HR 133 — Consolidated Appropriations Act, 2021

Notification.>> no funds made available under this heading for the Office of Assistant Secretary for Congressional Relations may be obligated after 30 days from the date of enactment of this Act, unless the Secretary has notified the Committees on Appropriations of both Houses of Congress on the allocation of these funds by USDA agency:

Provided further, That <<NOTE:

Notification.

Time period.>> during any 30 day notification period referenced in section of this Act, the Secretary of Agriculture shall take no action to begin implementation of the action that is subject to section 716 of this Act or make any public announcement of such action in any form.

Agriculture[[Page Buildings134 andSTAT. Facilities (including transfers of funds) For payment of space rental and related costs pursuant to Public Law 92-313, including authorities pursuant to the 1984 delegation of authority from the Administrator of General Services to the Department of Agriculture under 40 U.S.C.

1188]] Agriculture Buildings and Facilities (including transfers of funds) For payment of space rental and related costs pursuant to Public Law 92-313, including authorities pursuant to the 1984 delegation of authority from the Administrator of General Services to the Department of Agriculture under 40 U.S.C.

Office of Inspector General For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978 (Public Law 95-452;95- 452;

Office[[Page of134 theSTAT. Under Secretary for Research, Education, and Economics For necessary expenses of the Office of the Under Secretary for Research, Education, and Economics, $809,000:

1189]] Office of the Under Secretary for Research, Education, and Economics For necessary expenses of the Office of the Under Secretary for Research, Education, and Economics, $809,000:

Provided,<<NOTE: That amounts made available for the Census of Agriculture may be used to conduct Current Industrial Report surveys subject to 7 U.S.C.

Surveys.>> Provided, That amounts made available for the Census of Agriculture may be used to conduct Current Industrial Report surveys subject to 7 U.S.C.

Provided further, That appropriations<<NOTE: hereunder shall be available pursuant to 7 U.S.C.

for7 theUSC construction,2254.>> alteration,appropriations andhereunder repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building shall not exceed $500,000, except for headhouses or greenhouses which shall each be limitedavailable topursuant $1,800,000, except for 10 buildings to be7 constructedU.S.C. or improved at a cost not to exceed $1,100,000 each, and except for two buildings to be constructed at a cost not to exceed $3,000,000 each, and the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building or $500,000, whichever is greater:

Provided2250 further,for Thatthe appropriationsconstruction, hereunderalteration, shalland berepair availableof forbuildings enteringand intoimprovements, leasebut agreementsunless atotherwise provided, the cost of constructing any Agriculturalone Researchbuilding Serviceshall locationnot exceed $500,000, except for theheadhouses constructionor ofgreenhouses awhich researchshall facilityeach bybe alimited non-Federalto entity$1,800,000, except for use10 bybuildings theto Agriculturalbe Researchconstructed Serviceor andimproved at a conditioncost ofnot theto leaseexceed shall$1,100,000 beeach, thatand anyexcept facilityfor shalltwo buildings to be owned,constructed operated,at anda maintainedcost bynot theto non-Federalexceed entity$3,000,000 each, and the cost of altering any one building during the fiscal year shall benot removedexceed upon10 percent of the expirationcurrent orreplacement terminationvalue of the leasebuilding agreement:or $500,000, whichever is greater:

Provided further, That the<<NOTE: limitations on alterations contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland:

ProvidedContracts.>> further, That appropriations hereunder shall be available for grantingentering easementsinto lease agreements at any Agricultural Research Service location for the Beltsvilleconstruction of a research facility by a non-Federal entity for use by the Agricultural Research Center:Service and a condition of the lease shall be that any facility shall be owned, operated, and maintained by the non-Federal entity and shall be removed upon the expiration or termination of the lease agreement:

Provided further, That <<NOTE:

Maryland.>> the limitations on alterations contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland:

Provided further, [[Page 134 STAT.

1190]] That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center:

Provided further, That appropriations<<NOTE: hereunder shall be available for granting easements at any Agricultural Research Service location for the construction of a research facility by a non-Federal entity for use by, and acceptable to, the Agricultural Research Service and a condition of the easements shall be that upon completion the facility shall be accepted by the Secretary, subject to the availability of funds herein, if the Secretary finds that acceptance of the facility is in the interest of the United States:

Easements.>> appropriations hereunder shall be available for granting easements at any Agricultural Research Service location for the construction of a research facility by a non- Federal entity for use by, and acceptable to, the Agricultural Research Service and a condition of the easements shall be that upon completion the facility shall be accepted by the Secretary, subject to the availability of funds herein, if the Secretary finds that acceptance of the facility is in the interest of the United States:

Provided further, That funds<<NOTE: for education grants for Alaska Native and Native Hawaiian-serving institutions be made available to individual eligible institutions or consortia of eligible institutions with funds awarded equally to each of the States of Alaska and Hawaii:

Grants.

Alaska.

Hawaii.>> funds for education grants for Alaska Native and Native Hawaiian-serving institutions be made available to individual eligible institutions or consortia of eligible institutions with funds awarded equally to each of the States of Alaska and Hawaii:

3157 may be retained by[[Page the134 SecretarySTAT. of Agriculture to pay administrative costs incurred by the Secretary in carrying out that authority.

1191]] by the Secretary of Agriculture to pay administrative costs incurred by the Secretary in carrying out that authority.

3221 for cooperative extension receive no less than $1,000,000:

Animal[[Page and134 PlantSTAT. Health Inspection Service salaries and expenses (including transfers of funds) For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances and for expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C.

1192]] Animal and Plant Health Inspection Service salaries and expenses (including transfers of funds) For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances and for expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C.

Provided further, That of amounts available<<NOTE: under this heading for the screwworm program, $4,990,000 shall remain available until expended;

Kansas.>> available under this heading for the screwworm program, $4,990,000 shall remain available until expended;

Provided further, That no<<NOTE: 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 percent:

Brucellosis eradication.>> no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by the States of at least 40 percent:

Provided further, That in addition, in emergencies which threaten any segment of the agricultural production industry of the United States, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411[[Page and134 10417STAT. of the Animal Health Protection Act (7 U.S.C.

1193]] and 10417 of the Animal Health Protection Act (7 U.S.C.

7751 and 7772), and any unexpended balances of funds transferred for such emergency purposes in the preceding fiscal year shall be merged with such transferred amounts:

In fiscal year<<NOTE: 2021, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity's liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services.

Fees.

Reimbursement.>> year 2021, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity's liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services.

Fees may be<<NOTE: collected for the cost of standardization activities, as established by regulation pursuant to law (31 U.S.C.

Fees.>> be collected for the cost of standardization activities, as established by regulation pursuant to law (31 U.S.C.

Provided, That if<<NOTE: crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.

fundsNotification.>> forif strengtheningcrop markets,size income,is andunderstated supplyand/or (sectionother 32)uncontrollable (includingevents transfersoccur, ofthe funds)agency Fundsmay availableexceed underthis sectionlimitation 32by ofup to 10 percent with notification to the ActCommittees ofon AugustAppropriations 24,of 1935both (7Houses U.S.C.of Congress.

[[Page 134 STAT.

1194]] funds for strengthening markets, income, and supply (section 32) (including transfers of funds) Funds available under section 32 of the Act of August 24, 1935 (7 U.S.C.

Provided, That if<<NOTE: grain export activities require additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.

Notification.>> if grain export activities require additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.

and in addition, $1,000,000 may be credited to this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C.

Provided further, That no<<NOTE: fewer than 148 full-time equivalent positions shall be employed during fiscal year 2021 for purposes dedicated solely to inspections and enforcement related to the Humane Methods of Slaughter Act (7 U.S.C.

1901Employment etpositions.>> seq.):no fewer than 148 full-time equivalent positions shall be employed during fiscal year 2021 for purposes dedicated solely to inspections and enforcement related to the Humane Methods of Slaughter Act (7 U.S.C.

Providedet further,seq.): That the Food Safety and Inspection Service shall continue implementation of section 11016 of Public Law 110-246 as further clarified by the amendments made in section 12106 of Public Law 113-79:

Provided further, That [[Page 134 STAT.

1195]] the Food Safety and Inspection Service shall continue implementation of section 11016 of Public Law 110-246 as further clarified by the amendments made in section 12106 of Public Law 113-79:

Provided,<<NOTE: That not more than 50 percent of the funding made available under this heading for information technology related to farm program delivery may be obligated until the Secretary submits to the Committees on Appropriations of both Houses of Congress, and receives written or electronic notification of receipt from such Committees of, a plan for expenditure that (1) identifies for each project/investment over $25,000 (a) the functional and performance capabilities to be delivered and the mission benefits to be realized, (b) the estimated lifecycle cost for the entirety of the project/ investment, including estimates for development as well as maintenance and operations, and (c) key milestones to be met;

(2)Notification. demonstrates that each project/investment is, (a) consistent with the Farm Service Agency Information Technology Roadmap, (b) being managed in accordance with applicable lifecycle management policies and guidance, and (c) subject to the applicable Department's capital planning and investment control requirements;

Expenditure plan.

Cost estimates.>> Provided, That not more than 50 percent of the funding made available under this heading for information technology related to farm program delivery may be obligated until the Secretary submits to the Committees on Appropriations of both Houses of Congress, and receives written or electronic notification of receipt from such Committees of, a plan for expenditure that (1) identifies for each project/investment over $25,000 (a) the functional and performance capabilities to be delivered and the mission benefits to be realized, (b) the estimated lifecycle cost for the entirety of the project/ investment, including estimates for development as well as maintenance and operations, and (c) key milestones to be met;

(2) demonstrates [[Page 134 STAT.

1196]] that each project/investment is, (a) consistent with the Farm Service Agency Information Technology Roadmap, (b) being managed in accordance with applicable lifecycle management policies and guidance, and (c) subject to the applicable Department's capital planning and investment control requirements;

Provided further, That the<<NOTE: agency shall submit a report by the end of the fourth quarter of fiscal year 2021 to the Committees on Appropriations and the Government Accountability Office, that identifies for each project/investment that is operational (a) current performance against key indicators of customer satisfaction, (b) current performance of service level agreements or other technical metrics, (c) current performance against a pre- established cost baseline, (d) a detailed breakdown of current and planned spending on operational enhancements or upgrades, and (e) an assessment of whether the investment continues to meet business needs as intended as well as alternatives to the investment:

Reports.

Assessment.>> the agency shall submit a report by the end of the fourth quarter of fiscal year 2021 to the Committees on Appropriations and the Government Accountability Office, that identifies for each project/investment that is operational (a) current performance against key indicators of customer satisfaction, (b) current performance of service level agreements or other technical metrics, (c) current performance against a pre-established cost baseline, (d) a detailed breakdown of current and planned spending on operational enhancements or upgrades, and (e) an assessment of whether the investment continues to meet business needs as intended as well as alternatives to the investment:

Provided further, That none<<NOTE: of the funds available to the Farm Service Agency shall be used to permanently relocate county based employees that would result in an office with two or fewer employees without prior notification and approval of the Committees on Appropriations of both Houses of Congress.

Notification.

Approval.>> none of the funds available to the Farm Service Agency shall be used to permanently relocate county based employees that would result in an office with two or fewer employees without prior notification and approval of the Committees on Appropriations of both Houses of Congress.

agricultural[[Page credit134 insuranceSTAT. fund program account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed farm ownership (7 U.S.C.

1197]] agricultural credit insurance fund program account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed farm ownership (7 U.S.C.

Provided, That the<<NOTE: Secretary shall deem the pink bollworm to be a boll weevil for the purpose of boll weevil eradication program loans.

Pink bollworm.>> the Secretary shall deem the pink bollworm to be a boll weevil for the purpose of boll weevil eradication program loans.

Provided, That the<<NOTE: Committees on Appropriations of both Houses of Congress are notified at least 15 days in advance of any transfer.

Notification.

Time period.>> the Committees on Appropriations of both Houses of Congress are notified at least 15 days in advance of any transfer.

Provided, That $1,000,000 of the amount appropriated under this heading in this Act shall be available for compliance and integrity activities required under section 516(b)(2)(C) of the Federal Crop Insurance Act of 1938 (7 U.S.C.

Natural[[Page Resources134 ConservationSTAT. Service conservation operations For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C.

1198]] Natural Resources Conservation Service conservation operations For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C.

Provided,<<NOTE: That for funds provided by this Act or any other prior Act, the limitation regarding the size of the watershed or subwatershed exceeding two hundred and fifty thousand acres in which such activities can be undertaken shall only apply for activities undertaken for the primary purpose of flood prevention (including structural and land treatment measures):

Applicability.>> Provided, That for funds provided by this Act or any other prior Act, the limitation regarding the size of the watershed or subwatershed exceeding two hundred and fifty thousand acres in which such activities can be undertaken shall only apply for activities undertaken for the primary purpose of flood prevention (including structural and land treatment measures):

Provided further,[[Page That134 ofSTAT. the amounts made available under this heading, $10,000,000 shall remain available until expended for the authorities under 16 U.S.C.

1199]] further, That of the amounts made available under this heading, $10,000,000 shall remain available until expended for the authorities under 16 U.S.C.

CORPORATIONS The<<NOTE: following corporations and agencies are hereby authorized to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided.

Contracts.>> The following corporations and agencies are hereby authorized to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided.

TITLE[[Page III134 RURALSTAT. DEVELOPMENT PROGRAMS Office of the Under Secretary for Rural Development For necessary expenses of the Office of the Under Secretary for Rural Development, $812,000:

1200]] TITLE III RURAL DEVELOPMENT PROGRAMS Office of the Under Secretary for Rural Development For necessary expenses of the Office of the Under Secretary for Rural Development, $812,000:

Provided, That to<<NOTE: support the loan program level for section 538 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 1990 (2 U.S.C.

Fees.>> to support the loan program level for section 538 guaranteed loans made available under this heading [[Page 134 STAT.

1201]] the Secretary may charge or adjust any fees to cover the projected cost of such loan guarantees pursuant to the provisions of the Credit Reform Act of 1990 (2 U.S.C.

Provided further, That of the<<NOTE: amounts available under this paragraph for section 502 direct loans, no less than $5,000,000 shall be available for direct loans for individuals whose homes will be built pursuant to a program funded with a mutual and self-help housing grant authorized by section 523 of the Housing Act of 1949 until June 1, 2021:

ProvidedDeadline.>> further, That the Secretaryamounts shallavailable implementunder provisionsthis toparagraph providefor incentivessection to502 nonprofitdirect organizationsloans, andno publicless housingthan authorities$5,000,000 toshall facilitatebe theavailable acquisitionfor ofdirect Ruralloans Housingfor Serviceindividuals (RHS)whose multifamilyhomes housingwill propertiesbe bybuilt suchpursuant nonprofit organizations and public housing authorities that commit to keepa suchprogram propertiesfunded inwith thea RHSmutual multifamilyand self-help housing programgrant forauthorized aby periodsection 523 of time as determined by the Secretary,Housing withAct suchof incentivesuntil toJune include,1, but2021: not be limited to, the following:

Provided further, That <<NOTE:

Incentives.

Determination.>> the Secretary shall implement provisions to provide incentives to nonprofit organizations and public housing authorities to facilitate the acquisition of Rural Housing Service (RHS) multifamily housing properties by such nonprofit organizations and public housing authorities that commit to keep such properties in the RHS multifamily housing program for a period of time as determined by the Secretary, with such incentives to include, but not be limited to, the following:

rental assistance<<NOTE: program For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) of the Housing Act of 1949 or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act of 1949, $1,410,000,000, of which $40,000,000 shall be available until September 30, 2022;

Time periods.>> assistance program For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) of the Housing Act of 1949 or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act of 1949, $1,410,000,000, of which $40,000,000 shall be available until September 30, 2022;

Provided further, That upon request by an owner of a project financed by an existing loan under section 514 or 515 of the Act, the Secretary may renew the rental assistance agreement for a period of 20 years or until the term of such loan[[Page has134 expired,STAT. subject to annual appropriations:

1202]] loan has expired, subject to annual appropriations:

Provided further, That such<<NOTE: recaptured rental assistance shall, to the extent practicable, be applied to another farm labor multi-family housing project financed under section 514 or 516 of the Act:

ProvidedApplicability.>> further,such Thatrecaptured exceptrental asassistance providedshall, into the fourthextent provisopracticable, underbe thisapplied headingto andanother notwithstandingfarm anylabor othermulti-family provisionhousing ofproject thefinanced Act, the Secretary may recapture rental assistance provided under agreementssection entered514 intoor prior516 toof fiscal year for a project that the SecretaryAct: determines no longer needs rental assistance and use such recaptured funds for current needs.

multi-familyProvided housingfurther, revitalizationThat program<<NOTE: account For the rural housing voucher program as authorized under section of the Housing Act of 1949, but notwithstanding subsection (b) of such section, and for additional costs to conduct a demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph, $68,000,000, to remain available until expended:

Determination.>> except as provided in the fourth proviso under this heading and notwithstanding any other provision of the Act, the Secretary may recapture rental assistance provided under agreements entered into prior to fiscal year 2021 for a project that the Secretary determines no longer needs rental assistance and use such recaptured funds for current needs.

multi-family <<NOTE:

Vouchers.

Loans.>> housing revitalization program account For the rural housing voucher program as authorized under section of the Housing Act of 1949, but notwithstanding subsection (b) of such section, and for additional costs to conduct a demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph, $68,000,000, to remain available until expended:

Provided further, That if<<NOTE: the Secretary determines that the amount made available for vouchers in this or any other Act is not needed for vouchers, the Secretary may use such funds for the demonstration program for the preservation and revitalization of multi- family rental housing properties described in this paragraph:

ProvidedDetermination.>> further,if That of the fundsSecretary madedetermines availablethat underthe thisamount heading,made $28,000,000 shall be available for avouchers demonstrationin programthis foror theany preservationother andAct revitalizationis ofnot theneeded sectionsfor 514,vouchers, 515, and 516 multi-family rental housing properties to restructure existing USDA multi-family housing loans, as the Secretary deemsmay appropriate,use expresslysuch funds for the purposesdemonstration ofprogram ensuringfor the projectpreservation hasand sufficientrevitalization resources to preserve the project for the purpose of providingmulti-family saferental and affordable housing forproperties low-incomedescribed residentsin andthis farmparagraph: laborers including reducing or eliminating interest;

Provided further, That of the funds made available under this heading, $28,000,000 shall be available for a demonstration program for the preservation and revitalization of the sections 514, 515, and 516 multi-family rental housing properties to restructure existing USDA multi-family housing loans, as the Secretary deems appropriate, expressly for the purposes of ensuring the project has sufficient resources to preserve the project for the purpose of providing safe and affordable housing [[Page 134 STAT.

1203]] for low-income residents and farm laborers including reducing or eliminating interest;

Provided further, That the<<NOTE: Secretary shall as part of the preservation and revitalization agreement obtain a restrictive use agreement consistent with the terms of the restructuring:

ProvidedContracts.>> further, That if the Secretary determinesshall thatas additionalpart fundsof forthe voucherspreservation describedand inrevitalization thisagreement paragraphobtain area needed,restrictive fundsuse foragreement theconsistent preservationwith andthe revitalizationterms demonstrationof programthe mayrestructuring: be used for such vouchers:

Provided further, That if<<NOTE: Congress enacts legislation to permanently authorize a multi-family rental housing loan restructuring program similar to the demonstration program described herein, the Secretary may use funds made available for the demonstration program under this heading to carry out such legislation with the prior approval of the Committees on Appropriations of both Houses of Congress:

Determination.>> if the Secretary determines that additional funds for vouchers described in this paragraph are needed, funds for the preservation and revitalization demonstration program may be used for such vouchers:

<<NOTE:

Advance approval.>> Provided further, That if Congress enacts legislation to permanently authorize a multi-family rental housing loan restructuring program similar to the demonstration program described herein, the Secretary may use funds made available for the demonstration program under this heading to carry out such legislation with the prior approval of the Committees on Appropriations of both Houses of Congress:

Provided further, That such funds shall be used solely to develop the capacity and ability of private, nonprofit community-based housing and community development organizations, low-income rural communities, and Federally Recognized Native American Tribes[[Page to134 undertakeSTAT. projects to improve housing, community facilities, community and economic development projects in rural areas:

1204]] Tribes to undertake projects to improve housing, community facilities, community and economic development projects in rural areas:

Provided further, That of<<NOTE: the amount appropriated under this heading, $25,000,000 shall be available to cover the subsidy costs for loans or loan guarantees under this heading:

Loans.>> of the amount appropriated under this heading, $25,000,000 shall be available to cover the subsidy costs for loans or loan guarantees under this heading:

Provided<<NOTE: further, That any unobligated balances from prior year appropriations under this heading for the cost of direct loans, loan guarantees and grants, including amounts deobligated or cancelled, may be made available to cover the subsidy costs for direct loans and or loan guarantees under this heading in this fiscal year:

Loans.>> Provided further, That any unobligated balances from prior year appropriations under this heading for the cost of direct loans, loan guarantees and grants, including amounts deobligated or cancelled, may be made available to cover the subsidy costs for direct loans and or loan guarantees under this heading in this fiscal year:

15101 et seq.), and the Appalachian Regional Commission (40 U.S.C.

Provided further, That $4,000,000 of the[[Page amount134 appropriatedSTAT. under this heading shall be for business grants to benefit Federally Recognized Native American Tribes, including $250,000 for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development:

1205]] the amount appropriated under this heading shall be for business grants to benefit Federally Recognized Native American Tribes, including $250,000 for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development:

and of which $15,000,000, to remain[[Page available134 untilSTAT. expended, shall be for value-added agricultural product market development grants, as authorized by section 210A of the Agricultural Marketing Act of 1946, of which $3,000,000, to remain available until expended, shall be for Agriculture Innovation Centers authorized pursuant to section 6402 of Public Law 107-171.

1206]] remain available until expended, shall be for value-added agricultural product market development grants, as authorized by section 210A of the Agricultural Marketing Act of 1946, of which $3,000,000, to remain available until expended, shall be for Agriculture Innovation Centers authorized pursuant to section 6402 of Public Law 107-171.

Provided further, That $68,000,000<<NOTE: of the amount appropriated under this heading shall be for loans and grants including water and waste disposal systems grants authorized by section 306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural Development Act, and Federally Recognized Native American Tribes authorized by 306C(a)(1) of such Act:

ProvidedLoans.>> further,$68,000,000 Thatof fundingthe providedamount appropriated under this heading shall be for loans and grants including water and waste disposal systems grants authorized by section 306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural Development ActAct, mayand beFederally providedRecognized toNative aAmerican consortiumTribes formedauthorized pursuantby to306C(a)(1) section 325 of Publicsuch LawAct: 105-83:

Provided further, That not more than percent of the funding provided for section 306D of the Consolidated Farm and Rural Development[[Page Act134 maySTAT. be used by the State of Alaska for training and technical assistance programs and not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by a consortium formed pursuant to section 325 of Public Law 105-83 for training and technical assistance programs:

Provided1207]] further,Development ThatAct notmay to exceed $35,000,000 of the amount appropriated under this heading shall be forprovided technicalto assistancea grantsconsortium forformed rural water and waste systems pursuant to section 306(a)(14)325 of suchPublic Act,Law unless105-83: the Secretary makes a determination of extreme need, of which $8,000,000 shall be made available for a grant to a qualified nonprofit multi-State regional technical assistance organization, with experience in working with small communities on water and waste water problems, the principal purpose of such grant shall be to assist rural communities with populations of 3,300 or less, in improving the planning, financing, development, operation, and management of water and waste water systems, and of which not less than $800,000 shall be for a qualified national Native American organization to provide technical assistance for rural water systems for tribal communities:

Provided further, That not<<NOTE: to exceed $20,157,000 of the amount appropriated under this heading shall be for contracting with qualified national organizations for a circuit rider program to provide technical assistance for rural water systems:

Alaska.>> not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by the State of Alaska for training and technical assistance programs and not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by a consortium formed pursuant to section 325 of Public Law 105-83 for training and technical assistance programs:

Provided further, That <<NOTE:

Determination.>> not to exceed $35,000,000 of the amount appropriated under this heading shall be for technical assistance grants for rural water and waste systems pursuant to section 306(a)(14) of such Act, unless the Secretary makes a determination of extreme need, of which $8,000,000 shall be made available for a grant to a qualified nonprofit multi-State regional technical assistance organization, with experience in working with small communities on water and waste water problems, the principal purpose of such grant shall be to assist rural communities with populations of 3,300 or less, in improving the planning, financing, development, operation, and management of water and waste water systems, and of which not less than $800,000 shall be for a qualified national Native American organization to provide technical assistance for rural water systems for tribal communities:

Provided further, That <<NOTE:

Contracts.>> not to exceed $20,157,000 of the amount appropriated under this heading shall be for contracting with qualified national organizations for a circuit rider program to provide technical assistance for rural water systems:

Provided further, That $10,000,000 of the amount appropriated under this heading shall be transferred to, and merged with, the Rural Utilities Service, High Energy Cost Grants Account to provide grants authorized under section 19 of the Rural Electrification Act of 1936 (7 U.S.C.

Provided, That up to $2,000,000,000 shall be used for the construction, acquisition, design and engineering or improvement of fossil-fueled electric[[Page generating134 plantsSTAT. (whether new or existing) that utilize carbon subsurface utilization and storage systems.

1208]] electric generating plants (whether new or existing) that utilize carbon subsurface utilization and storage systems.

Provided, That the<<NOTE: cost of direct loans shall be as defined in section 502 of the Congressional Budget Act of 1974.

Loans.>> the cost of direct loans shall be as defined in section 502 of the Congressional Budget Act of 1974.

1771 et seq.), except sections 17 and 21;

$25,118,440,000 to remain available through September 30, 2022, of which such sums as are made available[[Page under134 sectionSTAT. 14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246), as amended by this Act, shall be merged with and available for the same time period and purposes as provided herein:

1209]] available under section 14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246), as amended by this Act, shall be merged with and available for the same time period and purposes as provided herein:

Provided further, That of<<NOTE: the total amount available, $15,299,000 shall be available to carry out studies and evaluations and shall remain available until expended:

Studies.

Evaluations.>> of the total amount available, $15,299,000 shall be available to carry out studies and evaluations and shall remain available until expended:

Provided, That notwithstanding<<NOTE: section 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C.

Breastfeeding.>> notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C.

Provided<<NOTE: further, That upon termination of a federally mandated vendor moratorium and subject to terms and conditions established by the Secretary, the Secretary may waive the requirement at 7 CFR 246.12(g)(6) at the request of a State agency.

Waiver authority.>> Provided further, That upon termination of a federally mandated vendor moratorium and subject to terms and conditions established by the Secretary, the Secretary may waive the requirement at 7 CFR 246.12(g)(6) at the request of a State agency.

2011 et seq.), $114,035,578,000, of which $3,000,000,000, to remain available through September 30, 2023, shall be placed in reserve for use only in such amounts and at such[[Page times134 asSTAT. may become necessary to carry out program operations:

1210]] such times as may become necessary to carry out program operations:

Provided further, That this<<NOTE: appropriation shall be subject to any work registration or workfare requirements as may be required by law:

Workfare.>> this appropriation shall be subject to any work registration or workfare requirements as may be required by law:

Provided further, That funds<<NOTE: made available under this heading may be used to enter into contracts and employ staff to conduct studies, evaluations, or to conduct activities related to program integrity provided that such activities are authorized by the Food and Nutrition Act of 2008.

Contracts.

Studies.

Evaluations.>> funds made available under this heading may be used to enter into contracts and employ staff to conduct studies, evaluations, or to conduct activities related to program integrity provided that such activities are authorized by the Food and Nutrition Act of 2008.

special assistance for the nuclear affected islands, as authorized by section 103(f)(2) of the Compact of Free Association Amendments Act of 2003 (Public Law 108-108-188); 188);

TITLE[[Page V134 FOREIGNSTAT. 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 Affairs, $887,000:

1211]] TITLE 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 Affairs, $887,000:

food[[Page for134 peaceSTAT. title ii grants For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Food for Peace Act (Public Law 83-480), for commodities supplied in connection with dispositions abroad under title II of said Act, $1,740,000,000, to remain available until expended.

1212]] food for peace title ii grants For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Food for Peace Act (Public Law 83-480), for commodities supplied in connection with dispositions abroad under title II of said Act, $1,740,000,000, to remain available until expended.

Provided, That the<<NOTE: Commodity Credit Corporation is authorized to provide the services, facilities, and authorities for the purpose of implementing such section, subject to reimbursement from amounts provided herein:

Reimbursement.>> the Commodity Credit Corporation is authorized to provide the services, facilities, and authorities for the purpose of implementing such section, subject to reimbursement from amounts provided herein:

commodity credit corporation export (loans) credit guarantee program account (including transfers of funds) For administrative expenses to carry out the Commodity Credit Corporation's Export Guarantee Program, GSM 102 and GSM 103, $6,381,000, to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in conformity with the Federal Credit Reform Act of 1990, of which $6,063,000 shall be transferred to and merged with the appropriation for ``Foreign Agricultural Service, Salaries and Expenses'', and of which $318,000 shall be transferred to and merged with the appropriation for ``Farm Production and Conservation Business Center, Salaries and Expenses''.

for rental of special purpose space[[Page in134 theSTAT. District of Columbia or elsewhere;

1213]] space in the District of Columbia or elsewhere;

379j-379j-52, 52, and shall be credited to this account and remain available until expended;

(3) $437,071,000 shall be for the Center for Biologics Evaluation and Research and for related field activities in the Office of[[Page Regulatory134 Affairs;STAT.

1214]] of Regulatory Affairs;

Provided further, That funds<<NOTE: may be transferred from one specified activity to another with the prior approval of the Committees on Appropriations of both Houses of Congress.

Advance approval.>> funds may be transferred from one specified activity to another with the prior approval of the Committees on Appropriations of both Houses of Congress.

353(e)(3), third-partythird- party logistics provider licensing and inspection fees authorized by 21 U.S.C.

fda[[Page innovation134 account,STAT. cures act (including transfer of funds) For necessary expenses to carry out the purposes described under section 1002(b)(4) of the 21st Century Cures Act, in addition to amounts available for such purposes under the heading ``Salaries and Expenses'', $70,000,000, to remain available until expended:

1215]] fda innovation account, cures act (including transfer of funds) For necessary expenses to carry out the purposes described under section 1002(b)(4) of the 21st Century Cures Act, in addition to amounts available for such purposes under the heading ``Salaries and Expenses'', $70,000,000, to remain available until expended:

Provided further, That upon<<NOTE: a determination by the Commissioner that funds transferred pursuant to the previous proviso are not necessary for the purposes provided, such amounts may be transferred back to the account:

Determination.>> upon a determination by the Commissioner that funds transferred pursuant to the previous proviso are not necessary for the purposes provided, such amounts may be transferred back to the account:

Provided further, That the<<NOTE: agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress:

Notification.>> the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress:

Provided, That, prior<<NOTE: to purchasing additional motor vehicles, the Secretary must determine that such vehicles are necessary for transportation safety, to reduce operational costs, and for the protection of life, property, and public safety:

ProvidedDetermination.>> further,prior Thatto thepurchasing Secretaryadditional maymotor notvehicles, increase the DepartmentSecretary ofmust Agriculture'sdetermine fleetthat abovesuch thevehicles 2018are levelnecessary unlessfor thetransportation Secretarysafety, notifiesto inreduce writing,operational costs, and receivesfor approval from, the Committeesprotection on Appropriations of bothlife, Housesproperty, ofand Congresspublic within[[Page 30134 daysSTAT. of the notification.

1216]] safety:

Provided further, That <<NOTE:

Notification.

Approval.

Deadline.>> the Secretary may not increase the Department of Agriculture's fleet above the 2018 level unless the Secretary notifies in writing, and receives approval from, the Committees on Appropriations of both Houses of Congress within 30 days of the notification.

Notwithstanding any<<NOTE: other provision of this Act, the Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund for the acquisition of plant and capital equipment necessary for the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture, such transferred funds to remain available until expended:

Notifications.

Advance approvals.>> any other provision of this Act, the Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund for the acquisition of plant and capital equipment necessary for the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture, such transferred funds to remain available until expended:

Provided further, That none of the funds appropriated by this Act or made available to the Department's Working Capital Fund shall be available for obligation or expenditure to initiate, plan, develop, implement, or make any changes to remove or relocate any systems, missions, personnel, or functions of the offices of the Chief Financial Officer and the Chief Information Officer, co-locatedco- located with or from the National Finance Center prior to written notification to and prior approval of the Committee on Appropriations of both Houses of Congress and in accordance with the requirements of section 716 of this Act:

Provided further, That of annual income amounts in the Working Capital Fund of the Department of Agriculture attributable to the amounts in excess of the true costs of the shared services provided by the National Finance Center and budgeted for the National Finance Center, the Secretary shall reserve not more than 4 percent for the replacement or acquisition of capital equipment, including equipment[[Page for134 theSTAT. improvement, delivery, and implementation of financial, administrative, and information technology services, and other systems of the National Finance Center or to pay any unforeseen, extraordinary cost of the National Finance Center:

1217]] equipment for the improvement, delivery, and implementation of financial, administrative, and information technology services, and other systems of the National Finance Center or to pay any unforeseen, extraordinary cost of the National Finance Center:

Provided further, That the<<NOTE: limitations on the obligation of funds pending notification to Congressional Committees shall not apply to any obligation that, as determined by the Secretary, is necessary to respond to a declared state of emergency that significantly impacts the operations of the National Finance Center;

Determination.>> the limitations on the obligation of funds pending notification to Congressional Committees shall not apply to any obligation that, as determined by the Secretary, is necessary to respond to a declared state of emergency that significantly impacts the operations of the National Finance Center;

No funds<<NOTE: appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties.

Contracts.>> funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties.

None of<<NOTE: the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board:

Provided,Determination. That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress:

Approvals.>> of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board:

<<NOTE:

Notification.>> Provided, That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress:

Sec.[[Page 134 STAT.

1218]] Sec.

(a) None<<NOTE: of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.

Pornography.>> None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.

Sec.[[Page 134 STAT.

1219]] Sec.

Provided, That of<<NOTE: the total funds made available in the matter preceding this proviso that remain unobligated on October 1, 2021, such unobligated balances shall carryover into fiscal year 2022 and shall remain available until expended for any of the purposes of section 32, except that any such carryover funds used in accordance with clause (3) of section 32 may not exceed $350,000,000 and may not be obligated until the Secretary of Agriculture provides written notification of the expenditures to the Committees on Appropriations of both Houses of Congress at least two weeks in advance:

Notification.

Time period.>> of the total funds made available in the matter preceding this proviso that remain unobligated on October 1, 2021, such unobligated balances shall carryover into fiscal year 2022 and shall remain available until expended for any of the purposes of section 32, except that any such carryover funds used in accordance with clause (3) of section 32 may not exceed $350,000,000 and may not be obligated until the Secretary of Agriculture provides written notification of the expenditures to the Committees on Appropriations of both Houses of Congress at least two weeks in advance:

(a) None<<NOTE: of the funds provided by this Act, or provided by previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C.

Notifications.

Approvals.

Time periods.>> None of the funds provided by this Act, or provided by previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C.

(5)[[Page reorganizes134 offices,STAT. programs, or activities;

1220]] (5) reorganizes offices, programs, or activities;

(e)[[Page As134 describedSTAT. in this section, no funds may be used for any activities unless the Secretary of Agriculture or the Secretary of Health and Human Services receives from the Committee on Appropriations of both Houses of Congress written or electronic mail confirmation of receipt of the notification as required in this section.

1221]] (e) As described in this section, no funds may be used for any activities unless the Secretary of Agriculture or the Secretary of Health and Human Services receives from the Committee on Appropriations of both Houses of Congress written or electronic mail confirmation of receipt of the notification as required in this section.

Notwithstanding section<<NOTE: 310B(g)(5) of the Consolidated Farm and Rural Development Act (7 U.S.C.

Fees.>> section 310B(g)(5) of the Consolidated Farm and Rural Development Act (7 U.S.C.

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

News stories.

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

No employee<<NOTE: 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 days in a fiscal year unless the individual's employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment.

Time period.

Reimbursement.>> employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act or any other Act to any other agency or office of the Department for more than 60 days in a fiscal year unless the individual's employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment.

Not later<<NOTE: than 30 days after the date of enactment of this Act, the Secretary of Agriculture, the Commissioner of the Food and Drug Administration, and the Chairman of the Farm Credit Administration shall submit to the Committees on Appropriations of both Houses of Congress a detailed spending plan by program, project, and activity for all the funds made available under this Act including appropriated user fees, as defined in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

Deadline.

Spending plan.>> later than 30 days after the date of enactment of this Act, the Secretary of Agriculture, the Commissioner of the Food and Drug Administration, and the Chairman of the Farm Credit Administration shall submit to the Committees on Appropriations of both Houses of Congress a detailed spending plan by program, project, and activity for all the funds made available under this Act including appropriated user fees, as defined in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

For the<<NOTE: purposes of determining eligibility or level of program assistance for Rural Development programs the Secretary shall not include incarcerated prison populations.

Determination.

Prisons and prisoners.>> the purposes of determining eligibility or level of program assistance for Rural Development programs the Secretary shall not include incarcerated prison populations.

For loans<<NOTE: and loan guarantees that do not require budget authority and the program level has been established in this Act, the Secretary of Agriculture may increase the program level for such loans and loan guarantees by not more than 25 percent:

Provided,Loans.>> Thatloans priorand toloan guarantees that do not require budget authority and the Secretaryprogram implementinglevel suchhas anbeen increase,established in this Act, the Secretary notifies,of inAgriculture writing,may increase the Committeesprogram onlevel Appropriationsfor ofsuch bothloans Housesand ofloan Congressguarantees atby leastnot 15more daysthan in25 advance.[[Page 134 STAT.

1222]] percent:

Provided, That <<NOTE:

Notification.

Time period.>> prior to the Secretary implementing such an increase, the Secretary notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 15 days in advance.

None of<<NOTE: the credit card refunds or rebates transferred to the Working Capital Fund pursuant to section 729 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 (7 U.S.C.

Notification.

Advance approval.>> of the credit card refunds or rebates transferred to the Working Capital Fund pursuant to section 729 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 (7 U.S.C.

None of<<NOTE: the funds made available by this Act may be used to implement, administer, or enforce the ``variety'' requirements of the final rule entitled ``Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP)'' published by the Department of Agriculture in the Federal Register on December 15, 2016 (81 Fed.

Regulations.>> of the funds made available by this Act may be used to implement, administer, or enforce the ``variety'' requirements of the final rule entitled ``Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP)'' published by the Department of Agriculture in the Federal Register on December 15, 2016 (81 Fed.

Provided, That until<<NOTE: the Secretary promulgates such regulatory amendments, the Secretary shall apply the requirements regarding acceptable varieties and breadth of stock to Supplemental Nutrition Assistance Program retailers that were in effect on the day before the date of the enactment of the Agricultural Act of 2014 (Public Law 113-79).

Applicability.

Effective date.>> until the Secretary promulgates such regulatory amendments, the Secretary shall apply the requirements regarding acceptable varieties and breadth of stock to Supplemental Nutrition Assistance Program retailers that were in effect on the day before the date of the enactment of the Agricultural Act of 2014 (Public Law 113-79).

None of<<NOTE: the funds made available by this Act may be used to propose, promulgate, or implement any rule, or take any other action with respect to, allowing or requiring information intended for a prescribing health care professional, in the case of a drug or biological product subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

Health and health care.

Electronic records.>> of the funds made available by this Act may be used to propose, promulgate, or implement any rule, or take any other action with respect to, allowing or requiring information intended for a prescribing health care professional, in the case of a drug or biological product subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

None of<<NOTE: 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 16, 2015, in regards to the hazard analysis and risk-based preventive control requirements of the current good manufacturing practice, hazard analysis, and risk- based preventive controls for food for animals rule with respect to the regulation of the production, distribution, sale, or receipt of dried spent grain byproducts of the alcoholic beverage production process.

Regulations.

Alcohol and alcoholic beverages.>> 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 [[Page 134 STAT.

1223]] 16, 2015, in regards to the hazard analysis and risk-based preventive control requirements of the current good manufacturing practice, hazard analysis, and risk-based preventive controls for food for animals rule with respect to the regulation of the production, distribution, sale, or receipt of dried spent grain byproducts of the alcoholic beverage production process.

Provided, That the<<NOTE: Secretary may allow eligible entities, or comparable entities that provide energy efficiency services using their own billing mechanism to offer loans to customers in any part of their service territory and to offer loans to replace a manufactured housing unit with another manufactured housing unit, if replacement would be more cost effective in saving energy.

Loans.>> the Secretary may allow eligible entities, or comparable entities that provide energy efficiency services using their own billing mechanism to offer loans to customers in any part of their service territory and to offer loans to replace a manufactured housing unit with another manufactured housing unit, if replacement would be more cost effective in saving energy.

(a) The Secretary of Agriculture shall-- (1) conduct<<NOTE: audits in a manner that evaluates the following factors in the country or region being audited, as applicable-- (A) veterinary control and oversight;

Audits.>> conduct audits in a manner that evaluates the following factors in the country or region being audited, as applicable-- (A) veterinary control and oversight;

and (2) promptly<<NOTE: make publicly available the final reports of any audits or reviews conducted pursuant to subsection (1).

Public information.

Reports.

Applicability.>> promptly make publicly available the final reports of any audits or reviews conducted pursuant to subsection (1).

(a)(1) No<<NOTE: Federal funds made available for this fiscal year for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C.

etIron seq.)and shallsteel beproducts.>> usedNo Federal funds made available for athis projectfiscal year for the construction,rural alteration,water, maintenance,waste orwater, repairwaste ofdisposal, aand publicsolid waterwaste ormanagement wastewaterprograms systemauthorized unlessby allsections of306, the306A, iron306C, and306D, steel306E, productsand used310B inof the projectConsolidated areFarm producedand inRural theDevelopment UnitedAct States.(7 U.S.C.

(2)1926 Inet thisseq.) section,shall be used for a project for the termconstruction, ``ironalteration, andmaintenance, steelor products''repair meansof thea followingpublic productswater madeor primarilywastewater system unless all of the iron orand steel:steel products used in the project are produced in the United States.

(2) <<NOTE:

Definition.>> In this section, the term ``iron and steel products'' means the following products made primarily of iron or steel:

(b) Subsection (a) shall not apply in any case or category of cases in which the Secretary of Agriculture (in this section referred[[Page to134 asSTAT. the ``Secretary'') or the designee of the Secretary finds that-- (1) applying subsection (a) would be inconsistent with the public interest;

1224]] referred to as the ``Secretary'') or the designee of the Secretary finds that-- (1) applying subsection (a) would be inconsistent with the public interest;

(c) If<<NOTE: the Secretary or the designee receives a request for a waiver under this section, the Secretary or the designee shall make available to the public on an informal basis a copy of the request and information available to the Secretary or the designee concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request.

ThePublic Secretaryinformation. or the designee shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Department.

(d)Records. This section shall be applied in a manner consistent with United States obligations under international agreements.

Time period.>> If the Secretary or the designee receives a request for a waiver under this section, the Secretary or the designee shall make available to the public on an informal basis a copy of the request and information available to the Secretary or the designee concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request.

<<NOTE:

Web posting.>> The Secretary or the designee shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Department.

(d) <<NOTE:

Applicability.>> This section shall be applied in a manner consistent with United States obligations under international agreements.

(g) For<<NOTE: purposes of this section, the terms ``United States'' and ``State'' shall include each of the several States, the District of Columbia, and each Federally recognized Indian tribe.

Definitions.>> For purposes of this section, the terms ``United States'' and ``State'' shall include each of the several States, the District of Columbia, and each Federally recognized Indian tribe.

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

Lobbying.>> of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C.

``Rural Business-CooperativeBusiness- Cooperative Service--Rural Business Program Account'';

``Rural Business-CooperativeBusiness- Cooperative Service--Rural Economic Development Loans Program Account'';

``Rural Utilities Service--Service--Rural Rural Electrification and Telecommunications Loans Program Account'';

and ``Rural Utilities Service--Distance Learning, Telemedicine, and Broadband Program'', to the maximum extent feasible, at least 10 percent of the funds shall be allocated for assistance in persistent poverty counties under this section, including, notwithstanding any other provision[[Page regarding134 populationSTAT. limits, any county seat of such a persistent poverty county that has a population that does not exceed the authorized population limit by more than 10 percent:

Provided,1225]] Thatprovision forregarding purposespopulation oflimits, thisany section,county theseat termof ``persistentsuch povertya counties''persistent meanspoverty any county that has hada 20 percent or more of its population livingthat indoes povertynot overexceed the pastauthorized 30population years,limit as measured by themore andthan 200010 decennialpercent: censuses, and 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States:

ProvidedProvided, further, That with respect to specific activities for which<<NOTE: program levels have been made available by this Act that are not supported by budget authority, the requirements of this section shall be applied to such program level.

Definition.>> purposes of this section, the term ``persistent poverty counties'' means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States:

Provided further, That <<NOTE:

Applicability.>> with respect to specific activities for which program levels have been made available by this Act that are not supported by budget authority, the requirements of this section shall be applied to such program level.

None of<<NOTE: the funds made available by this Act may be used to notify a sponsor or otherwise acknowledge receipt of a submission for an exemption for investigational use of a drug or biological product under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

Human embryos.>> of the funds made available by this Act may be used to notify a sponsor or otherwise acknowledge receipt of a submission for an exemption for investigational use of a drug or biological product under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

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

Regulations.>> of the funds made available by this or any other Act may be used to enforce the final rule promulgated by the Food and Drug Administration entitled ``Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption,'' and published on November 27, 2015, with respect to the regulation of entities that grow, harvest, pack, or hold wine grapes, hops, pulse crops, or almonds.

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

School breakfast.>> school years 2020-2021 and 2021-2022, none of the funds made available by this Act may be used to implement or enforce the matter following the first comma in the second [[Page 134 STAT.

1226]] sentence of footnote (c) of section 220.8(c) of title 7, Code of Federal Regulations, with respect to the substitution of vegetables for fruits under the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.

or (2) to<<NOTE: prohibit the transportation, processing, sale, or use of hemp, or seeds of such plant, that is grown or cultivated in accordance with subsection section 7606 of the Agricultural Act of 2014 or Subtitle G of the Agricultural Marketing Act of 1946, within or outside the State in which the hemp is grown or cultivated.

Hemp and hemp seeds.>> to prohibit the transportation, processing, sale, or use of hemp, or seeds of such plant, that is grown or cultivated in accordance with subsection section 7606 of the Agricultural Act of 2014 or Subtitle G of the Agricultural Marketing Act of 1946, within or outside the State in which the hemp is grown or cultivated.

Out of<<NOTE: amounts appropriated to the Food and Drug Administration under title VI, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall, not later than September 30, 2021, and following the review required under Executive Order No.

Deadline.

Fish and fishing.>> of amounts appropriated to the Food and Drug Administration under title VI, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall, not later than September 30, 2021, and following the review required under Executive Order No.

601 note;

In addition<<NOTE: to amounts otherwise made available by this Act and notwithstanding the last sentence of 16 U.S.C.

Contracts.

Determination.>> addition to amounts otherwise made available by this Act and notwithstanding the last sentence of 16 U.S.C.

Sec.[[Page 134 STAT.

1227]] Sec.

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

Waiver authority.>> Secretary of Agriculture may waive the matching funds requirement under Section 412(g) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C.

There is<<NOTE: hereby appropriated $2,000,000, to remain available until expended, for a pilot program for the Secretary to provide grants to qualified non-profit organizations and public housing authorities to provide technical assistance, including financial and legal services, to RHS multi-family housing borrowers to facilitate the acquisition of RHS multi-family housing properties in areas where the Secretary determines a risk of loss of affordable housing, by non- profit housing organizations and public housing authorities as authorized by law that commit to keep such properties in the RHS multi- family housing program for a period of time as determined by the Secretary.

Determinations.>> is hereby appropriated $2,000,000, to remain available until expended, for a pilot program for the Secretary to provide grants to qualified non-profit organizations and public housing authorities to provide technical assistance, including financial and legal services, to RHS multi-family housing borrowers to facilitate the acquisition of RHS multi-family housing properties in areas where the Secretary determines a risk of loss of affordable housing, by non-profit housing organizations and public housing authorities as authorized by law that commit to keep such properties in the RHS multi-family housing program for a period of time as determined by the Secretary.

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

Water.

Determination.

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

Funds made<<NOTE: available under title II of the Food for Peace Act (7 U.S.C.

Determination.>> made available under title II of the Food for Peace Act (7 U.S.C.

Notwithstanding any<<NOTE: other provision of law, ARS facilities as described in the ``Memorandum of Understanding Between the U.S.

Compliance inspection.>> any other provision of law, ARS facilities as described in the ``Memorandum of Understanding Between the U.S.

Department of Agriculture Agricultural Research Service (ARS) Concerning Laboratory Animal Welfare'' (16-6100-(16-6100-0103-MU 0103-MU Revision 16-1) shall be[[Page inspected134 bySTAT. APHIS for compliance with the Animal Welfare Act and its regulations and standards.

1228]] be inspected by APHIS for compliance with the Animal Welfare Act and its regulations and standards.

Provided, That the<<NOTE: Secretary shall prioritize the wetland compliance needs of areas with significant numbers of individual wetlands, wetland acres, and conservation compliance requests.

Priority.>> the Secretary shall prioritize the wetland compliance needs of areas with significant numbers of individual wetlands, wetland acres, and conservation compliance requests.

None of<<NOTE: the funds made available by this Act may be used to procure raw or processed poultry products imported into the United States from the People's Republic of China for use in the school lunch program under the Richard B.

Poultry products.

China.>> of the funds made available by this Act may be used to procure raw or processed poultry products imported into the United States from the People's Republic of China for use in the school lunch program under the Richard B.

For school<<NOTE: year 2021-2022, only a school food authority that had a negative balance in the nonprofit school food service account as of December 31, 2020, shall be required to establish a price for paid lunches in accordance with section 12(p) of the Richard B.

Requirement.

School lunches.>> school year 2021-2022, only a school food authority that had a negative balance in the nonprofit school food service account as of December 31, 2020, shall be required to establish a price for paid lunches in accordance with section 12(p) of the Richard B.

In addition to amounts otherwise made available by this or any other Act, there is hereby appropriated $5,000,000, to remain available until expended, to the Secretary for a pilot program to provide grants to a regional consortium to fund technical assistance and construction of regional wastewater systems for historically impoverished communities that have had difficulty in installing[[Page traditional134 wastewaterSTAT. treatment systems due to soil conditions.

1229]] installing traditional wastewater treatment systems due to soil conditions.

The Secretary<<NOTE: of Agriculture shall-- (1) within 180 days of enactment of this Act publish a notice of proposed rulemaking in the Federal Register seeking public comments on the effects of lifting the stay issued on July 31, 2013 (78 Fed.

Deadlines.

Notice.

Regulations.

Federal Register, publications.

Public comments.>> Secretary of Agriculture shall-- (1) within 180 days of enactment of this Act publish a notice of proposed rulemaking in the Federal Register seeking public comments on the effects of lifting the stay issued on July 31, 2013 (78 Fed.

Any funds<<NOTE: made available by this or any other Act that the Secretary withholds pursuant to section 1668(g)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.

Grants.>> funds made available by this or any other Act that the Secretary withholds pursuant to section 1668(g)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.

(b) Section<<NOTE: 313(b) of the Rural Electrification Act of 1936, as amended (7 U.S.C.

Applicability.>> Section 313(b) of the Rural Electrification Act of 1936, as amended (7 U.S.C.

Sec.[[Page 134 STAT.

1230]] Sec.

Notwithstanding any<<NOTE: other provision of law, the acceptable market name of any engineered animal approved prior to the effective date of the National Bioengineered Food Disclosure Standard (February 19, 2019) shall include the words ``genetically engineered'' prior to the existing acceptable market name.

Genetic engineering.>> any other provision of law, the acceptable market name of any engineered animal approved prior to the effective date of the National Bioengineered Food Disclosure Standard (February 19, 2019) shall include the words ``genetically engineered'' prior to the existing acceptable market name.

Section 779<<NOTE: of Public Law 115-141 is amended by striking ``expansion efforts made'' and inserting ``service in a service area'' in the fourth proviso, and by inserting ``, unless such service area is not provided sufficient access to broadband at the minimum service threshold'' after ``Rural Utilities Service'' in the fourth proviso.

132 Stat.

399.>> 779 of Public Law 115- is amended by striking ``expansion efforts made'' and inserting ``service in a service area'' in the fourth proviso, and by inserting ``, unless such service area is not provided sufficient access to broadband at the minimum service threshold'' after ``Rural Utilities Service'' in the fourth proviso.

(a) The<<NOTE: Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs (Commissioner), shall develop and, if it determines feasible, implement a number of options for regulating the export of shrimp to the United States from other countries, including the three largest exporting countries by volume to the United States over the last three calendar years, such as sampling of products prior to export to the United States, increasing foreign inspections of export facilities, increased seafood importer inspections, foreign surveillance inspections at overseas manufacturing sites, enhanced import screening, higher rates of examination and sampling, use of third-party audits, and formal seafood arrangements with foreign competent authorities.

(b)Determinations. The Commissioner shall especially give priority consideration to the following with the funds appropriated-- (1) that appropriate controls are applied to shrimp feed and production ponds, processing plants, and facilities throughout the chain of distribution to determine compliance with seafood safety requirements;

Regulations.

Exports and imports.

Shrimp.

21 USC 2105 note.>> The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs (Commissioner), shall develop and, if it determines feasible, implement [[Page 134 STAT.

1231]] a number of options for regulating the export of shrimp to the United States from other countries, including the three largest exporting countries by volume to the United States over the last three calendar years, such as sampling of products prior to export to the United States, increasing foreign inspections of export facilities, increased seafood importer inspections, foreign surveillance inspections at overseas manufacturing sites, enhanced import screening, higher rates of examination and sampling, use of third-party audits, and formal seafood arrangements with foreign competent authorities.

(b) <<NOTE:

Priority.

Compliance.>> The Commissioner shall especially give priority consideration to the following with the funds appropriated-- (1) that appropriate controls are applied to shrimp feed and production ponds, processing plants, and facilities throughout the chain of distribution to determine compliance with seafood safety requirements;

(3) provide<<NOTE: an annual report to the Committee before the end of fiscal years 2021, 2022, and 2023 with the reporting requirement goal being to provide the Committee information related to FDA's oversight of the safety of shrimp products imported into the United States.

Reports.>> provide an annual report to the Committee before the end of fiscal years 2021, 2022, and 2023 with the reporting requirement goal being to provide the Committee information related to FDA's oversight of the safety of shrimp products imported into the United States.

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

Dairy and dairy products.>> of the funds made available by this or any other act may be used to restrict the offering of low-fat (1% fat) flavored milk in the National School Lunch Program or School Breakfast Program, as long as such milk is not inconsistent with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990.

The Commissioner<<NOTE: of the Food and Drug Administration shall develop a plan within 180 days of enactment that would allow the Agency to identify, detain and refuse all FDA regulated products originating from foreign establishments that did not allow FDA investigators immediate physical access to the registered establishment and its records to determine a registered establishment's ongoing compliance with FDA laws and regulations.

Plan.

Deadline.

Determination.

Compliance.>> Commissioner of the Food and Drug Administration shall develop a plan within 180 days of enactment that would allow the Agency to identify, detain and refuse all FDA regulated products originating from foreign establishments that did not allow FDA investigators immediate physical access to the registered establishment and its records to determine a registered establishment's ongoing compliance with FDA laws and regulations.

In administering<<NOTE: the pilot program established by section 779 of division A of the Consolidated Appropriations Act, 2018 (Public Law 115-141), the Secretary of Agriculture may, for purposes of determining entities eligible to receive assistance, consider those communities which are ``Areas Rural in Character'':

Determinations.>> administering the pilot program established by section 779 of division A of the Consolidated Appropriations Act, 2018 (Public Law 115-141), the Secretary of Agriculture may, for purposes of determining entities eligible to receive assistance, consider those communities which are ``Areas Rural in Character'':

There is hereby appropriated $45,861,000 for the Goodfellow Federal facility, to remain available until expended, of which $20,000,000 shall be transferred to and merged with the[[Page appropriation134 forSTAT. ``Office of the Chief Information Officer'', $16,046,000 shall be transferred to and merged with the appropriation for ``Food Safety and Inspection Service'', and of which $9,815,000 shall be transferred to and merged with the appropriation for ``Rural Development, Salaries and Expenses''.

1232]] the appropriation for ``Office of the Chief Information Officer'', $16,046,000 shall be transferred to and merged with the appropriation for ``Food Safety and Inspection Service'', and of which $9,815,000 shall be transferred to and merged with the appropriation for ``Rural Development, Salaries and Expenses''.

Not later<<NOTE: than 1 year after the date of enactment of this Act, the National Academy of Sciences, Engineering, and Medicine shall complete a review and provide a report to the Secretary of Agriculture, the Secretary of Health and Human Services, and the Congress, on the most recent edition of the dietary guidelines for Americans that includes the following:

Review.

Reports.

Analyses.>> later than 1 year after the date of enactment of this Act, the National Academy of Sciences, Engineering, and Medicine shall complete a review and provide a report to the Secretary of Agriculture, the Secretary of Health and Human Services, and the Congress, on the most recent edition of the dietary guidelines for Americans that includes the following:

(a) There<<NOTE: is hereby appropriated $3,000,000, to remain available until expended, for a pilot program for the Animal and Plant Health Inspection Service to provide grants to State departments of agriculture and forestry commissions in states identified in the final environmental assessment published in the Federal Register on September 23, 2020 (85 Fed.

Cogongrass.>> There is hereby appropriated $3,000,000, to remain available until expended, for a pilot program for the Animal and Plant Health Inspection Service to provide grants to State departments of agriculture and forestry commissions in states identified in the final environmental assessment published in the Federal Register on September 23, 2020 (85 Fed.

(b) Any remaining unobligated balances of funds made available for field crop and rangeland ecosystem pests under the heading ``Animal[[Page and134 PlantSTAT. Health Inspection Service--Salaries and Expenses'', in the Consolidated Appropriations Act, 2019 (Public Law 116-6) and the Further Consolidated Appropriations Act, 2020 (Public Law 116-94), and specifically provided as funds for APHIS to partner with states in the control and eradication of the cogongrass weed in the conference report accompanying Public Law 116-6 and in the explanatory statement described in section 4 in the matter preceding division A of Public Law 116-94, are hereby permanently rescinded, and an amount of additional new budget authority equivalent to the amount rescinded is hereby appropriated, to remain available until expended in addition to other funds as may be available for such purposes, for the same purposes and under the same conditions as the funds made available under subsection (a) of this section.

1233]] ``Animal and Plant Health Inspection Service--Salaries and Expenses'', in the Consolidated Appropriations Act, 2019 (Public Law 116-6) and the Further Consolidated Appropriations Act, 2020 (Public Law 116-94), and specifically provided as funds for APHIS to partner with states in the control and eradication of the cogongrass weed in the conference report accompanying Public Law 116-6 and in the explanatory statement described in section 4 in the matter preceding division A of Public Law 116-94, are hereby permanently rescinded, and an amount of additional new budget authority equivalent to the amount rescinded is hereby appropriated, to remain available until expended in addition to other funds as may be available for such purposes, for the same purposes and under the same conditions as the funds made available under subsection (a) of this section.

For an<<NOTE: additional amount for ``National Institute of Food and Agriculture--Research and Education Activities'', $300,000, for the Under Secretary for Research, Education, and Economics to convene a blue-ribbon panel for the purpose of evaluating the overall structure of research and education through the public and land-grant universities, including 1890 Institutions, to define a new architecture that can better integrate, coordinate, and assess economic impact of the collective work of these institutions.

Panel.

Evaluation.>> an additional amount for ``National Institute of Food and Agriculture--Research and Education Activities'', $300,000, for the Under Secretary for Research, Education, and Economics to convene a blue-ribbon panel for the purpose of evaluating the overall structure of research and education through the public and land-grant universities, including 1890 Institutions, to define a new architecture that can better integrate, coordinate, and assess economic impact of the collective work of these institutions.

For an<<NOTE: additional amount for ``National Institute of Food and Agriculture--Research and Education Activities'', $4,000,000, to remain available until September 30, 2022, for a competitive grant to an institution in the land-grant university system to establish a Farm of the Future testbed and demonstration site.

Grants.>> an additional amount for ``National Institute of Food and Agriculture--Research and Education Activities'', $4,000,000, to remain available until September 30, 2022, for a competitive grant to an institution in the land-grant university system to establish a Farm of the Future testbed and demonstration site.

(a) Any<<NOTE: remaining unobligated balances of funds made available under the heading ``Department of Agriculture--Agricultural Programs--Processing, Research and Marketing--Office of the Secretary'' in subsections (b) and (d) of section 791 of division B of the Further Consolidated Appropriations Act, 2020 Public Law 116-94 for block grants to eligible states and territories pursuant to the first proviso under the heading ``Department of Agriculture--Agricultural Programs-- Processing, Research and Marketing--Office of the Secretary'' in the Additional Supplemental Appropriations for Disaster Relief Act of 2019 Public Law 116-20, as amended by subsection (c) of section 791 of division B Public Law 116-94, may be made available for any of the other purposes and under the same authorities and conditions for those purposes as the funds made available under such heading in such Act, and for the purposes specified and under the same authorities and conditions as in the first, second, third, and fourth provisos of subsection (b) of section 791 of division B of Public Law 116-94:

Provided,Grants.>> ThatAny thisremaining sectionunobligated shallbalances notof befunds effectivemade beforeavailable under the awardheading ``Department of Agriculture-- Agricultural Programs--Processing, Research and Marketing--Office of the Secretary'' in subsections (b) and (d) of section 791 of division B of the Further Consolidated Appropriations Act, 2020 Public Law 116-94 for block grants thatto wereeligible announcedstates priorand territories pursuant to the datefirst proviso under the heading ``Department of enactmentAgriculture--Agricultural Programs--Processing, Research and Marketing--Office of thisthe Act:Secretary'' in the Additional Supplemental Appropriations for Disaster Relief Act of Public Law 116-20, as amended by subsection (c) of section 791 of division B Public Law 116-94, may be made available for any of the other purposes and under the same authorities and conditions for those [[Page 134 STAT.

1234]] purposes as the funds made available under such heading in such Act, and for the purposes specified and under the same authorities and conditions as in the first, second, third, and fourth provisos of subsection (b) of section 791 of division B of Public Law 116-94:

Provided, That <<NOTE:

Effective date.>> this section shall not be effective before the award of the block grants that were announced prior to the date of enactment of this Act:

(b) Of the remaining unobligated balances of funds made available under the heading ``Department of Agriculture--Agricultural Programs-- Processing, Research and Marketing--Office of the Secretary'' in the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-116-136), 136), $1,000,000,000 shall be made available for the same purposes and under the same authorities and conditions as the funds made available under the heading ``Department of Agriculture--Agricultural Programs-- Processing, Research and Marketing--Office of the Secretary'' in the Additional Supplemental Appropriations for Disaster Relief Act of 2019 (Public Law 116-20), as of December 19, 2019, and for the purposes specified and under the same authorities and conditions as in the first, second, third, and fourth provisos of subsection (b) of section 791 of division B of Public Law 116-94.

DIVISION[[Page B--COMMERCE,134 JUSTICE,STAT. SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021 TITLE 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 law, to carry out activities associated with facilitating, attracting, and retaining business investment in the United States, and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to sections 3702 and 3703 of title 44, United States Code;

1235]] DIVISION B--COMMERCE, <<NOTE:

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

Department of Commerce Appropriations Act, 2021.>> JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, TITLE 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 law, to carry out activities associated with facilitating, attracting, and retaining business investment in the United States, and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to sections 3702 and 3703 of title 44, United States Code;

payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries;

Provided further, That the<<NOTE: provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C.

Applicability.

Assessments.>> the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C.

full medical coverage for dependent members of immediate families of employees stationed overseas;[[Page 134 STAT.

1236]] overseas;

Provided,<<NOTE: That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C.

Applicability.>> Provided, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C.

sections 27 and 28 of the Stevenson-WydlerStevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C.

Minority[[Page Business134 DevelopmentSTAT. Agency minority business development For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprises, including expenses of grants, contracts, and other agreements with public or private organizations, $48,000,000, of which not more than $16,000,000 shall be available for overhead expenses, including salaries and expenses, rent, utilities, and information technology services.

1237]] Minority Business Development Agency minority business development For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprises, including expenses of grants, contracts, and other agreements with public or private organizations, $48,000,000, of which not more than $16,000,000 shall be available for overhead expenses, including salaries and expenses, rent, utilities, and information technology services.

Provided, That, notwithstanding<<NOTE: 31 U.S.C.

Fees.>> notwithstanding 31 U.S.C.

Provided further, That the Secretary of Commerce is authorized to retain and use as offsetting collections all funds transferred, or[[Page previously134 transferred,STAT. from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies shall remain available until expended.

1238]] or previously transferred, from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies shall remain available until expended.

Provided further, That the<<NOTE: Director of USPTO shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section:

Spending plan.>> the Director of USPTO shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section:

Provided further, That in fiscal year 2021 from the amounts made available for ``Salaries and Expenses'' for the USPTO, the amounts necessary to[[Page pay134 (1)STAT. the difference between the percentage of basic pay contributed by the USPTO and employees under section 8334(a) of title 5, United States Code, and the normal cost percentage (as defined by section 8331(17) of that title) as provided by the Office of Personnel Management (OPM) for USPTO's specific use, of basic pay, of employees subject to subchapter III of chapter 83 of that title, and (2) the present value of the otherwise unfunded accruing costs, as determined by OPM for USPTO's specific use of post-retirement life insurance and post-retirement health benefits coverage for all USPTO employees who are enrolled in Federal Employees Health Benefits (FEHB) and Federal Employees Group Life Insurance (FEGLI), shall be transferred to the Civil Service Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB Fund, as appropriate, and shall be available for the authorized purposes of those accounts:

Provided1239]] further,to Thatpay any(1) differencesthe difference between the presentpercentage valueof factorsbasic publishedpay incontributed OPM'sby yearlythe 300USPTO seriesand benefitemployees lettersunder section 8334(a) of title 5, United States Code, and the factorsnormal cost percentage (as defined by section 8331(17) of that OPMtitle) providesas provided by the Office of Personnel Management (OPM) for USPTO's specific use, of basic pay, of employees subject to subchapter III of chapter 83 of that title, and (2) the present value of the otherwise unfunded accruing costs, as determined by OPM for USPTO's specific use of post-retirement life insurance and post- retirement health benefits coverage for all USPTO employees who are enrolled in Federal Employees Health Benefits (FEHB) and Federal Employees Group Life Insurance (FEGLI), shall be recognizedtransferred to the Civil Service Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB Fund, as anappropriate, imputedand costshall onbe USPTO'savailable financialfor statements,the whereauthorized applicable:purposes of those accounts:

Provided further, That any differences between the present value factors published in OPM's yearly series benefit letters and the factors that OPM provides for USPTO's specific use shall be recognized as an imputed cost on USPTO's financial statements, where applicable:

construction of research facilities For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by sections 13 through 15 of the National Institute of Standards and Technology Act[[Page (15134 U.S.C.STAT.

1240]] Act (15 U.S.C.

Provided, That the<<NOTE: Secretary of Commerce shall include in the budget justification materials for fiscal year 2022 that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Institute of Standards and Technology construction project having a total multi-year program cost of more than $5,000,000, and simultaneously the budget justification materials shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years.

Budget estimates.

15 USC 1513b note.>> the Secretary of Commerce shall include in the budget justification materials for fiscal year 2022 that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Institute of Standards and Technology construction project having a total multi-year program cost of more than $5,000,000, and simultaneously the budget justification materials shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years.

Provided further, That any deviation from the amounts designated for specific activities in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act:

procurement,[[Page acquisition134 andSTAT. construction (including transfer of funds) For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $1,532,558,000, to remain available until September 30, 2023, except that funds provided for acquisition and construction of vessels and aircraft, and construction of facilities shall remain available until expended:

1241]] procurement, acquisition and construction (including transfer of funds) For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $1,532,558,000, to remain available until September 30, 2023, except that funds provided for acquisition and construction of vessels and aircraft, and construction of facilities shall remain available until expended:

Provided further, That any deviation from the amounts designated for specific activities in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act:

Provided<<NOTE: further, That the Secretary of Commerce shall include in budget justification materials for fiscal year 2022 that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Oceanic and Atmospheric Administration procurement, acquisition or construction project having a total of more than $5,000,000 and simultaneously the budget justification shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years:

Budget estimates.

15 USC 1513a note.>> Provided further, That the Secretary of Commerce shall include in budget justification materials for fiscal year 2022 that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Oceanic and Atmospheric Administration procurement, acquisition or construction project having a total of more than $5,000,000 and simultaneously the budget justification shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years:

Provided, That, of<<NOTE: the funds provided herein, the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the federally recognized Tribes of the Columbia River and Pacific Coast (including Alaska), for projects necessary for conservation of salmon and steelhead populations that are listed as threatened or endangered, or that are identified by a State as at-risk to be so listed, for maintaining populations necessary for exercise of Tribal treaty fishing rights or native subsistence fishing, or for conservation of Pacific coastal salmon and steelhead habitat, based on guidelines to be developed by the Secretary of Commerce:

Grants.

State listing.

Native Americans.

Guidelines.>> of the funds provided herein, the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the federally recognized Tribes of the Columbia River and Pacific Coast (including Alaska), for projects necessary for conservation of salmon and steelhead populations that are listed as threatened or endangered, or that are identified by a State as at-risk to be so listed, for maintaining populations necessary for exercise of Tribal treaty fishing rights or native subsistence fishing, or for conservation of Pacific coastal salmon and steelhead habitat, based on guidelines to be developed by the Secretary of Commerce:

Provided further, That funds disbursed to States shall be subject to a matching requirement of funds or documented in-in-kind kind contributions of at least 33 percent of the Federal funds.

fishermen's[[Page contingency134 fundSTAT. For carrying out the provisions of title IV of Public Law 95-372, not to exceed $349,000, to be derived from receipts collected pursuant to that Act, to remain available until expended.

1242]] fishermen's contingency fund For carrying out the provisions of title IV of Public Law 95-372, not to exceed $349,000, to be derived from receipts collected pursuant to that Act, to remain available until expended.

Provided, That no employee<<NOTE: of the Department of Commerce may be detailed or assigned from a bureau or office funded by this Act or any other Act to offices within the Office of the Secretary of the Department of Commerce for more than 90 days in a fiscal year unless the individual's employing bureau or office is fully reimbursed for the salary and expenses of the employee for the entire period of assignment using funds provided under this heading.

Time period.

Reimbursement.>> employee of the Department of Commerce may be detailed or assigned from a bureau or office funded by this Act or any other Act to offices within the Office of the Secretary of the Department of Commerce for more than 90 days in a fiscal year unless the individual's employing bureau or office is fully reimbursed for the salary and expenses of the employee for the entire period of assignment using funds provided under this heading.

Provided, That any<<NOTE: unobligated balances of expired discretionary funds transferred to the Department of Commerce Nonrecurring Expenses Fund, as authorized by section 111 of title I of division B of Public Law 116U93, may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of the planned use of funds.

Notification.

Deadline.>> any unobligated balances of expired discretionary funds transferred to the Department of Commerce Nonrecurring Expenses Fund, as authorized by section 111 of title I of division B of Public Law 116U93, may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of the planned use of funds.

Provided, That notwithstanding section 6413 of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112-96), an additional $2,000,000, to remain available until expended, shall be derived from the Public Safety Trust[[Page Fund134 forSTAT. activities associated with carrying out investigations and audits related to the First Responder Network Authority (FirstNet).

1243]] Trust Fund for activities associated with carrying out investigations and audits related to the First Responder Network Authority (FirstNet).

During the<<NOTE: current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C.

Certification.>> the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C.

Provided further, That the<<NOTE: Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce.

Notification.

Deadline.>> the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce.

The requirements<<NOTE: set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, (Public Law 112-55), as amended by section 105 of title I of division B of Public Law 113-6, are hereby adopted by reference and made applicable with respect to fiscal year 2021:

Incorporation by reference.

Applicability.

33 USC 878a note.>> requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112-55), as amended by section 105 of title I of division B of Public Law 113-6, are hereby adopted by reference and made applicable with respect to fiscal year 2021:

Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property[[Page and134 AdministrativeSTAT. Services Act of on a reimbursable or non-reimbursable basis.

Amounts1244]] receivedProperty asand reimbursementAdministrative forServices servicesAct provided under this section or the authority under which the use or occupancy of the1949 spaceon isa authorized,reimbursable up to $200,000, shall be credited to the appropriation or fundnon-reimbursable whichbasis. initially bears the costs of such services.

<<NOTE:

Reimbursement.>> Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services.

Nothing in<<NOTE: this title shall be construed to prevent a grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks.

Child pornography.>> in this title shall be construed to prevent a grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks.

The Administrator<<NOTE: of the National Oceanic and Atmospheric Administration is authorized to use, with their consent, with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of any department, agency, or instrumentality of the United States, or of any State, local government, Indian Tribal government, Territory, or possession, or of any political subdivision thereof, or of any foreign government or international organization, for purposes related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration.

Reimbursement.>> Administrator of the National Oceanic and Atmospheric Administration is authorized to use, with their consent, with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of any department, agency, or instrumentality of the United States, or of any State, local government, Indian Tribal government, Territory, or possession, or of any political subdivision thereof, or of any foreign government or international organization, for purposes related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration.