ,secretary pursuant to section #dgh7;b73 7,a7 ,in the case of a married independent student with dependents3 ,income ,protection ,allowance 7to be adjusted for #bjbc-bjbd and succeeding years7 ,family ,size 7including student7,amount #c #df1adj #d #ef1igj #e #fg1bcj #f #gh1fbj ,for each additional add #h1hhj4 7,b7 ,in the case of a single independent student with dependents3 ,income ,protection ,allowance 7to be adjusted for #bjbc-bjbd and succeeding years7 ,family ,size 7including student7,amount #b #dc1ibj #c #ed1fij #d #fg1ebj #e #gi1fhj #f #ic1ahj ,for each additional add #aj1ecj4 7#d7 ,employment expense allowance ,the employment expense allowance is equal to the lesser of #d1jjj or #ce percent of the student's earned income or the combined earned income of the student and the student's spouse1 if applicable 7as adjusted by the ,secretary pursuant to section #dgh7;g774 7c7 ,family's available assets 7#a7 ,in general 7,a7 ,determination ,except as provided in subparagraph 7,b71 the family's available assets are equal to-- 7i7 the difference between the family's assets 7as defined in #dhj7;f77 and the asset protection allowance 7determined in accordance with paragraph 7#b772 multiplied by 7ii7 #g percent4 7,b7 ,not less than zero ,the family's available assets under this subsection shall not be less than zero4 7#b7 ,asset protection allowance ,the asset protection allowance is calculated based on the following table 7as revised by the ,secretary pursuant to section #dgh7;d773 ,asset ,protection ,allowances for ,families and ,students ,if the age of the student is--,and the student is marriedsingle then the allowance is-- #be or less #j #j #bf #djj #ajj #bg #gjj #cjj #bh #a1ajj #djj #bi #a1ejj #fjj #cj #a1hjj #gjj #ca #b1bjj #hjj #cb #b1fjj #a1jjj #cc #b1ijj #a1ajj #cd #c1cjj #a1cjj #ce #c1gjj #a1djj #cf #d1jjj #a1ejj #cg #d1djj #a1gjj #ch #d1hjj #a1hjj #ci #e1ajj #b1jjj #dj #e1ejj #b1ajj #da #e1fjj #b1bjj #db #e1gjj #b1bjj #dc #e1ijj #b1cjj #dd #f1jjj #b1cjj #de #f1bjj #b1djj #df #f1cjj #b1djj #dg #f1ejj #b1ejj #dh #f1fjj #b1ejj #di #f1hjj #b1fjj #ej #g1jjj #b1gjj #ea #g1ajj #b1gjj #eb #g1cjj #b1hjj #ec #g1ejj #b1ijj #ed #g1gjj #b1ijj #ee #g1ijj #c1jjj #ef #h1ajj #c1ajj #eg #h1djj #c1ajj #eh #h1fjj #c1bjj #ei #h1hjj #c1cjj #fj #i1ajj #c1djj #fa #i1cjj #c1ejj #fb #i1fjj #c1fjj #fc #i1ijj #c1gjj #fd #aj1bjj #c1hjj #fe or more #aj1ejj #c1ijj4 7d7 ,assessment schedule ,the assessment of adjusted available income 7as determined under subsection 7a77#a7 and hereafter in this subsection referred to as ,,aai7 is calculated based on the following table 7as revised by the ,secretary pursuant to section #dgh7;e773 ,assessment ,from ,adjusted ,available ,income ,if ,,aai is--,then the assessment is-- ,less than - #f1hbj- #a1ejj - #f1hbj to #ag1djjbb of ,,aai #ag1dja to #ba1hjj #c1hbh #be of ,,aai over #ag1djj #ba1hja to #bf1bjj #d1ibh #bi of ,,aai over #ba1hjj #bf1bja to #cj1gjj #f1bjd #cd of ,,aai over #bf1bjj #cj1gja to #ce1ajj #g1gcd #dj of ,,aai over #cj1gjj #ce1aja or more #i1did #dg of ,,aai over #ce1ajj4 7e7 ,computations in case of separation1 divorce1 or death ,in the case of a student who is divorced or separated1 or whose spouse has died1 the spouse's income and assets shall not be considered in determining the family's available income or assets4 4 7g7 ,regulations2 updated tables ,section #dgh of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgrr7 is amended to read as follows3 #dgh4 ,regulations2 updated tables 7a7 ,authority ,to prescribe regulations restricted ,notwithstanding any other provision of law1 the ,secretary shall not have the authority to prescribe regulations to carry out this part except-- 7#a7 to prescribe updated tables in accordance with subsections 7b7 through 7g72 and 7#b7 with respect to the definition of cost of attendance under section #dgb1 excluding section #dgb7;a77#a74 7b7 ,income protection allowance adjustments ,for award year #bjbc-bjbd and each subsequent award year1 the ,secretary shall publish in the ,federal ,register revised income protection allowances for the purposes of subsections 7c77#c7 and 7g77#b77;,c7 of section #dge1 subclauses 7,i7 and 7,,ii7 of section #dgf7;b77#a77;,a77iii71 and section #dgg7;b77#c71 by increasing the income protection allowances in each of such provisions1 by a percentage equal to the percentage increase in the ,consumer ,price ,index1 as defined in subsection 7f71 between ,april #bjbj and the ,april in the year prior to the beginning of the award year and rounding the result to the nearest #aj4 7c7 ,adjusted net worth of a farm or business 7#a7 ,table ,the table of the net worth of a farm or business for purposes of making determinations of assets as defined under section #dhj7;f7 is the following3 ,farm_/,business ,net ,worth ,adjustment ,if the net worth of a farm or business is--,then the adjusted net worth is-- ,less than #a #j #a to #adj1jjjdj of net worth of farm_/business #adj1jja to #dae1jjj #ef1jjj #ej of net worth over #adj1jjj #dae1jja to #fie1jjj #aic1ejj #fj of net worth over #dae1jjj #fie1jja or more #cfa1ejj #ajj of net worth over #fie1jjj4 7#b7 ,revised tables ,for award year #bjbc-bjbd and each subsequent award year1 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 #dhj7;f74 ,such revised table shall be developed-- 7,a7 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 #bjbj and the ,april in the year prior to the beginning of such award year1 and rounding the result to the nearest #e1jjj2 and 7,b7 by adjusting the dollar amounts in the column referring to the adjusted net worth to reflect the changes made pursuant to subparagraph 7,a74 7d7 ,asset protection allowance ,for award year #bjbc-bjbd and each subsequent award year1 the ,secretary shall publish in the ,federal ,register a revised table of allowances for the purpose of sections #dge7;d77#b71 #dgf7;c77#b71 and #dgg7;c77#b74 ,such revised table shall be developed by determining the present value cost1 rounded to the nearest #ajj1 of an annuity that would provide1 for each age cohort of #dj and above1 a supplemental income at age #fe 7adjusted for inflation7 equal to the difference between the moderate family income 7as most recently determined by the ,bureau of ,labor ,statistics71 and the current average social security retirement benefits4 ,for each age cohort below #dj1 the allowance shall be computed by decreasing the allowance for age #dj1 as updated1 by one-fifteenth for each year of age below age #dj and rounding the result to the nearest #ajj4 ,in making such determinations-- 7#a7 the tables of allowances specified in sections #dge7;d77#b71 #dgf7;c77#b71 and #dgg7;c77#b7 shall be considered to be for award year #bjba-bjbb for the purposes of calculating inflation2 7#b7 inflation shall be presumed to be #f percent per year2 7#c7 the rate of return of an annuity shall be presumed to be #h percent2 and 7#d7 the sales commission on an annuity shall be presumed to be #f percent4 7e7 ,assessment schedules and rates ,for award year #bjbc-bjbd and each subsequent award year1 the ,secretary shall publish in the ,federal ,register a revised table of assessments from adjusted available income for the purpose of sections #dge7;e7 and #dgg7;d74 ,such revised table shall be developed-- 7#a7 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 #bjbj and the ,april in the year prior to the beginning of such academic year1 rounded to the nearest #ajj2 and 7#b7 by adjusting the other dollar amounts to reflect the changes made pursuant to paragraph 7#a74 7f7 ,consumer price index defined ,in this section1 the term ,consumer ,price ,index means the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,department of ,labor4 ,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 years4 7g7 ,employment expense allowance ,for award year #bjbc-bjbd and each succeeding award year1 the ,secretary shall publish in the ,federal ,register a revised table of employment expense allowances for the purpose of sections #dge7;c77#d71 #dgf7;b77#c71 and #dgg7;b77#d74 ,such revised table shall be developed by increasing the dollar amount specified in sections #dge7;c77#d71 #dgf7;b77#c71 and #dgg7;b77#d7 by a percentage equal to the percentage increase in the ,consumer ,price ,index1 as defined in subsection 7f71 between ,april #bjbj and the ,april in the year prior to the beginning of the award year and rounding the result to the nearest #aj4 7h7 ,clarification for award year #bjbc-bjbd ,for award year #bjbc-bjbd1 the ,secretary shall determine adjusted amounts and prescribe revised tables with respect to the income protection1 employment expense1 and asset protection allowances and the assessment schedules under sections #dge1 #dgf1 and #dgg1 pursuant to this section4 ,the amounts and tables specified in sections #dge1 #dgf1 and #dgg 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 section4 4 7h7 ,applicants exempt from asset reporting ,section #dgi of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgss7 is amended to read as follows3 #dgi4 ,eligible applicants exempt from asset reporting 7a7 ,in general ,notwithstanding any other provision of law1 this section shall be effective for each individual seeking to apply for ,federal financial aid under this title1 as part of the simplified application for ,federal student financial aid under section #dhc1 on or after ,july #a1 #bjbc4 7b7 ,applicants exempt from asset reporting 7#a7 ,in general ,except as provided in paragraph 7#c71 in carrying out section #dhc1 the ,secretary shall not use asset information from an eligible applicant or1 as applicable1 the parent or spouse of an eligible applicant4 7#b7 ,eligible applicants ,in this subsection1 the term eligible applicant means an applicant who meets at least one of the following criteria3 7,a7 ,is an applicant who qualifies for an automatic zero student aid index or negative student aid index under subsection 7b7 or 7c7 of section #dgc4 7,b7 ,is an applicant who is a dependent student and the student's parents have a total adjusted gross income 7excluding any income of the dependent student7 that is less than #fj1jjj and do not file a ,schedule ,a1 ,b1 ,d1 ,e1 ,f1 or ,h 7or equivalent successor schedules7 with the ,federal income tax return for the second preceding tax year1 and-- 7i7 do not file a ,schedule ,c 7or the equivalent successor schedule7 with the ,federal income tax return for the second preceding tax year2 or 7ii7 file a ,schedule ,c 7or the equivalent successor schedule7 with net business income of not more than a #aj1jjj loss or gain with the ,federal income tax return for the second preceding tax year4 7,c7 ,is an applicant who is an independent student and the student 7including the student's spouse1 if any7 has a total adjusted gross income that is less than #fj1jjj and does not file a ,schedule ,a1 ,b1 ,d1 ,e1 ,f1 or ,h 7or equivalent successor schedules71 with the ,federal income tax return for the second preceding tax year1 and-- 7i7 does not file a ,schedule ,c 7or the equivalent successor schedule7 with the ,federal income tax return for the second preceding tax year2 or 7ii7 files a ,schedule ,c 7or the equivalent successor schedule7 with net business income of not more than a #aj1jjj loss or gain with the ,federal income tax return for the second preceding tax year4 7,d7 ,is an applicant who1 at any time during the previous #bd-month period1 received a benefit under a means-tested ,federal benefit program 7or whose parent or spouse received such a benefit1 as applicable74 7#c7 ,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-- 7,a7 reside in the ,united ,states or a ,united ,states territory2 or 7,b7 file taxes in the ,united ,states or a ,united ,states territory1 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 income4 7#d7 ,definitions ,in this section3 7,a7 ,schedule a ,the term ,schedule ,a means a form or information by a taxpayer to report itemized deductions4 7,b7 ,schedule b ,the term ,schedule ,b means a form or information filed by a taxpayer to report interest and ordinary dividend income4 7,c7 ,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 proprietor4 7,d7 ,schedule d ,the term ,schedule ,d means a form or information filed by a taxpayer to report sales1 exchanges or some involuntary conversions of capital assets1 certain capital gain distributions1 and nonbusiness bad debts4 7,e7 ,schedule e ,the term ,schedule ,e means a form or information filed by a taxpayer to report income from rental properties1 royalties1 partnerships1 ,s corporations1 estates1 trusts1 and residual interests in real estate mortgage investment conduits4 7,f7 ,schedule f ,the term ,schedule ,f means a form or information filed by a taxpayer to report farm income and expenses4 7,g7 ,schedule h ,the term ,schedule ,h means a form or information filed by a taxpayer to report household employment taxes4 7,h7 ,means-tested ,federal benefit program ,the term means-tested ,federal benefit program means any of the following3 7i7 ,the supplemental security income program under title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #acha et seq474 7ii7 ,the supplemental nutrition assistance program under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq471 a nutrition assistance program carried out under section #ai of such ,act 7#g ,u4,s4,c4 #bjbh71 and a supplemental nutrition assistance program carried out under section #c7;c7 of the ,act entitled ,an ,act to authorize appropriations for certain insular areas of the ,united ,states1 and for other purposes 7,public ,law #ie-cdh74 7iii7 ,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 7#db ,u4,s4,c4 #fja et seq474 7iv7 ,the special supplemental nutrition program for women1 infants1 and children established by section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf74 7v7 ,the ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq474 7vi7 ,federal housing assistance programs1 including tenant-based assistance under section #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o771 and public housing1 as defined in section #c7;b77#a7 of such ,act 7#db ,u4,s4,c4 #adcg;a7b77#a774 7vii7 ,other means-tested programs determined by the ,secretary to be approximately consistent with the income eligibility requirements of the means-tested programs under clauses 7i7 through 7vi74 4 7i7 ,discretion of student financial aid administrators ,section #dgi;,a of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgtt7 is amended to read as follows3 #dgi;,a4 ,discretion of student financial aid administrators 7a7 ,in general 7#a7 ,authority of financial aid administrators ,a financial aid administrator shall have the authority to1 on the basis of adequate documentation1 make adjustments to any or all of the following on a case-by-case basis3 7,a7 ,for an applicant with special circumstances under subsection 7b7 to-- 7i7 the cost of attendance2 7ii7 the values of the data used to calculate the student aid index2 or 7iii7 the values of the data used to calculate the ,federal ,pell ,grant award4 7,b7 ,for an applicant with unusual circumstances under subsection 7c71 to the dependency status of such applicant4 7#b7 ,limitations on authority 7,a7 ,use of authority ,no institution of higher education or financial aid administrator shall maintain a policy of denying all requests for adjustments under this section4 7,b7 ,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 circumstances4 7,c7 ,rule of construction ,the authority to make adjustments under paragraph 7#a77;,a7 shall not be construed to permit financial aid administrators to deviate from the cost of attendance1 the values of data used to calculate the student aid index or the values of data used to calculate the ,federal ,pell ,grant award 7or both7 for awarding aid under this title in the absence of special circumstances4 7#c7 ,adequate documentation ,adequate documentation for adjustments under this section must substantiate the special circumstances or unusual circumstances of an individual student1 and may include1 to the extent relevant and appropriate-- 7,a7 a documented interview between the student and the financial aid administrator2 7,b7 for the purposes of determining that a student qualifies for an adjustment under paragraph 7#a77;,b7-- 7i7 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 institution2 7ii7 a documented phone call or a written statement1 which confirms the specific unusual circumstances with-- 7,i7 a child welfare agency authorized by a ,state or county2 7,,ii7 a ,tribal welfare authority or agency2 7,,iii7 an independent living case worker1 such as a case worker who supports current and former foster youth with the transition to adulthood2 or 7,,iv7 a public or private agency1 facility1 or program servicing the victims of abuse1 neglect1 assault1 or violence1 which may include domestic violence2 7iii7 a documented phone call or a written statement from an attorney1 a guardian ad litem1 or a court-appointed special advocate1 or a person serving in a similar capacity which confirms the specific unusual circumstances and documents the person's relationship to the student2 7iv7 a documented phone call or written statement from a representative under chapter #a or #b of subpart #b of part ,a1 which confirms the specific unusual circumstances and documents the representative's relationship to the student2 7v7 documents1 such as utility bills or health insurance documentation1 that demonstrate a separation from parents or legal guardians2 and 7vi7 in the absence of documentation described in this subparagraph1 other documentation the financial aid administrator determines is adequate to confirm the unusual circumstances1 pursuant to section #dhj7;d77#i72 and 7,c7 supplementary information1 as necessary1 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 adjustment4 7#d7 ,special rule ,in making adjustments under paragraph 7#a71 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 for1 or does not choose to use1 the unusual circumstance option described in section #dhj7;d77#i71 and the financial aid administrator determines that the parents of such student ended financial support of such student or refuse to file such form4 7#e7 ,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 section4 7b7 ,adjustments for students with special circumstances 7#a7 ,special circumstances for adjustments related to pell grants ,special circumstances for adjustments to calculate a ,federal ,pell ,grant award-- 7,a7 shall be conditions that differentiate an individual student from a group of students rather than conditions that exist across a group of students2 and 7,b7 may include-- 7i7 recent unemployment of a family member or student2 7ii7 a student or family member who is a dislocated worker 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act72 7iii7 a change in housing status that results in an individual being a homeless youth2 7iv7 an unusual amount of claimed losses against income on the ,federal tax return that substantially lower adjusted gross income1 such as business1 investment1 or real estate losses2 7v7 receipt of foreign income of permanent residents or ,united ,states citizens exempt from ,federal taxation1 or the foreign income for which a permanent resident or citizen received a foreign tax credit2 7vi7 in the case of an applicant who does not qualify for the exemption from asset reporting under section #dgi1 assets as defined in section #dhj7;f72 or 7vii7 other changes or adjustments in the income1 assets1 or size of a family1 or a student's dependency status4 7#b7 ,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-- 7,a7 shall be conditions that differentiate an individual student from a group of students rather than conditions that exist across a group of students1 except as provided in sections #dgi;,b and #dgi;,c2 and 7,b7 may include-- 7i7 tuition expenses at an elementary school or secondary school2 7ii7 medical1 dental1 or nursing home expenses not covered by insurance2 7iii7 child care or dependent care costs not covered by the dependent care cost allowance calculated in accordance with section #dgb2 7iv7 recent unemployment of a family member or student2 7v7 a student or family member who is a dislocated worker 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act72 7vi7 the existence of additional family members enrolled in a degree1 certificate1 or other program leading to a recognized educational credential at an institution with a program participation agreement under section #dhg2 7vii7 a change in housing status that results in an individual being a homeless youth2 7viii7 a condition of severe disability of the student1 or in the case of a dependent student1 the dependent student's parent or guardian1 or in the case of an independent student1 the independent student's dependent or spouse2 7ix7 unusual amount of claimed losses against income on the ,federal tax return that substantially lower adjusted gross income1 such as business1 investment1 or real estate losses2 or 7x7 other changes or adjustments in the income1 assets1 or size of a family1 or a student's dependency status4 7c7 ,unusual circumstances adjustments 7#a7 ,in general ,unusual circumstances for adjustments to the dependency status of an applicant shall be-- 7,a7 conditions that differentiate an individual student from a group of students2 and 7,b7 based on unusual circumstances1 pursuant to section #dhj7;d77#i74 7#b7 ,provisional independent students 7,a7 ,requirements for the secretary ,the ,secretary shall-- 7i7 enable each student who1 based on an unusual circumstance described in section #dhj7;d77#i71 may qualify for an adjustment under subsection 7a77#a77;,b7 that will result in a determination of independence under this section or section #dgi;,d 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 award1 with the final determination of the award subject to the documentation requirements of subsection 7a77#c72 7ii7 upon completion of the ,free ,application for ,federal ,student ,aid provide an estimate of the student's ,federal ,pell ,grant award1 and other information as specified in section #dhc7;a77#c77;,a71 based on the assumption that the student is determined to be an independent student2 and 7iii7 specify1 on the ,free ,application for ,federal ,student ,aid1 the consequences under section #dij7;a7 of knowingly and willfully completing the ,free ,application for ,federal ,student ,aid as an independent student under clause 7i7 without meeting the unusual circumstances to qualify for such a determination4 7,b7 ,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 7,a71 a financial aid administrator shall-- 7i7 notify the student of the institutional process1 requirements1 and timeline for an adjustment under this section and section #dhj7;d77#i7 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 ,aid2 7ii7 provide the student a final determination of the student's dependency status and ,federal financial aid award as soon as practicable after all requested documentation is provided2 7iii7 retain all documents related to the adjustment under this section and section #dhj7;d77#i71 including documented interviews1 for at least the duration of the student's enrollment1 and shall abide by all other record keeping requirements of this ,act2 and 7iv7 presume that any student who has obtained an adjustment under this section and section #dhj7;d77#i7 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-- 7,i7 the student informs the institution that circumstances have changed2 or 7,,ii7 the institution has specific conflicting information about the student's independence4 7,c7 ,eligibility ,if a student pursues provisional independent student status and is not determined to be an independent student by a financial aid administrator1 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 student4 7d7 ,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-- 7#a7 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 foreclosure1 forfeiture1 or bankruptcy or a voluntary or involuntary liquidation2 or 7#b7 the administrator makes adjustments for a condition of disability of a student1 or in the case of a dependent student1 the dependent student's parent or guardian1 or in the case of an independent student1 the independent student's dependent or spouse1 so as to take into consideration the additional costs incurred as a result of such disability4 7e7 ,refusal or adjustment of loan certifications ,on a case-by-case basis1 an eligible institution may refuse to use the authority provided under this section1 certify a statement that permits a student to receive a loan under part ,d1 certify a loan amount1 or make a loan that is less than the student's determination of need 7as determined under this part71 if the reason for the action is documented and provided in writing to the student4 ,no eligible institution shall discriminate against any borrower or applicant in obtaining a loan on the basis of race1 ethnicity1 national origin1 religion1 sex1 marital status1 age1 or disability status4 7f7 ,special rule regarding professional judgment during a disaster1 emergency1 or economic downturn 7#a7 ,in general ,for the purposes of making a professional judgment under this section1 financial aid administrators may1 during a qualifying emergency-- 7,a7 determine that the income earned from work for an applicant is zero1 if the applicant can provide paper or electronic documentation of receipt of unemployment benefits or confirmation that an application for unemployment benefits was submitted2 and 7,b7 make additional appropriate adjustments to the income earned from work for a student1 parent1 or spouse1 as applicable1 based on the totality of the family's situation1 including consideration of unemployment benefits4 7#b7 ,documentation ,for the purposes of documenting unemployment under paragraph 7#a71 documentation shall be accepted if such documentation is submitted not more than #ij days from the date on which such documentation was issued1 except if a financial aid administrator knows that the student1 parent1 or spouse1 as applicable1 has already obtained other employment4 7#c7 ,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 emergency1 as determined by the ,secretary4 7#d7 ,qualifying emergency ,in this subsection1 the term qualifying emergency means-- 7,a7 an event for which the ,president declared a major disaster or an emergency under section #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj and #eaia72 7,b7 a national emergency related to the coronavirus declared by the ,president under section #bja of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq472 or 7,c7 a period of recession or economic downturn as determined by the ,secretary1 in consultation with the ,secretary of ,labor4 4 7j7 ,disregard of student aid in other programs ,section #dgi;,b of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhguu7 is amended to read as follows3 #dgi;,b4 ,disregard of student aid in other programs ,notwithstanding any other provision of law1 student financial assistance received under this title1 ,bureau of ,indian ,education student assistance programs1 and employment and training programs under section #acd of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd et4 seq47 shall not be taken into account in determining the need or eligibility of any person for benefits or assistance1 or the amount of such benefits or assistance1 under any ,federal1 ,state1 or local program financed in whole or in part with ,federal funds4 4 7k7 ,native american students ,section #dgi;,c of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhguu-#a7 is amended to read as follows3 #dgi;,c4 ,native american students 7a7 ,in general ,in determining the student aid index for ,native ,american students1 computations performed pursuant to this part shall exclude-- 7#a7 any income and assets of #b1jjj or less per individual payment received by the student 7and spouse7 and student's parents under ,public ,law #ih-fd 7#be ,u4,s4,c4 #aag;a et seq42 #ig ,stat4 #cfe7 7commonly known as the ,per ,capita ,act7 or the ,indian ,tribal ,judgment ,funds ,use or ,distribution ,act 7#be ,u4,s4,c4 #adja et seq472 and 7#b7 any income received by the student 7and spouse7 and student's parents under the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq47 or the ,maine ,indian ,claims ,settlement ,act of #aihj 7#be ,u4,s4,c4 #agba et seq474 7b7 ,guidance ,the ,secretary shall develop guidance1 in consultation with ,tribal ,colleges and ,universities 7as defined in section #caf7 and the ,state higher education agency in ,alaska and ,maine1 to implement the determination under subsection 7a7 without adding additional questions to the ,,fafsa1 including through the use of the authority under section #dgi;,a4 4 7l7 ,special rules for independent students ,part ,f of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgkk et seq47 is further amended-- 7#a7 by inserting after section #dgi;,c the following3 #dgi;,d4 ,special rules for independent students 7a7 ,determination process for unaccompanied homeless youth ,in making a determination of independence under section #dhj7;d77#h71 a financial aid administrator shall comply with the following3 7#a7 ,consider documentation of the student's circumstance to be adequate in the absence of documented conflicting information1 if such documentation is provided through a documented phone call1 written statement1 or verifiable electronic data match by-- 7,a7 a local educational agency homeless liaison1 designated pursuant to section #gbb7;g77#a77;,j77ii7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcb7;g77#a77;,j77ii77 or a designee of the liaison2 7,b7 the director of an emergency or transitional shelter1 street outreach program1 homeless youth drop-in center1 or other program serving individuals who are experiencing homelessness1 or a designee of the director2 7,c7 the director of a project supported by a ,federal ,,trio program or a ,gaining ,early ,awareness and ,readiness for ,undergraduate program grant under chapter #a or #b of subpart #b of part ,a1 or a designee of the director2 or 7,d7 a financial aid administrator at another institution who documented the student's circumstance in a prior award year4 7#b7 ,if a student is unable to provide documentation from any individual described in paragraph 7#a71 make a case-by-case determination1 which shall be-- 7,a7 based on a written statement from1 or a documented interview with1 the student that confirms that the student is an unaccompanied homeless youth1 or unaccompanied1 at risk of homelessness1 and self-supporting2 and 7,b7 made without regard to the reasons that the student is an unaccompanied homeless youth1 or unaccompanied1 at risk of homelessness1 and self-supporting4 7#c7 ,consider a determination made under this subsection as distinct from a determination of independence under section #dhj7;d77#i74 7b7 ,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 #ac or older1 a financial aid administrator shall consider any of the following as adequate documentation1 in the absence of documented conflicting information3 7#a7 ,submission of a court order or official ,state documentation that the student received ,federal or ,state support in foster care4 7#b7 ,a documented phone call1 written statement1 or verifiable electronic data match1 which confirms the student was in foster care at an applicable age1 from-- 7,a7 a ,state1 county1 or tribal agency administering a program under part ,b or ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fba et seq4 and #fgj et seq472 7,b7 a ,state ,medicaid agency2 or 7,c7 a public or private foster care placing agency or foster care facility or placement4 7#c7 ,a documented phone call or a written statement from an attorney1 a guardian ad litem1 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 student4 7#d7 ,verification of the student's eligibility for an education and training voucher under the ,john ,h4 ,chafee ,foster ,care ,program under section #dgg of the ,social ,security ,act 7#db ,u4,s4,c4 #fgg74 7#e7 ,a documented phone call or written statement from a financial aid administrator who documented the student's circumstance in a prior award year4 7c7 ,timing ,a determination of independence under paragraph 7#b71 7#h71 or 7#i7 of section #dhj7;d7 for a student-- 7#a7 shall be made as quickly as practicable2 7#b7 may be made as early as the year before the award year for which the student initially submits an application2 and 7#c7 shall be made not later than #fj days after the date of the student's enrollment during the award year for which the student initially submits an application4 7d7 ,use of earlier determinations 7#a7 ,earlier determination by the institution ,any student who is determined to be independent under paragraph 7#b71 7#h71 or 7#i7 of section #dhj7;d7 for a preceding award year at an institution shall be presumed to be independent for each subsequent award year at the same institution unless-- 7,a7 the student informs the institution that circumstances have changed2 or 7,b7 the institution has specific conflicting information about the student's independence and has informed the student of this information4 7#b7 ,earlier determination by another institution ,a financial aid administrator may make a determination of independence pursuant to section #dgi;,a7c71 based upon a documented determination of independence that was previously made by another financial aid administrator under such paragraph in the same award year4 7e7 ,retention of documents ,a financial aid administrator shall retain all documents related to any determination of independence1 including documented interviews1 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 7a77#a77;,d71 7b77#e71 or 7d7 of this section4 2 and 7#b7 by amending section #dhj to read as follows3 #dhj4 ,definitions ,in this part3 7a7 ,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 year4 ,the factors used to determine total income shall be derived from the ,federal income tax return1 if available1 except for the applicant's ability to indicate a qualified rollover in the second preceding tax year as outlined in section #dhc or foreign income described in subsection 7b77#e74 7b7 ,untaxed income and benefits ,the term untaxed income and benefits means-- 7#a7 deductions and payments to self-employed ,,sep1 ,,simple1 ,keogh1 and other qualified individual retirement accounts excluded from income for ,federal tax purposes1 except such term shall not include payments made to tax-deferred pension and retirement plans1 paid directly or withheld from earnings1 that are not delineated on the ,federal tax return2 7#b7 tax-exempt interest income2 7#c7 untaxed portion of individual retirement account distributions2 7#d7 untaxed portion of pensions2 and 7#e7 foreign income of permanent residents of the ,united ,states or ,united ,states citizens exempt from ,federal taxation1 or the foreign income for which such a permanent resident or citizen receives a foreign tax credit4 7c7 ,veterans and veterans' education benefits 7#a7 ,the term veteran has the meaning given the term in section #aja7b7 of title #ch1 ,united ,states ,code1 and includes individuals who served in the ,united ,states ,armed ,forces as described in sections #aja7ba71 #aja7bb71 and #aja7bc7 of title #ch1 ,united ,states ,code4 7#b7 ,the term veterans education benefits' means veterans' benefits under the following provisions of law3 7,a7 ,chapter #ajc of title #aj1 ,united ,states ,code 7,senior ,reserve ,officers' ,training ,corps74 7,b7 ,chapter #ajf;,a of title #aj1 ,united ,states ,code 7,educational ,assistance for ,persons ,enlisting for ,active ,duty74 7,c7 ,chapter #afjf of title #aj1 ,united ,states ,code 7,selected ,reserve ,educational ,assistance ,program74 7,d7 ,chapter #afjg of title #aj1 ,united ,states ,code 7,educational ,assistance ,program for ,reserve ,component ,members ,supporting ,contingency ,operations and ,certain ,other ,operations74 7,e7 ,chapter #cj of title #ch1 ,united ,states ,code 7,all-,volunteer ,force ,educational ,assistance ,program1 also known as the ,montgomery ,,gi ,bill--active duty74 7,f7 ,chapter #ca of title #ch1 ,united ,states ,code 7,training and ,rehabilitation for ,veterans with ,service-,connected ,disabilities74 7,g7 ,chapter #cb of title #ch1 ,united ,states ,code 7,post-,vietnam ,era ,veterans' ,educational ,assistance ,program74 7,h7 ,chapter #cc of title #ch1 ,united ,states ,code 7,post-#i_/aa ,educational ,assistance74 7,i7 ,chapter #ce of title #ch1 ,united ,states ,code 7,survivors' and ,dependents' ,educational ,assistance ,program74 7,j7 ,section #ijc of the ,department of ,defense ,authorization ,act1 #aiha 7#aj ,u4,s4,c4 #bada note7 7,educational ,assistance ,pilot ,program74 7,k7 ,section #aef7;b7 of the ,joint ,resolution making further continuing appropriations and providing for productive employment for the fiscal year #aihc1 and for other purposes 7#db ,u4,s4,c4 #djb note7 7,restored ,entitlement ,program for ,survivors1 also known as ,quayle benefits74 7,l7 ,the provisions of chapter #c of title #cg1 ,united ,states ,code1 related to subsistence allowances for members of the ,reserve ,officers ,training ,corps4 7d7 ,independent students and determinations ,the term independent1 when used with respect to a student1 means any individual who-- 7#a7 is #bd years of age or older by ,december #ca of the award year2 7#b7 is1 or was at any time when the individual was #ac years of age or older-- 7,a7 an orphan2 7,b7 a ward of the court2 or 7,c7 in foster care2 7#c7 is1 or was immediately prior to attaining the age of majority1 an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual's ,state of legal residence2 7#d7 is a veteran of the ,armed ,forces of the ,united ,states 7as defined in subsection 7c77 or is currently serving on active duty in the ,armed ,forces for other than training purposes2 7#e7 is a graduate or professional student2 7#f7 is married and not separated2 7#g7 has legal dependents other than a spouse2 7#h7 is an unaccompanied homeless youth or is unaccompanied1 at risk of homelessness1 and self-supporting1 without regard to such individual's age2 and 7#i7 is a student for whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstances pursuant to section #dgi;,a7c7 in which the student is unable to contact a parent or where contact with parents poses a risk to such student1 which includes circumstances of-- 7,a7 human trafficking1 as described in the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gaja et seq472 7,b7 legally granted refugee or asylum status2 7,c7 parental abandonment or estrangement2 or 7,d7 student or parental incarceration4 7e7 ,excludable income ,the term excludable income means-- 7#a7 an amount equal to the education credits described in paragraphs 7#a7 and 7#b7 of section #be;,a7a7 of the ,internal ,revenue ,code of #aihf2 7#b7 if an applicant elects to report it1 college grant and scholarship aid included in gross income on a ,federal tax return1 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 #aiij 7#db ,u4,s4,c4 #abeaa et seq471 including awards1 living allowances1 and interest accrual payments2 and 7#c7 income earned from work under part ,c of this title4 7f7 ,assets 7#a7 ,in general ,the term assets means the amount in checking and savings accounts1 time deposits1 money market funds1 investments1 trusts1 stocks1 bonds1 derivatives1 securities1 mutual funds1 tax shelters1 qualified education benefits 7except as provided in paragraph 7#c771 the annual amount of child support received and the net value of real estate1 vacation homes1 income producing property1 and business and farm assets1 determined in accordance with section #dgh7;c74 7#b7 ,exclusions ,with respect to determinations of need under this title1 the term assets shall not include the net value of the family's principal place of residence4 7#c7 ,consideration of qualified education benefit ,a qualified education benefit shall be considered an asset of-- 7,a7 the student if the student is an independent student2 or 7,b7 the parent if the student is a dependent student and the account is designated for the student1 regardless of whether the owner of the account is the student or the parent4 7#d7 ,definition of qualified education benefit ,in this subsection1 the term qualified education benefit means-- 7,a7 a qualified tuition program 7as defined in section #ebi7;b77#a77;,a7 of the ,internal ,revenue ,code of #aihf7 or other prepaid tuition plan offered by a ,state2 and 7,b7 a ,coverdell education savings account 7as defined in section #ecj7;b77#a7 of the ,internal ,revenue ,code of #aihf74 7g7 ,net value ,the term net value means the market value at the time of application of the assets 7as defined in subsection 7f771 minus the outstanding liabilities or indebtedness against the assets4 7h7 ,treatment of income taxes paid to other jurisdictions 7#a7 ,the tax on income paid to the ,governments of the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,virgin ,islands1 or the ,commonwealth of the ,northern ,mariana ,islands1 the ,republic of the ,marshall ,islands1 the ,federated ,states of ,micronesia1 or ,palau under the laws applicable to those jurisdictions1 or the comparable tax paid to the central government of a foreign country1 shall be treated as ,federal income taxes4 7#b7 ,references in this part to the ,internal ,revenue ,code of #aihf1 ,federal income tax forms1 and the ,internal ,revenue ,service shall1 for purposes of the tax described in paragraph 7#a71 be treated as references to the corresponding laws1 tax forms1 and tax collection agencies of those jurisdictions1 respectively1 subject to such adjustments as the ,secretary may provide by regulation4 7i7 ,other financial assistance 7#a7 ,for purposes of determining a student's eligibility for funds under this title1 other financial assistance not received under this title shall include all scholarships1 grants1 loans1 or other assistance known to the institution at the time the determination of the student's need is made1 including national service educational awards or post-service benefits under title ,i of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abeaa et seq471 but excluding veterans' education benefits4 7#b7 ,notwithstanding paragraph 7#a71 a tax credit taken under section #be;,a of the ,internal ,revenue ,code of #aihf1 or a distribution that is not includable in gross income under section #ebi of such ,code1 under another prepaid tuition plan offered by a ,state1 or under a ,coverdell education savings account under section #ecj of such ,code1 shall not be treated as other financial assistance for purposes of section #dga7;a77#c74 7#c7 ,notwithstanding paragraph 7#a7 and section #dgb1 assistance not received under this title may be excluded from both other financial assistance and cost of attendance1 if that assistance is provided by a ,state and is designated by such ,state to offset a specific component of the cost of attendance4 ,if that assistance is excluded from either other financial assistance or cost of attendance1 it shall be excluded from both4 7#d7 ,notwithstanding paragraph 7#a71 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 placement1 care1 or supervision1 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 #dgg of such ,act1 shall not be treated as other financial assistance for purposes of section #dga7;a77#c74 7#e7 ,notwithstanding paragraph 7#a71 emergency financial assistance provided to the student for unexpected expenses that are a component of the student's cost of attendance1 and not otherwise considered when the determination of the student's need is made1 shall not be treated as other financial assistance for purposes of section #dga7;a77#c74 7j7 ,dependents 7#a7 ,except as otherwise provided1 the term dependent of the parent means the student who is deemed to be a dependent student when applying for aid under this title1 and any other person who lives with and receives more than one-half of their support from the parent 7or parents7 and will continue to receive more than half of their support from the parent 7or parents7 during the award year4 7#b7 ,except as otherwise provided1 the term dependent of the student means the student's dependent children and other persons 7except the student's spouse7 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 year4 7k7 ,family size 7#a7 ,dependent student ,except as provided in paragraph 7#c71 in determining family size in the case of a dependent student-- 7,a7 if the parents are not divorced or separated1 family members include the student's parents1 and any dependent 7within the meaning of section #aeb of the ,internal ,revenue ,code of #aihf or an eligible individual for purposes of the credit under section #bd of the ,internal ,revenue ,code of #aihf7 of the student's parents for the taxable year used in determining the amount of need of the student for financial assistance under this title2 7,b7 if the parents are divorced or separated1 family members include the parent whose income is included in computing available income and any dependent 7within the meaning of section #aeb of the ,internal ,revenue ,code of #aihf or an eligible individual for purposes of the credit under section #bd of the ,internal ,revenue ,code of #aihf7 of that parent for the taxable year used in determining the amount of need of the student for financial assistance under this title2 7,c7 if the parents are divorced and the parents whose income is so included are remarried1 or if the parent was a widow or widower who has remarried1 family members also include1 in addition to those individuals referred to in subparagraph 7,b71 the new spouse and any dependent 7within the meaning of section #aeb of the ,internal ,revenue ,code of #aihf or an eligible individual for purposes of the credit under section #bd of the ,internal ,revenue ,code of #aihf7 of the new spouse for the taxable year used in determining the amount of need of the student for financial assistance under this title1 if that spouse's income is included in determining the parent's adjusted available income2 and 7,d7 if the student is not considered as a dependent 7within the meaning of section #aeb of the ,internal ,revenue ,code of #aihf or an eligible individual for purposes of the credit under section #bd of the ,internal ,revenue ,code of #aihf7 of any parent1 the parents' family size shall include the student and the family members applicable to the parents' situation under subparagraph 7,a71 7,b71 or 7,c74 7#b7 ,independent student ,except as provided in paragraph 7#c71 in determining family size in the case of an independent student-- 7,a7 family members include the student1 the student's spouse1 and any dependent 7within the meaning of section #aeb of the ,internal ,revenue ,code of #aihf or an eligible individual for purposes of the credit under section #bd of the ,internal ,revenue ,code of #aihf7 of that student for the taxable year used in determining the amount of need of the student for financial assistance under this title2 and 7,b7 if the student is divorced or separated1 family members do not include the spouse 7or ex-spouse71 but do include the student and any dependent 7within the meaning of section #aeb of the ,internal ,revenue ,code of #aihf or an eligible individual for purposes of the credit under section #bd of the ,internal ,revenue ,code of #aihf7 of that student for the taxable year used in determining the amount of need of the student for financial assistance under this title4 7#c7 ,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 size1 including when a divorce settlement only allows a parent to file for the ,earned ,income ,tax ,credit available under section #cb of the ,internal ,revenue ,code of #aihf4 7l7 ,business assets ,the term business assets means property that is used in the operation of a trade or business1 including real estate1 inventories1 buildings1 machinery1 and other equipment1 patents1 franchise rights1 and copyrights4 7m7 ,homeless youth ,the term homeless youth has the meaning given the term homeless children and youths in section #gbe of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a74 7n7 ,unaccompanied ,the terms unaccompanied1 unaccompanied youth1 or unaccompanied homeless youth have the meaning given the term unaccompanied youth in section #gbe of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a74 4 7m7 ,,fafsa 7#a7 ,in general ,section #dhc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajij7 is amended to read as follows3 #dhc4 ,free application for federal student aid 7a7 ,simplified application for federal student financial aid 7#a7 ,in general ,each individual seeking to apply for ,federal financial aid under this title for award year #bjbc-bjbd and any subsequent award year shall file a free application with the ,secretary1 known as the ,free ,application for ,federal ,student ,aid1 to determine eligibility for such aid1 as described in paragraph 7#b71 and in accordance with section #dgi4 7#b7 ,free application 7,a7 ,in general ,the ,secretary shall make available1 for the purposes of paragraph 7#a71 a free application to determine the eligibility of a student for ,federal financial aid under this title4 7,b7 ,information required by the applicant 7i7 ,in general ,the applicant1 and1 if necessary1 the parents or spouse of the applicant1 shall provide the ,secretary with the applicable information described in clause 7ii7 in order to be eligible for ,federal financial aid under this title4 7ii7 ,information to be provided ,the information described in this clause is the following3 7,i7 ,name4 7,,ii7 ,contact information1 including address1 phone number1 email address1 or other electronic address4 7,,iii7 ,social security number4 7,,iv7 ,date of birth4 7,v7 ,marital status4 7,,vi7 ,citizenship status1 including alien registration number1 if applicable4 7,,vii7 ,sex4 7,,viii7 ,race or ethnicity1 using categories developed in consultation with the ,bureau of the ,census and the ,director of the ,institute of ,education ,sciences that1 to the greatest extent practicable1 separately capture the racial groups specified in the ,american ,community ,survey of the ,bureau of the ,census4 7,,ix7 ,state of legal residence and date of residency4 7,x7 ,the following information on secondary school completion3 7aa7 ,name and location of the high school from which the applicant received1 or will receive prior to the period of enrollment for which aid is sought1 a regular high school diploma2 7bb7 name and location of the entity from which the applicant received1 or will receive prior to the period of enrollment for which aid is sought1 a recognized equivalent of a regular high school diploma2 or 7cc7 if the applicant completed or will complete prior to the period of enrollment for which aid is sought1 a secondary school education in a home school setting that is treated as a home school or private school under ,state law4 7,,xi7 ,name of each institution where the applicant intends to apply for enrollment or continue enrollment4 7,,xii7 ,year in school for period of enrollment for which aid is sought1 including whether applicant will have finished first bachelor's degree prior to the period of enrollment for which aid is sought4 7,,xiii7 ,whether one or both of the applicant's parents attended college4 7,,xiv7 ,any required asset information1 unless exempt under section #dgi1 in which the applicant shall indicate-- 7aa7 the annual amount of child support received1 if applicable2 and 7bb7 all required asset information not described in item 7aa74 7,,xv7 ,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 applicant4 7,,xvi7 ,if the applicant meets any of the following designations3 7aa7 ,is an unaccompanied homeless youth1 or is unaccompanied1 at risk of homelessness1 and self-supporting4 7bb7 ,is an emancipated minor4 7cc7 ,is in legal guardianship4 7dd7 ,has been a dependent ward of the court at any time since the applicant turned #ac4 7ee7 ,has been in foster care at any time since the applicant turned #ac4 7ff7 ,both parents have died since the applicant turned #ac4 7gg7 ,is a veteran of the ,armed ,forces of the ,united ,states or is serving 7on the date of the application7 on active duty in the ,armed ,forces for other than training purposes4 7hh7 ,is under the age of #bd and has a dependent child or relative4 7ii7 ,does not have access to parental information due to an unusual circumstance described in section #dhj7;d77#i74 7,,xvii7 ,if the applicant receives or has received any of the following means-tested ,federal benefits within the last two years3 7aa7 ,the supplemental security income program under title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #acha et seq474 7bb7 ,the supplemental nutrition assistance program under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq471 a nutrition assistance program carried out under section #ai of such ,act 7#g ,u4,s4,c4 #bjbh71 or a supplemental nutrition assistance program carried out under section #c7;c7 of the ,act entitled ,an ,act to authorize appropriations for certain insular areas of the ,united ,states1 and for other purposes 7,public ,law #ie-cdh74 7cc7 ,the free and reduced price school lunch program established under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq474 7dd7 ,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 7#db ,u4,s4,c4 #fja et seq474 7ee7 ,the special supplemental nutrition program for women1 infants1 and children established by section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf74 7ff7 ,the ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq474 7gg7 ,federal housing assistance programs1 including tenant-based assistance under section #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o771 and public housing1 as defined in section #c7;b77#a7 of such ,act 7#db ,u4,s4,c4 #adcg;a7b77#a774 7hh7 ,refundable credit for coverage under a qualified health plan under section #cf;,b of the ,internal ,revenue ,code of #aihf4 7ii7 ,the ,earned ,income ,tax ,credit under section #cb of the ,internal ,revenue ,code of #aihf4 7jj7 ,any other means-tested program determined by the ,secretary to be appropriate4 7,,xviii7 ,if the applicant1 or1 if necessary1 the parents or spouse of the applicant1 reported receiving tax exempt payments from an individual retirement plan 7as defined in section #ggja of the ,internal ,revenue ,code of #aihf7 distribution or from pensions or annuities on a ,federal tax return1 information as to how much of the individual retirement plan distribution or pension or annuity disbursement was a qualified rollover4 7,,xix7 ,if the applicant1 or1 if necessary1 the parents or spouse of the applicant1 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 credit1 information regarding the amount of such foreign income4 7,,xx7 ,if the applicant1 or1 if applicable1 the parents or spouse of the applicant1 elects to report receiving college grant and scholarship aid included in gross income on a ,federal tax return described in section #dhj7;e77#b71 information regarding the amount of such aid 7iii7 ,prohibition against requesting information more than once ,any information requested during the process of creating an account for completing the free application under this subsection1 shall1 to the fullest extent possible1 not be required a second time for the same award year1 or in a duplicative manner1 when completing such free application except in the case of an unusual situation1 such as a temporary inability to access an account for completing such free application4 7iv7 ,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 determination4 7v7 ,single question for homeless status ,the ,secretary shall ensure that-- 7,i7 on the form developed under this section for which the information is applicable1 there is a single1 easily understood screening question to identify an applicant who is an unaccompanied homeless youth or is unaccompanied1 at risk of homelessness1 and self-supporting2 and 7,,ii7 such question is distinct from those relating to an individual who does not have access to parental income due to an unusual circumstance4 7vi7 ,adjustments ,the ,secretary shall disclose on the ,,fafsa that the student may1 on a case-by-case basis1 qualify for an adjustment under section #dgi;,a 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 parent4 7,c7 ,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 7as well as parents and spouses who must sign such an application or request or a ,master ,promissory ,note on behalf of those students and borrowers7 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 #did4 7,d7 ,authorizations available to the applicant 7i7 ,authorization to disclose fafsa information1 including a redisclosure of tax return information1 to institution1 state higher education agency1 and designated scholarship organizations ,an applicant and1 if necessary1 the parents or spouse of the applicant shall provide the ,secretary with authorization to disclose to an institution1 ,state higher education agency1 and scholarship organizations 7designated 7prior to the date of enactment of the ,,future ,act 7,public ,law #aaf-ia77 by the ,secretary under section #dhc7;a77#c77;,e77 as in effect on such date of enactment1 as specified by the applicant and in accordance with section #did1 in order for the applicant's eligibility for ,federal financial aid programs1 ,state financial aid programs1 institutional financial aid programs1 and scholarship programs at scholarship organizations 7designated 7prior to the date of enactment of the ,,future ,act 7,public ,law #aaf-ia77 by the ,secretary under section #dhc7;a77#c77;,e77 as in effect on such date of enactment1 to be determined1 the following3 7,i7 ,information described under section #fajc7l77#ac7 of the ,internal ,revenue ,code of #aihf4 7,,ii7 ,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 application1 award1 and administration of such ,federal financial aid1 except the name of an institution to which an applicant selects to redisclose information shall not be disclosed to any other institution4 7ii7 ,authorization to disclose to benefits programs ,an applicant and1 if necessary1 the parents or spouse of the applicant may provide the ,secretary with authorization to disclose to applicable agencies that handle applications for means-tested ,federal benefit programs1 as defined in section #dgi7;b77#d77;,h71 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 identification1 outreach and application efforts for the application1 award1 and administration of such means-tested ,federal benefits programs1 except such information shall not include ,federal tax information as specified in section #fajc7l77#ac77;,c7 of the ,internal ,revenue ,code of #aihf4 7,e7 ,action by the secretary ,upon receiving-- 7i7 an application under this section1 the ,secretary shall1 as soon as practicable1 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 ,grant1 if applicable1 assuming full-time enrollment for an academic year1 and note to the applicant the assumptions relationship to the scheduled award2 and 7ii7 an authorization under subparagraph 7,d71 the ,secretary shall1 as soon as practicable1 disclose the information described under such subparagraph1 as specified by the applicant1 in order for the applicant's eligibility for ,federal1 ,state1 or institutional student financial aid programs or means-tested ,federal benefit programs to be estimated or determined4 7,f7 ,work study wages ,with respect to an applicant who has received income earned from work under part ,c of this title1 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 ,grant1 if applicable1 without adding additional questions to the ,,fafsa1 including by collecting such information from institutions of higher education participating in work-study programs under part ,c of this title4 7#c7 ,information to be supplied by the secretary of education 7,a7 ,in general ,upon receiving and timely processing a free application that contains the information described in paragraph 7#b71 the ,secretary shall provide to the applicant the following information based on full-time attendance for an academic year3 7i7 ,the estimated dollar amount of a ,federal ,pell ,grant scheduled award for which the applicant is eligible for such award year4 7ii7 ,information on other types of ,federal financial aid for which the applicant may be eligible 7including situations in which the applicant could qualify for #aej percent of a scheduled ,federal ,pell ,grant award and loans made under this title7 and how the applicant can find additional information regarding such aid4 7iii7 ,consumer-tested information regarding each institution selected by the applicant in accordance with paragraph 7#b77;,b77ii77,,xi71 which may include the following3 7,i7 ,the following information1 as collected through the ,integrated ,postsecondary ,education ,data ,system or a successor ,federal data system as designated by the ,secretary3 7aa7 ,net price by the income categories1 as described under section #acb7;i77#f71 and disaggregated by undergraduate and graduate programs1 as applicable4 7bb7 ,graduation rate4 7cc7 ,retention rate4 7dd7 ,transfer rate1 if available4 7,,ii7 ,median debt of students upon completion4 7,,iii7 ,institutional default rate1 as calculated under section #dce4 7iv7 ,if the student is eligible for a student aid index of less than or equal to zero under section #dgc1 a notification of the ,federal means-tested benefits that they have not already indicated they receive1 but for which they may be eligible1 and relevant links and information on how to apply for such benefits4 7v7 ,information on education tax benefits described in paragraphs 7#a7 and 7#b7 of section #be;,a7a7 of the ,internal ,revenue ,code of #aihf or other applicable education tax benefits determined in consultation with the ,secretary of the ,treasury4 7vi7 ,if the individual identified as a veteran1 or as serving 7on the date of the application7 on active duty in the ,armed ,forces for other than training purposes1 information on benefits administered by the ,department of ,veteran ,affairs or ,department of ,defense1 respectively4 7vii7 ,if applicable1 the applicant's current outstanding balance of loans under this title4 7,b7 ,information provided to the state 7i7 ,in general ,the ,secretary shall redisclose1 with authorization from the applicant in accordance with paragraph 7#b77;,d77i71 to a ,state higher education agency administering ,state-based financial aid and serving the applicant's ,state of residence1 the information described under section #fajc7l77#ac7 of the ,internal ,revenue ,code of #aihf and information described in paragraph 7#b77;,b7 for the application1 award1 and administration of grants and other student financial aid provided directly from the ,state to be determined by such ,state4 ,such information shall include the list of institutions provided by the applicant on the application4 7ii7 ,use of information ,a ,state agency administering ,state-based financial aid-- 7,i7 shall use the information provided under clause 7i7 solely for the application1 award1 and administration of ,state-based financial aid for which the applicant is eligible2 7,,ii7 may use the information1 except for the information described under section #fajc7l77#ac7 of the ,internal ,revenue ,code of #aihf1 for ,state agency research that does not release any individually identifiable information on any applicant to promote college attendance1 persistence1 and completion2 7,,iii7 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 application2 and 7,,iv7 may share the application information1 excluding the information described under section #fajc7l77#ac7 of the ,internal ,revenue ,code of #aihf1 with any other entity1 only if such applicant provides explicit written consent of the applicant1 except as provided in subclause 7,,iii74 7iii7 ,limitation on consent process ,a ,state may provide a consent process whereby an applicant may elect to share the information described in clause 7i71 except for the information described in section #fajc7l77#ac7 of the ,internal ,revenue ,code of #aihf1 through explicit written consent to ,federal1 ,state1 or local government agencies or tribal organizations to assist such applicant in applying for and receiving ,federal1 ,state1 or local government assistance1 or tribal assistance for any component of the applicant's cost of attendance that may include financial assistance or non-monetary assistance4 7iv7 ,prohibition ,any entity that receives applicant information under clause 7iii7 shall not sell1 share1 or otherwise use applicant information other than for the purposes outlined in clause 7iii74 7,c7 ,use of information provided to the institution ,an institution-- 7i7 shall use the information provided to it solely for the application1 award1 and administration of financial aid to the applicant2 7ii7 may use the information provided1 excluding the information described under section #fjac7l77#ac7 of the ,internal ,revenue ,code of #aihf1 for research that does not release any individually identifiable information on any applicant1 to promote college attendance1 persistence1 and completion2 and 7iii7 shall not share such educational record information with any other entity without the explicit written consent of the applicant4 7,d7 ,prohibition ,any entity that receives applicant information under subparagraph 7,c77iii7 shall not sell1 share1 or otherwise use applicant information other than for the purposes outlined in subparagraph 7,c74 7,e7 ,fafsa information that includes tax return information ,an applicant's ,,fafsa information that includes return or return information as described in section #fajc7l77#ac7 of the ,internal ,revenue ,code of #aihf may be disclosed or redisclosed 7which shall include obtaining1 sharing1 or discussing such information7 only in accordance with the procedures described in section #did4 7#d7 ,development of form and information exchange ,prior to the design of the free application under this subsection1 the ,secretary shall1 to the maximum extent practicable1 on an annual basis-- 7,a7 consult with stakeholders to gather information about innovations and technology available to-- 7i7 ensure an efficient and effective process2 7ii7 mitigate unintended consequences2 and 7iii7 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 families2 and 7,b7 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 year4 7#e7 ,no additional information requests permitted ,in carrying out this subsection1 the ,secretary may not require additional information to be submitted by an applicant 7or the parents or spouse of an applicant7 for ,federal financial aid through other requirements or reporting1 except as required under a process or procedure exercised in accordance with the authority under section #dgi;,a4 7#f7 ,state-run programs 7,a7 ,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 index1 scheduled ,pell ,grant ,award1 or the financial data made available1 upon authorization by the applicant1 as a result of an application for aid under this subsection for determining the eligibility of the applicant for ,state provided financial aid4 7,b7 ,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 aid1 the ,state shall forward a list of those additional data elements determined necessary1 but not provided by virtue of the application under this subsection1 to the ,secretary4 ,the ,secretary shall make readily available to the public through the ,department's websites and other means-- 7i7 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 #dgi for the purposes of awarding ,state scholarships and grant aid2 7ii7 a list of ,states that require asset information from students who qualify for the exemption from asset reporting under section #dgi for the purposes of awarding ,state scholarships and grant aid2 7iii7 a list of ,states that have indicated that they require additional financial information separate from the ,free ,application for ,federal ,student ,aid for purposes of awarding ,state scholarships and grant aid2 and 7iv7 with the publication of the lists under this subparagraph1 information about additional resources available to applicants1 including links to such ,state websites4 7#g7 ,institution-run financial aid 7,a7 ,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 index1 scheduled ,pell ,grant ,award1 or the financial data made available1 upon authorization for release by the applicant1 as a result of an application for aid under this subsection for determining the eligibility of the applicant for institutional financial aid4 ,the ,secretary shall make readily available to the public through its websites and other means-- 7i7 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 #dgi for the purpose of awarding institution-run financial aid2 7ii7 a list of institutions that require asset information from students who qualify for the exemption from asset reporting under section #dgi for the purpose of awarding institution-run financial aid2 7iii7 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 aid2 and 7iv7 with the publication of the list in clause 7iii71 information about additional resources available to applicants4 7#h7 ,security of data ,the ,secretary shall1 in consultation with the ,secretary of the ,treasury-- 7,a7 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 data2 7,b7 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 #fajc of the ,internal ,revenue ,code of #aihf2 and 7,c7 provide guidance on the implementation of section #fajc of the ,internal ,revenue ,code of #aihf1 including how it intersects with the provisions of section #ddd of the ,general ,education ,provisions ,act 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd71 and any additional consent processes that may be available to applicants in accordance with the ,internal ,revenue ,code of #aihf regarding sharing of ,federal tax information4 7#i7 ,report to congress 7,a7 ,in general ,not later than #a year after the date of enactment of the ,,fafsa ,simplification ,act1 the ,secretary shall report to the authorizing committees on the progress of the ,secretary in carrying out this subsection1 including planning and stakeholder consultation4 ,such report shall include-- 7i7 benchmarks for implementation2 7ii7 entities and organizations that the ,secretary consulted2 7iii7 system requirements for such implementation and how they will be addressed2 7iv7 any areas of concern and potential problem issues uncovered that may hamper such implementation2 and 7v7 solutions determined to address such issues4 7,b7 ,updates ,the ,secretary shall provide updates to the authorizing committees-- 7i7 as to the progress and planning described in subparagraph 7,a7 prior to implementation of the revisions to the ,free ,application for ,federal ,student ,aid under this subsection not less often than quarterly2 and 7ii7 at least #f months and #a year after implementation of the revisions to the ,free ,application for ,federal ,student ,aid4 7b7 ,adjustments and improvements 7#a7 ,in general ,the ,secretary shall disclose in a consumer-tested format1 upon completion of the ,free ,application for ,federal ,student ,aid under this section1 that the student may1 on a case-by-case basis1 qualify for an adjustment under section #dgi;,a 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 parent4 ,such disclosure shall specify-- 7,a7 examples of the special circumstances under which a student or family member may qualify for such adjustment or determination of independence2 and 7,b7 additional information regarding the steps a student or family member may take in order to seek an adjustment under section #dgi;,a4 7#b7 ,consumer testing 7,a7 ,in general ,not later than #i months after the date of enactment of the ,,fafsa ,simplification ,act1 the ,secretary shall begin consumer testing the design of the ,free ,application for ,federal ,student ,aid under this section with prospective first-generation college students1 representatives of students 7including low-income students1 ,english learners1 first-generation college students1 adult students1 veterans1 servicemembers1 and prospective students71 students' families 7including low-income families1 families with ,english learners1 families with first-generation college students1 and families with prospective students71 institutions of higher education1 secondary school and postsecondary counselors1 and nonprofit consumer groups4 7,b7 ,updates ,for award year #bjbc-bjbd and at least each fourth succeeding award year thereafter1 the ,secretary shall update the design of the ,free ,application for ,federal ,student ,aid based on additional consumer testing with the populations described in subparagraph 7,a7 in order to improve the usability and accessibility of the application4 7#c7 ,accessibility of the fafsa ,the ,secretary shall-- 7,a7 in conjunction with the ,bureau of the ,census1 determine the most common languages spoken by ,english learner students and their parents in the ,united ,states2 7,b7 develop and make publicly available versions of the ,free ,application for ,federal ,student ,aid form in not fewer than #aa of the most common languages determined under subparagraph 7,a7 and make such versions available and accessible to applicants in paper and electronic formats2 and 7,c7 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 ,guidelines1 or successor guidelines4 7#d7 ,reapplication in a succeeding academic year ,in order to streamline an applicant's experience in applying for financial aid1 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 7including parents'1 guardians'1 or spouses'1 as applicable7 identifying1 demographic1 and school data from the previous application and to update such information to reflect any circumstances that have changed4 7#e7 ,technology accessibility ,the ,secretary shall make the application under this section available through prevalent technology4 ,such technology shall1 at a minimum1 enable applicants to-- 7,a7 save data2 and 7,b7 submit the application under this title to the ,secretary through such technology4 7#f7 ,verification burden ,the ,secretary shall-- 7,a7 to the maximum extent practicable1 streamline and simplify the process of verification for applicants for ,federal financial aid2 7,b7 in establishing policies and procedures to verify applicants' eligibility for ,federal financial aid1 consider-- 7i7 the burden placed on low-income applicants2 7ii7 the risk to low-income applicants of failing to complete the application1 enroll in college1 or complete a postsecondary credential as a result of being selected for verification2 7iii7 the effectiveness of the policies and procedures in preventing overpayments2 and 7iv7 the reasons for the source of any improper payments2 and 7,c7 issue a public report not less often than annually that includes the number and percentage of applicants subject to verification1 whether the applicants ultimately received ,federal financial aid disbursements1 the extent to which the student aid index changed for such applicants as a result of verification1 and the extent to which such applicants' eligibility for ,federal financial aid under this title changed4 7#g7 ,studies ,the ,secretary shall periodically conduct studies on-- 7,a7 whether the ,free ,application for ,federal ,student ,aid is a barrier to college enrollment by examining-- 7i7 the effect of ,states requiring additional information specified in clauses 7ii7 and 7iii7 of subsection 7a77#f77;,b7 on the determination of ,state financial aid awards1 including-- 7,i7 how much financial aid awards would change if the additional information were not required2 and 7,,ii7 the number of students who started but did not finish the ,free ,application for ,federal ,student ,aid1 compared to the baseline year of #bjba2 and 7ii7 the number of students who-- 7,i7 started a ,free ,application for ,federal ,student ,aid but did not receive financial assistance under this title for the applicable academic year2 and 7,,ii7 if available1 did not enroll in an institution of higher education in the applicable academic year2 7,b7 the most common barriers faced by applicants in completing the ,free ,application for ,federal ,student ,aid2 and 7,c7 the most common reasons that students and families do not fill out the ,free ,applications for ,federal ,student ,aid4 7c7 ,data and information 7#a7 ,in general ,the ,secretary shall publish data in a publicly accessible manner-- 7,a7 annually on the total number of ,free ,applications for ,federal ,student ,aid submitted by application cycle1 disaggregated by demographic characteristics1 type of institution or institutions of higher education to which the applicant applied1 the applicant's ,state of legal residence1 and high school and public school district2 7,b7 quarterly on the total number of ,free ,applications for ,federal ,student ,aid submitted by application cycle1 disaggregated by type of institution or institutions of higher education to which the applicant applied1 the applicant's ,state of legal residence1 and high school and public school district2 7,c7 weekly on the total number of ,free ,applications for ,federal ,student ,aid submitted1 disaggregated by high school and public school district2 and 7,d7 annually on the number of individuals who apply for federal financial aid pursuant to this section who indicated that they are-- 7i7 an unaccompanied homeless youth or unaccompanied1 at risk of homelessness1 and self-supporting2 or 7ii7 a foster care youth4 7#b7 ,contents ,the data described in paragraph 7#a77;,d7 with respect to homeless youth shall include1 at a minimum1 for each application cycle-- 7,a7 the total number of all applicants who were determined to be individuals described in section #dhj7;d77#h72 and 7,b7 the number of applicants described in subparagraph 7,a71 disaggregated-- 7i7 by ,state2 and 7ii7 by the sources of determination as described in section #dgi;,d7b74 7#c7 ,data sharing ,the ,secretary may enter into data sharing agreements with the appropriate ,federal or ,state agencies to conduct outreach regarding1 and connect applicants directly with1 the means-tested ,federal benefit programs described in subsection 7a77#b77;,b77ii77,,xvii7 for which the applicants may be eligible4 7d7 ,ensuring form usability 7#a7 ,signature ,notwithstanding any other provision of this title1 the ,secretary may permit the ,free ,application for ,federal ,student ,aid to be submitted without a signature1 if a signature is subsequently submitted by the applicant1 or if the applicant uses an access device provided by the ,secretary4 7#b7 ,free preparation authorized ,notwithstanding any other provision of this title1 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-- 7,a7 includes1 at the time the application is submitted to the ,department1 the name1 address or employer's address1 social security number or employer identification number1 and organizational affiliation of the preparer on the applicant's form2 7,b7 is subject to the same penalties as an applicant for purposely giving false or misleading information in the application2 7,c7 clearly informs each individual upon initial contact1 that the ,free ,application for ,federal ,student ,aid is a free form that may be completed without professional assistance2 and 7,d7 does not produce1 use1 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 section4 7#c7 ,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 section4 ,such application shall be produced1 distributed1 and processed by the ,secretary1 and no parent or student shall be charged a fee by the ,secretary1 a contractor1 a third-party servicer or private software provider1 or any other public or private entity for the collection1 processing1 or delivery of ,federal financial aid through the use of such application4 ,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 section1 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 to complete the ,free ,application for ,federal ,student ,aid prescribed under this section4 7#d7 ,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 application1 not later than ,january #a of the applicant's planned year of enrollment1 to the maximum extent practicable1 on or around ,october #a prior to the applicant's planned year of enrollment4 7#e7 ,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 ,aid4 7#f7 ,additional forms ,notwithstanding any other provision of this title1 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 ,aid1 unless such information is required for verification1 a determination of independence1 or professional judgement4 4 7#b7 ,reports ,notwithstanding section #gja7;b7 of this title1 the ,secretary of ,education shall have the authority to issue reports and begin consumer testing prior to ,july #a1 #bjbc1 as provided in the amendment made by paragraph 7#a74 7n7 ,student eligibility 7#a7 ,amendments 7,a7 ,in general ,section #dhd of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajia7 is amended-- 7i7 by striking subsections 7n7 and 7r72 7ii7 by redesignating subsections 7o71 7p71 7s71 and 7t71 as subsections 7n71 7o71 7q71 and 7r71 respectively2 7iii7 by inserting between subsections 7o7 and 7q71 as redesignated under clause 7i71 the following3 7p7 ,use of income data with ,,irs ,the ,secretary1 in cooperation with the ,secretary of the ,treasury1 shall fulfill the data transfer requirements under section #fajc7l77#ac7 of the ,internal ,revenue ,code of #aihf and the procedure and requirements outlined in section #did4 2 and 7iv7 by adding at the end the following3 7s7 ,exception to required registration with the selective service system ,notwithstanding section #ab7;f7 of the ,military ,selective ,service ,act 7#ej ,u4,s4,c4 #chaa7;f771 an individual shall not be ineligible for assistance or a benefit provided under this title if the individual is required under section #c of such ,act 7#ej ,u4,s4,c4 #chjb7 to present himself for and submit to registration under such section and fails to do so in accordance with any proclamation issued under such section1 or in accordance with any rule or regulation issued under such section4 7t7 ,confined or incarcerated individuals 7#a7 ,definitions ,in this subsection3 7,a7 ,confined or incarcerated individual ,the term confined or incarcerated individual-- 7i7 means an individual who is serving a criminal sentence in a ,federal1 ,state1 or local penal institution1 prison1 jail1 reformatory1 work farm1 or other similar correctional institution2 and 7ii7 does not include an individual who is in a halfway house or home detention or is sentenced to serve only weekends4 7,b7 ,prison education program ,the term prison education program means an education or training program that-- 7i7 is an eligible program under this title offered by an institution of higher education 7as defined in section #aja or #ajb7;a77#a77;,b772 7ii7 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 facilities1 or by the ,bureau of ,prisons2 7iii7 has been determined by the appropriate ,state department of corrections or other entity that is responsible for overseeing correctional facilities1 or by the ,bureau of ,prisons1 to be operating in the best interest of students1 the determination of which shall be made by the ,state department of corrections or other entity or by the ,bureau of ,prisons1 respectively1 and may be based on-- 7,i7 rates of confined or incarcerated individuals continuing their education post-release2 7,,ii7 job placement rates for such individuals2 7,,iii7 earnings for such individuals2 7,,iv7 rates of recidivism for such individuals2 7,v7 the experience1 credentials1 and rates of turnover or departure of instructors2 7,,vi7 the transferability of credits for courses available to confined or incarcerated individuals and the applicability of such credits toward related degree or certificate programs2 or 7,,vii7 offering relevant academic and career advising services to participating confined or incarcerated individuals while they are confined or incarcerated1 in advance of reentry1 and upon release2 7iv7 offers transferability of credits to at least #a institution of higher education 7as defined in section #aja or #ajb7;a77#a77;,b77 in the ,state in which the correctional facility is located1 or1 in the case of a ,federal correctional facility1 in the ,state in which most of the individuals confined or incarcerated in such facility will reside upon release2 7v7 is offered by an institution that has not been subject1 during the #e years preceding the date of the determination1 to-- 7,i7 any suspension1 emergency action1 or termination of programs under this title2 7,,ii7 any adverse action by the institution's accrediting agency or association2 or 7,,iii7 any action by the ,state to revoke a license or other authority to operate2 7vi7 satisfies any applicable educational requirements for professional licensure or certification1 including licensure or certification examinations needed to practice or find employment in the sectors or occupations for which the program prepares the individual1 in the ,state in which the correctional facility is located or1 in the case of a ,federal correctional facility1 in the ,state in which most of the individuals confined or incarcerated in such facility will reside upon release2 and 7vii7 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 located1 or1 in the case of a ,federal correctional facility1 in the ,state in which most of the individuals confined or incarcerated in such facility will reside upon release4 7#b7 ,technical assistance ,the ,secretary1 in collaboration with the ,attorney ,general1 shall provide technical assistance and guidance to the ,bureau of ,prisons1 ,state departments of corrections1 and other entities that are responsible for overseeing correctional facilities in making determinations under paragraph 7#a77;,b77iii74 7#c7 ,federal pell grant eligibility ,notwithstanding subsection 7a71 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 #dja1 the individual shall be enrolled or accepted for enrollment in a prison education program4 7#d7 ,evaluation 7,a7 ,in general ,not later than #a year after the date of enactment of the ,,fafsa ,simplification ,act1 in order to evaluate and improve the impact of activities supported under this subsection1 the ,secretary1 in partnership with the ,director of the ,institute of ,education ,sciences1 shall award #a or more grants or contracts to1 or enter into cooperative agreements with1 experienced public and private institutions and organizations to enable the institutions and organizations to conduct an external evaluation that shall-- 7i7 assess the ability of confined or incarcerated individuals to access and complete the ,free ,application for ,federal ,student ,aid2 7ii7 examine in-custody outcomes and post-release outcomes related to providing ,federal ,pell ,grants to confined or incarcerated individuals1 including-- 7,i7 attainment of a postsecondary degree or credential2 7,,ii7 safety in penal institutions with prison education programs2 7,,iii7 the size of waiting lists for prison education programs2 7,,iv7 the extent to which such individuals continue their education post-release2 7,v7 employment and earnings outcomes for such individuals2 and 7,,vi7 rates of recidivism for such individuals2 7iii7 track individuals who received ,federal ,pell ,grants under subpart #a of part ,a at #a1 #c1 and #e years after the individuals' release from confinement or incarceration2 and 7iv7 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 services1 if offered4 7,b7 ,report ,beginning not later than #a year after the ,secretary awards the grant1 contract1 or cooperative agreement described in subparagraph 7,a7 and annually thereafter1 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 subsection1 which shall include the information1 as applicable1 contained in clauses 7i7 through 7iv7 of subparagraph 7,a74 7#e7 ,report ,not later than #a year after the date of enactment of the ,,fafsa ,simplification ,act and on at least an annual basis thereafter1 the ,secretary shall submit to the authorizing committees1 and make publicly available on the website of the ,department1 a report on the-- 7,a7 impact of this subsection which shall include1 at a minimum-- 7i7 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 ,grants2 7ii7 the number of confined or incarcerated individuals receiving ,federal ,pell ,grants through each prison education program2 7iii7 the amount of ,federal ,pell ,grant expenditures for each prison education program2 7iv7 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 full-time equivalent students not in prison education programs2 7v7 the demographics of confined or incarcerated individuals receiving ,federal ,pell ,grants2 7vi7 the cost of attendance for such individuals2 7vii7 the mode of instruction 7such as distance education1 in-person instruction1 or a combination of such modes7 for each prison education program2 7viii7 information on the academic outcomes of such individuals 7such as credits attempted and earned1 and credential and degree completion7 and any information available from student satisfaction surveys conducted by the applicable institution or correctional facility2 7ix7 information on post-release outcomes of such individuals1 including1 to the extent practicable1 continued postsecondary enrollment1 earnings1 credit transfer1 and job placement2 7x7 rates of recidivism for confined or incarcerated individuals receiving ,federal ,pell ,grants2 7xi7 information on transfers of confined or incarcerated individuals between prison education programs2 7xii7 the most common programs and courses offered in prison education programs2 and 7xiii7 rates of instructor turnover or departure for courses offered in prison education programs2 7,b7 results of each prison education program at each institution of higher education1 including the information described in clauses 7ii7 through 7xiii7 of subparagraph 7,a72 and 7,c7 findings regarding best practices with respect to prison education programs4 4 7,b7 ,conforming amendment ,section #dbh;,b7f77#b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgh-b7;f77#b77 is amended by striking section #dhd7p7 and inserting section #dhd7o74 7,c7 ,institutional and financial assistance information for students ,section #dhe of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7 is amended by repealing subsection 7k74 7#b7 ,early effective date permitted ,notwithstanding section #gja7;b7 of this ,act1 sections #dja7;b77#f7 and #dhd7r7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7b77#f72 #ajia7r77 as in effect on the date of enactment of this ,act1 and section #ab7;f7 of the ,military ,selective ,service ,act 7#ej ,u4,s4,c4 #chaa7;f771 the ,secretary of ,education may implement the amendments made by paragraph 7#a7 of this subsection before 7but not later than7 ,july #a1 #bjbc4 ,the ,secretary shall specify in a designation on what date1 under what conditions1 and for which award years the ,secretary will implement such amendments prior to ,july #a1 #bjbc4 ,the ,secretary shall publish any designation under this paragraph in the ,federal ,register at least #fj days before implementation4 7o7 ,early awareness of financial aid eligibility ,section #dhe;,e of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib;f7 is amended to read as follows3 #dhe;,e4 ,early awareness and outreach of financial aid eligibility 7a7 ,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 aid4 ,such early outreach activities shall include the activities described in subsections 7b71 7c71 and 7d74 7b7 ,pell grant early awareness estimates 7#a7 ,in general ,the ,secretary shall produce a consumer-tested method of estimating student eligibility for ,federal ,pell ,grants under section #dja7;b7 utilizing the variables of family size and adjusted gross income1 presented in electronic format4 ,there shall be a method for students to indicate whether they are1 or will be in-- 7,a7 a single-parent household2 7,b7 a household with two parents2 or 7,c7 a household with no children or dependents4 7#b7 ,consumer testing 7,a7 ,in general ,the method of estimating eligibility described in paragraph 7#a7 shall be consumer tested with prospective first-generation students and families as well as low-income individuals and families4 7,b7 ,updates ,for award year #bjbc-bjbd and each fourth succeeding award year thereafter1 the design of the method of estimating eligibility shall be updated based on additional consumer testing with the populations described in subparagraph 7,a74 7#c7 ,distribution ,the method of estimating eligibility described in paragraph 7#a7 shall be-- 7,a7 made publicly and prominently available on the ,department's website2 and 7,b7 actively shared by the ,secretary with-- 7i7 institutions of higher education participating in programs under this title2 7ii7 all middle and secondary schools eligible for funds under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife2 7iii7 local educational agencies and middle schools and high schools that serve students not less than #be percent of whom meet a measure of poverty as described in section #aaac7;a77#e7 of the ,elementary and ,secondary ,education ,act of #aife2 and 7iv7 agencies responsible for administering means-tested ,federal benefit programs1 as defined in section #dgi7;b77#d77;,h74 7#d7 ,electronic estimator on fafsa ,in accordance with subsection 7d77#e7 of section #dhc1 the ,secretary shall maintain an electronic method for applicants to enter income and family size1 and level of education sought information to calculate a non-binding estimate 7which may include a range1 ceiling1 or minimum7 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 ,,fafsa4 7c7 ,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 families1 as follows3 7#a7 ,outreach plans for low-income families 7,a7 ,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 title1 in addition to and in coordination with the distribution of the method of estimating eligibility under subsection 7b71 to-- 7i7 all middle schools and secondary schools eligible for funds under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife2 7ii7 local educational agencies and middle schools and high schools that serve students not less than #be percent of whom meet a measure of poverty as described in section #aaac7;a77#e7 of the ,elementary and ,secondary ,education ,act2 7iii7 households receiving assistance under the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 and 7iv7 agencies responsible for administering means-tested ,federal benefit programs1 as defined in section #dgi7;b77#d77;,h74 7,b7 ,content of plans ,the plans described in paragraph 7,a7 shall-- 7i7 provide students and their families with information on-- 7,i7 the availability of the ,college ,scorecard or any similar successor website2 7,,ii7 the electronic estimates of financial aid available under subsection 7b72 7,,iii7 ,federal financial aid available to students1 including eligibility criteria for the ,federal financial aid and an explanation of the ,federal financial aid programs 7including applicable ,federal educational tax credits72 and 7,,iv7 resources that can inform students of financial aid that may be available from state-based financial aid1 state-based college savings programs1 and scholarships and other non-governmental sources2 7ii7 describe how the dissemination of information will be conducted by the ,secretary4 7,c7 ,reporting and updates ,the ,secretary shall post the information about the plans under subparagraph 7,a7 and associated goals publicly on the ,department's website4 ,on an annual basis1 the ,secretary shall report qualitative and quantitative outcomes regarding the implementation of the plans under subparagraph 7,a74 ,the ,secretary shall review and update such plans not less often than every #d award years with the goal of progressively increasing the impact of the activities under this paragraph4 7,d7 ,partnership ,the ,secretary may partner with ,states1 ,state systems of higher education1 institutions of higher education1 or college access organizations to carry out this paragraph4 7#b7 ,interagency coordination plans 7,a7 ,in general ,the ,secretary shall develop interagency coordination plans in order to inform more students and families1 including low-income individuals or families and recipients of means-tested ,federal benefits1 about the availability of ,federal financial aid under this title through participation in existing ,federal programs or tax benefits that serve low-income individuals or families1 in coordination with the following ,secretaries3 7i7 ,the ,secretary of the ,treasury4 7ii7 ,the ,secretary of ,labor4 7iii7 ,the ,secretary of ,health and ,human ,services4 7iv7 ,the ,secretary of ,agriculture4 7v7 ,the ,secretary of ,housing and ,urban ,development4 7vi7 ,the ,secretary of ,commerce4 7vii7 ,the ,secretary of ,veterans ,affairs4 7viii7 ,the ,secretary of the ,interior4 7,b7 ,process1 activities1 and goals ,each interagency coordination plan under subparagraph 7,a7 shall-- 7i7 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 families2 7ii7 identify methods to effectively inform low-income 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 ,aid2 7iii7 develop early awareness and ,,fafsa completion activities that align with the opportunities and methods identified under clauses 7i7 and 7ii72 7iv7 establish goals regarding the effects of the activities to be implemented under clause 7iii72 and 7v7 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 7,a7 while attending an institution of higher education4 7,c7 ,plan with secretary of the treasury ,the interagency coordination plan under subparagraph 7,a77i7 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 returns1 including collaboration with tax preparation entities or other third parties1 as appropriate4 7,d7 ,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 website4 ,the plans shall have the goal of progressively increasing the impact of the activities under this paragraph by increasing the number of low-income applicants for1 and recipients of1 ,federal financial aid4 ,the plans shall be updated not less than once every #d years4 7#c7 ,nationwide participation in early awareness plans 7,a7 ,in general ,the ,secretary shall solicit voluntary public commitments from entities1 such as ,states1 ,state systems of higher education1 institutions of higher education1 and other interested organizations1 to carry out early awareness plans1 which shall include goals1 to-- 7i7 notify prospective and existing students who are low-income individuals and families about their eligibility for ,federal aid under this title1 as well as ,state-based financial aid1 if applicable1 on an annual basis2 7ii7 increase the number of prospective and current students who are low-income individuals and families filing the ,free ,application for ,federal ,student ,aid2 and 7iii7 increase the number of prospective and current students who are low-income individuals and families enrolling in postsecondary education4 7,b7 ,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 ,secretary4 7,c7 ,early awareness champions ,based on data submitted by entities1 the ,secretary shall select and designate entities submitting public commitments1 plans1 and goals1 as ,early ,awareness ,champions on an annual basis4 ,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 practices4 7d7 ,public awareness campaign 7#a7 ,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 and1 at the option of the ,secretary1 potential availability of state need-based financial aid4 7#b7 ,coordination ,the public awareness campaign described in paragraph 7#a7 shall leverage the activities in subsections 7b7 and 7c7 to highlight eligibility among low-income populations4 ,in developing and implementing the campaign1 the ,secretary may work in coordination with ,states1 institutions of higher education1 early intervention and outreach programs under this title1 other ,federal agencies1 agencies responsible for administering means-tested ,federal benefit programs 7as defined in section #dgi7;b77#d77;,h771 organizations involved in college access and student financial aid1 secondary schools1 local educational agencies1 public libraries1 community centers1 businesses1 employers1 workforce investment boards1 and organizations that provide services to individuals who are or were homeless1 in foster care1 or are disconnected youth4 7#c7 ,reporting ,the ,secretary shall report on the success of the public awareness campaign described in paragraph 7#a7 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 website4 4 7p7 ,procedure and requirements for requesting tax return information from the internal revenue service ,section #did7;a77#a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajih;h7a77#a77 is amended-- 7#a7 in subparagraph 7,a77ii71 by striking and after the semicolon2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 if an individual is pursuing provisional independent student status due to an unusual circumstance1 as described in section #dgi;,a and provided for in section #dgi;,d1 require such individual to provide an affirmative approval under subparagraph 7,b71 but not require a parent of such individual to provide an affirmative approval under subparagraph 7,b74 4 #gjc4 ,federal pell grants3 amount and determinations2 applications ,section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7 is amended to read as follows3 #dja4 ,federal pell grants3 amount and determinations2 applications 7a7 ,purpose2 definitions 7#a7 ,purpose ,the purpose of this subpart is to provide a ,federal ,pell ,grant to low-income students4 7#b7 ,definitions ,in this section-- 7,a7 the term adjusted gross income means-- 7i7 in the case of a dependent student1 the adjusted gross income 7as defined in section #fb of the ,internal ,revenue ,code of #aihf7 of the student's parents in the second tax year preceding the academic year2 and 7ii7 in the case of an independent student1 the adjusted gross income 7as defined in section #fb of the ,internal ,revenue ,code of #aihf7 of the student 7and the student's spouse1 if applicable7 in the second tax year preceding the academic year2 7,b7 the term family size has the meaning given the term in section #dhj7k72 7,c7 the term poverty line means the poverty line 7as determined under the poverty guidelines updated periodically in the ,federal ,register by the ,department of ,health and ,human ,services under the authority of section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b777 applicable to the student's family size and applicable to the second tax year preceding the academic year2 7,d7 the term single parent means-- 7i7 a parent of a dependent student who was a head of household 7as defined in section #b7;b7 of the ,internal ,revenue ,code of #aihf7 or a surviving spouse 7as defined in section #b7;a7 of the ,internal ,revenue ,code of #aihf7 or was an eligible individual for purposes of the credit under section #cb of such ,code1 in the second tax year preceding the academic year2 or 7ii7 an independent student who is a parent and was a head of household 7as defined in section #b7;b7 of the ,internal ,revenue ,code of #aihf7 or a surviving spouse 7as defined in section #b7;a7 of the ,internal ,revenue ,code of #aihf7 or was an eligible individual for purposes of the credit under section #cb of such ,code1 in the second tax year preceding the academic year2 7,e7 the term total maximum ,federal ,pell ,grant means the total maximum ,federal ,pell ,grant award per student for any academic year described under subsection 7b77#e72 and 7,f7 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 time1 which shall be equal to #aj percent of the total maximum ,federal ,pell ,grant for such academic year4 7b7 ,amount and distribution of grants 7#a7 ,determination of amount of a federal pell grant ,subject to paragraphs 7#b7 and 7#c71 the amount of a ,federal ,pell ,grant for a student shall be determined in accordance with the following3 7,a7 ,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-- 7i7 if the student 7and the student's spouse1 if applicable71 or1 in the case of a dependent student1 the dependent student's parents 7or single parent71 is not required to file a ,federal income tax return in the second year preceding the academic year2 7ii7 if the student or1 in the case of a dependent student1 the dependent student's parent1 is a single parent1 and the adjusted gross income is greater than zero and equal to or less than #bbe percent of the poverty line2 or 7iii7 if the student or1 in the case of a dependent student1 the dependent student's parent1 is not a single parent1 and the adjusted gross income is greater than zero and equal to or less than #age percent of the poverty line4 7,b7 ,a student who is not eligible for a total maximum ,federal ,pell ,grant under subparagraph 7,a7 for an academic year1 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 year4 ,the amount of the ,federal ,pell ,grant for a student eligible under this subparagraph shall be-- 7i7 the total maximum ,federal ,pell ,grant as calculated under paragraph 7#e77;,a7 for that year1 less 7ii7 an amount equal to the amount determined to be the student aid index with respect to that student for that year1 except that a student aid index of less than zero shall be considered to be zero for the purposes of this clause1 rounded to the nearest #e1 except that a student eligible for less than the minimum ,federal ,pell ,grant as defined in section 7a77#b77;,f7 shall not be eligible for an award4 7,c7 ,a student who is not eligible for a ,federal ,pell ,grant under subparagraph 7,a7 or 7,b7 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-- 7i7 in the case of a dependent student-- 7,i7 if the student's parent is a single parent1 and the adjusted gross income is equal to or less than #cbe percent of the poverty line2 or 7,,ii7 if the student's parent is not a single parent1 and the adjusted gross income is equal to or less than #bge percent of the poverty line2 or 7ii7 in the case of an independent student-- 7,i7 if the student is a single parent1 and the adjusted gross income is equal to or less than #djj percent of the poverty line2 7,,ii7 if the student is a parent and is not a single parent1 and the adjusted gross income is equal to or less than #cej percent of the poverty line2 or 7,,iii7 if the student is not a parent1 and the adjusted gross income is equal to or less than #bge percent of the poverty line4 7,d7 ,a student eligible for the total maximum ,federal ,pell ,grant under subparagraph 7,a7 who has 7or whose spouse or parent1 as applicable based on whose information is used under such subparagraph1 has7 foreign income that would1 if added to adjusted gross income1 result in the student no longer being eligible for such total maximum ,federal ,pell ,grant1 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 #dgi;,a7b77#a77;,b77v7 to account for such foreign income when determining the student's eligibility for such total maximum ,federal ,pell ,grant4 7,e7 ,with respect to a student who is not eligible for the total maximum ,federal ,pell ,grant under subparagraph 7,a7 or a minimum ,federal ,pell ,grant under subparagraph 7,c71 the ,secretary shall subtract from the student or parents' adjusted gross income1 as applicable based on whose income is used for the ,federal ,pell ,grant calculation1 the sum of the following for the individual whose income is so used1 and consider such difference the adjusted gross income for purposes of determining the student's eligibility for such ,federal ,pell ,grant award under such subparagraph3 7i7 ,if the applicant1 or1 if applicable1 the parents or spouse of the applicant1 elects to report receiving college grant and scholarship aid included in gross income on a ,federal tax return described in section #dhj7;e77#b71 the amount of such aid4 7ii7 ,income earned from work under part ,c of this title4 7#b7 ,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 7including a student who attends an institution of higher education on less than a half-time basis7 during any academic year1 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 basis1 rounded to the nearest whole percentage point1 as provided in a schedule of reductions published by the ,secretary computed in accordance with this subpart4 ,such schedule of reductions shall be published in the ,federal ,register in accordance with section #dhb4 ,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 ,grant1 if enrolled full-time4 7#c7 ,award may not exceed cost of attendance ,no ,federal ,pell ,grant under this subpart shall exceed the cost of attendance 7as defined in section #dgb7 at the institution at which that student is in attendance4 ,if1 with respect to any student1 it is determined that the amount of a ,federal ,pell ,grant for that student exceeds the cost of attendance for that year1 the amount of the ,federal ,pell ,grant shall be reduced until the ,federal ,pell ,grant does not exceed the cost of attendance at such institution4 7#d7 ,study abroad ,notwithstanding any other provision of this subpart1 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 institution1 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 7#a7 or 7#b7 during such award year4 ,if the preceding sentence applies1 the financial aid administrator at the home institution may use the cost of the study abroad program1 rather than the home institution's cost1 to determine the cost of attendance of the student4 7#e7 ,total maximum federal pell grant 7,a7 ,in general ,for award year #bjbc-bjbd1 and each subsequent award year1 the total maximum ,federal ,pell ,grant award per student shall be equal to the sum of-- 7i7 #a1jfj2 and 7ii7 the amount specified as the maximum ,federal ,pell ,grant in the last enacted appropriation ,act applicable to that award year4 7,b7 ,rounding ,the total maximum ,federal ,pell ,grant for any award year shall be rounded to the nearest #e4 7#f7 ,funds by fiscal year 7,a7 ,in general ,to carry out this section-- 7i7 there are authorized to be appropriated and are appropriated 7in addition to any other amounts appropriated to carry out this section and out of any money in the ,treasury not otherwise appropriated7 such sums as are necessary to carry out paragraph 7#e77;,a77i7 for fiscal year #bjbc and each subsequent fiscal year2 and 7ii7 such sums as may be necessary are authorized to be appropriated to carry out paragraph 7#e77;,a77ii7 for each of the fiscal years #bjbc through #bjcc4 7,b7 ,availability of funds ,the amounts made available by subparagraph 7,a7 for any fiscal year shall be available beginning on ,october #a of that fiscal year1 and shall remain available through ,september #cj of the succeeding fiscal year4 7#g7 ,appropriation 7,a7 ,in general ,in addition to any funds appropriated under paragraph 7#f7 and any funds made available for this section under any appropriations ,act1 there are authorized to be appropriated1 and there are appropriated 7out of any money in the ,treasury not otherwise appropriated7 to carry out this section1 #a1agj1jjj1jjj for fiscal year #bjbc and each subsequent award year4 7,b7 ,no effect on previous appropriations ,the amendments made to this section by the ,,fafsa ,simplification ,act shall not-- 7i7 increase or decrease the amounts that have been appropriated or are available to carry out this section for fiscal year #bjag1 #bjah1 #bjai1 #bjbj1 #bjba1 or #bjbb as of the day before the effective date of such ,act2 or 7ii7 extend the period of availability for obligation that applied to any such amount1 as of the day before such effective date4 7,c7 ,availability of funds ,the amounts made available by this paragraph for any fiscal year shall be available beginning on ,october #a of that fiscal year1 and shall remain available through ,september #cj of the succeeding fiscal year4 7#h7 ,method of distribution 7,a7 ,in general ,for each fiscal year through fiscal year #bjcc1 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 undergraduate1 a ,federal ,pell ,grant in the amount for which that student is eligible4 7,b7 ,alternative disbursement ,nothing in this section shall be interpreted to prohibit the ,secretary from paying directly to students1 in advance of the beginning of the academic term1 an amount for which they are eligible1 in the cases where an eligible institution does not participate in the disbursement system under subparagraph 7,a74 7#i7 ,additional payment periods in same award year 7,a7 ,effective in the #bjag-bjah award year and thereafter1 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 if1 during that single award year1 the student has received a ,federal ,pell ,grant for an award year and is enrolled in an eligible program for one or more additional payment periods during the same award year that are not otherwise fully covered by the student's ,federal ,pell ,grant4 7,b7 ,in the case of a student receiving more than one ,federal ,pell ,grant in a single award year under subparagraph 7,a71 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 year4 7,c7 ,any period of study covered by a ,federal ,pell ,grant awarded under subparagraph 7,a7 shall be included in determining a student's duration limit under subsection 7d77#e74 7,d7 ,in any case where an eligible student is receiving a ,federal ,pell ,grant for a payment period that spans #b award years1 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 assigned1 as it determines is most beneficial to students4 7c7 ,special rule 7#a7 ,in general ,a student described in paragraph 7#b7 shall be eligible for the total maximum ,federal ,pell ,grant4 7#b7 ,applicability ,paragraph 7#a7 shall apply to any dependent or independent student-- 7,a7 who is eligible to receive a ,federal ,pell ,grant according to subsection 7b77#a7 for the award year for which the determination is made2 7,b7 whose parent or guardian was-- 7i7 an individual who1 on or after ,september #aa1 #bjja1 died in the line of duty while serving on active duty as a member of the ,armed ,forces2 or 7ii7 actively serving as a public safety officer and died in the line of duty while performing as a public safety officer2 and 7,c7 who is less than #cc years of age4 7#c7 ,information ,notwithstanding any other provision of law-- 7,a7 the ,secretary shall establish the necessary data-sharing agreements with the ,secretary of ,veterans ,affairs and the ,secretary of ,defense1 as applicable1 to provide the information necessary to determine which students meet the requirements of paragraph 7#b77;,b77i72 and 7,b7 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 eligibility4 7#d7 ,treatment of pell amount ,notwithstanding section #abab of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcjb71 in the case of a student who receives an increased ,federal ,pell ,grant amount under this section1 the total amount of such ,federal ,pell ,grant1 including the increase under this subsection1 shall not be considered in calculating that student's educational assistance benefits under the ,public ,safety ,officers' ,benefits program under subpart #b of part ,l of title ,i of such ,act4 7#e7 ,definition of public safety officer ,for purposes of this subsection1 the term public safety officer means-- 7,a7 a public safety officer1 as defined in section #abjd of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbhd72 or 7,b7 a fire police officer1 defined as an individual who-- 7i7 is serving in accordance with ,state or local law as an officially recognized or designated member of a legally organized public safety agency2 7ii7 is not a law enforcement officer1 a firefighter1 a chaplain1 or a member of a rescue squad or ambulance crew2 and 7iii7 provides scene security or directs traffic-- 7,i7 in response to any fire drill1 fire call1 or other fire1 rescue1 or police emergency2 or 7,,ii7 at a planned special event4 7d7 ,period of eligibility for grants 7#a7 ,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 attendance1 except that any period during which the student is enrolled in a noncredit or remedial course of study1 as described in paragraph 7#b71 shall not be counted for the purpose of this paragraph4 7#b7 ,noncredit or remedial courses2 study abroad ,nothing in this section shall exclude from eligibility courses of study which are noncredit or remedial in nature 7including courses in ,english language instruction7 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 or1 in the case of courses in ,english language instruction1 to be necessary to enable the student to use already existing knowledge1 training1 or skills4 ,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 enrolled4 7#c7 ,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 institution4 7#d7 ,postbaccalaureate program ,notwithstanding paragraph 7#a71 the ,secretary may allow1 on a case-by-case basis1 a student to receive a ,federal ,pell ,grant if the student-- 7,a7 is carrying at least one-half the normal full-time work load for the course of study the student is pursuing1 as determined by the institution of higher education2 and 7,b7 is enrolled or accepted for enrollment in a postbaccalaureate program that does not lead to a graduate degree1 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 ,state1 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 education4 7#e7 ,maximum period 7,a7 ,in general ,except as provided in subparagraph 7,b71 the period during which a student may receive ,federal ,pell ,grants shall not exceed #ab semesters1 or the equivalent of #ab semesters1 as determined by the ,secretary by regulation4 ,such regulations shall provide1 with respect to a student who received a ,federal ,pell ,grant for a term but was enrolled at a fraction of full time1 that only that same fraction of such semester or equivalent shall count towards such duration limits4 7,b7 ,exception 7i7 ,in general ,any ,federal ,pell ,grant that a student received during a period described in subclause 7,i7 or 7,,ii7 of clause 7ii7 shall not count towards the student's duration limits under this paragraph4 7ii7 ,applicable periods ,clause 7i7 shall apply with respect to any ,federal ,pell ,grant awarded to a student to enroll in an eligible program at an institution-- 7,i7 during a period of a student's attendance at an institution-- 7aa7 at which the student was unable to complete a course of study due to the closing of the institution2 or 7bb7 for which the student was falsely certified as eligible for ,federal aid under this title2 or 7,,ii7 during a period-- 7aa7 for which the student received a loan under this title2 and 7bb7 for which the loan described in item 7aa7 is discharged under-- 7,,aa7 section #dcg7;c77#a7 or section #dfd7;g77#a72 7,,bb7 section #dcb7;a77#f72 or 7,,cc7 section #dee7;h7 due to the student's successful assertion of a defense to repayment of the loan1 including defenses provided to any applicable groups of students4 7e7 ,applications for grants 7#a7 ,deadlines ,the ,secretary shall from time to time set dates by which students shall file the ,free ,application for ,federal ,student ,aid under section #dhc4 7#b7 ,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 subpart4 7f7 ,distribution of grants to students ,payments under this section shall be made in accordance with regulations promulgated by the ,secretary for such purpose1 in such manner as will best accomplish the purpose of this section4 ,any disbursement allowed to be made by crediting the student's account shall be limited to tuition and fees1 and food and housing if that food and housing is institutionally owned or operated4 ,the student may elect to have the institution provide other such goods and services by crediting the student's account4 7g7 ,insufficient appropriations ,if1 for any fiscal year1 the funds appropriated for payments under this subpart are insufficient to satisfy fully all entitlements1 as calculated under subsections 7b7 and 7c7 7but at the maximum grant level specified in such appropriation71 the ,secretary shall promptly transmit a notice of such insufficiency to each ,house of the ,congress1 and identify in such notice the additional amount that would be required to be appropriated to satisfy fully all entitlements 7as so calculated at such maximum grant level74 7h7 ,use of excess funds 7#a7 #ae percent or less ,if1 at the end of a fiscal year1 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 #ae percent or less1 then all of the excess funds shall remain available for making payments under this subpart during the next succeeding fiscal year4 7#b7 ,more than #ae percent ,if1 at the end of a fiscal year1 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 #ae percent1 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 year4 7i7 ,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 deemed1 by virtue of such agreement1 a contractor maintaining a system of records to accomplish a function of the ,secretary4 ,recipients of ,pell ,grants shall not be considered to be individual grantees for purposes of chapter #ha of title #da1 ,united ,states ,code4 7j7 ,institutional ineligibility based on default rates 7#a7 ,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 #aiif or a succeeding fiscal year4 7#b7 ,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 ,d1 as applicable4 ,this subsection shall not apply to an institution that was not participating in the loan program authorized under part ,b or ,d on ,october #g1 #aiih1 unless the institution subsequently participates in the loan programs4 4 #gjd4 ,conforming amendments ,the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 is amended-- 7#a7 by striking the expected family contribution each place the term appears and inserting the student aid index2 7#b7 by striking expected family contributions each place the term appears and inserting student aid indexes2 7#c7 by striking an expected family contribution each place the term appears and inserting a student aid index2 7#d7 by striking average expected family contribution each place the term appears and inserting average student aid index2 7#e7 in section #dae;,e7c77#a77;,b77vii71 by striking automatic zero expected family contribution and inserting automatic zero student aid index2 and 7#f7 in section #dbh7;a77#b77;,b71 by striking expected family contribution and inserting student aid index4 #gje4 ,repeal of the subsidized usage limit applies 7sula7 restriction 7a7 ,repeal ,section #dee7q7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7q77 is repealed4 7b7 ,early effective date permitted ,notwithstanding section #gja7;b7 of this ,act and section #dee7q7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7q77 as in effect on the date of enactment of this ,act1 the ,secretary of ,education may implement the repeal authorized under subsection 7a7 before 7but not later than7 ,july #a1 #bjbc4 ,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 #a1 #bjbc4 ,the ,secretary shall publish any designation under this paragraph in the ,federal ,register at least #fj days before implementation4 #gjf4 ,forgiveness of ,,hbcu capital financing loans 7a7 ,forgiveness ,not later than #ij days after the effective date of this section1 the ,secretary of ,education shall repay each institution of higher education's outstanding balance of principal1 interest1 fees1 and costs on the disbursed loan amounts 7as of such effective date7 under each applicable closed loan agreement1 including paying any reimbursement 7including reimbursements of escrow and return of fees and deposits7 relating to the applicable closed loan agreement that are usual and customary when the loan is paid off by the institution4 7b7 ,applicable closed loan agreement ,in this section1 the term applicable closed loan agreement means each of the following3 7#a7 ,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 #aife 7#bj ,u4,s4,c4 #ajff et seq474 7#b7 ,a closed loan agreement executed before the date of enactment of this ,act and made for deferment balances authorized under-- 7,a7 section #ceab of the ,,cares ,act 7#bj ,u4,s4,c4 #ajja note72 7,b7 title ,,iii of division ,a of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id2 #acc ,stat4 #behf72 7,c7 title ,,iii of division ,b of the ,department of ,defense and ,labor1 ,health and ,human ,services1 and ,education ,appropriations ,act1 #bjai and ,continuing ,appropriations ,act1 #bjai 7,public ,law #aae-bde2 #acb ,stat4 #cjig72 or 7,d7 title ,,iii of division ,h of the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada2 #acb ,stat4 #gda74 7c7 ,authorization and appropriation ,there are authorized to be appropriated1 and there are appropriated1 out of any amounts in the ,treasury not otherwise appropriated1 such sums as may be necessary to carry out subsection 7a74 7d7 ,effective date ,notwithstanding section #gja7;b71 this section shall take effect on the date of enactment of this ,act4 ,,viii ,access to ,death ,information ,furnished to or ,maintained by the ,social ,security ,administration #hja4 ,access to death information furnished to or maintained by the ,social ,security ,administration 7a7 ,in general ,section #bje7r7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7r77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by striking ,each ,state and inserting 7,a7 ,each ,state2 7,b7 by striking may and inserting shall2 7,c7 by striking from amounts available for administration of this ,act the reasonable costs 7established by the ,commissioner of ,social ,security in consultations with the ,states7 for transcribing and transmitting such information to the ,commissioner of ,social ,security4 and inserting 8for the following3 7i7 ,a fee1 to be established pursuant to subparagraph 7,b71 for the use of such information by-- 7,i7 the ,commissioner2 and 7,,ii7 any other agency that receives such information from the ,commissioner and is subject to the requirements of subparagraph 7#c77;,a74 7ii7 ,the full documented cost to the ,state of transmitting such information to the ,commissioner1 including the costs of maintaining1 enhancing1 and operating any electronic system used solely for transmitting such information to the ,commissioner4 7,b7 ,the fee for the use of such information shall be established by the ,commissioner of ,social ,security in consultations with the ,states1 and shall include-- 7i7 a share of the costs to the ,state associated with collecting and maintaining such information2 ensuring the completeness1 timeliness1 and accuracy of such information2 and maintaining1 enhancing1 and operating the electronic systems that allow for the transmission of such information2 and 7ii7 a fee for the right to use such information4 7,c7 ,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 7#c77;,a71 except as the ,commissioner determines is necessary on a temporary basis and subject to reimbursement under such paragraph4 2 7#b7 in paragraph 7#c77;,a71 by striking for the reasonable cost of carrying out such arrangement1 and and inserting 8for-- 7i7 the agency's proportional share 7as determined by the ,commissioner in consultation with the head of the agency7 of-- 7,i7 the payments to ,states required under paragraph 7#b77;,a72 7,,ii7 the costs to the ,commissioner of developing the contracts described in paragraph 7#a72 and 7,,iii7 the costs to the ,commissioner of carrying out the study required under section #hjb of division ,,ff of the ,consolidated ,appropriations ,act1 #bjba2 and 7ii7 the full documented cost to the ,commissioner of developing such arrangement and transmitting such information to the agency2 and 2 7#c7 in paragraph 7#e7-- 7,a7 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 subsection2 and 7,b7 by striking by ,federal and ,state agencies and inserting by a ,federal or ,state agency1 provided that the requirements of subparagraphs 7,a7 and 7,b7 of paragraph 7#c7 are met2 7#d7 by redesignating paragraphs 7#g7 through 7#i7 as paragraphs 7#h7 through 7#aj71 respectively1 and inserting after paragraph 7#f7 the following new paragraph3 7#g7 ,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 identification1 the ,commissioner may-- 7,a7 notify the ,state of the error in the records so furnished2 and 7,b7 inform the individual of the source of the incorrect death data4 2 7#e7 in paragraph 7#i77;,f71 as so redesignated1 by striking the ,commission and inserting the ,commissioner2 7#f7 in paragraph 7#aj71 as so redesignated-- 7,a7 by adjusting the left margin so as to align with the left margin of paragraph 7#i72 and 7,b7 in subparagraph 7,a77i71 by inserting 1 provided that the requirements of subparagraphs 7,a7 and 7,b7 of paragraph 7#c7 are met with respect to such agreement before the semicolon2 and 7#g7 by adding at the end the following new paragraph3 7#aa7 ,during the #c-year period that begins on the effective date of this paragraph1 the ,commissioner of ,social ,security shall1 to the extent feasible1 provide information furnished to the ,commissioner under paragraph 7#a7 to the agency operating the ,do ,not ,pay working system described in section #cced7;c7 of title #ca1 ,united ,states ,code1 to prevent improper payments to deceased individuals through a cooperative arrangement with such agency1 provided that the requirements of subparagraphs 7,a7 and 7,b7 of paragraph 7#c7 are met with respect to such arrangement with such agency4 4 7b7 ,effective dates 7#a7 ,in general ,subject to paragraph 7#b71 the amendments made by this section shall take effect on the date of enactment of this ,act4 7#b7 ,delay ,the amendment made by paragraph 7#g7 of subsection 7a7 shall take effect on the date that is #c years after the date of enactment of this ,act4 #hjb4 ,study and report to ,congress on sources and access to death data 7a7 ,study ,not later than #ahj days after the date of enactment of this ,act1 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 for1 and provision of access to1 ,state-owned death data for limited use by ,federal agencies and programs for purposes of program administration and payment integrity4 ,such study shall be performed in consultation with ,state vital records agencies1 the ,national ,association for ,public ,health ,statistics and ,information ,systems 7,,naphsis71 the ,commissioner of ,social ,security1 the agency operating the ,do ,not ,pay working system described in section #cced7;c7 of title #ca1 ,united ,states ,code1 and other ,federal agencies using such death data1 as appropriate1 and shall include the following3 7#a7 ,analysis of the following3 7,a7 ,the sources and owners of the death data4 7,b7 ,the timeliness1 accuracy1 and completeness of ,state-owned death data1 including the process for correcting inaccuracies 4 7,c7 ,federal and ,state laws that may affect legal access to1 and protections for1 ,state-owned death data4 7,d7 ,federalism and the appropriate roles of the relevant ,federal and ,state entities1 including ,states' role in recording vital records and the core mission and responsibility of any ,federal agency involved4 7,e7 ,the costs incurred for each step of the death data collection1 management1 protection 7legal and otherwise71 and transmission processes1 and the challenges to adequate funding of ,state vital records programs4 7,f7 ,unmet needs 7if any7 for these data among ,federal agencies or programs4 7,g7 ,options for providing ,federal agencies with limited access to ,state-owned death data1 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 program1 and corresponding options for appropriate reimbursement structures4 7#b7 ,an assessment of the strengths and limitations of the options for distribution and reimbursement identified in paragraph 7#a77;,g74 7b7 ,report ,upon completion of the study required under subsection 7a71 the ,commissioner of ,social ,security shall transmit the study to the ,committees on ,ways and ,means and ,oversight and ,reform of the ,house of ,representatives1 and the ,committees on ,finance and ,homeland ,security and ,governmental ,affairs of the ,senate4 ,,ix ,telecommunications and ,consumer ,protection #ija4 ,performance standards to protect against portable fuel container explosions near open flames or other ignition sources 7a7 ,short title ,this section may be cited as the ,portable ,fuel ,container ,safety ,act of #bjbj4 7b7 ,standards 7#a7 ,rule on safety performance standards required ,not later than #cj months after the date of enactment of this ,act1 the ,consumer ,product ,safety ,commission 7referred to in this ,act as the ,commission7 shall promulgate a final rule to require flame mitigation devices in portable fuel containers that impede the propagation of flame into the container1 except as provided in paragraph 7#c74 7#b7 ,rulemaking2 consumer product safety standard ,a rule under paragraph 7#a7-- 7,a7 shall be promulgated in accordance with section #eec of title #e1 ,united ,states ,code2 and 7,b7 shall be treated as a consumer product safety rule promulgated under section #i of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjeh74 7#c7 ,exception 7,a7 ,voluntary standard ,paragraph 7#a7 shall not apply for a class of portable fuel containers in the scope of this ,act if the ,commission determines at any time that-- 7i7 there is a voluntary standard for flame mitigation devices for those containers that impedes the propagation of flame into the container2 7ii7 the voluntary standard described in clause 7i7 is or will be in effect not later than #ah months after the date of enactment of this ,act2 and 7iii7 the voluntary standard described in clause 7i7 is developed by ,,astm ,international or such other standard development organization that the ,commission determines to have met the intent of this ,act4 7,b7 ,determination required to be published in the federal register ,any determination made by the ,commission under this subsection shall be published in the ,federal ,register4 7#d7 ,treatment of voluntary standard for purpose of enforcement ,if the ,commission determines that a voluntary standard meets the conditions described in paragraph 7#c77;,a71 the requirements of such voluntary standard shall be treated as a consumer product safety rule promulgated under section #i of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjeh7 beginning on the date which is the later of-- 7,a7 #ahj days after publication of the ,commission's determination under paragraph 7#c72 or 7,b7 the effective date contained in the voluntary standard4 7#e7 ,revision of voluntary standard 7,a7 ,notice to commission ,if the requirements of a voluntary standard that meet the conditions of paragraph 7#c7 are subsequently revised1 the organization that revised the standard shall notify the ,commission after the final approval of the revision4 7,b7 ,effective date of revision ,not later than #ahj days after the ,commission is notified of a revised voluntary standard described in subparagraph 7,a7 7or such later date as the ,commission determines appropriate71 such revised voluntary standard shall become enforceable as a consumer product safety rule promulgated under section #i of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjeh71 in place of the prior version1 unless within #ij days after receiving the notice the ,commission determines that the revised voluntary standard does not meet the requirements described in paragraph 7#c74 7#f7 ,future rulemaking ,the ,commission1 at any time after publication of the consumer product safety rule required by paragraph 7#a71 a voluntary standard is treated as a consumer product safety rule under paragraph 7#d71 or a revision is enforceable as a consumer product safety rule under paragraph 7#e7 may initiate a rulemaking in accordance with section #eec of title #e1 ,united ,states ,code1 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 container4 ,any rule promulgated under this subsection shall be treated as a consumer product safety rule promulgated under section #i of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjeh74 7#g7 ,action required 7,a7 ,education campaign ,not later than #a year after the date of enactment of this ,act1 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 ignition4 7,b7 ,summary of actions ,not later than #b years after the date of enactment of this ,act1 the ,commission shall submit to ,congress a summary of actions taken by the ,commission in such campaign4 7#h7 ,portable fuel container defined ,in this ,act1 the term portable fuel container means any container or vessel 7including any spout1 cap1 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 container7-- 7,a7 intended for flammable liquid fuels with a flash point less than #adj degrees ,fahrenheit1 including gasoline1 kerosene1 diesel1 ethanol1 methanol1 denatured alcohol1 or biofuels2 7,b7 that is a consumer product with a capacity of #e gallons or less2 and 7,c7 that the manufacturer knows or reasonably should know is used by consumers for transporting1 storing1 and dispensing flammable liquid fuels4 7#i7 ,rule of construction ,this ,act may not be interpreted to conflict with the ,children's ,gasoline ,burn ,prevention ,act 7,public ,law #aaj-bgh2 #abb ,stat4 #bfjb74 7c7 ,children's gasoline burn prevention ,act 7#a7 ,amendment ,section #b7;c7 of the ,children's ,gasoline ,burn ,prevention ,act 7#ae ,u4,s4,c4 #bjef note2 ,public ,law #aaj-bgh7 is amended by inserting after for use by consumers the following3 and any receptacle for gasoline1 kerosene1 or diesel fuel1 including any spout1 cap1 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 receptacle1 produced or distributed for sale to or use by consumers for transport of1 or refueling of internal combustion engines with1 gasoline1 kerosene1 or diesel fuel4 7#b7 ,applicability ,the amendment made by paragraph 7#a7 shall take effect #f months after the date of enactment of this ,act4 #ijb4 ,don't ,break ,up the ,t-,band 7a7 ,short title ,this section may be cited as the ,don't ,break ,up the ,t-,band ,act of #bjbj4 7b7 ,repeal of requirement to reallocate and auction ,t-,band spectrum 7#a7 ,repeal ,section #fajc of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adac7 is repealed4 7#b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by striking the item relating to section #fajc4 7c7 ,clarifying acceptable #i-a-a obligations or expenditures ,section #f of the ,wireless ,communications and ,public ,safety ,act of #aiii 7#dg ,u4,s4,c4 #fae;a-#a7 is amended-- 7#a7 in subsection 7f7-- 7,a7 in paragraph 7#a71 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 7#c7 as purposes and functions for which the obligation or expenditure of such a fee or charge is acceptable2 7,b7 in paragraph 7#b71 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 7#c7 as purposes and functions for which the obligation or expenditure of any such fees or charges is acceptable2 and 7,c7 by adding at the end the following3 7#c7 ,acceptable obligations or expenditures 7,a7 ,rules required ,in order to prevent diversion of #i-a-a fees or charges1 the ,commission shall1 not later than #ahj days after the date of the enactment of this paragraph1 issue final rules designating purposes and functions for which the obligation or expenditure of #i-a-a fees or charges1 by any ,state or taxing jurisdiction authorized to impose such a fee or charge1 is acceptable4 7,b7 ,purposes and functions ,the purposes and functions designated under subparagraph 7,a7 shall be limited to the support and implementation of #i-a-a 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 jurisdiction4 ,in designating such purposes and functions1 the ,commission shall consider the purposes and functions that ,states and taxing jurisdictions specify as the intended purposes and functions for the #i-a-a fees or charges of such ,states and taxing jurisdictions1 and determine whether such purposes and functions directly support providing #i-a-a services4 7,c7 ,consultation required ,the ,commission shall consult with public safety organizations and ,states and taxing jurisdictions as part of any proceeding under this paragraph4 7,d7 ,definitions ,in this paragraph3 7i7 #i-a-a fee or charge ,the term #i-a-a 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 #i-a-a services4 7ii7 #i-a-a services ,the term #i-a-a services has the meaning given such term in section #aeh7;e7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #idb7;e774 7iii7 ,state or taxing jurisdiction ,the term ,state or taxing jurisdiction means a ,state1 political subdivision thereof1 ,indian ,tribe1 or village or regional corporation serving a region established pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq474 7#d7 ,participation ,if a ,state or taxing jurisdiction 7as defined in paragraph 7#c77;,d77 receives a grant under section #aeh of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #idb7 after the date of the enactment of this paragraph1 such ,state or taxing jurisdiction shall1 as a condition of receiving such grant1 provide the information requested by the ,commission to prepare the report required by paragraph 7#b74 7#e7 ,petition regarding additional purposes and functions 7,a7 ,in general ,a ,state or taxing jurisdiction 7as defined in paragraph 7#c77;,d77 may submit to the ,commission a petition for a determination that an obligation or expenditure of a #i-a-a fee or charge 7as defined in such paragraph7 by such ,state or taxing jurisdiction for a purpose or function other than a purpose or function designated under paragraph 7#c77;,a7 should be treated as such a purpose or function4 ,if the ,commission finds that the ,state or taxing jurisdiction has provided sufficient documentation to make the demonstration described in subparagraph 7,b71 the ,commission shall grant such petition4 7,b7 ,demonstration described ,the demonstration described in this subparagraph is a demonstration that the purpose or function-- 7i7 supports public safety answering point functions or operations2 or 7ii7 has a direct impact on the ability of a public safety answering point to-- 7,i7 receive or respond to #i-a-a calls2 or 7,,ii7 dispatch emergency responders4 2 and 7#b7 by adding at the end the following3 7j7 ,severability clause ,if any provision of this section or the application thereof to any person or circumstance is held invalid1 the remainder of this section and the application of such provision to other persons or circumstances shall not be affected thereby4 4 7d7 ,prohibition on #i-a-a fee or charge diversion 7#a7 ,in general ,if the ,commission obtains evidence that suggests the diversion by a ,state or taxing jurisdiction of #i-a-a fees or charges1 the ,commission shall submit such information1 including any information regarding the impact of any underfunding of #i-a-a services in the ,state or taxing jurisdiction1 to the interagency strike force established under paragraph 7#c74 7#b7 ,report to ,congress ,beginning with the first report under section #f7;f77#b7 of the ,wireless ,communications and ,public ,safety ,act of #aiii 7#dg ,u4,s4,c4 #fae;a-#a7;f77#b77 that is required to be submitted after the date that is #a year after the date of the enactment of this ,act1 the ,commission shall include in each report required under such section all evidence that suggests the diversion by a ,state or taxing jurisdiction of #i-a-a fees or charges1 including any information regarding the impact of any underfunding of #i-a-a services in the ,state or taxing jurisdiction4 7#c7 ,interagency strike force to end #i-a-a fee or charge diversion 7,a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 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 #i-a-a fees or charges4 ,such interagency strike force shall be known as the ,ending #i-a-a ,fee ,diversion ,now ,strike ,force 7in this subsection referred to as the ,strike ,force74 7,b7 ,duties ,in carrying out the study under subparagraph 7,a71 the ,strike ,force shall-- 7i7 determine the effectiveness of any ,federal laws1 including regulations1 policies1 and practices1 or budgetary or jurisdictional constraints regarding how the ,federal ,government can most expeditiously end diversion by a ,state or taxing jurisdiction of #i-a-a fees or charges2 7ii7 consider whether criminal penalties would further prevent diversion by a ,state or taxing jurisdiction of #i-a-a fees or charges2 and 7iii7 determine the impacts of diversion by a ,state or taxing jurisdiction of #i-a-a fees or charges4 7,c7 ,members ,the ,strike ,force shall be composed of such representatives of ,federal departments and agencies as the ,commission considers appropriate1 in addition to-- 7i7 ,state attorneys general2 7ii7 ,states or taxing jurisdictions found not to be engaging in diversion of #i-a-a fees or charges2 7iii7 ,states or taxing jurisdictions trying to stop the diversion of #i-a-a fees or charges2 7iv7 ,state #i-a-a administrators2 7v7 public safety organizations2 7vi7 groups representing the public and consumers2 and 7vii7 groups representing public safety answering point professionals4 7,d7 ,report to ,congress ,not later than #bgj days after the date of the enactment of this ,act1 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 ,commerce1 ,science1 and ,transportation of the ,senate a report on the findings of the study under this paragraph1 including-- 7i7 any recommendations regarding how to most expeditiously end the diversion by a ,state or taxing jurisdiction of #i-a-a fees or charges1 including actions that can be taken by ,federal departments and agencies and appropriate changes to law or regulations2 and 7ii7 a description of what progress1 if any1 relevant ,federal departments and agencies have made in implementing the recommendations under clause 7i74 7#d7 ,failure to comply ,notwithstanding any other provision of law1 any ,state or taxing jurisdiction identified by the ,commission in the report required under section #f7;f77#b7 of the ,wireless ,communications and ,public ,safety ,act of #aiii 7#dg ,u4,s4,c4 #fae;a-#a7;f77#b77 as engaging in diversion of #i-a-a fees or charges shall be ineligible to participate or send a representative to serve on any committee1 panel1 or council established under section #fbje7;a7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adbe7;a77 or any advisory committee established by the ,commission4 7e7 ,rule of construction ,nothing in this ,act1 the ,wireless ,communications and ,public ,safety ,act of #aiii 7,public ,law #ajf-ha71 or the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 shall be construed to prevent a ,state or taxing jurisdiction from requiring an annual audit of the books and records of a provider of #i-a-a services concerning the collection and remittance of a #i-a-a fee or charge4 7f7 ,definitions ,in this ,act3 7#a7 #i-a-a fee or charge ,the term #i-a-a fee or charge has the meaning given such term in subparagraph 7,d7 of paragraph 7#c7 of section #f7;f7 of the ,wireless ,communications and ,public ,safety ,act of #aiii1 as added by this ,act4 7#b7 #i-a-a services ,the term #i-a-a services has the meaning given such term in section #aeh7;e7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #idb7;e774 7#c7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#d7 ,diversion ,the term diversion means1 with respect to a #i-a-a fee or charge1 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 7#c7 of section #f7;f7 of the ,wireless ,communications and ,public ,safety ,act of #aiii1 as added by this ,act1 as purposes and functions for which the obligation or expenditure of such a fee or charge is acceptable4 7#e7 ,state or taxing jurisdiction ,the term ,state or taxing jurisdiction has the meaning given such term in subparagraph 7,d7 of paragraph 7#c7 of section #f7;f7 of the ,wireless ,communications and ,public ,safety ,act of #aiii1 as added by this ,act4 #ijc4 ,office of ,internet ,connectivity and ,growth 7a7 ,short title ,this section may be cited as the ,advancing ,critical ,connectivity ,expands ,service1 ,small ,business ,resources1 ,opportunities1 ,access1 and ,data ,based on ,assessed ,need and ,demand ,act or the ,,access ,,broadband ,act4 7b7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,assistant ,secretary shall establish the ,office of ,internet ,connectivity and ,growth within the ,national ,telecommunications and ,information ,administration4 7c7 ,duties 7#a7 ,outreach ,the ,office shall-- 7,a7 connect with communities that need access to high-speed internet and improved digital inclusion efforts through various forms of outreach and communication techniques2 7,b7 hold regional workshops across the country to share best practices and effective strategies for promoting broadband access and adoption2 7,c7 develop targeted broadband training and presentations for various demographic communities through various media2 7,d7 develop and distribute publications 7including toolkits1 primers1 manuals1 and white papers7 providing guidance1 strategies1 and insights to communities as the communities develop strategies to expand broadband access and adoption2 and 7,e7 as applicable in carrying out subparagraphs 7,a7 through 7,d71 coordinate with ,state agencies that provide similar broadband investments1 outreach1 and coordination through ,federal programs4 7#b7 ,tracking of federal dollars 7,a7 ,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 database4 7,b7 ,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 7,a7 in a standardized and efficient fashion4 7,c7 ,report ,not later than #a year after the date of the enactment of this ,act1 and every year thereafter1 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 ,commerce1 ,science1 and ,transportation of the ,senate a report on the following3 7i7 ,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 ,programs4 7ii7 ,a description of how many residents of the ,united ,states were provided broadband by which universal service mechanism or which ,federal broadband support program4 7iii7 ,an estimate of the economic impact of such broadband deployment efforts on local economies1 including any effect on small businesses or jobs4 7d7 ,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 ,act4 7e7 ,streamlined applications for support 7#a7 ,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 program4 7#b7 ,agency streamlining ,any agency offering a ,federal broadband support program shall amend the applications of the agency for broadband support1 to the extent practicable and as necessary1 to streamline and standardize applications for ,federal broadband support programs across the ,government4 7#c7 ,single application ,to the greatest extent practicable1 the ,office shall seek to create one application that may be submitted to apply for all1 or substantially all1 ,federal broadband support programs4 7#d7 ,website required ,not later than #ahj days after the date of the enactment of this ,act1 the ,office shall create a central website through which potential applicants can learn about and apply for support through any ,federal broadband support program4 7f7 ,coordination of support 7#a7 ,in general ,to ensure that ,federal support for broadband deployment is being distributed in an efficient1 technology-neutral1 and financially sustainable manner1 and that a program does not duplicate any other ,federal broadband support program or any ,universal ,service ,fund high-cost program-- 7,a7 any agency that offers a ,federal broadband support program shall coordinate with the ,office consistent with the goals described in paragraph 7#b72 and 7,b7 the ,office1 with respect to ,federal broadband support programs1 and the ,commission1 with respect to the ,universal ,service ,fund high-cost programs1 shall coordinate with each other consistent with the goals described in paragraph 7#b74 7#b7 ,goals ,the goals of any coordination conducted pursuant to this subsection are the following3 7,a7 ,serving the largest number of unserved locations in the ,united ,states and ensuring all residents of the ,united ,states have access to high-speed broadband4 7,b7 ,promoting the most job and economic growth for all residents of the ,united ,states4 7#c7 ,broadband availability maps ,the ,office and the ,commission shall consult the broadband availability maps produced by the ,commission when coordinating under paragraph 7#a74 7g7 ,definitions ,in this ,act3 7#a7 ,agency ,the term agency has the meaning given that term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,assistant secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#c7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#d7 ,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 7or any other similar ,federal program7 to the extent the program offers broadband internet service1 support for broadband deployment1 or programs for promoting broadband access and adoption for various demographic communities through various media for residential1 commercial1 community providers1 or academic establishments3 7,a7 ,the ,telecommunications and ,technology ,program of the ,appalachian ,regional ,commission4 7,b7 ,the ,telecommunications ,infrastructure ,loan and ,loan ,guarantee ,program established under the ,rural ,electrification ,act of #aicf1 the rural broadband access program established under title ,,vi of that ,act 7#g ,u4,s4,c4 #iej;bb et seq471 the initiative under section #cjf;,f of that ,act 7#g ,u4,s4,c4 #icf;f71 the ,community ,connect ,grant ,program established under section #fjd of that ,act 7#g ,u4,s4,c4 #iej;bb-#c71 the broadband loan and grant pilot program authorized under section #ggi of division ,a of the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada2 #acb ,stat4 #cii7 7commonly known as the ,rural e,connectivity ,pilot ,program or the ,re,connect ,program71 and the ,distance ,learning and ,telemedicine ,program under chapter #a of subtitle ,d of title ,,xxiii of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #iej;aaa et seq474 7,c7 ,community facility direct and guaranteed loans under section #cjf7;a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibf7;a771 community facility grants under paragraph 7#ai71 7#bj71 or 7#ba7 of section #cjf7;a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aibf7;a771 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 ,appropriations ,act1 #bjbj 7,public ,law #aaf-id2 #acc ,stat4 #bfbi74 7,d7 ,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 ,commerce4 7,e7 ,the ,community ,development ,block ,grants and ,section #ajh ,loan ,guarantees ,programs1 the ,funds for ,public ,housing ,authorities3 ,capital ,fund and ,operating ,fund1 the ,multifamily ,housing ,programs1 the ,indian ,community ,development ,block ,grant ,program1 the ,indian ,housing ,block ,grant ,program1 the ,title ,,vi ,loan ,guarantee ,program1 the ,choice ,neighborhoods ,program1 the ,,home ,investment ,partnerships ,program1 the ,housing ,trust ,fund1 and the ,housing ,opportunities for ,persons with ,,aids ,program of the ,department of ,housing and ,urban ,development4 7,f7 ,the ,american ,job ,centers of the ,employment and ,training ,administration of the ,department of ,labor4 7,g7 ,the ,library ,services and ,technology ,grant ,programs of the ,institute of ,museum and ,library ,services4 7#e7 ,office ,the term ,office means the ,office of ,internet ,connectivity and ,growth established pursuant to subsection 7b74 7#f7 ,universal service fund high-cost programs ,the term ,universal ,service ,fund high-cost programs means-- 7,a7 the program for ,universal ,service ,support for ,high-,cost ,areas set forth under subpart ,d of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor thereto2 7,b7 the ,rural ,digital ,opportunity ,fund set forth under subpart ,j of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor thereto2 7,c7 the ,interstate ,common ,line ,support ,mechanism for ,rate-of-,return ,carriers set forth under subpart ,k of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor thereto2 7,d7 the ,mobility ,fund and #e;,g ,fund set forth under subpart ,l of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor thereto2 and 7,e7 the ,high ,cost ,loop ,support for ,rate-of-,return ,carriers program set forth under subpart ,m of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor thereto4 7#g7 ,universal ,service ,fund ,program ,the term ,universal ,service ,fund ,program means any program authorized under section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7 to help deploy broadband4 7#h7 ,universal service mechanism ,the term universal service mechanism means any funding stream provided by a ,universal ,service ,fund ,program to support broadband access4 7h7 ,rule of construction ,nothing in this ,act is intended to alter or amend any provision of section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed74 #ijd4 ,interagency agreement 7a7 ,short title ,this section may be cited as the ,broadband ,interagency ,coordination ,act of #bjbj4 7b7 ,interagency agreement 7#a7 ,definitions ,in this ,act-- 7,a7 the term covered agency means-- 7i7 the ,federal ,communications ,commission2 7ii7 the ,department of ,agriculture2 and 7iii7 the ,national ,telecommunications and ,information ,administration2 and 7,b7 the term high-cost programs means-- 7i7 the program for ,universal ,service ,support for ,high-,cost ,areas set forth under subpart ,d of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor thereto2 7ii7 the ,rural ,digital ,opportunity ,fund set forth under subpart ,j of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor thereto2 7iii7 the ,interstate ,common ,line ,support ,mechanism for ,rate-of-,return ,carriers set forth under subpart ,k of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor thereto2 7iv7 the ,mobility ,fund and #e;,g ,fund set forth under subpart ,l of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor thereto2 and 7v7 the ,high ,cost ,loop ,support for ,rate-of-,return ,carriers program set forth under subpart ,m of part #ed of title #dg1 ,code of ,federal ,regulations1 or any successor thereto4 7#b7 ,interagency agreement ,not later than #ahj days after the date of enactment of this ,act1 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-- 7,a7 the high-cost programs2 7,b7 the programs administered by the ,rural ,utilities ,service of the ,department of ,agriculture and the ,department of ,agriculture2 and 7,c7 the programs administered by or coordinated through the ,national ,telecommunications and ,information ,administration4 7#c7 ,requirements ,in entering into an interagency agreement with respect to the programs described in paragraph 7#b71 the heads of the covered agencies shall-- 7,a7 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 7#b7 for new broadband deployment2 7,b7 provide that-- 7i7 subject to clause 7ii71 upon request from another covered agency with authority to award or authorize any funds for new broadband deployment in a project area1 a covered agency shall provide the other covered agency with any information the covered agency possesses regarding1 with respect to the project area-- 7,i7 each entity that provides broadband service in the area2 7,,ii7 levels of broadband service provided in the area1 including the speed of broadband service and the technology provided2 7,,iii7 the geographic scope of broadband service coverage in the area2 and 7,,iv7 each entity that has received or will receive funds under the programs described in paragraph 7#b7 to provide broadband service in the area2 and 7ii7 if a covered agency designates any information provided to another covered agency under clause 7i7 as confidential1 the other covered agency shall protect the confidentiality of that information2 7,c7 consider basing the distribution of funds for broadband deployment under the programs described in paragraph 7#b7 on standardized data regarding broadband coverage2 and 7,d7 provide that the interagency agreement shall be updated periodically1 except that the scope of the agreement with respect to the ,federal ,communications ,commission may not expand beyond the high-cost programs4 7#d7 ,assessment of agreement 7,a7 ,public comment ,not later than #a year after entering into the interagency agreement required under paragraph 7#b71 the ,federal ,communications ,commission shall seek public comment on-- 7i7 the effectiveness of the interagency agreement in facilitating efficient use of funds for broadband deployment2 7ii7 the availability of ,tribal1 ,state1 and local data regarding broadband deployment and the inclusion of that data in interagency coordination2 and 7iii7 modifications to the interagency agreement that would improve the efficacy of interagency coordination4 7,b7 ,assessment2 report ,not later than #ah months after the date of enactment of this ,act1 the ,federal ,communications ,commission shall-- 7i7 review and assess the comments received under subparagraph 7,a72 and 7ii7 submit to the ,committee on ,commerce1 ,science1 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 7i74 #ije4 ,reallocation and auction of #cdej-ceej ,m,hz spectrum band 7a7 ,short title ,this section may be cited as the ,beat ,china by ,harnessing ,important1 ,national ,airwaves for #e;,g ,act of #bjbj or the ,beat ,,china for #e;,g ,act of #bjbj4 7b7 ,definitions ,in this ,act-- 7#a7 the term ,commission means the ,federal ,communications ,commission2 and 7#b7 the term covered band means the band of electromagnetic spectrum between the frequencies of #cdej megahertz and #ceej megahertz1 inclusive4 7c7 ,withdrawal or modification of ,federal ,government assignments ,the ,president1 acting through the ,assistant ,secretary of ,commerce for ,communications and ,information1 shall-- 7#a7 not later than #ahj days after the date of enactment of this ,act1 in coordination with relevant ,federal users1 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 7d72 and 7#b7 not later than #cj days after completing any necessary withdrawal or modification under paragraph 7#a71 notify the ,commission that the withdrawal or modification is complete4 7d7 ,reallocation and auction 7#a7 ,in general ,the ,commission shall-- 7,a7 revise the non-,federal allocation for the covered band to permit flexible-use services2 and 7,b7 notwithstanding paragraph 7#ae77;,a7 of section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j771 not later than ,december #ca1 #bjba1 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 band1 subject to flexible-use service rules4 7#b7 ,exemption from notification requirement ,the first sentence of section #aac7;g77#d77;,a7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;g77#d77;,a77 shall not apply with respect to the system of competitive bidding required under paragraph 7#a77;,b7 of this subsection4 7#c7 ,proceeds to cover #aaj percent of ,federal relocation or sharing costs ,nothing in paragraph 7#a7 shall be construed to relieve the ,commission from the requirements of section #cji7;j77#af77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#af77;,b774 ,x ,bankruptcy ,relief #ajja4 ,bankruptcy relief 7a7 ,property of the estate 7#a7 ,in general ,section #eda7;b7 of title #aa1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#i71 in the matter following subparagraph 7,b71 by striking or2 7,b7 in paragraph 7#aj77;,c71 by striking the period at the end and inserting 2 or2 and 7,c7 by inserting after paragraph 7#aj7 the following3 7#aa7 recovery rebates made under section #fdbh of the ,internal ,revenue ,code of #aihf4 4 7#b7 ,sunset ,effective on the date that is #a year after the date of enactment of this ,act1 section #eda7;b7 of title #aa1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#i71 in the matter following subparagraph 7,b71 by adding or at the end2 7,b7 in paragraph 7#aj77;,c71 by striking 2 or and inserting a period2 and 7,c7 by striking paragraph 7#aa74 7b7 ,discharge 7#a7 ,in general ,section #acbh of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,subject to subsection 7d71 after notice and a hearing1 the court may grant a discharge of debts dischargeable under subsection 7a7 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-- 7#a7 the debtor defaults on not more than #c monthly payments due on a residential mortgage under section #acbb7;b77#e7 on or after ,march #ac1 #bjbj1 to the trustee or creditor caused by a material financial hardship due1 directly or indirectly1 by the coronavirus disease #bjai 7,,covid-#ai7 pandemic2 or 7#b7 7,a7 the plan provides for the curing of a default and maintenance of payments on a residential mortgage under section #acbb7;b77#e72 and 7,b7 the debtor has entered into a forbearance agreement or loan modification agreement with the holder or servicer 7as defined in section #f7;i7 of the ,real ,estate ,settlement ,procedures ,act of #aigd 7#ab ,u4,s4,c4 #bfje7;i77 of the mortgage described in subparagraph 7,a74 4 7#b7 ,sunset ,effective on the date that is #a year after the date of enactment of this ,act1 section #acbh of title #aa1 ,united ,states ,code1 is amended by striking subsection 7i74 7c7 ,protection against discriminatory treatment 7#a7 ,in general ,section #ebe of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,a person may not be denied relief under sections #djbb through #djbd of the ,,cares ,act 7#ae ,u4,s4,c4 #ijef1 #ijeg1 #ijeh7 because the person is or has been a debtor under this title4 4 7#b7 ,sunset ,effective on the date that is #a year after the date of enactment of this ,act1 section #ebe of title #aa1 ,united ,states ,code1 is amended by striking subsection 7d74 7d7 ,,cares forbearance claims 7#a7 ,filing of proofs of claims or interests ,section #eja of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 7#a7 ,in this subsection-- 7,a7 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 #djbb or #djbc of the ,,cares ,act 7#ae ,u4,s4,c4 #ijef1 #ijeg72 7,b7 the term eligible creditor means a servicer 7as defined in section #f7;i7 of the ,real ,estate ,settlement ,procedures ,act of #aigd 7#ab ,u4,s4,c4 #bfje7;i77 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 #acbb7;b77#e72 7,c7 the term ,federally backed mortgage loan has the meaning given the term in section #djbb7;a7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijef7;a772 and 7,d7 the term ,federally backed multifamily mortgage loan has the meaning given the term in section #djbc7;f7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijeg7;f774 7#b7 7,a7 ,only an eligible creditor may file a supplemental proof of claim for a ,,cares forbearance claim4 7,b7 ,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 #djbb or #djbc of the ,,cares ,act 7#ae ,u4,s4,c4 #ijef1 #ijeg7 in order to cure mortgage payments forborne under the forbearance1 the proof of claim filed under subparagraph 7,a7 shall include-- 7i7 the relevant terms of the modification or deferral2 7ii7 for a modification or deferral that is in writing1 a copy of the modification or deferral2 and 7iii7 a description of the payments to be deferred until the date on which the mortgage loan matures4 4 7#b7 ,allowance of claims or interests ,section #ejb7;b77#i7 of title #aa1 ,united ,states ,code1 is amended to read as follows3 7#i7 proof of such claim is not timely filed1 except to the extent tardily filed as permitted under paragraph 7#a71 7#b71 or 7#c7 of section #gbf7;a7 or under the ,federal ,rules of ,bankruptcy ,procedure1 except that-- 7,a7 a claim of a governmental unit shall be timely filed if it is filed before #ahj days after the date of the order for relief or such later time as the ,federal ,rules of ,bankruptcy ,procedure may provide2 7,b7 in a case under chapter #ac1 a claim of a governmental unit for a tax with respect to a return filed under section #acjh shall be timely if the claim is filed on or before the date that is #fj days after the date on which such return was filed as required2 and 7,c7 a ,,cares forbearance claim 7as defined in section #eja7;f77#a77 shall be timely filed if the claim is filed before the date that is #abj days after the expiration of the forbearance period of a loan granted forbearance under section #djbb or #djbc of the ,,cares ,act 7#ae ,u4,s4,c4 #ijef1 #ijeg74 4 7#c7 ,sunset ,effective on the date that is #a year after the date of enactment of this ,act-- 7,a7 section #eja of title #aa1 ,united ,states ,code1 is amended by striking subsection 7f72 and 7,b7 section #ejb7;b77#i7 of title #aa1 ,united ,states ,code1 is amended-- 7i7 in subparagraph 7,a71 by adding and at the end2 7ii7 in subparagraph 7,b71 by striking 2 and and inserting a period2 and 7iii7 by striking subparagraph 7,c74 7e7 ,modification of plan after confirmation 7#a7 ,in general ,section #acbi of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 7#a7 ,a debtor of a case for which a creditor files a proof of claim under section #eja7;f7 may file a request for a modification of the plan to provide for the proof of claim4 7#b7 ,if the debtor does not file a request for a modification of the plan under paragraph 7#a7 on or before the date that is #cj days after the date on which a creditor files a claim under section #eja7;f71 after notice1 the court1 on a motion of the court or on a motion of the ,united ,states trustee1 the trustee1 a bankruptcy administrator1 or any party in interest1 may request a modification of the plan to provide for the proof of claim4 4 7#b7 ,sunset ,effective on the date that is #a year after the date of enactment of this ,act1 section #acbi of title #aa1 ,united ,states ,code1 is amended by striking subsection 7e74 7f7 ,executory contracts and unexpired leases 7#a7 ,in general ,section #cfe7;d7 of title #aa1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#c7-- 7i7 by inserting 7,a7 after 7#c72 7ii7 by inserting 1 except as provided in subparagraph 7,b7 after such #fj-;day period2 and 7iii7 by adding at the end the following3 7,b7 ,in a case under subchapter ,v of chapter #aa1 the time for performance of an obligation described in subparagraph 7,a7 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 due1 directly or indirectly1 to the coronavirus disease #bjai 7,,covid-#ai7 pandemic until the earlier of-- 7i7 the date that is #fj days after the date of the order for relief1 which may be extended by the court for an additional period of #fj days if the court determines that the debtor is continuing to experience a material financial hardship due1 directly or indirectly1 to the coronavirus disease #bjai 7,,covid-#ai7 pandemic2 or 7ii7 the date on which the lease is assumed or rejected under this section4 7,c7 ,an obligation described in subparagraph 7,a7 for which an extension is granted under subparagraph 7,b7 shall be treated as an administrative expense described in section #ejg7;a77#b7 for the purpose of section #aaia7;e74 2 and 7,b7 in paragraph 7#d71 by striking #abj each place it appears and inserting #baj4 7#b7 ,sunset 7,a7 ,in general ,effective on the date that is #b years after the date of enactment of this ,act1 section #cfe7;d7 of title #aa1 ,united ,states ,code1 is amended-- 7i7 in paragraph 7#c7-- 7,i7 by striking 7,a7 after 7#c72 7,,ii7 by striking 1 except as provided in subparagraph 7,b7 after such #fj-;day period2 and 7,,iii7 by striking subparagraphs 7,b7 and 7,c72 and 7ii7 in paragraph 7#d71 by striking #baj each place it appears and inserting #abj4 7,b7 ,subchapter ,v cases filed before sunset ,notwithstanding the amendments made by subparagraph 7,a71 the amendments made by paragraph 7#a7 shall apply in any case commenced under subchapter ,v of chapter #aa of title #aa1 ,united ,states ,code1 before the date that is #b years after the date of enactment of this ,act4 7g7 ,preferences 7#a7 ,in general ,section #edg of title #aa1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking and 7i7 and inserting 1 7i71 and 7j72 and 7,b7 by adding at the end the following3 7j7 7#a7 ,in this subsection3 7,a7 ,the term covered payment of rental arrearages means a payment of arrearages that-- 7i7 is made in connection with an agreement or arrangement-- 7,i7 between the debtor and a lessor to defer or postpone the payment of rent and other periodic charges under a lease of nonresidential real property2 and 7,,ii7 made or entered into on or after ,march #ac1 #bjbj2 7ii7 does not exceed the amount of rental and other periodic charges agreed to under the lease of nonresidential real property described in clause 7i77,i7 before ,march #ac1 #bjbj2 and 7iii7 does not include fees1 penalties1 or interest in an amount greater than the amount of fees1 penalties1 or interest-- 7,i7 scheduled to be paid under the lease of nonresidential real property described in clause 7i77,i72 or 7,,ii7 that the debtor would owe if the debtor had made every payment due under the lease of nonresidential real property described in clause 7i77,i7 on time and in full before ,march #ac1 #bjbj4 7,b7 ,the term covered payment of supplier arrearages means a payment of arrearages that-- 7i7 is made in connection with an agreement or arrangement-- 7,i7 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 services2 and 7,,ii7 made or entered into on or after ,march #ac1 #bjbj2 7ii7 does not exceed the amount due under the executory contract described in clause 7i77,i7 before ,march #ac1 #bjbj2 and 7iii7 does not include fees1 penalties1 or interest in an amount greater than the amount of fees1 penalties1 or interest-- 7,i7 scheduled to be paid under the executory contract described in clause 7i77,i72 or 7,,ii7 that the debtor would owe if the debtor had made every payment due under the executory contract described in clause 7i77,i7 on time and in full before ,march #ac1 #bjbj4 7#b7 ,the trustee may not avoid a transfer under this section for-- 7,a7 a covered payment of rental arrearages2 or 7,b7 a covered payment of supplier arrearages4 4 7#b7 ,sunset 7,a7 ,in general ,effective on the date that is #b years after the date of enactment of this ,act1 section #edg of title #aa1 ,united ,states ,code1 is amended-- 7i7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking 1 7i71 and 7j7 and inserting and 7i72 and 7ii7 by striking subsection 7j74 7,b7 ,cases filed before sunset ,notwithstanding the amendments made by subparagraph 7,a71 the amendments made by paragraph 7#a7 shall apply in any case commenced under title #aa1 ,united ,states ,code1 before the date that is #b years after the date of enactment of this ,act4 7h7 ,termination of utility services 7#a7 ,in general ,section #cff of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,notwithstanding any other provision of this section1 a utility may not alter1 refuse1 or discontinue service to a debtor who does not furnish adequate assurance of payment under this section if the debtor-- 7#a7 is an individual2 7#b7 makes a payment to the utility for any debt owed to the utility for service provided during the #bj-;day period beginning on the date of the order for relief2 and 7#c7 after the date on which the #bj-;day period beginning on the date of the order for relief ends1 makes a payment to the utility for services provided during the pendency of case when such a payment becomes due4 4 7#b7 ,sunset ,effective on the date that is #a year after the date of enactment of this ,act1 section #cff of title #aa1 ,united ,states ,code1 is amended by striking subsection 7d74 7i7 ,customs duties 7#a7 ,in general ,section #ejg7;d7 of title #aa1 ,united ,states ,code1 is amended-- 7,a7 by striking 1 7a77#h72 7,b7 by inserting or subparagraphs 7,a7 through 7,e7 and 7,g7 of subsection 7a77#h7 after 7a77#i72 and 7,c7 inserting or subparagraph after such subsection4 7#b7 ,sunset ,effective on the date that is #a year after the date of enactment of this ,act1 section #ejg7;d7 of title #aa1 ,united ,states ,code1 is amended-- 7,a7 by inserting 1 7a77#h7 before 1 or 7a77#i72 7,b7 by striking or subparagraphs 7,a7 through 7,e7 and 7,g7 of subsection 7a77#h72 and 7,c7 by striking or subparagraph after such subsection4 ,,xi ,western ,water and ,indian ,affairs #aaja4 ,aging infrastructure account ,section #ifjc of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #eaj;b7 is amended by adding at the end the following3 7d7 ,aging infrastructure account 7#a7 ,establishment ,there is established in the general fund of the ,treasury a special account1 to be known as the ,aging ,infrastructure ,account 7referred to in this subsection as the ,account71 to provide funds to1 and provide for the extended repayment of the funds by1 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 facility1 which shall consist of-- 7,a7 any amounts that are specifically appropriated to the ,account under section #ifje2 and 7,b7 any amounts deposited in the ,account under paragraph 7#c77;,b74 7#b7 ,expenditures ,subject to paragraphs 7#c7 and 7#f71 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 7#e77;,b74 7#c7 ,repayment contract 7,a7 ,in general ,the ,secretary may not expend amounts under paragraph 7#b7 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 7b77#b74 7,b7 ,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 expenditure1 subject to paragraph 7#f71 in accordance with this subsection1 and without further appropriation4 7#d7 ,application for funding 7,a7 ,in general ,beginning with fiscal year #bjbb1 not less than once per fiscal year1 the ,secretary shall accept1 during an application period established by the ,secretary1 applications from transferred works operating entities or project beneficiaries responsible for payment of reimbursable costs for funds and extended repayment for eligible projects4 7,b7 ,eligible project ,a project eligible for funding and extended repayment under this subsection is a project that-- 7i7 qualifies as an extraordinary operation and maintenance work under this section2 7ii7 is for the major1 non-recurring maintenance of a mission-critical asset2 and 7iii7 is not eligible to be carried out or funded under the repayment provisions of section #d7;c7 of the ,reclamation ,safety of ,dams ,act of #aigh 7#dc ,u4,s4,c4 #ejh7;c774 7,c7 ,guidelines for applications ,not later than #fj days after the date of enactment of this subsection1 the ,secretary shall issue guidelines describing the information required to be provided in an application for funds and extended repayment under this subsection that require1 at a minimum-- 7i7 a description of the project for which the funds are requested2 7ii7 the amount of funds requested2 7iii7 the repayment period requested by the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs2 7iv7 alternative non-,federal funding options that have been evaluated2 7v7 the financial justification for requesting an extended repayment period2 and 7vi7 the financial records of the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs4 7,d7 ,review by the secretary ,the ,secretary shall review each application submitted under subparagraph 7,a7-- 7i7 to determine whether the project is eligible for funds and an extended repayment period under this subsection2 7ii7 to determine if the project has been identified by the ,bureau of ,reclamation as part of the major rehabilitation and replacement of a project facility2 and 7iii7 to conduct a financial analysis of-- 7,i7 the project2 and 7,,ii7 repayment capability of the transferred works operating entity or project beneficiary responsible for repayment of reimbursable costs4 7#e7 ,report ,not later than #ij days after the date on which an application period closes under paragraph 7#d77;,a71 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-- 7,a7 describes the results of the ,secretary's review of each application under paragraph 7#d77;,d71 including a determination of whether the project is eligible2 7,b7 identifies each project eligible for funds and extended repayment under this subsection2 7,c7 with respect to each eligible project identified under subparagraph 7,b71 includes-- 7i7 a description of-- 7,i7 the eligible project2 7,,ii7 the anticipated cost and duration of the eligible project2 7,,iii7 any remaining engineering or environmental compliance that is required before the eligible project commences2 7,,iv7 any recommendations the ,secretary may have concerning the plan or design of the project2 and 7,v7 any conditions the ,secretary may require for construction of the project2 7ii7 an analysis of-- 7,i7 the repayment period proposed in the application2 and 7,,ii7 if the ,secretary recommends a minimum necessary repayment period that is different than the repayment period proposed in the application1 the minimum necessary repayment period recommended by the ,secretary2 and 7iii7 an analysis of alternative non-,federal funding options2 7,d7 describes the allocation of funds from deposits into the ,account under paragraph 7#c77;,b72 and 7,e7 describes the balance of funds in the ,account as of the date of the report4 7#f7 ,alternative allocation 7,a7 ,in general ,appropriations ,acts may provide for alternate allocation of amounts reported pursuant to paragraph 7#e77;,d7 that are made available under this subsection4 7,b7 ,allocation by secretary 7i7 ,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 law1 amounts made available under paragraph 7#a7 shall be allocated by the ,secretary4 7ii7 ,insufficient alternate allocations ,if ,congress enacts legislation establishing alternate allocations for amounts made available under paragraph 7#a7 that are less than the full amount appropriated under that paragraph1 the difference between the amount appropriated and the alternate allocation shall be allocated by the ,secretary4 7#g7 ,effect of subsection ,nothing in this subsection affects-- 7,a7 any funding provided1 or contracts entered into1 under subsection 7a7 before the date of enactment of this subsection2 or 7,b7 the use of funds otherwise made available to the ,secretary to carry out subsection 7a74 4 #aajb4 ,navajo-,utah water rights settlement 7a7 ,purposes ,the purposes of this section are-- 7#a7 to achieve a fair1 equitable1 and final settlement of all claims to water rights in the ,state of ,utah for-- 7,a7 the ,navajo ,nation2 and 7,b7 the ,united ,states1 for the benefit of the ,nation2 7#b7 to authorize1 ratify1 and confirm the agreement entered into by the ,nation and the ,state1 to the extent that the agreement is consistent with this section2 7#c7 to authorize and direct the ,secretary-- 7,a7 to execute the agreement2 and 7,b7 to take any actions necessary to carry out the agreement in accordance with this section2 and 7#d7 to authorize funds necessary for the implementation of the agreement and this section4 7b7 ,definitions ,in this section3 7#a7 ,agreement ,the term agreement means-- 7,a7 the document entitled ,navajo ,utah ,water ,rights ,settlement ,agreement dated ,december #ad1 #bjae1 and the exhibits attached thereto2 and 7,b7 any amendment or exhibit to the document or exhibits referenced in subparagraph 7,a7 to make the document or exhibits consistent with this section4 7#b7 ,allotment ,the term allotment means a parcel of land-- 7,a7 granted out of the public domain that is-- 7i7 located within the exterior boundaries of the ,reservation2 or 7ii7 ,bureau of ,indian ,affairs parcel number #gib #fcdeaa in ,san ,juan ,county1 ,utah1 consisting of #afj acres located in ,township #da,s1 ,range #bj;,e1 sections #aa1 #ab1 and #ad1 originally set aside by the ,united ,states for the benefit of an individual identified in the allotting document as a ,navajo ,indian2 and 7,b7 held in trust by the ,united ,states-- 7i7 for the benefit of an individual1 individuals1 or an ,indian ,tribe other than the ,navajo ,nation2 or 7ii7 in part for the benefit of the ,navajo ,nation as of the enforceability date4 7#c7 ,allottee ,the term allottee means an individual or ,indian ,tribe with a beneficial interest in an allotment held in trust by the ,united ,states4 7#d7 ,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 7g77#a74 7#e7 ,general stream adjudication ,the term general stream adjudication means the adjudication pending1 as of the date of enactment of this ,act1 in the ,seventh ,judicial ,district in and for ,grand ,county1 ,state of ,utah1 commonly known as the ,southeastern ,colorado ,river ,general ,adjudication1 ,civil ,no4 #hajgjddgg1 conducted pursuant to ,state law4 7#f7 ,injury to water rights ,the term injury to water rights means an interference with1 diminution of1 or deprivation of water rights under ,federal or ,state law1 excluding injuries to water quality4 7#g7 ,member ,the term member means any person who is a duly enrolled member of the ,navajo ,nation4 7#h7 ,navajo nation or nation ,the term ,navajo ,nation or ,nation means a body politic and federally recognized ,indian nation1 as published on the list established under section #ajd7;a7 of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca7;a771 also known variously as the ,navajo ,nation1 the ,navajo ,nation of ,arizona1 ,new ,mexico1 ,utah1 and the ,navajo ,nation of ,indians and other similar names1 and includes all bands of ,navajo ,indians and chapters of the ,navajo ,nation and all divisions1 agencies1 officers1 and agents thereof4 7#i7 ,navajo water development projects ,the term ,navajo water development projects means projects for domestic municipal water supply1 including distribution infrastructure1 and agricultural water conservation1 to be constructed1 in whole or in part1 using monies from the ,navajo ,water ,development ,projects ,account4 7#aj7 ,navajo water rights ,the term ,navajo water rights means the ,nation's water rights in ,utah described in the agreement and this section4 7#aa7 ,,om,r ,the term ,,om,r means operation1 maintenance1 and replacement4 7#ab7 ,parties ,the term parties means the ,navajo ,nation1 the ,state1 and the ,united ,states4 7#ac7 ,reservation ,the term ,reservation means1 for purposes of the agreement and this section1 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 ,a1 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 date4 7#ad7 ,secretary ,the term ,secretary means the ,secretary of the ,interior or a duly authorized representative thereof4 7#ae7 ,state ,the term ,state means the ,state of ,utah and all officers1 agents1 departments1 and political subdivisions thereof4 7#af7 ,united states ,the term ,united ,states means the ,united ,states of ,america and all departments1 agencies1 bureaus1 officers1 and agents thereof4 7#ag7 ,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 allottees4 7c7 ,ratification of agreement 7#a7 ,approval by congress ,except to the extent that any provision of the agreement conflicts with this section1 ,congress approves1 ratifies1 and confirms the agreement 7including any amendments to the agreement that are executed to make the agreement consistent with this section74 7#b7 ,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 section1 including-- 7,a7 any exhibits to the agreement requiring the signature of the ,secretary2 and 7,b7 any amendments to the agreement necessary to make the agreement consistent with this section4 7#c7 ,environmental compliance 7,a7 ,in general ,in implementing the agreement and this section1 the ,secretary shall comply with all applicable provisions of-- 7i7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7ii7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7iii7 all other applicable environmental laws and regulations4 7,b7 ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq474 7d7 ,navajo water rights 7#a7 ,confirmation of navajo water rights 7,a7 ,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 #ha1ejj acre-feet annually as described in the agreement and as confirmed in the decree entered by the general stream adjudication court4 7,b7 ,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 agreement1 including recognition of-- 7i7 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 7f77#b72 7ii7 reasonable domestic and stock water uses put into use on an allotment2 and 7iii7 any allotment water rights that may be decreed in the general stream adjudication or other appropriate forum4 7,c7 ,satisfaction of on-reservation ,state law-based 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 agreement4 7,d7 ,in general ,the ,navajo water rights are ratified1 confirmed1 and declared to be valid4 7,e7 ,use ,any use of the ,navajo water rights shall be subject to the terms and conditions of the agreement and this section4 7,f7 ,conflict ,in the event of a conflict between the agreement and this section1 the provisions of this section shall control4 7#b7 ,trust status of ,navajo water rights ,the ,navajo water rights-- 7,a7 shall be held in trust by the ,united ,states for the use and benefit of the ,nation in accordance with the agreement and this section2 and 7,b7 shall not be subject to forfeiture or abandonment4 7#c7 ,authority of the nation 7,a7 ,in general ,the ,nation shall have the authority to allocate1 distribute1 and lease the ,navajo water rights for any use on the ,reservation in accordance with the agreement1 this section1 and applicable ,tribal and ,federal law4 7,b7 ,off-reservation use ,the ,nation may allocate1 distribute1 and lease the ,navajo water rights for off-,reservation use in accordance with the agreement1 subject to the approval of the ,secretary4 7,c7 ,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 allotment1 and shall administer any water use on the ,reservation in accordance with applicable ,federal law1 including recognition of-- 7i7 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 7f77#b72 7ii7 reasonable domestic and stock water uses on an allotment2 and 7iii7 any allotment water rights decreed in the general stream adjudication or other appropriate forum4 7#d7 ,effect ,except as otherwise expressly provided in this subsection1 nothing in this section-- 7,a7 authorizes any action by the ,nation against the ,united ,states under ,federal1 ,state1 ,tribal1 or local law2 or 7,b7 alters or affects the status of any action brought pursuant to section #adia7;a7 of title #bh1 ,united ,states ,code4 7e7 ,navajo trust accounts 7#a7 ,establishment ,the ,secretary shall establish a trust fund1 to be known as the ,navajo ,utah ,settlement ,trust ,fund 7referred to in this section as the ,trust ,fund71 to be managed1 invested1 and distributed by the ,secretary and to remain available until expended1 consisting of the amounts deposited in the ,trust ,fund under paragraph 7#c71 together with any interest earned on those amounts1 for the purpose of carrying out this section4 7#b7 ,accounts ,the ,secretary shall establish in the ,trust ,fund the following ,accounts 7referred to in this subsection as the ,trust ,fund ,accounts73 7,a7 ,the ,navajo ,water ,development ,projects ,account4 7,b7 ,the ,navajo ,,om,r ,account4 7#c7 ,deposits ,the ,secretary shall deposit in the ,trust ,fund ,accounts-- 7,a7 in the ,navajo ,water ,development ,projects ,account1 the amounts made available pursuant to subsection 7f77#a77;,a72 and 7,b7 in the ,navajo ,,om,r ,account1 the amount made available pursuant to subsection 7f77#a77;,b74 7#d7 ,management and interest 7,a7 ,management ,upon receipt and deposit of the funds into the ,trust ,fund ,accounts1 the ,secretary shall manage1 invest1 and distribute all amounts in the ,trust ,fund in a manner that is consistent with the investment authority of the ,secretary under-- 7i7 the first section of the ,act of ,june #bd1 #aich 7#be ,u4,s4,c4 #afb;a72 7ii7 the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq472 and 7iii7 this subsection4 7,b7 ,investment earnings ,in addition to the deposits under paragraph 7#c71 any investment earnings1 including interest1 credited to amounts held in the ,trust ,fund are authorized to be appropriated to be used in accordance with the uses described in paragraph 7#h74 7#e7 ,availability of amounts ,amounts appropriated to1 and deposited in1 the ,trust ,fund1 including any investment earnings1 shall be made available to the ,nation by the ,secretary beginning on the enforceability date and subject to the uses and restrictions set forth in this subsection4 7#f7 ,withdrawals 7,a7 ,withdrawals ,under the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid ,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 #aiid 7#be ,u4,s4,c4 #djja et seq474 7i7 ,requirements ,in addition to the requirements under the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq471 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 section4 7ii7 ,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 section4 7,b7 ,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 plan4 7i7 ,requirements ,to be eligible to withdraw funds under an expenditure plan under this subparagraph1 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 subparagraph1 subject to the condition that the funds shall be used for the purposes described in this section4 7ii7 ,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 ,nation1 in accordance with paragraphs 7#c7 and 7#h74 7iii7 ,approval ,on receipt of an expenditure plan under this subparagraph1 the ,secretary shall approve the plan1 if the ,secretary determines that the plan-- 7,i7 is reasonable2 7,,ii7 is consistent with1 and will be used for1 the purposes of this section2 and 7,,iii7 contains a schedule which describes that tasks will be completed within #ah months of receipt of withdrawn amounts4 7iv7 ,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 section4 7#g7 ,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 #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7#h7 ,uses ,amounts from the ,trust ,fund shall be used by the ,nation for the following purposes3 7,a7 ,the ,navajo ,water ,development ,projects ,account shall be used to plan1 design1 and construct the ,navajo water development projects and for the conduct of related activities1 including to comply with ,federal environmental laws4 7,b7 ,the ,navajo ,,om,r ,account shall be used for the operation1 maintenance1 and replacement of the ,navajo water development projects4 7#i7 ,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 7#f74 7#aj7 ,no per capita distributions ,no portion of the ,trust ,fund shall be distributed on a per capita basis to any member of the ,nation4 7#aa7 ,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 section4 7f7 ,authorization of appropriations 7#a7 ,authorization ,there are authorized to be appropriated to the ,secretary-- 7,a7 for deposit in the ,navajo ,water ,development ,projects ,account of the ,trust ,fund established under subsection 7e77#b77;,a71 #aih1cjj1jjj1 which funds shall be retained until expended1 withdrawn1 or reverted to the general fund of the ,treasury2 and 7,b7 for deposit in the ,navajo ,,om,r ,account of the ,trust ,fund established under subsection 7e77#b77;,b71 #aa1ajj1jjj1 which funds shall be retained until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7#b7 ,implementation costs ,there is authorized to be appropriated non-trust funds in the amount of #a1jjj1jjj to assist the ,united ,states with costs associated with the implementation of this section1 including the preparation of a hydrographic survey of historic and existing water uses on the ,reservation and on allotments4 7#c7 ,state cost share ,the ,state shall contribute #h1jjj1jjj payable to the ,secretary for deposit into the ,navajo ,water ,development ,projects ,account of the ,trust ,fund established under subsection 7e77#b77;,a7 in installments in each of the #c years following the execution of the agreement by the ,secretary as provided for in subsection 7c77#b74 7#d7 ,fluctuation in costs ,the amount authorized to be appropriated under paragraph 7#a7 shall be increased or decreased1 as appropriate1 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 ,cost ,index--,composite ,trend4 7,a7 ,repetition ,the adjustment process under this paragraph shall be repeated for each subsequent amount appropriated until the amount authorized1 as adjusted1 has been appropriated4 7,b7 ,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 ,fund4 7g7 ,conditions precedent 7#a7 ,in general ,the waivers and releases contained in subsection 7h7 shall become effective as of the date the ,secretary causes to be published in the ,federal ,register a statement of findings that-- 7,a7 to the extent that the agreement conflicts with this section1 the agreement has been revised to conform with this section2 7,b7 the agreement1 so revised1 including waivers and releases of claims set forth in subsection 7h71 has been executed by the parties1 including the ,united ,states2 7,c7 ,congress has fully appropriated1 or the ,secretary has provided from other authorized sources1 all funds authorized under subsection 7f77#a72 7,d7 the ,state has enacted any necessary legislation and provided the funding required under the agreement and subsection 7f77#c72 and 7,e7 the court has entered a final or interlocutory decree that-- 7i7 confirms the ,navajo water rights consistent with the agreement and this section2 and 7ii7 with respect to the ,navajo water rights1 is final and nonappealable4 7#b7 ,expiration date ,if all the conditions precedent described in paragraph 7#a7 have not been fulfilled to allow the ,secretary's statement of findings to be published in the ,federal ,register by ,october #ca1 #bjcj-- 7,a7 the agreement and this section1 including waivers and releases of claims described in those documents1 shall no longer be effective2 7,b7 any funds that have been appropriated pursuant to subsection 7f7 but not expended1 including any investment earnings on funds that have been appropriated pursuant to such subsection1 shall immediately revert to the general fund of the ,treasury2 and 7,c7 any funds contributed by the ,state pursuant to subsection 7f77#c7 but not expended shall be returned immediately to the ,state4 7#c7 ,extension ,the expiration date set forth in paragraph 7#b7 may be extended if the ,navajo ,nation1 the ,state1 and the ,united ,states 7acting through the ,secretary7 agree that an extension is reasonably necessary4 7h7 ,waivers and releases 7#a7 ,in ,general 7,a7 ,waiver and release of claims by the nation and the united states acting in its capacity as trustee for the nation ,subject to the retention of rights set forth in paragraph 7#c71 in return for confirmation of the ,navajo water rights and other benefits set forth in the agreement and this section1 the ,nation1 on behalf of itself and the members of the ,nation 7other than members in their capacity as allottees71 and the ,united ,states1 acting as trustee for the ,nation and members of the ,nation 7other than members in their capacity as allottees71 are authorized and directed to execute a waiver and release of-- 7i7 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 ,nation1 asserted1 or could have asserted1 at any time in any proceeding1 including to the general stream adjudication1 up to and including the enforceability date1 except to the extent that such rights are recognized in the agreement and this section2 and 7ii7 all claims for damages1 losses1 or injuries to water rights or claims of interference with1 diversion1 or taking of water rights 7including claims for injury to lands resulting from such damages1 losses1 injuries1 interference with1 diversion1 or taking of water rights7 within ,utah against the ,state1 or any person1 entity1 corporation1 or municipality1 that accrued at any time up to and including the enforceability date4 7#b7 ,claims by the navajo nation against the united states ,the ,navajo ,nation1 on behalf of itself 7including in its capacity as allottee7 and its members 7other than members in their capacity as allottees71 shall execute a waiver and release of-- 7,a7 all claims the ,navajo ,nation may have against the ,united ,states relating in any manner to claims for water rights in1 or water of1 ,utah that the ,united ,states acting in its trust capacity for the ,nation asserted1 or could have asserted1 in any proceeding1 including the general stream adjudication2 7,b7 all claims the ,navajo ,nation may have against the ,united ,states relating in any manner to damages1 losses1 or injuries to water1 water rights1 land1 or other resources due to loss of water or water rights 7including damages1 losses1 or injuries to hunting1 fishing1 gathering1 or cultural rights due to loss of water or water rights2 claims relating to interference with1 diversion1 or taking of water2 or claims relating to failure to protect1 acquire1 replace1 or develop water or water rights7 within ,utah that first accrued at any time up to and including the enforceability date2 7,c7 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 ,utah2 and 7,d7 all claims the ,nation may have against the ,united ,states relating in any manner to the negotiation1 execution1 or adoption of the agreement or this section4 7#c7 ,reservation of rights and retention of claims by the navajo nation and the united states ,notwithstanding the waivers and releases authorized in this section1 the ,navajo ,nation1 and the ,united ,states acting in its trust capacity for the ,nation1 retain-- 7,a7 all claims for injuries to and the enforcement of the agreement and the final or interlocutory decree entered in the general stream adjudication1 through such legal and equitable remedies as may be available in the decree court or the ,federal ,district ,court for the ,district of ,utah2 7,b7 all rights to use and protect water rights acquired after the enforceability date2 7,c7 all claims relating to activities affecting the quality of water1 including any claims under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 7including claims for damages to natural resources71 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq471 and the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 the regulations implementing those ,acts1 and the common law2 7,d7 all claims for water rights1 and claims for injury to water rights1 in ,states other than the ,state of ,utah2 7,e7 all claims1 including environmental claims1 under any laws 7including regulations and common law7 relating to human health1 safety1 or the environment2 and 7,f7 all rights1 remedies1 privileges1 immunities1 and powers not specifically waived and released pursuant to the agreement and this section4 7#d7 ,effect ,nothing in the agreement or this section-- 7,a7 affects the ability of the ,united ,states acting in its sovereign capacity to take actions authorized by law1 including any laws relating to health1 safety1 or the environment1 including the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq471 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq471 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq471 and the regulations implementing those laws2 7,b7 affects the ability of the ,united ,states to take actions in its capacity as trustee for any other ,indian ,tribe or allottee2 7,c7 confers jurisdiction on any ,state court to-- 7i7 interpret ,federal law regarding health1 safety1 or the environment or determine the duties of the ,united ,states or other parties pursuant to such ,federal law2 and 7ii7 conduct judicial review of ,federal agency action2 or 7,d7 modifies1 conflicts with1 preempts1 or otherwise affects-- 7i7 the ,boulder ,canyon ,project ,act 7#dc ,u4,s4,c4 #fag et seq472 7ii7 the ,boulder ,canyon ,project ,adjustment ,act 7#dc ,u4,s4,c4 #fah et seq472 7iii7 the ,act of ,april #aa1 #aief 7commonly known as the ,colorado ,river ,storage ,project ,act7 7#dc ,u4,s4,c4 #fbj et seq472 7iv7 the ,colorado ,river ,basin ,project ,act 7#dc ,u4,s4,c4 #aeja et seq472 7v7 the ,treaty between the ,united ,states of ,america and ,mexico respecting utilization of waters of the ,colorado and ,tijuana ,rivers and of the ,rio ,grande1 signed at ,washington ,february #c1 #aidd 7#ei ,stat4 #abai72 7vi7 the ,colorado ,river ,compact of #aibb1 as approved by the ,presidential ,proclamation of ,june #be1 #aibi 7#df ,stat4 #cjjj72 and 7vii7 the ,upper ,colorado ,river ,basin ,compact as consented to by the ,act of ,april #f1 #aidi 7#fc ,stat4 #ca1 chapter #dh74 7#e7 ,tolling of claims 7,a7 ,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 date4 7,b7 ,effect of paragraph ,nothing in this paragraph revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this ,act4 7,c7 ,limitation ,nothing in this subsection precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law4 7i7 ,miscellaneous provisions 7#a7 ,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 proceeding4 7#b7 ,other indian tribes ,nothing in the agreement or this section shall be construed in any way to quantify or otherwise adversely affect the water rights1 claims1 or entitlements to water of any ,indian ,tribe1 band1 or community1 other than the ,navajo ,nation4 7j7 ,relation to allottees 7#a7 ,no effect on claims of allottees ,nothing in this section or the agreement shall affect the rights or claims of allottees1 or the ,united ,states1 acting in its capacity as trustee for or on behalf of allottees1 for water rights or damages related to lands allotted by the ,united ,states to allottees1 except as provided in subsection 7d77#a77;,b74 7#b7 ,relationship of decree to allottees ,allottees1 or the ,united ,states1 acting in its capacity as trustee for allottees1 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 adjudication4 ,allottees1 or the ,united ,states1 acting in its capacity as trustee for allottees1 may make claims and such claims may be adjudicated as individual water rights in the general stream adjudication4 7k7 ,antideficiency ,the ,united ,states shall not be liable for any failure to carry out any obligation or activity authorized by this section 7including any obligation or activity under the agreement7 if adequate appropriations are not provided expressly by ,congress to carry out the purposes of this section4 #aajc4 ,aamodt ,litigation ,settlement ,completion 7a7 ,definition of #faa7;g7 ,agreement ,section #fjb of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cacd7 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#bc7 as paragraphs 7#b7 through 7#bd71 respectively2 and 7#b7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 #faa7;g7 ,agreement ,the term #faa7;g7 ,agreement means the agreement dated ,september #ag1 #bjai1 executed by the ,united ,states1 the ,state1 the ,pueblos1 the ,county1 and the ,city pursuant to section #faa7;g74 4 7b7 ,final project design ,section #faa7;b7 of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cacg7 is amended1 in the matter preceding paragraph 7#a71 by striking within #ij days of and inserting as soon as feasible after4 7c7 ,construction ,costs for ,pueblo ,water ,facilities ,section #faa7;f7 of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cach7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking #ajf1djj1jjj and inserting #bdc1djj1jjj2 and 7,b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,exception ,of the amount described in subparagraph 7,a7-- 7i7 the initial #ajf1djj1jjj shall be increased or decreased1 as appropriate1 based on ordinary fluctuations in construction costs since ,october #a1 #bjjf1 as determined using applicable engineering cost indices2 and 7ii7 any amounts made available in excess of the amount described in clause 7i7 shall be increased or decreased1 as appropriate1 based on ordinary fluctuations in construction costs since ,october #a1 #bjah1 as determined using applicable engineering cost indices4 2 and 7#b7 in paragraph 7#c71 by inserting and the #faa7;g7 ,agreement after the ,cost-,sharing and ,system ,integration ,agreement4 7d7 ,funding for ,regional ,water ,system ,section #fag7;a77#a77;,b7 of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cadg7 is amended-- 7#a7 by striking the period at the end and inserting 2 and2 7#b7 by striking section #faf #ej1jjj1jjj and inserting the following3 section #faf-- 7i7 #ej1jjj1jjj 2 and 7#c7 by adding at the end the following3 7ii7 subject to the availability of appropriations and in addition to the amounts made available under clause 7i71 #acg1jjj1jjj1 as adjusted under paragraph 7#d71 for the period of fiscal years #bjba through #bjbh4 4 7e7 ,adjustment ,section #fag7;a77#d7 of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cadg7 is amended by striking since ,october #a1 #bjjf1 as determined using applicable engineering cost indices and inserting pursuant to section #faa7;f77#a77;,b74 7f7 ,execution of agreement under section #faa7;g7 ,section #fba of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cadi7 is amended by striking subsections 7a7 and 7b7 and inserting the following3 7a7 ,approval ,to the extent the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 and the #faa7;g7 ,agreement do not conflict with this title1 the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 and the #faa7;g7 ,agreement 7including any amendments to the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 and the #faa7;g7 ,agreement that are executed to make the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 or the #faa7;g7 ,agreement consistent with this title7 are authorized1 ratified1 and confirmed4 7b7 ,execution ,to the extent the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 and the #faa7;g7 ,agreement do not conflict with this title1 the ,secretary shall execute the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 and the #faa7;g7 ,agreement 7including any amendments that are necessary to make the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 or the #faa7;g7 ,agreement consistent with this title74 4 7g7 ,requirements for determination of substantial completion of the regional water system ,section #fbc7;e7 of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #caea7 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,criteria for substantial completion of regional water system ,subject to the provisions of section #faa7;d7 concerning the extent1 size1 and capacity of the ,county ,distribution ,system1 the ,regional ,water ,system shall be determined to be substantially completed if-- 7,a7 the infrastructure has been constructed capable of-- 7i7 diverting1 treating1 transmitting1 and distributing a supply of #b1ejj acre-feet of water to the ,pueblos consistent with the ,engineering ,report 7as amended by the #faa7;g7 ,agreement and the ,operating ,agreement72 and 7ii7 diverting1 treating1 and transmitting the quantity of water specified in the ,engineering ,report to the ,county ,distribution ,system and consistent with the ,engineering ,report 7as amended by the #faa7;g7 ,agreement and the ,operating ,agreement72 or 7,b7 the ,secretary-- 7i7 issues a notice to proceed authorizing the commencement of ,phase ,i construction of the ,regional ,water ,system by ,december #ca1 #bjai1 and subsequently commences construction of the ,regional ,water ,system2 7ii7 diligently proceeds to construct the ,regional ,water ,system in accordance with the ,engineering ,report 7as amended by the #faa7;g7 ,agreement71 on a schedule for completion by ,june #cj1 #bjbh2 7iii7 expends all of the available funding provided to construct the ,regional ,water ,system under section #faa7;f77#a77;,a71 in the ,cost-,sharing and ,system ,integration ,agreement1 and in the #faa7;g7 ,agreement2 7iv7 complies with the terms of the #faa7;g7 ,agreement2 and 7v7 despite diligent efforts cannot complete construction of the ,regional ,water ,system as described in the final ,engineering ,report 7as amended by the #faa7;g7 ,agreement71 due solely to the lack of additional authorized funding4 2 7#b7 in paragraph 7#b7-- 7,a7 by striking #bjba and inserting #bjbe2 and 7,b7 by striking #bjbd and inserting #bjbh2 7#c7 in paragraph 7#c71 in the matter preceding subparagraph 7,a71 by striking #bjba and inserting #bjbe2 7#d7 in paragraph 7#d77;,b77ii77,,ii71 by striking #bjbc and inserting #bjbg2 and 7#e7 in paragraph 7#e77;,a71 by striking #bjbd and inserting #bjbh4 #aajd4 ,kickapoo ,tribe 7a7 ,definition of upper delaware and tributaries watershed plan ,in this section1 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 ,atchison1 ,brown1 ,jackson1 and ,nemaha ,counties1 ,kansas1 dated ,january #aiid1 and supplemented in ,june #aiid-- 7#a7 developed1 pursuant to the ,watershed ,protection and ,flood ,prevention ,act 7#af ,u4,s4,c4 #ajja et seq47-- 7,a7 by the ,kickapoo ,tribe1 certain watershed and conservation districts in the ,state of ,kansas1 and the ,department of ,wildlife and ,parks of the ,state of ,kansas2 and 7,b7 with the cooperation and technical assistance of the ,natural ,resources ,conservation ,service2 and 7#b7 described in the report of the ,committee on ,environment and ,public ,works of the ,senate 7,senate ,report #aje-ac2 ,april #bb1 #aiig74 7b7 ,study2 recommendations ,to support the purposes of achieving a fair1 equitable1 and final settlement of claims to water rights for the ,kickapoo ,tribe in the ,state of ,kansas1 the ,secretary of ,agriculture 7acting through the ,chief of the ,natural ,resources ,conservation ,service71 in consultation with the ,secretary of the ,interior 7acting through the ,director of the ,secretary's ,indian ,water ,rights ,office71 shall-- 7#a7 commence a study of the multipurpose dam described in the ,upper ,delaware and ,tributaries ,watershed ,plan2 and 7#b7 not later than #b years after the date of enactment of this ,act1 make recommendations to ,congress with respect to the material alterations or changes to the ,upper ,delaware and ,tributaries ,watershed ,plan that are necessary to effectuate1 in part1 the ,tribal water rights agreed to by the ,kickapoo ,tribe and the ,state of ,kansas on ,september #i1 #bjaf1 in the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement1 which otherwise remains subject to approval and authorization by ,congress4 #aaje4 ,aquifer ,recharge ,flexibility 7a7 ,short title ,this section may be cited as the ,aquifer ,recharge ,flexibility ,act4 7b7 ,definitions ,in this ,act3 7#a7 ,bureau ,the term ,bureau means the ,bureau of ,reclamation4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of ,reclamation4 7#c7 ,eligible land ,the term eligible land1 with respect to a ,reclamation project1 means land that-- 7,a7 is authorized to receive water under ,state law2 and 7,b7 shares an aquifer with land located in the service area of the ,reclamation project4 7#d7 ,net water storage benefit ,the term net water storage benefit means an increase in the volume of water that is-- 7,a7 stored in #a or more aquifers2 and 7,b7 7i7 available for use within the authorized service area of a ,reclamation project2 or 7ii7 stored on a long-term basis to avoid or reduce groundwater overdraft4 7#e7 ,reclamation facility ,the term ,reclamation facility means each of the infrastructure assets that are owned by the ,bureau at a ,reclamation project4 7#f7 ,reclamation project ,the term ,reclamation project means any reclamation or irrigation project1 including incidental features thereof1 authorized by ,federal reclamation law or the ,act of ,august #aa1 #aici 7commonly known as the ,water ,conservation and ,utilization ,act7 7#ec ,stat4 #adah1 chapter #gag2 #af ,u4,s4,c4 #eijy et seq471 or constructed by the ,united ,states pursuant to such law1 or in connection with which there is a repayment or water service contract executed by the ,united ,states pursuant to such law1 or any project constructed by the ,secretary through the ,bureau for the reclamation of land4 7c7 ,flexibility to allow greater aquifer recharge in ,western ,states 7#a7 ,use of reclamation facilities 7,a7 ,in general ,the ,commissioner may allow the use of excess capacity in ,reclamation facilities for aquifer recharge of non-,reclamation project water1 subject to applicable rates1 charges1 and public participation requirements1 on the condition that-- 7i7 the use-- 7,i7 shall not be implemented in a manner that is detrimental to-- 7aa7 any power service or water contract for the ,reclamation project2 or 7bb7 any obligations for fish1 wildlife1 or water quality protection applicable to the ,reclamation project2 7,,ii7 shall be consistent with water quality guidelines for the ,reclamation project2 7,,iii7 shall comply with all applicable-- 7aa7 ,federal laws2 and 7bb7 policies of the ,bureau2 and 7,,iv7 shall comply with all applicable ,state laws and policies2 and 7ii7 the non-,federal party to an existing contract for water or water capacity in a ,reclamation facility consents to the use of the ,reclamation facility under this subsection4 7,b7 ,effect on existing contracts ,nothing in this subsection affects a contract-- 7i7 in effect on the date of enactment of this ,act2 and 7ii7 under which the use of excess capacity in a ,bureau conveyance facility for carriage of non-,reclamation project water for aquifer recharge is allowed4 7#b7 ,aquifer recharge on eligible land 7,a7 ,in general ,subject to subparagraphs 7,c7 and 7,d71 the ,secretary may contract with a holder of a water service or repayment contract for a ,reclamation project to allow the contractor1 in accordance with applicable ,state laws and policies-- 7i7 to directly use water available under the contract for aquifer recharge on eligible land2 or 7ii7 to enter into an agreement with an individual or entity to transfer water available under the contract for aquifer recharge on eligible land4 7,b7 ,authorized project use ,the use of a ,reclamation facility for aquifer recharge under subparagraph 7,a7 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 facility4 7,c7 ,modifications to contracts ,the ,secretary may contract with a holder of a water service or repayment contract for a ,reclamation project under subparagraph 7,a7 if the ,secretary determines that a new contract or contract amendment described in that subparagraph is-- 7i7 necessary to allow for the use of water available under the contract for aquifer recharge under this subsection2 7ii7 in the best interest of the ,reclamation project and the ,united ,states2 and 7iii7 approved by the contractor that is responsible for repaying the cost of construction1 operations1 and maintenance of the facility that delivers the water under the contract4 7,d7 ,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-- 7i7 the use or transfer shall not be implemented in a manner that materially impacts any power service or water contract for the ,reclamation project2 and 7ii7 before the use or transfer1 the ,secretary shall determine that the use or transfer-- 7,i7 results in a net water storage benefit for the ,reclamation project2 or 7,,ii7 contributes to the recharge of an aquifer on eligible land2 and 7iii7 the use or transfer complies with all applicable-- 7,i7 ,federal laws and policies2 and 7,,ii7 interstate water compacts4 7#c7 ,conveyance for aquifer recharge purposes ,the holder of a right-of-way1 easement1 permit1 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-way1 easement1 permit1 or other authorization across public land4 7#d7 ,effect ,nothing in this ,act creates1 impairs1 alters1 or supersedes a ,federal or ,state water right4 7#e7 ,exemption ,this ,act shall not apply to the ,state of ,california4 7#f7 ,advisory group ,the ,secretary may participate in any ,state-led collaborative1 multi-stakeholder advisory group created in any watershed the purpose of which is to monitor1 review1 and assess aquifer recharge activities4 #aajf4 ,watersmart extension and expansion 7a7 ,definition of eligible applicant ,section #iejb of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfb7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking section and inserting subtitle2 7#b7 by striking paragraph 7#g7 and inserting the following3 7#g7 ,eligible applicant ,the term eligible applicant means-- 7,a7 any ,state1 ,indian tribe1 irrigation district1 or water district2 7,b7 any ,state1 regional1 or local authority1 the members of which include #a or more organizations with water or power delivery authority2 7,c7 any other organization with water or power delivery authority2 and 7,d7 any nonprofit conservation organization1 if-- 7i7 the nonprofit conservation organization is acting in partnership with and with the agreement of an entity described in subparagraph 7,a71 7,b71 or 7,c72 or 7ii7 in the case of an application for a project to improve the condition of a natural feature or nature-based feature on ,federal land1 the entities described in subparagraph 7,a71 7,b71 or 7,c7 from the applicable service area have been notified of the project application and there is no written objection to the project4 2 7#c7 in paragraph 7#aj71 by striking #dej;b and inserting #ecjd2 7#d7 by redesignating paragraphs 7#ac7 through 7#ag7 as paragraphs 7#ae7 through 7#ai71 respectively2 and 7#e7 by inserting after paragraph 7#ab7 the following3 7#ac7 ,natural feature ,the term natural feature means a feature that is created through the action of physical1 geological1 biological1 and chemical processes over time4 7#ad7 ,nature-based feature ,the term nature-based feature means a feature that is created by human design1 engineering1 and construction to provide a means to reduce water supply and demand imbalances or drought or flood risk by acting in concert with natural processes4 4 7b7 ,grants and cooperative agreements ,section #iejd7;a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7;a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by inserting or carrying out any activity after any improvement2 7,b7 by redesignating subparagraphs 7,f71 7,g71 and 7,h7 as subparagraphs 7,g71 7,h71 and 7,j71 respectively2 7,c7 by inserting after subparagraph 7,e7 the following3 7,f7 to assist ,states and water users in complying with interstate compacts or reducing basin water supply-demand imbalances2 2 7,d7 in subparagraph 7,g7 7as so redesignated71 by striking to prevent and inserting to achieve the prevention of2 7,e7 in subparagraph 7,h7 7as so redesignated7-- 7i7 by striking to accelerate and inserting to achieve the acceleration of2 and 7ii7 by striking or at the end2 7,f7 by inserting after subparagraph 7,h7 7as so redesignated7 the following3 7,i7 to improve the condition of a natural feature2 or 2 and 7,g7 in subparagraph 7,j7 7as so redesignated7-- 7i7 in clause 7i71 by striking or at the end2 7ii7 in clause 7ii71 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following3 7iii7 to plan for or address the impacts of drought4 2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7ii71 by striking or2 7ii7 in clause 7iii71 by striking and and inserting or2 and 7iii7 by adding at the end the following3 7iv7 the ,commonwealth of ,puerto ,rico2 and 2 and 7,b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 submit to the ,secretary an application that includes-- 7i7 a proposal of the improvement or activity to be planned1 designed1 constructed1 or implemented by the eligible applicant2 and 7ii7 for a project that is intended to have a quantifiable water savings and would receive a grant of #ejj1jjj or more-- 7,i7 a proposal for a monitoring plan of at least #e years that would demonstrate ways in which the proposed improvement or activity would result in improved streamflows or aquatic habitat2 or 7,,ii7 for a project that does not anticipate improved streamflows or aquatic habitat1 an analysis of ways in which the proposed improvement or activity would contribute to #a or more of the other objectives described in paragraph 7#a74 2 7#c7 in paragraph 7#c77;,e71 by striking clause 7i7 and inserting the following3 7i7 ,federal share 7,i7 ,in general ,except as provided in subclause 7,,ii71 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 7#a7 shall not exceed #ej percent of the cost of the infrastructure improvement or activity4 7,,ii7 ,increased federal share for certain infrastructure improvements and activities ,the ,federal share of the cost of an infrastructure improvement or activity shall not exceed #ge percent of the cost of the infrastructure improvement or activity1 if-- 7aa7 the infrastructure improvement or activity was developed as part of a collaborative process by-- 7,,aa7 a watershed group 7as defined in section #fjja72 or 7,,bb7 a water user and #a or more stakeholders with diverse interests2 and 7bb7 the majority of the benefits of the infrastructure improvement or activity1 as determined by the ,secretary1 are for the purpose of advancing #a or more components of an established strategy or plan to increase the reliability of water supply for consumptive and nonconsumptive ecological values4 2 and 7#d7 by adding at the end the following3 7#d7 ,priority ,in providing grants to1 and entering into agreements for1 projects intended to have a quantifiable water savings under this subsection1 the ,secretary shall give priority to projects that enhance drought resilience by benefitting the water supply and ecosystem4 4 7c7 ,research agreements ,section #iejd7;b77#a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7;b77#a77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking or organization with water or power delivery authority and inserting or eligible applicant2 7#b7 in subparagraph 7,b71 by striking or at the end2 7#c7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7#d7 by inserting after subparagraph 7,b7 the following3 7,c7 to restore a natural feature or use a nature-based feature to reduce water supply and demand imbalances or the risk of drought or flood2 or 4 7d7 ,authorization of appropriations ,section #iejd7;e7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd7;e77 is amended by striking #ecj1jjj1jjj and inserting #gjj1jjj1jjj1 subject to the condition that #ej1jjj1jjj of that amount shall be used to carry out section #bjf of the ,energy and ,water ,development and ,related ,agencies ,appropriations ,act1 #bjae 7#dc ,u4,s4,c4 #fbj note2 ,public ,law #aac-bce74 7e7 ,conforming amendment ,section #djji7;d7 of ,public ,law #aad-cbb 7#db ,u4,s4,c4 #ajcfd note7 is amended by striking on the condition that of that amount1 #ej1jjj1jjj of it is used to carry out section #bjf of the ,energy and ,water ,development and ,related ,agencies ,appropriations ,act1 #bjae 7#dc ,u4,s4,c4 #fbj note2 ,public ,law #aac-bce74 #aajg4 ,cooperative watershed management program 7a7 ,definitions ,section #fjja of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #ajae7 is amended-- 7#a7 by redesignating paragraphs 7#b7 through 7#f7 as paragraphs 7#c7 through 7#g71 respectively2 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 ,disadvantaged community ,the term disadvantaged community means a community 7including a city1 town1 county1 or reasonably isolated and divisible segment of a larger municipality7 with an annual median household income that is less than #ajj percent of the statewide annual median household income for the ,state in which the community is located1 according to the most recent decennial census4 2 7#c7 in paragraph 7#f77;,b77i7 7as so redesignated7-- 7,a7 in subclause 7,,viii71 by striking and at the end2 7,b7 in subclause 7,,ix71 by adding and after the semicolon at the end2 and 7,c7 by adding at the end the following3 7,x7 disadvantaged communities2 2 and 7#d7 in paragraph 7#g77;,c7 7as so redesignated71 by inserting 1 including benefits to fisheries1 wildlife1 or habitat after river or stream4 7b7 ,application ,section #fjjb of the ,omnibus ,public ,lands ,management ,act 7#af ,u4,s4,c4 #ajae;a7 is amended-- 7#a7 by striking subsection 7b7 and inserting the following3 7b7 ,establishment of application process2 criteria ,not later than ,september #cj1 #bjba1 the ,secretary shall update-- 7#a7 the application process for the program2 and 7#b7 in consultation with the ,states1 the prioritization and eligibility criteria for considering applications submitted in accordance with the application process4 2 and 7#b7 in subsection 7g71 by striking #bjbj and inserting #bjbf4 #aajh4 ,modification of ,jackson ,gulch rehabilitation project1 ,colorado ,section #iaje7;b7 of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #acjc7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking requirement and inserting and cost-sharing requirements2 and 7,b7 by inserting 1 which shall be not more than #fe percent of that total cost before the period at the end2 7#b7 in paragraph 7#c7-- 7,a7 in the paragraph heading1 by striking requirement and inserting and cost-sharing requirements2 7,b7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking ,the ,secretary shall recover from the ,district as reimbursable expenses and inserting ,subject to subparagraph 7,c71 the ,district shall be liable under this subsection for an amount equal to2 7,c7 in subparagraph 7,b71 in the matter preceding clause 7i71 by striking ,secretary shall recover reimbursable expenses and inserting ,district shall pay the ,project costs for which the ,district is liable2 and 7,d7 by striking subparagraph 7,c7 and inserting the following3 7,c7 ,credit ,in determining the exact amount for which the ,district is liable under this paragraph1 the ,secretary shall-- 7i7 review and approve all final costs associated with the completion of the ,project2 and 7ii7 credit the district for all amounts paid by the ,district for engineering work and improvements directly associated with the ,project1 whether before1 on1 or after the date of enactment of this ,act4 2 and 7#c7 in paragraph 7#g71 by striking #h1bej1jjj4 and inserting the following3 the lesser of-- 7,a7 not more than #fe percent of the total cost of carrying out the ,project2 and 7,b7 #e1cej1jjj4 4 #aaji4 ,aquatic ecosystem restoration 7a7 ,definition of eligible entity ,in this section1 the term eligible entity means-- 7#a7 any ,state1 ,indian ,tribe1 irrigation district1 or water district2 7#b7 any ,state1 regional1 or local authority1 the members of which include #a or more organizations with water or power delivery authority2 7#c7 any other entity or organization that owns a facility that is eligible for upgrade1 modification or removal under this section2 7#d7 any nonprofit conservation organization1 acting in partnership with any entity listed in paragraphs 7#a7 through 7#c71 with respect to a project involving land or infrastructure owned by the entity2 and 7#e7 an agency established under ,state law for the joint exercise of powers or a combination of entities described in paragraphs 7#a7 through 7#d74 7b7 ,general authority 7#a7 ,in general ,subject to the requirements of this section and paragraph 7#b71 on request of any eligible entity the ,secretary may negotiate and enter into an agreement on behalf of the ,united ,states to fund the design1 study1 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 fisheries1 wildlife or aquatic habitat1 including through habitat restoration and improved fish passage via the removal or bypass of barriers to fish passage4 7#b7 ,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 capacity1 the ,secretary may only negotiate and enter into an agreement to fund-- 7,a7 the design or study of such project if the ,secretary has received consent from the owner of the applicable dam2 or 7,b7 the construction of such project if the ,secretary-- 7i7 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 request2 7ii7 notifies each eligible entity identified in clause 7i7 that the dam removal or modification project has been requested2 and 7iii7 does not receive1 by the date that is #abj days after the date on which all eligible entities have been notified under clause 7ii71 written objection from #a or more eligible entities that collectively receive #a_/c or more of the water or power delivered from the facility that is under consideration for removal or modification at the time of the request4 7c7 ,requirements 7#a7 ,in general ,the ,secretary shall accept and consider public comment prior to initiating design1 study or development of a project under this section4 7#b7 ,preconditions ,construction of a project under this section shall be a voluntary project initiated only after-- 7,a7 an eligible entity has entered into an agreement with the ,secretary to pay no less than #ce percent of the costs of project construction2 7,b7 an eligible entity has entered an agreement to pay #ajj percent of any operation1 maintenance1 and replacement and rehabilitation costs with respect to the project2 7,c7 the ,secretary determines the proposed project-- 7i7 will not result in an unmitigated adverse impact on fulfillment of existing water delivery obligations consistent with historical operations and applicable contracts2 7ii7 will not result in an unmitigated adverse effect on the environment2 7iii7 is consistent with the responsibilities of the ,secretary-- 7,i7 in the role as trustee for federally recognized ,indian ,tribes2 and 7,,ii7 to ensure compliance with any applicable international and ,tribal treaties and agreements and interstate compacts and agreements2 7iv7 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 ,state2 and 7v7 complies with all applicable ,federal and ,state law1 including environmental laws2 and 7,d7 the ,secretary has complied with all applicable environmental laws1 including-- 7i7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7ii7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7iii7 subtitle ,,iii of title #ed1 ,united ,states ,code4 7d7 ,funding ,there is authorized to be appropriated to carry out this section #ae1jjj1jjj for each of fiscal years #bjbb through #bjbf1 to remain available until expended4 7e7 ,effects 7#a7 ,in general ,nothing in this section supersedes or limits any existing authority provided1 or responsibility conferred1 by any provision of law4 7#b7 ,effect on ,state water law ,nothing in this section preempts or affects any-- 7,a7 ,state water law2 or 7,b7 interstate compact governing water4 7f7 ,compliance required ,the ,secretary shall comply with applicable ,state water laws in carrying out this section4 7g7 ,priority for projects providing regional benefits and assistance for aging assets ,when funding projects under this section1 the ,secretary shall prioritize projects that-- 7#a7 are jointly developed and supported by a diverse array of stakeholders including representatives of irrigated agricultural production1 hydroelectric production1 potable water purveyors and industrial water users1 ,indian ,tribes1 commercial fishing interests1 and nonprofit conservation organizations2 7#b7 affect water resources management in #b or more river basins while providing regional benefits not limited to fisheries restoration2 7#c7 are a component of a broader strategy or plan to replace aging facilities with #a or more alternate facilities providing similar benefits2 and 7#d7 contribute to the restoration of anadromous fish species listed under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 #aaaj4 ,clean ,water for ,rural ,communities 7a7 ,short title ,this section may be cited as the ,clean ,water for ,rural ,communities ,act4 7b7 ,purpose ,the purpose of this ,act is to ensure a safe and adequate municipal1 rural1 and industrial water supply for the citizens of-- 7#a7 ,dawson1 ,garfield1 ,mc,cone1 ,prairie1 ,richland1 ,judith ,basin1 ,wheatland1 ,golden ,valley1 ,fergus1 ,yellowstone1 and ,musselshell ,counties in the ,state of ,montana2 and 7#b7 ,mc,kenzie ,county1 ,north ,dakota4 7c7 ,definitions ,in this ,act3 7#a7 ,authority ,the term ,authority means-- 7,a7 the ,central ,montana ,regional ,water ,authority1 a publicly owned nonprofit water authority formed in accordance with ,mont4 ,code ,ann4 ,sec4 #ge-f-cjb 7#bjjg72 and 7,b7 any nonprofit successor entity to the ,authority described in subparagraph 7,a74 7#b7 ,musselshell-,judith ,rural ,water ,system ,the term ,musselshell-,judith ,rural ,water ,system means the ,musselshell-,judith ,rural ,water ,system authorized under subsection 7d77#a71 with a project service area that includes-- 7,a7 ,judith ,basin1 ,wheatland1 ,golden ,valley1 and ,musselshell ,counties in the ,state2 7,b7 the portion of ,yellowstone ,county in the ,state within #b miles of ,state ,highway #c and within #d miles of the county line between ,golden ,valley and ,yellowstone ,counties in the ,state1 inclusive of the ,town of ,broadview1 ,montana2 and 7,c7 the portion of ,fergus ,county in the ,state within #b miles of ,u4,s4 ,highway #hg and within #d miles of the county line between ,fergus and ,judith ,basin ,counties in the ,state1 inclusive of the ,town of ,moore1 ,montana4 7#c7 ,state ,the term ,state means the ,state of ,montana4 7d7 ,musselshell-,judith ,rural ,water ,system 7#a7 ,authorization ,the ,secretary may carry out the planning1 design1 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 7including any and all revisions of the report74 7#b7 ,cooperative agreement ,the ,secretary shall enter into a cooperative agreement with the ,authority to provide ,federal assistance for the planning1 design1 and construction of the ,musselshell-,judith ,rural ,water ,system4 7#c7 ,cost-,sharing requirement 7,a7 ,federal share 7i7 ,in general ,the ,federal share of the costs relating to the planning1 design1 and construction of the ,musselshell-,judith ,rural ,water ,system shall not exceed #fe percent of the total cost of the ,musselshell-,judith ,rural ,water ,system4 7ii7 ,limitation ,amounts made available under clause 7i7 shall not be returnable or reimbursable under the reclamation laws4 7,b7 ,use of ,federal funds 7i7 ,general uses ,subject to clause 7ii71 the ,musselshell-,judith ,rural ,water ,system may use ,federal funds made available to carry out this subsection for-- 7,i7 facilities relating to-- 7aa7 water pumping2 7bb7 water treatment2 7cc7 water storage2 7dd7 water supply wells2 7ee7 distribution pipelines2 and 7ff7 control systems2 7,,ii7 transmission pipelines2 7,,iii7 pumping stations2 7,,iv7 appurtenant buildings1 maintenance equipment1 and access roads2 7,v7 any interconnection facility that connects a pipeline of the ,musselshell-,judith ,rural ,water ,system to a pipeline of a public water system2 7,,vi7 electrical power transmission and distribution facilities required for the operation and maintenance of the ,musselshell-,judith ,rural ,water ,system2 7,,vii7 any other facility or service required for the development of a rural water distribution system1 as determined by the ,secretary2 and 7,,viii7 any property or property right required for the construction or operation of a facility described in this subsection4 7ii7 ,limitation ,federal funds made available to carry out this subsection shall not be used for the operation1 maintenance1 or replacement of the ,musselshell-,judith ,rural ,water ,system4 7iii7 ,title ,title to the ,musselshell-,judith ,rural ,water ,system shall be held by the ,authority4 7e7 ,dry-,redwater feasibility study 7#a7 ,definitions ,in this subsection3 7,a7 ,dry-,redwater ,regional ,water ,authority ,the term ,dry-,redwater ,regional ,water ,authority means-- 7i7 the ,dry-,redwater ,regional ,water ,authority1 a publicly owned nonprofit water authority formed in accordance with ,mont4 ,code ,ann4 #ge-f-cjb 7#bjjg72 and 7ii7 any nonprofit successor entity to the ,authority described in clause 7i74 7,b7 ,dry-,redwater ,regional ,water ,authority ,system ,the term ,dry-,redwater ,regional ,water ,authority ,system means the project entitled the ,dry-,redwater ,regional ,water ,authority ,system1 with a project service area that includes-- 7i7 ,garfield and ,mc,cone ,counties in the ,state2 7ii7 the area west of the ,yellowstone ,river in ,dawson and ,richland ,counties in the ,state2 7iii7 ,t4 #ae ,n4 7including the area north of the ,township7 in ,prairie ,county in the ,state2 and 7iv7 the portion of ,mc,kenzie ,county1 ,north ,dakota1 that includes all land that is located west of the ,yellowstone ,river in the ,state of ,north ,dakota4 7,c7 ,reclamation feasibility standards ,the term reclamation feasibility standards means the eligibility criteria and feasibility study requirements described in section #ajf of the ,reclamation ,rural ,water ,supply ,act of #bjjf 7#dc ,u4,s4,c4 #bdje7 7as in effect on ,september #bi1 #bjaf74 7,d7 ,submitted feasibility study ,the term submitted feasibility study means the feasibility study entitled ,dry-,redwater ,regional ,water ,system ,feasibility ,study 7including revisions of the study71 which received funding from the ,bureau of ,reclamation on ,september #a1 #bjaj4 7#b7 ,study 7,a7 ,in general ,the ,secretary1 in consultation with the ,dry-,redwater ,regional ,water ,authority1 may undertake a study1 including a review of the submitted feasibility study1 to determine the feasibility of constructing the ,dry-,redwater ,regional ,water ,system4 7,b7 ,requirement ,the study under subparagraph 7,a7 shall comply with the reclamation feasibility standards4 7#c7 ,cooperative agreement ,if the ,secretary determines that the study under paragraph 7#b7 does not comply with the reclamation feasibility standards1 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 standards4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary #e1jjj1jjj to carry out this subsection4 7#e7 ,termination ,the authority provided by this subsection shall expire on the date that is #e years after the date of enactment of this ,act4 7f7 ,water rights ,nothing in this ,act-- 7#a7 preempts or affects any ,state water law2 or 7#b7 affects any authority of a ,state1 as in effect on the date of enactment of this ,act1 to manage water resources within that ,state4 7g7 ,authorization of appropriations 7#a7 ,authorization ,there is authorized to be appropriated to carry out the planning1 design1 and construction of the ,musselshell-,judith ,rural ,water ,system1 substantially in accordance with the cost estimate set forth in the feasibility report described in subsection 7d77#a71 #ef1fej1jjj4 7#b7 ,cost ,indexing ,the amount authorized to be appropriated under paragraph 7#a7 may be increased or decreased in accordance with ordinary fluctuations in development costs incurred after ,november #a1 #bjad1 as indicated by any available engineering cost indices applicable to construction activities that are similar to the construction of the ,musselshell-,judith ,rural ,water ,system4 #aaaa4 ,snow ,water ,supply ,forecasting 7a7 ,short title ,this section may be cited as the ,snow ,water ,supply ,forecasting ,program ,authorization ,act4 7b7 ,definition of program ,in this ,act1 the term program means the ,snow ,water ,supply ,forecasting ,program established by subsection 7c74 7c7 ,snow ,water ,supply ,forecasting ,program 7#a7 ,program establishment ,the ,snow ,water ,supply ,forecasting ,program is hereby established within the ,department of the ,interior4 7#b7 ,program implementation ,to implement the program1 the ,secretary shall-- 7,a7 develop the program framework in coordination with other ,federal agencies pursuant to subsection 7d71 culminating in the report required under subsection 7d77#c72 and 7,b7 after submitting the report required by subsection 7d77#c71 implement activities to improve snowpack measurement in particular watersheds pursuant to subsection 7e74 7d7 ,development of program framework in coordination with other ,federal agencies 7#a7 ,snowpack measurement data ,when determining water supply forecasts or allocations to ,federal water contractors1 the ,secretary1 acting through the ,commissioner of the ,bureau of ,reclamation1 shall incorporate1 to the greatest extent practicable1 information from emerging technologies for snowpack measurement1 such as-- 7,a7 synthetic aperture radar2 7,b7 laser altimetry2 and 7,c7 other emerging technologies that the ,secretary determines are likely to provide more accurate or timely snowpack measurement data4 7#b7 ,coordination ,in carrying out paragraph 7#a71 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 measurement4 7#c7 ,emerging ,technologies ,report ,not later than ,october #a1 #bjba1 the ,secretary shall submit to ,congress a report that-- 7,a7 summarizes the use of emerging technologies pursuant to this ,act2 7,b7 describes benefits derived from the use of technologies summarized under subparagraph 7,a7 related to the environment and increased water supply reliability2 and 7,c7 describes how ,federal agencies will coordinate to implement emerging technologies4 7e7 ,program implementation 7#a7 ,activities implementing framework ,after submitting the report required under subsection 7d77#c71 the ,secretary shall participate with program partners in implementing activities to improve snowpack measurement in particular watersheds4 7#b7 ,focus ,the program shall focus on activities that will maintain1 establish1 expand1 or advance snowpack measurement consistent with the report required by subsection 7d77#c71 with an emphasis on-- 7,a7 enhancing activities in river basins to achieve improved snow and water supply forecasting results2 7,b7 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 ,act2 and 7,c7 demonstrating or testing new1 or improving existing1 snow and water supply forecasting technology4 7#c7 ,information sharing ,the ,secretary may provide information collected and analyzed under this ,act to program partners through appropriate mechanisms1 including interagency agreements with ,federal agencies1 ,states1 ,state agencies1 or a combination thereof1 leases1 contracts1 cooperative agreements1 grants1 loans1 and memoranda of understanding4 7#d7 ,program partners ,program partners with whom the ,secretary enters into cooperative agreements pursuant to paragraph 7#e7 may include water districts1 irrigation districts1 water associations1 universities1 ,state agencies1 other ,federal agencies1 private sector entities1 non-governmental organizations1 and other entities1 as determined by the ,secretary4 7#e7 ,cooperative agreements ,the ,secretary may-- 7,a7 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 implementation2 and 7,b7 provide nonreimbursable matching funding for programmatic and operational activities under this ,act in consultation with program partners4 7#f7 ,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 ,act4 7f7 ,program implementation report ,not later than #d years after the date of the enactment of this ,act1 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 ,senate1 that includes-- 7#a7 a list of basins and sub-basins for which snowpack measurement technologies are being used under the program1 including a description of each technology used2 and 7#b7 a list of ,federal agencies and program partners participating in each basin or sub-basin listed in paragraph 7#a74 7g7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this ,act #ae1jjj1jjj1 in the aggregate1 for fiscal years #bjbb through #bjbf4 #aaab4 ,water technology investment ,the ,water ,desalination ,act of #aiif 7,public ,law #ajd-bih2 #db ,u4,s4,c4 #ajcja note7 is amended-- 7#a7 in section #d7;a77#a71 by inserting 1 including modules specifically designed for brine management after and concepts2 and 7#b7 in section #h7;b7-- 7,a7 by striking #c1jjj1jjj and inserting #bj1jjj1jjj2 and 7,b7 by striking #bjag through #bjba and inserting #bjbb through #bjbf1 in addition to the authorization of appropriations for projects in section #d7;a77#b77;,f74 #aaac4 ,sharing arrangements with ,federal agencies ,section #dje of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afde7 is amended-- 7#a7 in subsection 7a77#a71 by inserting urban ,indian organizations1 before and tribal organizations2 and 7#b7 in subsection 7c7-- 7,a7 by inserting urban ,indian organization1 before or tribal organization2 and 7,b7 by inserting an urban ,indian organization1 before or a tribal organization4 #aaad4 ,amendment to the ,indian ,health ,care ,improvement ,act ,section #dji of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afdg;b7 is amended by striking 7#be ,u4,s4,c4 #dej et seq47 and inserting 7#be ,u4,s4,c4 #ecja et seq47 or the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beja et seq474 #aaae4 ,definitions ,in this title3 7#a7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#b7 ,reclamation state ,the term ,reclamation ,state means a ,state or territory described in the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic2 #dc ,u4,s4,c4 #cia74 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 ,,xii ,horseracing ,integrity and ,safety #abja4 ,short title ,this title may be cited as the ,horseracing ,integrity and ,safety ,act of #bjbj4 #abjb4 ,definitions ,in this ,act the following definitions apply3 7#a7 ,authority ,the term ,authority means the ,horseracing ,integrity and ,safety ,authority designated by section #abjc7;a74 7#b7 ,breeder ,the term breeder means a person who is in the business of breeding covered horses4 7#c7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#d7 ,covered horse ,the term covered horse means any ,thoroughbred horse1 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 #abje7k71 during the period-- 7,a7 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 facility2 and 7,b7 ending on the date on which the ,authority receives written notice that the horse has been retired4 7#e7 ,covered horserace ,the term covered horserace means any horserace involving covered horses that has a substantial relation to interstate commerce1 including any ,thoroughbred horserace that is the subject of interstate off-track or advance deposit wagers4 7#f7 ,covered persons ,the term covered persons means all trainers1 owners1 breeders1 jockeys1 racetracks1 veterinarians1 persons 7legal and natural7 licensed by a ,state racing commission and the agents1 assigns1 and employees of such persons and other horse support personnel who are engaged in the care1 training1 or racing of covered horses4 7#g7 ,equine constituencies ,the term equine constituencies means1 collectively1 owners1 breeders1 trainers1 racetracks1 veterinarians1 ,state racing commissions1 and jockeys who are engaged in the care1 training1 or racing of covered horses4 7#h7 ,equine industry representative ,the term equine industry representative means an organization regularly and significantly engaged in the equine industry1 including organizations that represent the interests of1 and whose membership consists of1 owners1 breeders1 trainers1 racetracks1 veterinarians1 ,state racing commissions1 and jockeys4 7#i7 ,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 #abjf7;a74 7#aj7 ,immediate family member ,the term immediate family member shall include a spouse1 domestic partner1 mother1 father1 aunt1 uncle1 sibling1 or child4 7#aa7 ,interstate off-track wager ,the term interstate off-track wager has the meaning given such term in section #c of the ,interstate ,horseracing ,act of #aigh 7#ae ,u4,s4,c4 #cjjb74 7#ab7 ,jockey ,the term jockey means a rider or driver of a covered horse in covered horseraces4 7#ac7 ,owner ,the term owner means a person who holds an ownership interest in one or more covered horses4 7#ad7 ,program effective date ,the term program effective date means ,july #a1 #bjbb4 7#ae7 ,racetrack ,the term racetrack means an organization licensed by a ,state racing commission to conduct covered horseraces4 7#af7 ,racetrack safety program ,the term racetrack safety program means the program established under section #abjg7;a74 7#ag7 ,stakes race ,the term stakes race means any race so designated by the racetrack at which such race is run1 including1 without limitation1 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 ,association4 7#ah7 ,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 ,state4 7#ai7 ,trainer ,the term trainer means an individual engaged in the training of covered horses4 7#bj7 ,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 workouts4 7#ba7 ,veterinarian ,the term veterinarian means a licensed veterinarian who provides veterinary services to covered horses4 7#bb7 ,workout ,the term workout means a timed running of a horse over a predetermined distance not associated with a race or its first qualifying race1 if such race is made subject to this ,act by election under section #abje7k7 of the horse's breed governing organization or the applicable ,state racing commission4 #abjc4 ,recognition of the ,horseracing ,integrity and ,safety ,authority 7a7 ,in general ,the private1 independent1 self-regulatory1 nonprofit corporation1 to be known as the ,horseracing ,integrity and ,safety ,authority1 is recognized for purposes of developing and implementing a horseracing anti-doping and medication control program and a racetrack safety program for covered horses1 covered persons1 and covered horseraces4 7b7 ,board of directors 7#a7 ,membership ,the ,authority shall be governed by a board of directors 7in this section referred to as the ,board7 comprised of nine members as follows3 7,a7 ,independent members ,five members of the ,board shall be independent members selected from outside the equine industry4 7,b7 ,industry members 7i7 ,in general ,four members of the ,board shall be industry members selected from among the various equine constituencies4 7ii7 ,representation of equine constituencies ,the industry members shall be representative of the various equine constituencies1 and shall include not more than one industry member from any one equine constituency4 7#b7 ,chair ,the chair of the ,board shall be an independent member described in paragraph 7#a77;,a74 7#c7 ,bylaws ,the ,board of the ,authority shall be governed by bylaws for the operation of the ,authority with respect to-- 7,a7 the administrative structure and employees of the ,authority2 7,b7 the establishment of standing committees2 7,c7 the procedures for filling vacancies on the ,board and the standing committees2 7,d7 term limits for members and termination of membership2 and 7,e7 any other matter the ,board considers necessary4 7c7 ,standing committees 7#a7 ,anti-doping and medication control standing committee 7,a7 ,in general ,the ,authority shall establish an anti-doping and medication control standing committee1 which shall provide advice and guidance to the ,board on the development and maintenance of the horseracing anti-doping and medication control program4 7,b7 ,membership ,the anti-doping and medication control standing committee shall be comprised of seven members as follows3 7i7 ,independent members ,a majority of the members shall be independent members selected from outside the equine industry4 7ii7 ,industry members ,a minority of the members shall be industry members selected to represent the various equine constituencies1 and shall include not more than one industry member from any one equine constituency4 7iii7 ,qualification ,a majority of individuals selected to serve on the anti-doping and medication control standing committee shall have significant1 recent experience in anti-doping and medication control rules4 7,c7 ,chair ,the chair of the anti-doping and medication control standing committee shall be an independent member of the ,board described in subsection 7b77#a77;,a74 7#b7 ,racetrack safety standing committee 7,a7 ,in general ,the ,authority shall establish a racetrack safety standing committee1 which shall provide advice and guidance to the ,board on the development and maintenance of the racetrack safety program4 7,b7 ,membership ,the racetrack safety standing committee shall be comprised of seven members as follows3 7i7 ,independent members ,a majority of the members shall be independent members selected from outside the equine industry4 7ii7 ,industry members ,a minority of the members shall be industry members selected to represent the various equine constituencies4 7,c7 ,chair ,the chair of the racetrack safety standing committee shall be an industry member of the ,board described in subsection 7b77#a77;,b74 7d7 ,nominating committee 7#a7 ,membership 7,a7 ,in general ,the nominating committee of the ,authority shall be comprised of seven independent members selected from business1 sports1 and academia4 7,b7 ,initial membership ,the initial nominating committee members shall be set forth in the governing corporate documents of the ,authority4 7,c7 ,vacancies ,after the initial committee members are appointed in accordance with subparagraph 7,b71 vacancies shall be filled by the ,board pursuant to rules established by the ,authority4 7#b7 ,chair ,the chair of the nominating committee shall be selected by the nominating committee from among the members of the nominating committee4 7#c7 ,selection of members of the ,board and standing committees 7,a7 ,initial members ,the nominating committee shall select the initial members of the ,board and the standing committees described in subsection 7c74 7,b7 ,subsequent members ,the nominating committee shall recommend individuals to fill any vacancy on the ,board or on such standing committees4 7e7 ,conflicts of interest ,to avoid conflicts of interest1 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 section3 7#a7 ,an individual who has a financial interest in1 or provides goods or services to1 covered horses4 7#b7 ,an official or officer-- 7,a7 of an equine industry representative2 or 7,b7 who serves in a governance or policymaking capacity for an equine industry representative4 7#c7 ,an employee of1 or an individual who has a business or commercial relationship with1 an individual described in paragraph 7#a7 or 7#b74 7#d7 ,an immediate family member of an individual described in paragraph 7#a7 or 7#b74 7f7 ,funding 7#a7 ,initial funding 7,a7 ,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 ,authority4 7,b7 ,borrowing ,the ,authority may borrow funds toward the funding of its operations4 7,c7 ,annual calculation of amounts required 7i7 ,in general ,not later than the date that is #ij days before the program effective date1 and not later than ,november #a each year thereafter1 the ,authority shall determine and provide to each ,state racing commission the estimated amount required from the ,state-- 7,i7 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 year2 and 7,,ii7 to liquidate the ,state's proportionate share of any loan or funding shortfall in the current calendar year and any previous calendar year4 7ii7 ,basis of calculation ,the amounts calculated under clause 7i7 shall-- 7,i7 be based on-- 7aa7 the annual budget of the ,authority for the following calendar year1 as approved by the ,board2 and 7bb7 the projected amount of covered racing starts for the year in each ,state2 and 7,,ii7 take into account other sources of ,authority revenue4 7iii7 ,requirements regarding budgets of ,authority 7,i7 ,initial budget ,the initial budget of the ,authority shall require the approval of #b_/c of the ,board4 7,,ii7 ,subsequent budgets ,any subsequent budget that exceeds the budget of the preceding calendar year by more than #e percent shall require the approval of #b_/c of the ,board4 7iv7 ,rate increases 7,i7 ,in general ,a proposed increase in the amount required under this subparagraph shall be reported to the ,commission4 7,,ii7 ,notice and comment ,the ,commission shall publish in the ,federal ,register such a proposed increase and provide an opportunity for public comment4 7#b7 ,assessment and collection of fees by ,states 7,a7 ,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 #fj days before the program effective date4 7,b7 ,requirement to remit fees ,after a ,state racing commission makes a notification under subparagraph 7,a71 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 ,commission4 7,c7 ,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 so4 7,d7 ,determination of methods ,each ,state racing commission shall determine1 subject to the applicable laws1 regulations1 and contracts of the ,state1 the method by which the requisite amount of fees1 such as foal registration fees1 sales contributions1 starter fees1 and track fees1 and other fees on covered persons1 shall be allocated1 assessed1 and collected4 7#c7 ,assessment and collection of fees by the ,authority 7,a7 ,calculation ,if a ,state racing commission does not elect to remit fees pursuant to paragraph 7#b7 or withdraws its election under such paragraph1 the ,authority shall1 not less frequently than monthly1 calculate the applicable fee per racing start multiplied by the number of racing starts in the ,state during the preceding month4 7,b7 ,allocation ,the ,authority shall allocate equitably the amount calculated under subparagraph 7,a7 collected among covered persons involved with covered horseraces pursuant to such rules as the ,authority may promulgate4 7,c7 ,assessment and collection 7i7 ,in general ,the ,authority shall assess a fee equal to the allocation made under subparagraph 7,b7 and shall collect such fee according to such rules as the ,authority may promulgate4 7ii7 ,remittance of fees ,covered persons described in subparagraph 7,b7 shall be required to remit such fees to the ,authority4 7,d7 ,limitation ,a ,state racing commission that does not elect to remit fees pursuant to paragraph 7#b7 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 horseraces4 7#d7 ,fees and fines ,fees and fines imposed by the ,authority shall be allocated toward funding of the ,authority and its activities4 7#e7 ,rule of construction ,nothing in this ,act shall be construed to require-- 7,a7 the appropriation of any amount to the ,authority2 or 7,b7 the ,federal ,government to guarantee the debts of the ,authority4 7g7 ,quorum ,for all items where ,board approval is required1 the ,authority shall have present a majority of independent members4 #abjd4 ,federal ,trade ,commission ,oversight 7a7 ,in general ,the ,authority shall submit to the ,commission1 in accordance with such rules as the ,commission may prescribe under section #eec of title #e1 ,united ,states ,code1 any proposed rule1 or proposed modification to a rule1 of the ,authority relating to-- 7#a7 the bylaws of the ,authority2 7#b7 a list of permitted and prohibited medications1 substances1 and methods1 including allowable limits of permitted medications1 substances1 and methods2 7#c7 laboratory standards for accreditation and protocols2 7#d7 standards for racing surface quality maintenance2 7#e7 racetrack safety standards and protocols2 7#f7 a program for injury and fatality data analysis2 7#g7 a program of research and education on safety1 performance1 and anti-doping and medication control2 7#h7 a description of safety1 performance1 and anti-doping and medication control rule violations applicable to covered horses and covered persons2 7#i7 a schedule of civil sanctions for violations2 7#aj7 a process or procedures for disciplinary hearings2 and 7#aa7 a formula or methodology for determining assessments described in section #abjc7;f74 7b7 ,publication and comment 7#a7 ,in general ,the ,commission shall-- 7,a7 publish in the ,federal ,register each proposed rule or modification submitted under subsection 7a72 and 7,b7 provide an opportunity for public comment4 7#b7 ,approval required ,a proposed rule1 or a proposed modification to a rule1 of the ,authority shall not take effect unless the proposed rule or modification has been approved by the ,commission4 7c7 ,decision on proposed rule or modification to a rule 7#a7 ,in general ,not later than #fj days after the date on which a proposed rule or modification is published in the ,federal ,register1 the ,commission shall approve or disapprove the proposed rule or modification4 7#b7 ,conditions ,the ,commission shall approve a proposed rule or modification if the ,commission finds that the proposed rule or modification is consistent with-- 7,a7 this ,act2 and 7,b7 applicable rules approved by the ,commission4 7#c7 ,revision of proposed rule or modification 7,a7 ,in general ,in the case of disapproval of a proposed rule or modification under this subsection1 not later than #cj days after the issuance of the disapproval1 the ,commission shall make recommendations to the ,authority to modify the proposed rule or modification4 7,b7 ,resubmission ,the ,authority may resubmit for approval by the ,commission a proposed rule or modification that incorporates the modifications recommended under subparagraph 7,a74 7d7 ,proposed standards and procedures 7#a7 ,in general ,the ,authority shall submit to the ,commission any proposed rule1 standard1 or procedure developed by the ,authority to carry out the horseracing anti-doping and medication control program or the racetrack safety program4 7#b7 ,notice and comment ,the ,commission shall publish in the ,federal ,register any such proposed rule1 standard1 or procedure and provide an opportunity for public comment4 7e7 ,interim final rules ,the ,commission may adopt an interim final rule1 to take effect immediately1 under conditions specified in section #eec7;b77,b7 of title #e1 ,united ,states ,code1 if the ,commission finds that such a rule is necessary to protect-- 7#a7 the health and safety of covered horses2 or 7#b7 the integrity of covered horseraces and wagering on those horseraces4 #abje4 ,jurisdiction of the ,commission and the ,horseracing ,integrity and ,safety ,authority 7a7 ,in general ,beginning on the program effective date1 the ,commission1 the ,authority1 and the anti-doping and medication control enforcement agency1 each within the scope of their powers and responsibilities under this ,act1 as limited by subsection 7j71 shall-- 7#a7 implement and enforce the horseracing anti-doping and medication control program and the racetrack safety program2 7#b7 exercise independent and exclusive national authority over-- 7,a7 the safety1 welfare1 and integrity of covered horses1 covered persons1 and covered horseraces2 and 7,b7 all horseracing safety1 performance1 and anti-doping and medication control matters for covered horses1 covered persons1 and covered horseraces2 and 7#c7 have safety1 performance1 and anti-doping and medication control authority over covered persons similar to such authority of the ,state racing commissions before the program effective date4 7b7 ,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 ,act1 as limited by subsection 7j74 ,nothing contained in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7c7 ,duties 7#a7 ,in general ,the ,authority-- 7,a7 shall develop uniform procedures and rules authorizing-- 7i7 access to offices1 racetrack facilities1 other places of business1 books1 records1 and personal property of covered persons that are used in the care1 treatment1 training1 and racing of covered horses2 7ii7 issuance and enforcement of subpoenas and subpoenas duces tecum2 and 7iii7 other investigatory powers of the nature and scope exercised by ,state racing commissions before the program effective date2 and 7,b7 with respect to an unfair or deceptive act or practice described in section #abaj1 may recommend that the ,commission commence an enforcement action4 7#b7 ,approval of ,commission ,the procedures and rules developed under paragraph 7#a77;,a7 shall be subject to approval by the ,commission in accordance with section #abjd4 7d7 ,registration of covered persons with ,authority 7#a7 ,in general ,as a condition of participating in covered races and in the care1 ownership1 treatment1 and training of covered horses1 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 #abjd4 7#b7 ,agreement with respect to ,authority rules1 standards1 and procedures ,registration under this subsection shall include an agreement by the covered person to be subject to and comply with the rules1 standards1 and procedures developed and approved under subsection 7c74 7#c7 ,cooperation ,a covered person registered under this subsection shall1 at all times-- 7,a7 cooperate with the ,commission1 the ,authority1 the anti-doping and medication control enforcement agency1 and any respective designee1 during any civil investigation2 and 7,b7 respond truthfully and completely to the best of the knowledge of the covered person if questioned by the ,commission1 the ,authority1 the anti-doping and medication control enforcement agency1 or any respective designee4 7#d7 ,failure to comply ,any failure of a covered person to comply with this subsection shall be a violation of section #abjh7;a77#b77;,g74 7e7 ,enforcement of programs 7#a7 ,anti-doping and medication control enforcement agency 7,a7 ,agreement with ,,usada ,the ,authority shall seek to enter into an agreement with the ,united ,states ,anti-,doping ,agency under which the ,agency acts as the anti-doping and medication control enforcement agency under this ,act for services consistent with the horseracing anti-doping and medication control program4 7,b7 ,agreement with other entity ,if the ,authority and the ,united ,states ,anti-,doping ,agency are unable to enter into the agreement described in subparagraph 7,a71 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 program4 7,c7 ,negotiations ,any negotiations under this paragraph shall be conducted in good faith and designed to achieve efficient1 effective best practices for anti-doping and medication control and enforcement on commercially reasonable terms4 7,d7 ,elements of agreement ,any agreement under this paragraph shall include a description of the scope of work1 performance metrics1 reporting obligations1 and budgets of the ,united ,states ,anti-,doping ,agency while acting as the anti-doping and medication control enforcement agency under this ,act1 as well as a provision for the revision of the agreement to increase in the scope of work as provided for in subsection 7k71 and any other matter the ,authority considers appropriate4 7,e7 ,duties and powers of enforcement agency ,the anti-doping and medication control enforcement agency under an agreement under this paragraph shall-- 7i7 serve as the independent anti-doping and medication control enforcement organization for covered horses1 covered persons1 and covered horseraces1 implementing the anti-doping and medication control program on behalf of the ,authority2 7ii7 ensure that covered horses and covered persons are deterred from using or administering medications1 substances1 and methods in violation of the rules established in accordance with this ,act2 7iii7 implement anti-doping education1 research1 testing1 compliance and adjudication programs designed to prevent covered persons and covered horses from using or administering medications1 substances1 and methods in violation of the rules established in accordance with this ,act2 7iv7 exercise the powers specified in section #abjf7;c77#d7 in accordance with that section2 and 7v7 implement and undertake any other responsibilities specified in the agreement4 7,f7 ,term and extension 7i7 ,term of initial agreement ,the initial agreement entered into by the ,authority under this paragraph shall be in effect for the #e-year period beginning on the program effective date4 7ii7 ,extension ,at the end of the #e-year period described in clause 7i71 the ,authority may-- 7,i7 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 ,act2 or 7,,ii7 enter into an agreement meeting the requirements of this paragraph with an entity described by subparagraph 7,b7 for such term as is provided by such rules and consistent with this ,act4 7#b7 ,agreements for enforcement by ,state racing commissions 7,a7 ,state racing commissions 7i7 ,racetrack safety program ,the ,authority may enter into agreements with ,state racing commissions for services consistent with the enforcement of the racetrack safety program4 7ii7 ,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 program4 7,b7 ,elements of agreements ,any agreement under this paragraph shall include a description of the scope of work1 performance metrics1 reporting obligations1 budgets1 and any other matter the ,authority considers appropriate4 7#c7 ,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 7#a7 and 7#b7 of section #abjg7;c74 7f7 ,procedures with respect to rules of ,authority 7#a7 ,anti-doping and medication control 7,a7 ,in general ,recommendations for rules regarding anti-doping and medication control shall be developed in accordance with section #abjf4 7,b7 ,consultation ,the anti-doping and medication control enforcement agency shall consult with the anti-doping and medication control standing committee and the ,board of the ,authority on all anti-doping and medication control rules of the ,authority4 7#b7 ,racetrack safety ,recommendations for rules regarding racetrack safety shall be developed by the racetrack safety standing committee of the ,authority4 7g7 ,issuance of ,guidance 7#a7 ,the ,authority may issue guidance that-- 7,a7 sets forth-- 7i7 an interpretation of an existing rule1 standard1 or procedure of the ,authority2 or 7ii7 a policy or practice with respect to the administration or enforcement of such an existing rule1 standard1 or procedure2 and 7,b7 relates solely to-- 7i7 the administration of the ,authority2 or 7ii7 any other matter1 as specified by the ,commission1 by rule1 consistent with the public interest and the purposes of this subsection4 7#b7 ,submittal to ,commission ,the ,authority shall submit to the ,commission any guidance issued under paragraph 7#a74 7#c7 ,immediate effect ,guidance issued under paragraph 7#a7 shall take effect on the date on which the guidance is submitted to the ,commission under paragraph 7#b74 7h7 ,subpoena and investigatory authority ,the ,authority shall have subpoena and investigatory authority with respect to civil violations committed under its jurisdiction4 7i7 ,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 jurisdiction4 7j7 ,civil actions 7#a7 ,in general ,in addition to civil sanctions imposed under section #abjh1 the ,authority may commence a civil action against a covered person or racetrack that has engaged1 is engaged1 or is about to engage1 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 ,states1 the ,united ,states ,district ,court for the ,district of ,columbia1 or the ,united ,states courts of any territory or other place subject to the jurisdiction of the ,united ,states1 to enjoin such acts or practices1 to enforce any civil sanctions imposed under that section1 and for all other relief to which the ,authority may be entitled4 7#b7 ,injunctions and restraining orders ,with respect to a civil action commenced under paragraph 7#a71 upon a proper showing1 a permanent or temporary injunction or restraining order shall be granted without bond4 7k7 ,limitations on authority 7#a7 ,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 only4 7#b7 ,previous matters 7,a7 ,in general ,the ,authority and the ,commission may not investigate1 prosecute1 adjudicate1 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 date4 7,b7 ,state racing commission ,with respect to conduct described in subparagraph 7,a71 the applicable ,state racing commission shall retain authority until the final resolution of the matter4 7#c7 ,other laws unaffected ,this ,act shall not be construed to modify1 impair or restrict the operation of the general laws or regulations1 as may be amended from time to time1 of the ,united ,states1 the ,states and their political subdivisions relating to criminal conduct1 cruelty to animals1 matters unrelated to antidoping1 medication control and racetrack and racing safety of covered horses and covered races1 and the use of medication in human participants in covered races4 7l7 ,election for other breed coverage under ,act 7#a7 ,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 ,authority4 ,a ,state racing commission may elect to have a breed covered by this ,act for the applicable ,state only4 7#b7 ,election conditional on funding mechanism ,a commission or organization may not make an election under paragraph 7#a7 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 election4 7#c7 ,apportionment ,the ,authority shall apportion costs described in paragraph 7#b7 in connection with an election under paragraph 7#a7 fairly among all impacted segments of the horseracing industry1 subject to approval by the ,commission in accordance with section #abjd4 ,such apportionment may not provide for the allocation of costs or funds among breeds of horses4 #abjf4 ,horseracing anti-doping and medication control program 7a7 ,program required 7#a7 ,in general ,not later than the program effective date1 and after notice and an opportunity for public comment in accordance with section #abjd1 the ,authority shall establish a horseracing anti-doping and medication control program applicable to all covered horses1 covered persons1 and covered horseraces in accordance with the registration of covered persons under section #abje7;d74 7#b7 ,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 #abje7k71 the ,authority shall consider the unique characteristics of such breed4 7b7 ,considerations in development of program ,in developing the horseracing anti-doping and medication control program1 the ,authority shall take into consideration the following3 7#a7 ,covered horses should compete only when they are free from the influence of medications1 other foreign substances1 and methods that affect their performance4 7#b7 ,covered horses that are injured or unsound should not train or participate in covered races1 and the use of medications1 other foreign substances1 and treatment methods that mask or deaden pain in order to allow injured or unsound horses to train or race should be prohibited4 7#c7 ,rules1 standards1 procedures1 and protocols regulating medication and treatment methods for covered horses and covered races should be uniform and uniformly administered nationally4 7#d7 ,to the extent consistent with this ,act1 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 ,association4 7#e7 ,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 treatment4 7#f7 ,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 process4 7#g7 ,the welfare of covered horses1 the integrity of the sport1 and the confidence of the betting public require full disclosure to regulatory authorities regarding the administration of medications and treatments to covered horses4 7c7 ,activities ,the following activities shall be carried out under the horseracing anti-doping and medication control program3 7#a7 ,standards for anti-doping and medication control ,not later than #abj days before the program effective date1 the ,authority shall issue1 by rule-- 7,a7 uniform standards for-- 7i7 the administration of medication to covered horses by covered persons2 and 7ii7 laboratory testing accreditation and protocols2 and 7,b7 a list of permitted and prohibited medications1 substances1 and methods1 including allowable limits of permitted medications1 substances1 and methods4 7#b7 ,review process for administration of medication ,the development of a review process for the administration of any medication to a covered horse during the #dh-;hour period preceding the next racing start of the covered horse4 7#c7 ,agreement requirements ,the development of requirements with respect to agreements under section #abje7;e74 7#d7 ,anti-doping and medication control enforcement agency 7,a7 ,control rules1 protocols1 etc ,except as provided in paragraph 7#e71 the anti-doping and medication control program enforcement agency under section #abje7;e7 shall1 in consultation with the anti-doping and medication control standing committee of the ,authority and consistent with international best practices1 develop and recommend anti-doping and medication control rules1 protocols1 policies1 and guidelines for approval by the ,authority4 7,b7 ,results management ,the anti-doping and medication control enforcement agency shall conduct and oversee anti-doping and medication control results management1 including independent investigations1 charging and adjudication of potential medication control rule violations1 and the enforcement of any civil sanctions for such violations4 ,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 ,authority1 subject to review in accordance with section #abji4 7,c7 ,testing ,the anti-doping enforcement agency shall perform and manage test distribution planning 7including intelligence-based testing71 the sample collection process1 and in-competition and out-of-competition testing 7including no-advance-notice testing74 7,d7 ,testing laboratories ,the anti-doping and medication control enforcement agency shall accredit testing laboratories based upon the standards established under this ,act1 and shall monitor1 test1 and audit accredited laboratories to ensure continuing compliance with accreditation standards4 7#e7 ,anti-doping and medication control standing committee ,the anti-doping and medication control standing committee shall1 in consultation with the anti-doping and medication control enforcement agency1 develop lists of permitted and prohibited medications1 methods1 and substances for recommendation to1 and approval by1 the ,authority4 ,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 horse4 7d7 ,prohibition ,except as provided in subsections 7e7 and 7f71 the horseracing anti-doping and medication control program shall prohibit the administration of any prohibited or otherwise permitted substance to a covered horse within #dh hours of its next racing start1 effective as of the program effective date4 7e7 ,advisory committee study and report 7#a7 ,in general ,not later than the program effective date1 the ,authority shall convene an advisory committee comprised of horseracing anti-doping and medication control industry experts1 including a member designated by the anti-doping and medication control enforcement agency1 to conduct a study on the use of furosemide on horses during the #dh-;hour period before the start of a race1 including the effect of furosemide on equine health and the integrity of competition and any other matter the ,authority considers appropriate4 7#b7 ,report ,not later than three years after the program effective date1 the ,authority shall direct the advisory committee convened under paragraph 7#a7 to submit to the ,authority a written report on the study conducted under that paragraph that includes recommended changes1 if any1 to the prohibition in subsection 7d74 7#c7 ,modification of prohibition 7,a7 ,in general ,after receipt of the report required by paragraph 7#b71 the ,authority may1 by unanimous vote of the ,board of the ,authority1 modify the prohibition in subsection 7d7 and1 notwithstanding subsection 7f71 any such modification shall apply to all ,states beginning on the date that is three years after the program effective date4 7,b7 ,condition ,in order for a unanimous vote described in subparagraph 7,a7 to effect a modification of the prohibition in subsection 7d71 the vote must include unanimous adoption of each of the following findings3 7i7 ,that the modification is warranted4 7ii7 ,that the modification is in the best interests of horse racing4 7iii7 ,that furosemide has no performance enhancing effect on individual horses4 7iv7 ,that public confidence in the integrity and safety of racing would not be adversely affected by the modification4 7f7 ,exemption 7#a7 ,in general ,except as provided in paragraph 7#b71 only during the three-year period beginning on the program effective date1 a ,state racing commission may submit to the ,authority1 at such time and in such manner as the ,authority may require1 a request for an exemption from the prohibition in subsection 7d7 with respect to the use of furosemide on covered horses during such period4 7#b7 ,exceptions ,an exemption under paragraph 7#a7 may not be requested for-- 7,a7 two-year-old covered horses2 or 7,b7 covered horses competing in stakes races4 7#c7 ,contents of request ,a request under paragraph 7#a7 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 period4 ,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 #a1 #bjbj4 7#d7 ,grant of exemption ,subject to subsection 7e77#c71 the ,authority shall grant an exemption requested under paragraph 7#a7 for the remainder of such period and shall allow the use of furosemide on covered horses in the applicable ,state1 in accordance with the requested limitations4 7g7 ,baseline anti-doping and medication control rules 7#a7 ,in general ,subject to paragraph 7#c71 the baseline anti-doping and medication control rules described in paragraph 7#b7 shall-- 7,a7 constitute the initial rules of the horseracing anti-doping and medication control program2 and 7,b7 except as exempted pursuant to subsections 7e7 and 7f71 remain in effect at all times after the program effective date4 7#b7 ,baseline anti-doping medication control rules described 7,a7 ,in general ,the baseline anti-doping and medication control rules described in this paragraph are the following3 7i7 ,the lists of permitted and prohibited substances 7including drugs1 medications1 and naturally occurring substances and synthetically occurring substances7 in effect for the ,international ,federation of ,horseracing ,authorities1 including the ,international ,federation of ,horseracing ,authorities ,international ,screening ,limits for urine1 dated ,may #bjai1 and the ,international ,federation of ,horseracing ,authorities ,international ,screening ,limits for plasma1 dated ,may #bjai4 7ii7 ,the ,world ,anti-,doping ,agency ,international ,standard for ,laboratories 7version #aj4j71 dated ,november #ab1 #bjai4 7iii7 ,the ,association of ,racing ,commissioners ,international out-of-competition testing standards1 ,model ,rules of ,racing 7version #i4b74 7iv7 ,the ,association of ,racing ,commissioners ,international penalty and multiple medication violation rules1 ,model ,rules of ,racing 7version #f4b74 7,b7 ,conflict of rules ,in the case of a conflict among the rules described in subparagraph 7,a71 the most stringent rule shall apply4 7#c7 ,modifications to baseline rules 7,a7 ,development by anti-doping and medication control standing committee ,the anti-doping and medication control standing committee1 in consultation with the anti-doping and medication control enforcement agency1 may develop and submit to the ,authority for approval by the ,authority proposed modifications to the baseline anti-doping and medication control rules4 7,b7 ,authority approval ,if the ,authority approves a proposed modification under this paragraph1 the proposed modification shall be submitted to and considered by the ,commission in accordance with section #abjd4 7,c7 ,anti-doping and medication control enforcement agency veto authority ,the ,authority shall not approve any proposed modification that renders an anti-doping and medication control rule less stringent than the baseline anti-doping and medication control rules described in paragraph 7#b7 7including by increasing permitted medication thresholds1 adding permitted medications1 removing prohibited medications1 or weakening enforcement mechanisms7 without the approval of the anti-doping and medication control enforcement agency4 #abjg4 ,racetrack ,safety ,program 7a7 ,establishment and considerations 7#a7 ,in general ,not later than the program effective date1 and after notice and an opportunity for public comment in accordance with section #abjd1 the ,authority shall establish a racetrack safety program applicable to all covered horses1 covered persons1 and covered horseraces in accordance with the registration of covered persons under section #abje7;d74 7#b7 ,considerations in development of safety program ,in the development of the horseracing safety program for covered horses1 covered persons1 and covered horseraces1 the ,authority and the ,commission shall take into consideration existing safety standards including the ,national ,thoroughbred ,racing ,association ,safety and ,integrity ,alliance ,code of ,standards1 the ,international ,federation of ,horseracing ,authority's ,international ,agreement on ,breeding1 ,racing1 and ,wagering1 and the ,british ,horseracing ,authority's ,equine ,health and ,welfare program4 7b7 ,elements of horseracing safety program ,the horseracing safety program shall include the following3 7#a7 ,a set of training and racing safety standards and protocols taking into account regional differences and the character of differing racing facilities4 7#b7 ,a uniform set of training and racing safety standards and protocols consistent with the humane treatment of covered horses1 which may include lists of permitted and prohibited practices or methods 7such as crop use74 7#c7 ,a racing surface quality maintenance system that-- 7,a7 takes into account regional differences and the character of differing racing facilities2 and 7,b7 may include requirements for track surface design and consistency and established standard operating procedures related to track surface1 monitoring1 and maintenance 7such as standardized seasonal assessment1 daily tracking1 and measurement74 7#d7 ,a uniform set of track safety standards and protocols1 that may include rules governing oversight and movement of covered horses and human and equine injury reporting and prevention4 7#e7 ,programs for injury and fatality data analysis1 that may include pre- and post-training and race inspections1 use of a veterinarian's list1 and concussion protocols4 7#f7 ,the undertaking of investigations at racetrack and non-racetrack facilities related to safety violations4 7#g7 ,procedures for investigating1 charging1 and adjudicating violations and for the enforcement of civil sanctions for violations4 7#h7 ,a schedule of civil sanctions for violations4 7#i7 ,disciplinary hearings1 which may include binding arbitration1 civil sanctions1 and research4 7#aj7 ,management of violation results4 7#aa7 ,programs relating to safety and performance research and education4 7#ab7 ,an evaluation and accreditation program that ensures that racetracks in the ,united ,states meet the standards described in the elements of the ,horseracing ,safety ,program4 7c7 ,activities ,the following activities shall be carried out under the racetrack safety program3 7#a7 ,standards for racetrack safety ,the development1 by the racetrack safety standing committee of the ,authority in section #abjc7;c77#b7 of uniform standards for racetrack and horseracing safety4 7#b7 ,standards for safety and performance accreditation 7,a7 ,in general ,not later than #abj days before the program effective date1 the ,authority1 in consultation with the racetrack safety standing committee1 shall issue1 by rule in accordance with section #abjd-- 7i7 safety and performance standards of accreditation for racetracks2 and 7ii7 the process by which a racetrack may achieve and maintain accreditation by the ,authority4 7,b7 ,modifications 7i7 ,in general ,the ,authority may modify rules establishing the standards issued under subparagraph 7,a71 as the ,authority considers appropriate4 7ii7 ,notice and comment ,the ,commission shall publish in the ,federal ,register any proposed rule of the ,authority1 and provide an opportunity for public comment with respect to1 any modification under clause 7i7 in accordance with section #abjd4 7,c7 ,extension of provisional or interim accreditation ,the ,authority may1 by rule in accordance with section #abjd1 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 date4 7#c7 ,nationwide safety and performance database 7,a7 ,in general ,not later than one year after the program effective date1 and after notice and an opportunity for public comment in accordance with section #abjd1 the ,authority1 in consultation with the ,commission1 shall develop and maintain a nationwide database of racehorse safety1 performance1 health1 and injury information for the purpose of conducting an epidemiological study4 7,b7 ,collection of information ,in accordance with the registration of covered persons under section #abje7;d71 the ,authority may require covered persons to collect and submit to the database described in subparagraph 7,a7 such information as the ,authority may require to further the goal of increased racehorse welfare4 #abjh4 ,rule violations and civil sanctions 7a7 ,description of rule violations 7#a7 ,in general ,the ,authority shall issue1 by rule in accordance with section #abjd1 a description of safety1 performance1 and anti-doping and medication control rule violations applicable to covered horses and covered persons4 7#b7 ,elements ,the description of rule violations established under paragraph 7#a7 may include the following3 7,a7 ,with respect to a covered horse1 strict liability for covered trainers for-- 7i7 the presence of a prohibited substance or method in a sample or the use of a prohibited substance or method2 7ii7 the presence of a permitted substance in a sample in excess of the amount allowed by the horseracing anti-doping and medication control program2 and 7iii7 the use of a permitted method in violation of the applicable limitations established under the horseracing anti-doping and medication control program4 7,b7 ,attempted use of a prohibited substance or method on a covered horse4 7,c7 ,possession of any prohibited substance or method4 7,d7 ,attempted possession of any prohibited substance or method4 7,e7 ,administration or attempted administration of any prohibited substance or method on a covered horse4 7,f7 ,refusal or failure1 without compelling justification1 to submit a covered horse for sample collection4 7,g7 ,failure to cooperate with the ,authority or an agent of the ,authority during any investigation4 7,h7 ,failure to respond truthfully1 to the best of a covered person's knowledge1 to a question of the ,authority or an agent of the ,authority with respect to any matter under the jurisdiction of the ,authority4 7,i7 ,tampering or attempted tampering with the application of the safety1 performance1 or anti-doping and medication control rules or process adopted by the ,authority1 including-- 7i7 the intentional interference1 or an attempt to interfere1 with an official or agent of the ,authority2 7ii7 the procurement or the provision of fraudulent information to the ,authority or agent2 and 7iii7 the intimidation of1 or an attempt to intimidate1 a potential witness4 7,j7 ,trafficking or attempted trafficking in any prohibited substance or method4 7,k7 ,assisting1 encouraging1 aiding1 abetting1 conspiring1 covering up1 or any other type of intentional complicity involving a safety1 performance1 or anti-doping and medication control rule violation or the violation of a period of suspension or eligibility4 7,l7 ,threatening or seeking to intimidate a person with the intent of discouraging the person from the good faith reporting to the ,authority1 an agent of the ,authority or the ,commission1 or the anti-doping and medication control enforcement agency under section #abje7;e71 of information that relates to-- 7i7 an alleged safety1 performance1 or anti-doping and medication control rule violation2 or 7ii7 alleged noncompliance with a safety1 performance1 or anti-doping and medication control rule4 7b7 ,testing laboratories 7#a7 ,accreditation and standards ,not later than #abj days before the program effective date1 the ,authority shall1 in consultation with the anti-doping and medication control enforcement agency1 establish1 by rule in accordance with section #abjd-- 7,a7 standards of accreditation for laboratories involved in testing samples from covered horses2 7,b7 the process for achieving and maintaining accreditation2 and 7,c7 the standards and protocols for testing such samples4 7#b7 ,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-doping and medication control enforcement agency4 ,the anti-doping 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 tests4 7#c7 ,extension of provisional or interim accreditation ,the ,authority may1 by rule in accordance with section #abjd1 extend provisional or interim accreditation to a laboratory accredited by the ,racing ,medication and ,testing ,consortium1 ,inc41 on a date before the program effective date4 7#d7 ,selection of laboratories 7,a7 ,in general ,except as provided in paragraph 7#b71 a ,state racing commission may select a laboratory accredited in accordance with the standards established under paragraph 7#a7 to test samples taken in the applicable ,state4 7,b7 ,selection by the ,authority ,if a ,state racing commission does not select an accredited laboratory under subparagraph 7,a71 the ,authority shall select such a laboratory to test samples taken in the ,state concerned4 7c7 ,results management and disciplinary process 7#a7 ,in general ,not later than #abj days before the program effective date1 the ,authority shall establish in accordance with section #abjd-- 7,a7 rules for safety1 performance1 and anti-doping and medication control results management2 and 7,b7 the disciplinary process for safety1 performance1 and anti-doping and medication control rule violations4 7#b7 ,elements ,the rules and process established under paragraph 7#a7 shall include the following3 7,a7 ,provisions for notification of safety1 performance1 and anti-doping and medication control rule violations4 7,b7 ,hearing procedures4 7,c7 ,standards for burden of proof4 7,d7 ,presumptions4 7,e7 ,evidentiary rules4 7,f7 ,appeals4 7,g7 ,guidelines for confidentiality and public reporting of decisions4 7#c7 ,due process ,the rules established under paragraph 7#a7 shall provide for adequate due process1 including impartial hearing officers or tribunals commensurate with the seriousness of the alleged safety1 performance1 or anti-doping and medication control rule violation and the possible civil sanctions for such violation4 7d7 ,civil sanctions 7#a7 ,in general ,the ,authority shall establish uniform rules1 in accordance with section #abjd1 imposing civil sanctions against covered persons or covered horses for safety1 performance1 and anti-doping and medication control rule violations4 7#b7 ,requirements ,the rules established under paragraph 7#a7 shall-- 7,a7 take into account the unique aspects of horseracing2 7,b7 be designed to ensure fair and transparent horseraces2 and 7,c7 deter safety1 performance1 and anti-doping and medication control rule violations4 7#c7 ,severity ,the civil sanctions under paragraph 7#a7 may include-- 7,a7 lifetime bans from horseracing1 disgorgement of purses1 monetary fines and penalties1 and changes to the order of finish in covered races2 and 7,b7 with respect to anti-doping and medication control rule violators1 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 ,agency4 7e7 ,modifications ,the ,authority may propose a modification to any rule established under this section as the ,authority considers appropriate1 and the proposed modification shall be submitted to and considered by the ,commission in accordance with section #abjd4 #abji4 ,review of final decisions of the ,authority 7a7 ,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 ,authority1 the ,authority shall promptly submit to the ,commission notice of the civil sanction in such form as the ,commission may require4 7b7 ,review by administrative law judge 7#a7 ,in general ,with respect to a final civil sanction imposed by the ,authority1 on application by the ,commission or a person aggrieved by the civil sanction filed not later than #cj days after the date on which notice under subsection 7a7 is submitted1 the civil sanction shall be subject to de novo review by an administrative law judge4 7#b7 ,nature of review 7,a7 ,in general ,in matters reviewed under this subsection1 the administrative law judge shall determine whether-- 7i7 a person has engaged in such acts or practices1 or has omitted such acts or practices1 as the ,authority has found the person to have engaged in or omitted2 7ii7 such acts1 practices1 or omissions are in violation of this ,act or the anti-doping and medication control or racetrack safety rules approved by the ,commission2 or 7iii7 the final civil sanction of the ,authority was arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with law4 7,b7 ,conduct of hearing ,an administrative law judge shall conduct a hearing under this subsection in such a manner as the ,commission may specify by rule1 which shall conform to section #eef of title #e1 ,united ,states ,code4 7#c7 ,decision by administrative law judge 7,a7 ,in general ,with respect to a matter reviewed under this subsection1 an administrative law judge-- 7i7 shall render a decision not later than #fj days after the conclusion of the hearing2 7ii7 may affirm1 reverse1 modify1 set aside1 or remand for further proceedings1 in whole or in part1 the final civil sanction of the ,authority2 and 7iii7 may make any finding or conclusion that1 in the judgment of the administrative law judge1 is proper and based on the record4 7,b7 ,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 7c74 7c7 ,review by ,commission 7#a7 ,notice of review by ,commission ,the ,commission may1 on its own motion1 review any decision of an administrative law judge issued under subsection 7b77#c7 by providing written notice to the ,authority and any interested party not later than #cj days after the date on which the administrative law judge issues the decision4 7#b7 ,application for review 7,a7 ,in general ,the ,authority or a person aggrieved by a decision issued under subsection 7b77#c7 may petition the ,commission for review of such decision by filing an application for review not later than #cj days after the date on which the administrative law judge issues the decision4 7,b7 ,effect of denial of application for review ,if an application for review under subparagraph 7,a7 is denied1 the decision of the administrative law judge shall constitute the decision of the ,commission without further proceedings4 7,c7 ,discretion of ,commission 7i7 ,in general ,a decision with respect to whether to grant an application for review under subparagraph 7,a7 is subject to the discretion of the ,commission4 7ii7 ,matters to be considered ,in determining whether to grant such an application for review1 the ,commission shall consider whether the application makes a reasonable showing that-- 7,i7 a prejudicial error was committed in the conduct of the proceeding2 or 7,,ii7 the decision involved-- 7aa7 an erroneous application of the anti-doping and medication control or racetrack safety rules approved by the ,commission2 or 7bb7 an exercise of discretion or a decision of law or policy that warrants review by the ,commission4 7#c7 ,nature of review 7,a7 ,in general ,in matters reviewed under this subsection1 the ,commission may-- 7i7 affirm1 reverse1 modify1 set aside1 or remand for further proceedings1 in whole or in part1 the decision of the administrative law judge2 and 7ii7 make any finding or conclusion that1 in the judgement of the ,commission1 is proper and based on the record4 7,b7 ,de novo review ,the ,commission shall review de novo the factual findings and conclusions of law made by the administrative law judge4 7,c7 ,consideration of additional evidence 7i7 ,motion by ,commission ,the ,commission may1 on its own motion1 allow the consideration of additional evidence4 7ii7 ,motion by a party 7,i7 ,in general ,a party may file a motion to consider additional evidence at any time before the issuance of a decision by the ,commission1 which shall show1 with particularity1 that-- 7aa7 such additional evidence is material2 and 7bb7 there were reasonable grounds for failure to submit the evidence previously4 7,,ii7 ,procedure ,the ,commission may-- 7aa7 accept or hear additional evidence2 or 7bb7 remand the proceeding to the administrative law judge for the consideration of additional evidence4 7d7 ,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 stay4 #abaj4 ,unfair or deceptive acts or practices ,the sale of a covered horse1 or of any other horse in anticipation of its future participation in a covered race1 shall be considered an unfair or deceptive act or practice in or affecting commerce under section #e7;a7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77 if the seller-- 7#a7 knows or has reason to know the horse has been administered-- 7,a7 a bisphosphonate prior to the horse's fourth birthday2 or 7,b7 any other substance or method the ,authority determines has a long-term degrading effect on the soundness of the covered horse2 and 7#b7 fails to disclose to the buyer the administration of the bisphosphonate or other substance or method described in paragraph 7#a77;,b74 #abaa4 ,state delegation2 cooperation 7a7 ,state delegation 7#a7 ,in general ,the ,authority may enter into an agreement with a ,state racing commission to implement1 within the jurisdiction of the ,state racing commission1 a component of the racetrack safety program or1 with the concurrence of the anti-doping and medication control enforcement agency under section #abje7;e71 a component of the horseracing anti-doping and medication control program1 if the ,authority determines that the ,state racing commission has the ability to implement such component in accordance with the rules1 standards1 and requirements established by the ,authority4 7#b7 ,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 rule1 standard1 or requirement established by the ,authority4 7b7 ,cooperation ,to avoid duplication of functions1 facilities1 and personnel1 and to attain closer coordination and greater effectiveness and economy in administration of ,federal and ,state law1 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 law1 the ,authority and ,federal or ,state law enforcement authorities shall cooperate and share information4 #abab4 ,determination of ,budgetary ,effects ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,house ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 ,,xiii ,community ,development ,block ,grants #acja4 ,community ,development ,block ,grants 7a7 ,in general ,funds previously made available in chapter #i of title ,x of the ,disaster ,relief ,appropriations ,act1 #bjac 7,public ,law #aac-b1 division ,a2 #abg ,stat4 #cf7 under the heading ,,department ,,of ,,housing ,,and ,,urban ,,development--,community ,planning and ,development--,community ,development ,fund that were available for obligation through fiscal year #bjag are to remain available through fiscal year #bjbc for the liquidation of valid obligations incurred in fiscal years #bjac through #bjag4 7b7 ,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 #aihe are designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,xiv ,,covid-#ai ,consumer ,protection ,act #adja4 ,prohibiting deceptive acts or practices in connection with the novel coronavirus 7a7 ,short title ,this section may be cited as the ,,covid-#ai ,consumer ,protection ,act4 7b7 ,in general ,for the duration of a public health emergency declared pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 as a result of confirmed cases of the #bjai novel coronavirus 7,,covid-#ai71 including any renewal thereof1 it shall be unlawful for any person1 partnership1 or corporation to engage in a deceptive act or practice in or affecting commerce in violation of section #e7;a7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77 that is associated with-- 7#a7 the treatment1 cure1 prevention1 mitigation1 or diagnosis of ,,covid-#ai2 or 7#b7 a government benefit related to ,,covid-#ai4 7c7 ,enforcement by the ,federal ,trade ,commission 7#a7 ,violation ,a violation of subsection 7b7 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of the ,federal ,trade ,commission 7,a7 ,in general ,the ,federal ,trade ,commission shall enforce subsection 7b7 in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 7,b7 ,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 ,act4 7#c7 ,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 law4 7d7 ,severability ,if any provision of this ,act1 or the application thereof to any person or circumstance1 is held invalid1 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 invalidation4 ,,xv ,american ,,compete ,act #aeja4 ,american ,competitiveness ,of a ,more ,productive ,emerging ,tech ,economy 7a7 ,short title ,this title may be cited as the ,american ,competitiveness ,of a ,more ,productive ,emerging ,tech ,economy ,act or the ,american ,,compete ,act4 7b7 ,study to advance artificial intelligence 7#a7 ,in general 7,a7 ,study required ,not later than #a year after the date of enactment of this ,act1 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 economy4 7,b7 ,requirements for study ,in conducting the study1 the ,secretary and the ,commission shall-- 7i7 develop and conduct a survey of the artificial intelligence industry through outreach to participating entities as appropriate to-- 7,i7 establish a list of industry sectors that implement and promote the use of artificial intelligence2 7,,ii7 establish a list of public-private partnerships focused on promoting the adoption and use of artificial intelligence1 as well as industry-based bodies1 including international bodies1 which have developed1 or are developing1 mandatory or voluntary standards for artificial intelligence2 7,,iii7 the status of such industry-based mandatory or voluntary standards2 and 7,,iv7 provide a description of the ways entities or industry sectors implement and promote the use of artificial intelligence2 7ii7 develop a comprehensive list of ,federal agencies with jurisdiction over the entities and industry sectors identified under clause 7i72 7iii7 identify which ,federal agency or agencies listed under clause 7ii7 each entity or industry sector interacts with2 7iv7 identify all interagency activities that are taking place among the ,federal agencies listed under clause 7ii71 such as working groups or other coordinated efforts2 7v7 develop a brief description of the jurisdiction and expertise of the ,federal agencies listed under clause 7ii7 with regard to such entities and industry sectors2 7vi7 identify all regulations1 guidelines1 mandatory standards1 voluntary standards1 and other policies implemented by each of the ,federal agencies identified under clause 7ii71 as well as all guidelines1 mandatory standards1 voluntary standards1 and other policies implemented by industry-based bodies2 7vii7 identify ,federal ,government resources that exist for consumers and small businesses to evaluate the use of artificial intelligence2 and 7viii7 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 7ii74 7#b7 ,marketplace and supply chain survey ,the ,secretary and ,commission shall conduct a survey of the marketplace and supply chain of artificial intelligence to-- 7,a7 identify and assess risks posed to such marketplace and supply chain2 7,b7 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 ,states2 and 7,c7 identify emerging risks and long-term trends in such marketplace and supply chain4 7#c7 ,report to congress ,not later than #f months after the completion of the study required under paragraph 7#a71 the ,secretary and the ,commission shall submit to the ,committee on ,energy and ,commerce and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and make publicly available on their respective websites1 a report that contains-- 7,a7 the results of the study conducted pursuant to paragraph 7#a7 and the survey conducted pursuant to paragraph 7#b72 and 7,b7 recommendations to-- 7i7 grow the ,united ,states economy through the secure advancement of artificial intelligence2 7ii7 develop a national strategy to advance the ,united ,states business sectors' position in the world on the adoption of artificial intelligence2 7iii7 develop strategies to mitigate current and emerging risks to the marketplace and supply chain of artificial intelligence2 and 7iv7 develop legislation that-- 7,i7 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 possible2 and 7,,ii7 addresses societal priorities related to the expeditious adoption of artificial intelligence applications in interstate commerce1 including but not limited to maintaining ethics1 reducing bias1 and protecting privacy and security4 7c7 ,study to advance internet of things in manufacturing 7#a7 ,in general 7,a7 ,study required ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,commerce1 in coordination with the head of any other appropriate ,federal agency1 shall complete a study on the use of internet-connected devices and internet-connected solutions in manufacturing in the ,united ,states4 7,b7 ,requirements for study ,in conducting the study1 the ,secretary shall-- 7i7 develop and conduct a survey of the manufacturing industry through outreach to participating entities as appropriate to-- 7,i7 establish a list of the industry sectors that implement and promote the use of internet-connected devices and internet-connected solutions in manufacturing2 7,,ii7 establish a list of public-private partnerships focused on promoting the adoption and use of internet-connected devices and internet-connected solutions in manufacturing1 as well as industry-based bodies1 including international bodies1 that have developed1 or are developing1 mandatory or voluntary standards for such uses2 7,,iii7 the status of such industry-based mandatory or voluntary standards2 7,,iv7 provide a description of the ways entities or industry sectors implement and promote the use of internet-connected devices and internet-connected solutions in manufacturing2 7ii7 develop a comprehensive list of ,federal agencies with jurisdiction over the entities and industry sectors identified under clause 7i72 7iii7 identify which ,federal agency or agencies listed under clause 7ii7 each entity or industry sector interacts with2 7iv7 identify all interagency activities that are taking place among the ,federal agencies listed under clause 7ii71 such as working groups or other coordinated efforts2 7v7 develop a brief description of the jurisdiction and expertise of the ,federal agencies listed under clause 7ii7 with regard to such entities and industry sectors2 7vi7 identify all regulations1 guidelines1 mandatory standards1 voluntary standards1 and other policies implemented by each of the ,federal agencies identified under clause 7ii71 as well as all guidelines1 mandatory standards1 voluntary standards1 and other policies implemented by industry-based bodies2 and 7vii7 identify ,federal ,government resources that exist for consumers and small businesses to evaluate the use of internet-connected devices and internet-connected solutions in manufacturing4 7#b7 ,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-- 7,a7 assess the severity of risks posed to such marketplace and supply chain2 7,b7 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 ,states2 and 7,c7 identify emerging risks and long-term trends in such marketplace and supply chain4 7#c7 ,report to congress ,not later than #f months after the completion of the study required pursuant to paragraph 7#a71 the ,secretary shall submit to the ,committee on ,energy and ,commerce and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and make publicly available on the website of the ,department of ,commerce1 a report that contains-- 7,a7 the results of the study conducted pursuant to paragraph 7#a7 and the surveys conducted pursuant to paragraph 7#b72 and 7,b7 recommendations to-- 7i7 grow the ,united ,states economy through the secure advancement of the use of internet-connected devices and internet-connected solutions in manufacturing2 7ii7 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 manufacturing2 7iii7 develop strategies to mitigate current and emerging risks to the marketplace and supply chain of internet-connected devices and internet-connected solutions used in manufacturing2 7iv7 develop policies that ,states can adopt to encourage the growth of manufacturing1 including the use of internet-connected devices and internet-connected solutions in manufacturing2 and 7v7 develop legislation that may advance the expeditious adoption of the use of internet-connected devices and internet-connected solutions in manufacturing4 7d7 ,study to advance quantum computing 7#a7 ,in general 7,a7 ,study required ,not later than #a year after the date of enactment of this ,act1 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 economy4 7,b7 ,requirements for study ,in conducting the study1 the ,secretary and the ,commission shall-- 7i7 develop and conduct a survey of the quantum computing industry through outreach to participating entities as appropriate to-- 7,i7 establish a list of industry sectors that implement and promote the use of quantum computing2 7,,ii7 establish a list of public-private partnerships focused on promoting the adoption and use of quantum computing1 as well as industry-based bodies1 including international bodies1 which have developed1 or are developing1 mandatory or voluntary standards for quantum computing2 7,,iii7 the status of such industry-based mandatory or voluntary standards2 and 7,,iv7 provide a description of the ways entities or industry sectors implement and promote the use of quantum computing2 7ii7 develop a comprehensive list of ,federal agencies with jurisdiction over the entities and industry sectors identified under clause 7i72 7iii7 identify which ,federal agency or agencies listed under clause 7ii7 each entity or industry sector interacts with2 7iv7 identify all interagency activities that are taking place among the ,federal agencies listed under clause 7ii71 such as working groups or other coordinated efforts2 7v7 develop a brief description of the jurisdiction and expertise of the ,federal agencies listed under clause 7ii7 with regard to such entities and industry sectors2 7vi7 identify all regulations1 guidelines1 mandatory standards1 voluntary standards1 and other policies implemented by each of the ,federal agencies identified under clause 7ii71 as well as all guidelines1 mandatory standards1 voluntary standards1 and other policies implemented by industry-based bodies2 7vii7 identify ,federal ,government resources that exist for consumers and small businesses to evaluate the use of quantum computing2 and 7viii7 consult with the ,office of ,science and ,technology ,policy and interagency efforts on quantum authorized by sections #ajb and #ajc of the ,national ,quantum ,initiative ,act 7,public ,law #aae-cfh7 to minimize duplication of activities in this subparagraph among the ,federal agencies listed under clause 7ii74 7#b7 ,marketplace and supply chain survey ,the ,secretary and ,commission shall conduct a survey of the marketplace and supply chain of quantum computing to-- 7,a7 assess the severity of risks posed to such marketplace and supply chain2 7,b7 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 ,states2 and 7,c7 identify emerging risks and long-term trends in such marketplace and supply chain4 7#c7 ,report to congress ,not later than #f months after the completion of the study required pursuant to paragraph 7#a71 the ,secretary and the ,commission shall submit to the ,committee on ,energy and ,commerce and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and make publicly available on their respective websites1 a report that contains-- 7,a7 the results of the study conducted pursuant to paragraph 7#a7 and the survey conducted pursuant to paragraph 7#b72 and 7,b7 recommendations to-- 7i7 grow the ,united ,states economy through the secure advancement of quantum computing2 7ii7 develop a national strategy to advance the ,united ,states business sectors' position in the world on the adoption of quantum computing2 7iii7 develop strategies to mitigate current and emerging risks to the marketplace and supply chain of quantum computing2 and 7iv7 develop legislation that may advance the expeditious adoption of quantum computing4 7e7 ,study to advance blockchain technology 7#a7 ,in general 7,a7 ,study required ,not later than #a year after the date of enactment of this ,act1 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 economy4 7,b7 ,requirements for study ,in conducting the study1 the ,secretary and the ,commission shall-- 7i7 develop and conduct a survey of the blockchain technology industry through outreach to participating entities as appropriate to-- 7,i7 establish a list of industry sectors that implement and promote the use of blockchain technology2 7,,ii7 establish a list of public-private partnerships focused on promoting the adoption and use of blockchain technology1 as well as industry-based bodies1 including international bodies1 which have developed1 or are developing1 mandatory or voluntary standards for blockchain technology2 7,,iii7 the status of such industry-based mandatory or voluntary standards2 and 7,,iv7 provide a description of the ways entities or industry sectors implement and promote the use of blockchain technology2 7ii7 develop a comprehensive list of ,federal agencies with jurisdiction over the entities and industry sectors identified under clause 7i72 7iii7 identify which ,federal agency or agencies listed under clause 7ii7 each entity or industry sector interacts with2 7iv7 identify all interagency activities that are taking place among the ,federal agencies listed under clause 7ii71 such as working groups or other coordinated efforts2 7v7 develop a brief description of the jurisdiction and expertise of the ,federal agencies listed under clause 7ii7 with regard to such entities and industry sectors2 7vi7 identify all regulations1 guidelines1 mandatory standards1 voluntary standards1 and other policies implemented by each of the ,federal agencies identified under clause 7ii71 as well as all guidelines1 mandatory standards1 voluntary standards1 and other policies implemented by industry-based bodies2 and 7vii7 identify ,federal ,government resources that exist for consumers and small businesses to evaluate the use of blockchain technology4 7#b7 ,marketplace and supply chain survey ,the ,secretary and ,commission shall conduct a survey of the marketplace and supply chain of blockchain technology to-- 7,a7 assess the severity of risks posed to such marketplace and supply chain2 7,b7 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 ,states2 and 7,c7 identify emerging risks and long-term trends in such marketplace and supply chain4 7#c7 ,report to congress ,not later than #f months after the completion of the study required pursuant to paragraph 7#a71 the ,secretary and the ,commission shall submit to the ,committee on ,energy and ,commerce and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and make publicly available on their respective websites1 a report that contains-- 7,a7 the results of the study conducted pursuant to paragraph 7#a7 and the survey conducted pursuant to paragraph 7#b72 and 7,b7 recommendations to-- 7i7 grow the ,united ,states economy through the secure advancement of blockchain technology2 7ii7 develop a national strategy to advance the ,united ,states business sectors' position in the world on the adoption of blockchain technology2 7iii7 develop strategies to mitigate current and emerging risks to the marketplace and supply chain of blockchain technology2 and 7iv7 develop legislation that may advance the expeditious adoption of blockchain technology4 7f7 ,study to advance new and advanced materials 7#a7 ,in general 7,a7 ,study required ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,commerce and the ,federal ,trade ,commission1 in coordination with the head of any other appropriate ,federal agency1 shall complete a study on the state of new and advanced materials industry1 including synthetically derived or enhanced natural properties1 and the impact of such industry on the ,united ,states economy4 7,b7 ,requirements for study ,in conducting the study1 the ,secretary and the ,commission shall-- 7i7 develop and conduct a survey of the new and advanced materials industry through outreach to participating entities as appropriate to-- 7,i7 establish a list of industry sectors that implement and promote the use of new and advanced materials2 7,,ii7 establish a list of public-private partnerships focused on promoting the adoption and use of new and advanced materials1 as well as industry-based bodies1 including international bodies1 which have developed1 or are developing1 mandatory or voluntary standards for new and advanced materials2 7,,iii7 the status of such industry-based mandatory or voluntary standards2 and 7,,iv7 provide a description of the ways entities or industry sectors implement and promote the use of new and advanced materials2 7ii7 develop a comprehensive list of ,federal agencies with jurisdiction over the entities and industry sectors identified under clause 7i72 7iii7 identify which ,federal agency or agencies listed under clause 7ii7 each entity or industry sector interacts with2 7iv7 identify all interagency activities that are taking place among the ,federal agencies listed under clause 7ii71 such as working groups or other coordinated efforts2 7v7 develop a brief description of the jurisdiction and expertise of the ,federal agencies listed under clause 7ii7 with regard to such entities and industry sectors2 7vi7 identify all regulations1 guidelines1 mandatory standards1 voluntary standards1 and other policies implemented by each of the ,federal agencies identified under clause 7ii71 as well as all guidelines1 mandatory standards1 voluntary standards1 and other policies implemented by industry-based bodies2 and 7vii7 identify ,federal ,government resources that exist for consumers and small businesses to evaluate the use of new and advanced materials4 7#b7 ,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-- 7,a7 assess the severity of risks posed to such marketplace and supply chain2 7,b7 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 ,states2 and 7,c7 identify emerging risks and long-term trends in such marketplace and supply chain4 7#c7 ,report to congress ,not later than #f months after the completion of the study required pursuant to paragraph 7#a71 the ,secretary and the ,commission shall submit to the ,committee on ,energy and ,commerce and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and make publicly available on their respective websites1 a report that contains-- 7,a7 the results of the study conducted pursuant to paragraph 7#a7 and the survey conducted pursuant to paragraph 7#b72 and 7,b7 recommendations to-- 7i7 grow the ,united ,states economy through the secure advancement of new and advanced materials2 7ii7 develop a national strategy to advance the ,united ,states business sectors' position in the world on the adoption of new and advanced materials2 7iii7 develop strategies to mitigate current and emerging risks to the marketplace and supply chain of new and advanced materials2 and 7iv7 develop legislation that may advance the expeditious adoption of new and advanced materials4 7g7 ,study to advance unmanned delivery services 7#a7 ,in general 7,a7 ,study required ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,commerce1 in coordination with the head of any other appropriate ,federal agency1 shall complete a study on the impact of unmanned delivery services on ,united ,states businesses conducting interstate commerce4 7,b7 ,requirements for study ,in conducting the study1 the ,secretary shall do the following3 7i7 ,conduct a survey through outreach to participating entities to-- 7,i7 establish a list of the industry sectors that develop and use unmanned delivery services1 including the use of autonomous vehicles1 drones1 and robots2 7,,ii7 review how unmanned delivery services are currently being used and any potential future applications of such services2 7,,iii7 identify any challenges to the development and adoption of unmanned delivery services2 7,,iv7 review how such services may be used to-- 7aa7 deliver groceries1 meals1 medications1 and other necessities to senior citizens1 people with disabilities1 and people without access to traditional public transportation2 7bb7 address challenges public health emergencies present1 including delivering groceries1 meals1 medications1 medical supplies1 and other necessities during such emergencies2 and 7cc7 any other potential use of such services2 7,v7 identify any safety risks associated with the adoption of unmanned delivery services on roads1 in the air1 or other environments1 including any dangers posed to pedestrians1 bicyclists1 motorcyclists1 motorists1 or property2 7,,vi7 identify the effect of unmanned delivery services on traffic safety and congestion2 7,,vii7 evaluate the extent to which software1 technology1 and infrastructure behind unmanned delivery services are developed and manufactured in the ,united ,states2 7,,viii7 identify the number and types of jobs that may be lost or substantially changed due to the development and adoption of unmanned delivery services2 7,,ix7 identify the number and types of jobs that may be created due to the development and adoption of unmanned delivery services2 and 7,x7 evaluate the effect of the adoption unmanned delivery services on job quality for low1 middle1 and high-skilled workers4 7ii7 ,develop and conduct a survey of ,federal activity related to unmanned delivery services to-- 7,i7 establish a list of ,federal agencies asserting jurisdiction over industry sectors identified under clause 7i77,,ii72 7,,ii7 develop a brief description of the jurisdiction and expertise of the ,federal agencies regarding unmanned delivery services2 and 7,,iii7 identify all interagency activities regarding unmanned delivery services4 7iii7 ,conduct a survey of the marketplace and supply chain of unmanned delivery services to-- 7,i7 assess the severity of risks posed to such marketplace and supply chain2 7,,ii7 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 ,states2 and 7,,iii7 identify emerging risks and long-term trends in such marketplace and supply chain4 7,c7 ,report to congress ,not later than #f months after the completion of the study required pursuant to paragraph 7#a71 the ,secretary1 in coordination with the head of any other appropriate ,federal agency1 shall submit to the ,committee on ,energy and ,commerce and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and make publicly available on the website of the ,department of ,commerce1 a report that contains-- 7i7 the results of the study conducted under paragraph 7#a72 and 7ii7 recommendations to-- 7,i7 develop and implement a comprehensive plan to promote the development and adoption of unmanned delivery services in the ,united ,states2 7,,ii7 develop policies that ,states can adopt to encourage the development and adoption of unmanned delivery services2 7,,iii7 develop a national strategy to advance the ,united ,states position in the world on the development and adoption of unmanned delivery services1 and manufacture of technology behind unmanned delivery services2 7,,iv7 develop strategies to mitigate current and emerging risks to the marketplace and supply chain of unmanned delivery services2 and 7,v7 develop legislation to accomplish such recommendations4 7h7 ,study to advance internet of things 7#a7 ,study ,the ,secretary of ,commerce shall conduct a study on the state of the internet-connected devices industry 7commonly known as the ,internet of ,things7 in the ,united ,states4 ,in conducting the study1 the ,secretary shall-- 7,a7 develop and conduct a survey of the internet-connected devices industry through outreach to participating entities as appropriate1 including-- 7i7 a list of the industry sectors that develop internet-connected devices2 7ii7 a list of public-private partnerships focused on promoting the adoption and use of internet-connected devices1 as well as industry-based bodies1 including international bodies1 which have developed1 or are developing1 mandatory or voluntary standards for internet-connected devices2 7iii7 the status of the industry-based mandatory or voluntary standards identified in clause 7ii72 and 7iv7 a description of the ways entities or industry sectors develop1 use1 or promote the use of internet-connected devices2 7,b7 develop a comprehensive list of ,federal agencies with jurisdiction over the entities and industry sectors identified under subparagraph 7,a72 7,c7 identify which ,federal agency or agencies listed under subparagraph 7,b7 each entity or industry sector interacts with2 7,d7 identify all interagency activities that are taking place among the ,federal agencies listed under subparagraph 7,b71 such as working groups or other coordinated efforts2 7,e7 develop a brief description of the jurisdiction and expertise of the ,federal agencies listed under subparagraph 7,b7 with regard to such entities and industry sectors2 7,f7 identify all regulations1 guidelines1 mandatory standards1 voluntary standards1 and other policies implemented by each of the ,federal agencies identified under subparagraph 7,b71 as well as all guidelines1 mandatory standards1 voluntary standards1 and other policies implemented by industry-based bodies2 and 7,g7 identify ,federal ,government resources that exist for consumers and small businesses to evaluate internet-connected devices4 7#b7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,commerce and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and make publicly available on the website of the ,department of ,commerce1 a report that contains-- 7,a7 the results of the study conducted under paragraph 7#a72 and 7,b7 recommendations of the ,secretary for growth of the ,united ,states economy through the secure advancement of internet-connected devices4 7#c7 ,definitions ,in this subsection-- 7,a7 the term ,federal agency means an agency1 as defined in section #eea of title #e1 ,united ,states ,code2 and 7,b7 the term internet-connected device means a physical object that-- 7i7 is capable of connecting to the internet1 either directly or indirectly through a network1 to communicate information at the direction of an individual2 and 7ii7 has computer processing capabilities for collecting1 sending1 receiving1 or analyzing data4 7i7 ,study to advance three-dimensional printing 7#a7 ,in general 7,a7 ,study required ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,commerce1 in coordination with the head of any other appropriate ,federal agency1 shall complete a study on the state of the three-dimensional printing industry and the impact of such industry on the ,united ,states economy4 7,b7 ,requirements for study ,in conducting the study1 the ,secretary shall-- 7i7 develop and conduct a survey of the three-dimensional printing industry through outreach to participating entities as appropriate to-- 7,i7 establish a list of industry sectors that implement and promote the use of three-dimensional printing2 7,,ii7 establish a list of public-private partnerships focused on promoting the adoption and use of three-dimensional printing1 as well as industry-based bodies1 including international bodies1 which have developed1 or are developing1 mandatory or voluntary standards for three-dimensional printing2 7,,iii7 the status of such industry-based mandatory or voluntary standards2 and 7,,iv7 provide a description of the ways entities or industry sectors implement and promote the use of three-dimensional printing2 7ii7 develop a comprehensive list of ,federal agencies with jurisdiction over the entities and industry sectors identified under clause 7i72 7iii7 identify which ,federal agency or agencies listed under clause 7ii7 each entity or industry sector interacts with2 7iv7 identify all interagency activities that are taking place among the ,federal agencies listed under clause 7ii71 such as working groups or other coordinated efforts2 7v7 develop a brief description of the jurisdiction and expertise of the ,federal agencies listed under clause 7ii7 with regard to such entities and industry sectors2 7vi7 identify all regulations1 guidelines1 mandatory standards1 voluntary standards1 and other policies implemented by each of the ,federal agencies identified under clause 7ii71 as well as all guidelines1 mandatory standards1 voluntary standards1 and other policies implemented by industry-based bodies2 and 7vii7 identify ,federal ,government resources that exist for consumers and small businesses to evaluate the use of three-dimensional printing4 7#b7 ,marketplace and supply chain survey ,the ,secretary shall conduct a survey of the marketplace and supply chain of three-dimensional printing to-- 7,a7 assess the severity of risks posed to such marketplace and supply chain2 7,b7 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 ,states2 and 7,c7 identify emerging risks and long-term trends in such marketplace and supply chain4 7#c7 ,report to ,congress ,not later than #f months after the completion of the study required pursuant to paragraph 7#a71 the ,secretary shall submit to the ,committee on ,energy and ,commerce and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and make publicly available on the website of the ,department of ,commerce1 a report that contains-- 7,a7 the results of the study conducted pursuant to paragraph 7#a7 and the survey conducted pursuant to paragraph 7#b72 and 7,b7 recommendations to-- 7i7 grow the ,united ,states economy through the secure advancement of three-dimensional printing2 7ii7 develop a national strategy to advance the ,united ,states business sectors' position in the world on the adoption of three-dimensional printing2 7iii7 develop strategies to mitigate current and emerging risks to the marketplace and supply chain of three-dimensional printing2 and 7iv7 develop legislation that may advance the expeditious adoption of three-dimensional printing4 7j7 ,study to combat online harms through innovation 7#a7 ,in general 7,a7 ,study required ,not later than #a year after the date of enactment of this ,act1 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 7,b74 7,b7 ,requirements for study ,in conducting the study1 the ,commission shall consider whether and how artificial intelligence may be used to identify1 remove1 or take any other appropriate action necessary to address the following online harms3 7i7 ,deceptive and fraudulent content intended to scam or otherwise harm individuals1 including such practices directed at senior citizens4 7ii7 ,manipulated content intended to mislead individuals1 including deepfake videos and fake individual reviews4 7iii7 ,website or mobile application interfaces designed to intentionally mislead or exploit individuals4 7iv7 ,illegal content online1 including the illegal sale of opioids1 child sexual exploitation and abuse1 revenge pornography1 harassment1 cyberstalking1 hate crimes1 the glorification of violence or gore1 and incitement of violence4 7v7 ,terrorist and violent extremists' abuse of digital platforms1 including the use of such platforms to promote themselves1 share propaganda1 and glorify real-world acts of violence4 7vi7 ,disinformation campaigns coordinated by inauthentic accounts or individuals to influence ,united ,states elections4 7vii7 ,the sale of counterfeit products4 7#b7 ,report to ,congress ,not later than #f months after the completion of the study required pursuant to paragraph 7#a71 the ,commission shall submit to the ,committee on ,energy and ,commerce and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and make publicly available on its website1 a report that contains-- 7,a7 the results of the study conducted under paragraph 7#a72 7,b7 recommendations on how artificial intelligence may be used to address the online harms described in paragraph 7#a77;,b72 7,c7 recommendations on what reasonable policies1 practices1 and procedures may be implemented to utilize artificial intelligence to address such online harms2 and 7,d7 recommendations for any legislation that may advance the adoption and use of artificial intelligence to address such online harms4 7k7 ,combination of studies authorized ,the ,secretary of ,commerce and the ,federal ,trade ,commission1 after notifying the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 may combine any of the studies required pursuant to this ,act4 7l7 ,protection of national security 7#a7 ,information exempt from public disclosure ,nothing in this ,act shall be construed to require the disclosure of information1 records1 or reports that are exempt from public disclosure under section #eeb of title #e1 ,united ,states ,code1 or that may be withheld under section #eeb;a of title #e1 ,united ,states ,code4 7#b7 ,classified and certain other information ,nothing in this ,act shall be construed to require the publication1 on a website or otherwise1 of any report containing information that is classified1 or the public release of which could have a harmful effect on national security4 7#c7 ,form of reports to ,congress ,in the case of each report that is required by this ,act to be submitted to a committee of ,congress1 such report shall be submitted in unclassified form1 but may include a classified annex4 7#d7 ,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 ,congress1 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 ,senate4 7m7 ,appropriations required ,this ,act is subject to appropriations that may be available for the ,department of ,commerce or the ,federal ,trade ,commission1 as applicable4 ,,xvi ,recording of ,certain ,obligations by the ,department of ,veterans ,affairs #afja4 ,recording of ,obligations ,hereafter1 subject to the availability of appropriations1 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 #ch1 ,united ,states ,code1 or ,acts making appropriations for the ,department of ,veterans ,affairs1 on the date on which the ,secretary approves3 7i7 a claim by a health care provider for payment or 7ii7 a voucher1 invoice1 or request for payment from a vendor for services rendered under a contract3 ,provided1 ,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 enacted1 this title shall not provide 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 appropriation3 ,provided further1 ,that this title shall take effect as if enacted on ,october #a1 #bjah3 ,provided further1 ,that not later than #cj days after the date of enactment of this ,act1 the ,department of ,veterans ,affairs1 in consultation with the ,office of ,management and ,budget1 shall submit a report to the ,president and the ,congress1 similar to the report required pursuant to #ca ,u4,s4,c4 #acea1 detailing how1 in the absence of the enactment of this title1 the expenditures or obligations would have exceeded the amount available in fiscal year #bjai and fiscal year #bjbj in the ,medical ,community ,care appropriation3 ,provided further1 ,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 #bjba and future fiscal years pursuant to the recording of obligations required by this title4 ,,xvii ,sudan ,claims ,resolution #agja4 ,short title ,this title may be cited as the ,sudan ,claims ,resolution ,act4 #agjb4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,united ,states should support ,sudan's democratic transition1 particularly in light of the country's dire economic situation1 and this is a critical moment to address longstanding issues in the relationship between the ,united ,states and ,sudan2 7#b7 as part of the process of restoring normal relations between ,sudan and the ,united ,states1 ,congress supports efforts to provide meaningful compensation to individuals employed by or serving as contractors for the ,united ,states ,government1 as well as their family members1 who personally have been awarded by a ,united ,states ,district ,court a judgment for compensatory damages against ,sudan2 and 7#c7 the terrorism-related claims of victims and family members of the ,september #aa1 #bjja1 terrorist attacks must be preserved and protected4 #agjc4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations and the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs and the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,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 ,sudan1 done at ,washington1 ,d4,c41 on ,october #cj1 #bjbj1 including all annexes1 appendices1 side letters1 related agreements1 and instruments for implementation1 including the escrow agreement among the ,central ,bank of ,sudan1 the ,federal ,reserve ,bank of ,new ,york1 and the escrow agent appointed thereby1 as well as the escrow conditions release agreement1 set out in an exchange of diplomatic notes between the ,united ,states and ,sudan on ,october #ba1 #bjbj1 and subsequently amended on ,december #ai1 #bjbj4 7#c7 ,foreign national ,the term foreign national means an individual who is not a citizen of the ,united ,states4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,state4 7#e7 ,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 terrorism1 for purposes of-- 7,a7 section #aged7;c77#a77;,a77i7 of the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhac7;c77#a77;,a77i772 7,b7 section #fbj;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga72 7,c7 section #dj7;d7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj7;d772 or 7,d7 any other provision of law4 7#f7 ,sudan ,the term ,sudan means the ,government of the ,republic of the ,sudan4 #agjd4 ,receipt of adequate funds2 immunities of ,sudan 7a7 ,immunity 7#a7 ,in general ,subject to section #agjf1 and notwithstanding any other provision of law1 upon submission of a certification described in paragraph 7#b7-- 7,a7 ,sudan1 an agency or instrumentality of ,sudan1 and the property of ,sudan or an agency or instrumentality of ,sudan1 shall not be subject to the exceptions to immunity from jurisdiction1 liens1 attachment1 and execution under section #afje7;a77#g7 7as such section was in effect on ,january #bg1 #bjjh7 or section #afje;,a or #afaj 7insofar as section #afaj relates to a judgment under such section #afje7;a77#g7 or #afje;,a7 of title #bh1 ,united ,states ,code2 7,b7 section #afje;,a7c7 of title #bh1 ,united ,states ,code1 section #ajhc7;c7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjh 7,public ,law #aaj-aha2 #bh ,u4,s4,c4 #afje;,a note71 section #ehi of the ,foreign ,operations1 ,export ,financing1 and ,related ,programs ,appropriations ,act1 #aiig 7,public ,law #ajd-bjh2 #bh ,u4,s4,c4 #afje note71 and any other private right of action relating to acts by a state sponsor of terrorism arising under ,federal1 ,state1 or foreign law shall not apply with respect to claims against ,sudan1 or any of its agencies1 instrumentalities1 officials1 employees1 or agents in any action in a ,federal or ,state court2 and 7,c7 any attachment1 decree1 lien1 execution1 garnishment1 or other judicial process brought against property of ,sudan1 or property of any agency1 instrumentality1 official1 employee1 or agent of ,sudan1 in connection with an action that is precluded by subparagraph 7,a7 or 7,b7 shall be void4 7#b7 ,certification ,a certification described in this paragraph is a certification by the ,secretary to the appropriate congressional committees stating that-- 7,a7 the ,august #ab1 #aiic1 designation of ,sudan as a state sponsor of terrorism has been formally rescinded2 7,b7 ,sudan has made final payments with respect to the private settlement of the claims of victims of the ,u4,s4,s4 ,cole attack2 and 7,c7 the ,united ,states ,government has received funds pursuant to the claims agreement that are sufficient to ensure-- 7i7 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 #a1 #bjjh2 7ii7 meaningful compensation for claims of citizens of the ,united ,states 7other than individuals described in section #agjg7;a77#a77 for wrongful death or physical injury in cases arising out of the ,august #g1 #aiih1 bombings of the ,united ,states embassies located in ,nairobi1 ,kenya1 and ,dar es ,salaam1 ,tanzania2 and 7iii7 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 7ii74 7b7 ,scope ,subject to section #agjf1 subsection 7a7 of this section shall apply to all conduct and any event occurring before the date of the certification described in subsection 7a77#b71 regardless of whether1 or the extent to which1 application of that subsection affects any action filed before1 on1 or after that date4 7c7 ,authority of the ,secretary ,the certification by the ,secretary referred to in subsection 7a77#b7 may not be delegated and may not be subject to judicial review4 #agje4 ,reauthorization of and modifications to ,united ,states ,victims of ,state ,sponsored ,terrorism ,fund 7a7 ,in general ,the ,justice for ,united ,states ,victims of ,state ,sponsored ,terrorism ,act 7#cd ,u4,s4,c4 #bjadd7 is amended-- 7#a7 in subsection 7c77#b77;,a77i71 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 7ii7 occurred or was so designated as a result of such acts2 7#b7 in subsection 7e77#f71 by striking ,january #b1 #bjcj each place it appears and inserting ,january #b1 #bjci2 and 7#c7 in subsection 7j77#f71 in the first sentence1 by inserting after final judgment the following3 1 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 ,sudan4 7b7 ,lump sum catch-up payments for #i_/aa victims1 #i_/aa spouses1 and #i_/aa dependents ,subsection 7d77#d7 of the ,justice for ,united ,states ,victims of ,state ,sponsored ,terrorism ,act 7#cd ,u4,s4,c4 #bjadd7 is amended-- 7#a7 in subparagraph 7,a71 by striking subparagraph 7,b7 and inserting subparagraphs 7,b7 and 7,c72 and 7#b7 by adding at the end the following3 7,c7 ,lump sum catch-up payments for #i_/aa victims1 #i_/aa spouses1 and #i_/aa dependents 7i7 ,in general ,not later than #ij days after the date of enactment of this subparagraph1 and in accordance with clauses 7i7 and 7ii7 of subsection 7d77#c77;,a71 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 #i_/aa victims1 #i_/aa spouses1 and #i_/aa dependents who have submitted applications in accordance with subparagraph 7,b7 in amounts that1 after receiving the lump sum catch-up payments1 would result in the percentage of the claims of #i_/aa victims1 #i_/aa spouses1 and #i_/aa dependents received from the ,fund being equal to the percentage of the claims of #i_/aa family members received from the ,fund1 as of the date of enactment of this subparagraph4 7ii7 ,public comment ,the ,comptroller ,general shall provide an opportunity for public comment for a #cj-;day period beginning on the date on which the notice is published under clause 7i74 7iii7 ,report ,not later than #cj days after the expiration comment period in clause 7ii71 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,senate1 the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,house of ,representatives1 and the ,special ,master a report that includes the determination of the ,comptroller ,general on-- 7,i7 the amount of the lump sum catch-up payment for each #i_/aa victim2 7,,ii7 the amount of the lump sum catch-up payment for each #i_/aa spouse2 7,,iii7 the amount of the lump sum catch-up payment for each #i_/aa dependent2 and 7,,iv7 the total amount of lump sum catch-up payments described in subclauses 7,i7 through 7,,iii74 4 #agjf4 ,preservation of certain pending international terrorism claims against ,sudan 7a7 ,findings ,congress makes the following findings3 7#a7 ,it is the long-standing policy of the ,united ,states that civil lawsuits against those who support1 aid and abet1 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 justice1 transparency1 and accountability4 7#b7 ,neither the claims agreement1 nor any other aspect of the effort to normalize relations with ,sudan-- 7,a7 resolved claims against ,sudan involving victims and family members of the ,september #aa1 #bjja1 terrorist attacks2 or 7,b7 otherwise advanced the interests of the victims and family members of the ,september #aa1 #bjja1 terrorist attacks4 7#c7 ,the claims referenced in paragraph 7#b77;,a7 remain pending in the multidistrict proceeding #jc-,,mdl-#aegj in the ,united ,states ,district ,court for the ,southern ,district of ,new ,york1 and subsection 7c7 preserves and protects those claims4 7b7 ,sense of ,congress ,it is the sense of ,congress that the executive branch should not file a ,statement of ,interest or any other submission1 or intervene in any other way1 in the multidistrict proceeding #jc-,,mdl-#aegj1 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 ,act1 if such action would disadvantage terrorism victims4 7c7 ,in general ,nothing in this ,act shall apply to1 be construed to apply to1 or otherwise affect-- 7#a7 any claim in any of the proceedings comprising the multidistrict proceeding #jc-,,mdl-#aegj in the ,united ,states ,district ,court for the ,southern ,district of ,new ,york brought by any person who1 as of the date of the enactment of this ,act1 has a claim pending against ,sudan 7including as a member of a class certified under ,rule #bc of the ,federal ,rules of ,civil ,procedure or as a putative member of such a class pending certification72 or 7#b7 the enforcement of any judgment in favor of such person entered in such proceeding4 7d7 ,applicable law ,proceedings described in subsection 7c7 shall be governed by applicable law in effect before the date of the enactment of this ,act1 including-- 7#a7 chapter #ig of title #bh1 ,united ,states ,code 7commonly known as the ,foreign ,sovereign ,immunities ,act of #aigf71 including #bh ,u4,s4,c4 #afje;,a note2 7#b7 section #bja of the ,terrorism ,risk ,insurance ,act of #bjjb 7,public ,law #ajg-big2 #bh ,u4,s4,c4 #afaj note71 with respect to any asset that1 on or after the date of enactment of this ,act1 is designated as a blocked asset 7as defined in subsection 7d77#b7 of that section72 7#c7 rules governing the rights of parties to amend pleadings2 and 7#d7 other relevant provisions of law4 7e7 ,rule of construction ,nothing in this section shall alter1 impact the interpretation of1 or otherwise affect-- 7#a7 any section of chapter #ig of title #bh1 ,united ,states ,code2 or 7#b7 any other provision of law4 #agjg4 ,compensation for certain naturalized ,united ,states citizens and foreign nationals 7a7 ,compensation 7#a7 ,in general ,there is authorized to be appropriated #aej1jjj1jjj for payment of compensation1 notwithstanding any other provision of law1 to any individual who-- 7,a7 has been awarded a judgment in any of the cases set forth in section 7c7 of the ,annex to the claims agreement2 and 7,b7 is-- 7i7 a ,united ,states employee or contractor injured in connection with the bombings of the ,united ,states embassies located in ,nairobi1 ,kenya1 and ,dar es ,salaam1 ,tanzania1 who became a ,united ,states citizen after ,august #g1 #aiih1 and before the date of the enactment of this ,act2 7ii7 a family member-- 7,i7 of a ,united ,states employee or contractor injured in connection with the bombings of the ,united ,states embassies located in ,nairobi1 ,kenya1 and ,dar es ,salaam1 ,tanzania2 and 7,,ii7 who is a ,united ,states citizen as of the date of the enactment of this ,act2 or 7iii7 a family member-- 7,i7 of a foreign national ,united ,states employee or contractor killed during those bombings2 and 7,,ii7 who is a ,united ,states citizen as of the date of the enactment of this ,act4 7#b7 ,payments ,with the requirement of achieving parity in compensation between individuals who became ,united ,states citizens after ,august #g1 #aiih1 and individuals who were ,united ,states citizens on or before ,august #g1 #aiih1 payment of compensation under paragraph 7#a7 to-- 7,a7 an individual described in paragraph 7#a77;,b77i7 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 #g1 #aiih2 7,b7 an individual described in paragraph 7#a77;,b77ii7 shall be on an equal basis to compensation provided to a family member of an individual described in subparagraph 7,a72 and 7,c7 an individual described in paragraph 7#a77;,b77iii7 shall be on an equal1 or1 where applicable1 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 bombings4 7b7 ,distribution and requirements 7#a7 ,distribution ,the ,secretary shall distribute payments from funds made available to carry out subsection 7a77#a7 to individuals described in that subsection4 7#b7 ,authorization letter ,not later than ,december #ca1 #bjba1 the ,secretary shall send a letter to each individual who will receive payment under paragraph 7#a7 informing the individual of the amount of compensation the individual will receive pending the execution of any writings under paragraph 7#c71 and the standards used to determine compensation under subsection 7a77#b71 taking into account the individual's final judgment amount4 7#c7 ,requirement before distribution ,before making a payment to an individual under paragraph 7#a71 and after the delivery of the authorization letter under paragraph 7#b71 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 with1 and any claims against the ,united ,states related to1 any claim1 suit1 or action specified in ,article ,,ii of the claims agreement4 7c7 ,foreign nationals ,notwithstanding any other provision of law or the claims agreement-- 7#a7 individuals described in subsection 7a77#a7 are not eligible to receive any compensation as provided by ,sudan pursuant to ,article ,,iii of the claims agreement2 and 7#b7 the funds provided by ,sudan for distribution of compensation to such individuals pursuant to the ,annex of the claims agreement shall be redistributed-- 7,a7 among all other individuals eligible for compensation under section 7c7 of the ,annex to the claims agreement consistent with the principles set out in that ,annex2 or 7,b7 if ,sudan and the foreign nationals eligible for compensation reach a private settlement1 then pursuant to the terms of that settlement4 7d7 ,department of ,state reporting requirements 7#a7 ,initial report ,not later than #ij days after the date of the enactment of this ,act1 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 7a77#a71 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 subsection4 7#b7 ,updated report ,not later than ,december #ca1 #bjba1 the ,secretary shall submit to the appropriate congressional committees a report describing-- 7,a7 whether the distribution plan described in paragraph 7#a7 was carried out2 and 7,b7 whether compensation levels were provided as described in the report required by paragraph 7#a74 7e7 ,comptroller ,general report ,not later than ,december #ca1 #bjbb1 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 ,state1 including whether-- 7#a7 all distributions were made in accordance with the requirements of subsections 7a71 7b71 and 7c72 and 7#b7 all individuals described in subsection 7a77#a7 received compensation from amounts made available to carry out that subsection in the manner described in subsection 7a77#b74 #agjh4 ,treaty and executive agreement practice 7a7 ,findings ,congress makes the following findings3 7#a7 ,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 ,states4 7#b7 ,all legislative powers of the ,federal ,government1 including on matters of foreign relations1 are vested in the ,congress of the ,united ,states pursuant to section #a of ,article ,i of the ,constitution4 7#c7 ,the executive branch may not direct ,congress to take any action1 nor may it convey any legislative or other power assigned to ,congress under the ,constitution to any entity1 domestic or foreign4 7#d7 ,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 text4 7#e7 ,congress rejected the approach described in paragraph 7#d74 7#f7 ,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 text4 7b7 ,amendment to ,case-,zablocki ,act ,section #aab;b of title #a1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,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 action4 4 ,,xviii ,theodore ,roosevelt ,presidential ,library ,conveyance ,act of #bjbj #ahja4 ,short title ,this title may be cited as the ,theodore ,roosevelt ,presidential ,library ,conveyance ,act of #bjbj4 #ahjb4 ,definitions ,in this ,act3 7#a7 ,map ,the term map means the map entitled ,project ,number ,p#jhabb-bjaf-jji1 depicting a #ic acre site in sections #ba and #bh1 ,t4 #adj ,n41 ,r4 #ajb ,w41 ,billings ,county1 ,north ,dakota1 and dated ,december #h1 #bjbj4 7#b7 ,presidential ,library ,the term ,presidential ,library means the ,theodore ,roosevelt ,presidential ,library ,foundation1 a ,north ,dakota nonprofit corporation4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service4 #ahjc4 ,conveyance of certain ,national ,forest ,system land to the ,presidential ,library 7a7 ,conveyance ,subject to this section1 if the ,presidential ,library submits to the ,secretary not later than #a year after the date of enactment of this ,act a written request for the conveyance of the approximately #ic acres of ,national ,forest ,system land1 as generally depicted on the map1 the ,secretary shall1 on the earliest date practicable1 convey to the ,presidential ,library by quitclaim deed all right1 title1 and interest of the ,united ,states in and to that land4 7b7 ,consideration ,as consideration for the conveyance of land under subsection 7a71 the ,presidential ,library shall pay to the ,secretary an amount equal to the market value of the land1 as determined by the appraisal conducted under subsection 7d74 7c7 ,terms and conditions ,the conveyance under subsection 7a7 shall be subject to-- 7#a7 valid existing rights2 7#b7 the reservation of easements1 as depicted on the map1 for public use on-- 7,a7 the ,maah ,dah ,hey ,national ,trail2 and 7,b7 ,forest ,service ,road #gdga and the unnumbered ,forest ,service road2 and 7#c7 any other terms and conditions that the ,secretary considers appropriate to protect the interests of the ,united ,states4 7d7 ,appraisal ,the ,secretary shall conduct an appraisal of the land to be conveyed under subsection 7a7 in accordance with-- 7#a7 the ,uniform ,appraisal ,standards for ,federal ,land ,acquisitions2 7#b7 the ,uniform ,standards of ,professional ,appraisal ,practice2 and 7#c7 any other applicable law 7including regulations74 7e7 ,costs of conveyance ,as a condition for the conveyance under subsection 7a71 and in addition to the consideration paid under subsection 7b71 the ,presidential ,library shall pay all costs associated with the conveyance1 including-- 7#a7 the survey to ,federal standards described in subsection 7f72 and 7#b7 the appraisal conducted under subsection 7d74 7f7 ,survey ,the exact acreage and legal description of the land to be conveyed under subsection 7a7 shall be determined by a survey satisfactory to the ,secretary4 7g7 ,deposit and use of proceeds ,all funds received under subsection 7b7 shall be-- 7#a7 deposited in the fund established by ,public ,law #ij-aga 7commonly known as the ,sisk ,act7 7#af ,u4,s4,c4 #dhd;a72 and 7#b7 available to the ,secretary1 until expended1 for the acquisition of land or interests in land for inclusion in the ,national ,forest ,system in the ,state of ,north ,dakota4 ,,xix ,united ,states-,mexico ,economic ,partnership ,act #aija4 ,short title ,this title may be cited as the ,united ,states-,mexico ,economic ,partnership ,act4 #aijb4 ,findings ,congress finds the following3 7#a7 ,the ,united ,states and ,mexico have benefitted from a bilateral1 mutually beneficial partnership focused on advancing the economic interests of both countries4 7#b7 ,in #bjac1 ,mexico adopted major energy reforms that opened its energy sector to private investment1 increasing energy cooperation between ,mexico and the ,united ,states and opening new opportunities for ,united ,states energy engagement4 7#c7 ,on ,january #ah1 #bjah1 the ,principal ,deputy ,assistant ,secretary for ,educational and ,cultural ,affairs at the ,department of ,state stated1 ,our exchange programs build enduring relationships and networks to advance ,u4,s4 national interests and foreign policy goals ''' ,the role of our exchanges ''' in advancing ,u4,s4 national security and economic interests enjoys broad bipartisan support from ,congress and other stakeholders1 and provides a strong return on investment44 7#d7 ,according to the ,institute of ,international ,education1 in the #bjae-bjaf academic year1 more than #ef1jjj ,united ,states students studied in other countries in the ,western ,hemisphere region while more than #hd1jjj non-,united ,states students from the region studied in the ,united ,states1 but only #e1jjj of those ,united ,states students studied in ,mexico and only #af1jjj of those non-,united ,states students were from ,mexico4 #aijc4 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to continue deepening economic cooperation between the ,united ,states and ,mexico2 7#b7 to seek to prioritize and expand educational and professional exchange programs with ,mexico1 including through frameworks such as the #ajj1jjj ,strong in the ,americas ,initiative1 the ,young ,leaders of the ,americas ,initiative1 ,jvenes en ,accin 7,youth in ,action71 the ,fulbright ,foreign ,student ,program1 and the ,fulbright ,visiting ,scholar ,program2 and 7#c7 to promote positive cross-border relations as a priority for advancing ,united ,states foreign policy and programs4 #aijd4 ,strategy to prioritize and expand educational and professional exchange programs with ,mexico 7a7 ,in general ,the ,secretary of ,state shall develop a strategy to carry out the policy described in section #aijc1 to include prioritizing and expanding educational and professional exchange programs with ,mexico through frameworks such as those referred to in section #aijc7b74 7b7 ,elements ,the strategy required under subsection 7a7 shall-- 7#a7 encourage more academic exchanges between the ,united ,states and ,mexico at the secondary1 post-secondary1 and post-graduate levels2 7#b7 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 ,mexico2 7#c7 promote energy infrastructure coordination and cooperation through support of vocational-level education1 internships1 and exchanges between the ,united ,states and ,mexico2 and 7#d7 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 ,education1 in addition to the ,accreditation ,commission ,for ,education in ,nursing1 so that medical students can pass medical licensing board exams1 and nursing students can pass nursing licensing exams1 in the ,united ,states4 7c7 ,briefing ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall brief the appropriate congressional committees regarding the strategy required under subsection 7a74 #aije4 ,definitions ,in this ,act1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 #aijf4 ,sunset provision ,this ,act shall remain in effect until ,december #ca1 #bjbc4 ,,xx ,port surveillance #bjja4 ,port surveillance 7a7 ,,cpsc surveillance personnel during the ,,covid-#ai pandemic ,for the duration of a public health emergency declared pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 as a result of confirmed cases of #bjai novel coronavirus 7,,covid-#ai71 including any renewal thereof1 the ,commission shall ensure1 to the maximum extent feasible1 that investigators are stationed at ports of entry to protect the public against unreasonable risk of injury from consumer products1 with the goal of covering no fewer than #ij percent of all consumer products entering the ,united ,states that are risk-scored in the ,risk ,assessment ,methodology system4 ,the ,commission shall consult with ,united ,states ,customs and ,border ,protection1 and other relevant agencies1 including health and safety agencies1 on methods to safely staff ports during the pandemic4 7b7 ,additional ,,cpsc surveillance personnel at key ports of entry ,the ,commission shall hire1 train1 and assign not fewer than #af additional full-time equivalent personnel to be stationed at or supporting efforts at ports of entry1 including ports of entry for de minimis shipments1 for the purpose of identifying1 assessing1 and addressing shipments of violative consumer products4 ,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 7c77#b77;,f74 7c7 ,report to congress 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,commission shall transmit to ,congress1 and make publicly available1 a study and report assessing the risk to consumers associated with the reduction in ,commission port inspection activity during the ,,covid-#ai pandemic and the targeting and screening of de minimis shipments4 7#b7 ,report requirements ,in the study and report1 the ,commission shall-- 7,a7 identify-- 7i7 the risks associated with the reduction in ,commission port inspection activity during the ,,covid-#ai pandemic2 7ii7 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-#ai pandemic2 and 7iii7 the steps the ,commission has taken and plans to take to mitigate those risks1 such as recalls1 inspections of product inventory1 consumer warnings1 and other appropriate measures2 7,b7 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 processed1 including express consignment carrier facilities1 international mail facilities1 and air cargo facilities to assess the extent to which such shipments include violative consumer products2 7,c7 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 violations2 7,d7 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-commerce2 7,e7 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 ,states2 and 7,f7 assess projected technology and resources1 including staffing requirements necessary to implement such plans based on available and needed ,commission resources4 7d7 ,definitions ,in this section-- 7#a7 the term ,commission means the ,consumer ,product ,safety ,commission2 7#b7 the term de minimis shipments means articles containing consumer products entering the ,united ,states under the de minimis value exemption in #ai ,u4,s4,c4 #acba7;a77#b77;,c72 7#c7 the term ports of entry for de minimis shipments means environments where de minimis shipments are processed1 including express consignment carrier facilities1 international mail facilities1 and air cargo facilities2 and 7#d7 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 rule1 regulation1 standard1 or ban under any other ,act enforced by the ,commission4 7e7 ,savings clause ,nothing in this section shall be construed to limit1 affect1 or conflict with any other authority of the ,commission or any other statutory requirements governing the ,commission4 ,,xxi ,,covid-#ai regulatory relief and work from home safety act #baja4 ,,covid-#ai regulatory relief and work from home safety act 7a7 ,short title ,this title may be cited as the ,,covid-#ai ,regulatory ,relief and ,work ,from ,home ,safety ,act4 7b7 ,definitions ,in this ,act-- 7#a7 the term bedding product means-- 7,a7 an item that is used for sleeping or sleep-related purposes2 or 7,b7 any component or accessory with respect to an item described in subparagraph 7,a71 without regard to whether the component or accessory1 as applicable1 is used-- 7i7 alone2 or 7ii7 along with1 or contained within1 that item2 7#b7 the term ,california standard means the standard set forth by the ,bureau of ,electronic and ,appliance ,repair1 ,home ,furnishings and ,thermal ,insulation of the ,department of ,consumer ,affairs of the ,state of ,california in ,technical ,bulletin #aag-bjac1 entitled ,requirements1 ,test ,procedure and ,apparatus for ,testing the ,smolder ,resistance of ,materials ,used in ,upholstered ,furniture1 originally published ,june #bjac1 as in effect on the date of enactment of this ,act2 7#c7 the terms foundation and mattress have the meanings given those terms in section #afcc4b of title #af1 ,code of ,federal ,regulations1 as in effect on the date of enactment of this ,act2 and 7#d7 the term upholstered furniture-- 7,a7 means an article of seating furniture that-- 7i7 is intended for indoor use2 7ii7 is movable or stationary2 7iii7 is constructed with an upholstered seat1 back1 or arm2 7iv7 is-- 7,i7 made or sold with a cushion or pillow1 without regard to whether that cushion or pillow1 as applicable1 is attached or detached with respect to the article of furniture2 or 7,,ii7 stuffed or filled1 or able to be stuffed or filled1 in whole or in part1 with any material1 including a substance or material that is hidden or concealed by fabric or another covering1 including a cushion or pillow belonging to1 or forming a part of1 the article of furniture2 and 7v7 together with the structural units of the article of furniture1 any filling material1 and the container and covering with respect to those structural units and that filling material1 can be used as a support for the body of an individual1 or the limbs and feet of an individual1 when the individual sits in an upright or reclining position2 7,b7 includes an article of furniture that is intended for use by a child2 and 7,c7 does not include-- 7i7 a mattress2 7ii7 a foundation2 7iii7 any bedding product2 or 7iv7 furniture that is used exclusively for the purpose of physical fitness and exercise4 7c7 ,adoption of standard 7#a7 ,in general ,beginning on the date that is #ahj days after the date of enactment of this ,act1 and except as provided in paragraph 7#b71 the ,california standard shall be considered to be a flammability standard promulgated by the ,consumer ,product ,safety ,commission under section #d of the ,flammable ,fabrics ,act 7#ae ,u4,s4,c4 #aaic74 7#b7 ,testing and certification ,a fabric1 related material1 or product to which the ,california standard applies as a result of paragraph 7#a7 shall not be subject to section #ad7;a7 of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjfc7;a77 with respect to that standard4 7#c7 ,certification label ,each manufacturer of a product that is subject to the ,california standard as a result of paragraph 7#a7 shall include the statement ,complies with ,u4,s4 ,,cpsc requirements for upholstered furniture flammability on a permanent label located on the product1 which shall be considered to be a certification that the product complies with that standard4 7d7 ,preemption 7#a7 ,in general ,notwithstanding section #af of the ,flammable ,fabrics ,act 7#ae ,u4,s4,c4 #abjc7 and section #bca of the ,consumer ,product ,safety ,improvement ,act of #bjjh 7#ae ,u4,s4,c4 #bjea note71 and except as provided in subparagraphs 7,b7 and 7,c7 of paragraph 7#b71 no ,state or any political subdivision of a ,state may establish or continue in effect any provision of a flammability law1 regulation1 code1 standard1 or requirement that is designed to protect against the risk of occurrence of fire1 or to slow or prevent the spread of fire1 with respect to upholstered furniture4 7#b7 ,preservation of certain ,state law ,nothing in this ,act or the ,flammable ,fabrics ,act 7#ae ,u4,s4,c4 #aaia et seq47 may be construed to preempt or otherwise affect-- 7,a7 any ,state or local law1 regulation1 code1 standard1 or requirement that-- 7i7 concerns health risks associated with upholstered furniture2 and 7ii7 is not designed to protect against the risk of occurrence of fire1 or to slow or prevent the spread of fire1 with respect to upholstered furniture2 7,b7 sections #acgd through #acgd4c of title #d1 ,california ,code of ,regulations 7except for subsections 7b7 and 7c7 of section #acgd of that title71 as in effect on the date of enactment of this ,act2 or 7,c7 the ,california standard4 ,clerk4