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

IB Union Calendar No. 366 116TH CONGRESS 2D SESSION H. R. 7667 [Report No. 116–455] Making appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2021, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 16, 2020 Mr. SERRANO, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2021, and for other purposes. VerDate Sep 11 2014 21:42 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H7667.RH H7667 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7667 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 That the following sums are appropriated, out of any 3 money in the Treasury not otherwise appropriated, for the 4 fiscal year ending September 30, 2021, and for other pur- 5 poses, namely: 6 TITLE I 7 DEPARTMENT OF COMMERCE 8 INTERNATIONAL TRADE ADMINISTRATION 9 OPERATIONS AND ADMINISTRATION 10 For necessary expenses for international trade activi- 11 ties of the Department of Commerce provided for by law, 12 to carry out activities associated with facilitating, attract- 13 ing, and retaining business investment in the United 14 States, and for engaging in trade promotional activities 15 abroad, including expenses of grants and cooperative 16 agreements for the purpose of promoting exports of 17 United States firms, without regard to sections 3702 and 18 3703 of title 44, United States Code; full medical coverage 19 for dependent members of immediate families of employees 20 stationed overseas and employees temporarily posted over- 21 seas; travel and transportation of employees of the Inter- 22 national Trade Administration between two points abroad, 23 without regard to section 40118 of title 49, United States 24 Code; employment of citizens of the United States and 25 VerDate Sep 11 2014 21:42 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7667.RH H7667 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7667 RH aliens by contract for services; rental of space abroad for 1 periods not exceeding 10 years, and expenses of alteration, 2 repair, or improvement; purchase or construction of tem- 3 porary demountable exhibition structures for use abroad; 4 payment of tort claims, in the manner authorized in the 5 first paragraph of section 2672 of title 28, United States 6 Code, when such claims arise in foreign countries; not to 7 exceed $294,300 for official representation expenses 8 abroad; purchase of passenger motor vehicles for official 9 use abroad, not to exceed $45,000 per vehicle; obtaining 10 insurance on official motor vehicles; and rental of tie lines, 11 $542,428,000, of which $75,000,000 shall remain avail- 12 able until September 30, 2022: Provided, That 13 $11,000,000 is to be derived from fees to be retained and 14 used by the International Trade Administration, notwith- 15 standing section 3302 of title 31, United States Code: Pro- 16 vided further, That, of amounts provided under this head- 17 ing, not less than $16,400,000 shall be for China anti- 18 dumping and countervailing duty enforcement and compli- 19 ance activities: Provided further, That the provisions of the 20 first sentence of section 105(f) and all of section 108(c) 21 of the Mutual Educational and Cultural Exchange Act of 22 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in car- 23 rying out these activities; and that for the purpose of this 24 Act, contributions under the provisions of the Mutual 25 VerDate Sep 11 2014 21:42 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7667.RH H7667 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7667 RH Educational and Cultural Exchange Act of 1961 shall in- 1 clude payment for assessments for services provided as 2 part of these activities. 3 BUREAU OF INDUSTRY AND SECURITY 4 OPERATIONS AND ADMINISTRATION 5 For necessary expenses for export administration and 6 national security activities of the Department of Com- 7 merce, including costs associated with the performance of 8 export administration field activities both domestically and 9 abroad; full medical coverage for dependent members of 10 immediate families of employees stationed overseas; em- 11 ployment of citizens of the United States and aliens by 12 contract for services abroad; payment of tort claims, in 13 the manner authorized in the first paragraph of section 14 2672 of title 28, United States Code, when such claims 15 arise in foreign countries; not to exceed $13,500 for offi- 16 cial representation expenses abroad; awards of compensa- 17 tion to informers under the Export Control Reform Act 18 of 2018 (subtitle B of title XVII of the John S. McCain 19 National Defense Authorization Act for Fiscal Year 2019; 20 Public Law 115–232; 132 Stat. 2208; 50 U.S.C. 4801 et 21 seq.), and as authorized by section 1(b) of the Act of June 22 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase 23 of passenger motor vehicles for official use and motor vehi- 24 cles for law enforcement use with special requirement vehi- 25 VerDate Sep 11 2014 21:42 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7667.RH H7667 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7667 RH cles eligible for purchase without regard to any price limi- 1 tation otherwise established by law, $137,664,000, to re- 2 main available until expended: Provided, That the provi- 3 sions of the first sentence of section 105(f) and all of sec- 4 tion 108(c) of the Mutual Educational and Cultural Ex- 5 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 6 apply in carrying out these activities: Provided further, 7 That payments and contributions collected and accepted 8 for materials or services provided as part of such activities 9 may be retained for use in covering the cost of such activi- 10 ties, and for providing information to the public with re- 11 spect to the export administration and national security 12 activities of the Department of Commerce and other ex- 13 port control programs of the United States and other gov- 14 ernments. 15 ECONOMIC DEVELOPMENT ADMINISTRATION 16 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 17 For grants for economic development assistance as 18 provided by the Public Works and Economic Development 19 Act of 1965, for trade adjustment assistance, and for 20 grants authorized by sections 27 and 28 of the Stevenson- 21 Wydler Technology Innovation Act of 1980 (15 U.S.C. 22 3722 and 3723), $314,000,000, to remain available until 23 expended, of which $35,000,000 shall be for grants under 24 VerDate Sep 11 2014 21:42 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7667.RH H7667 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 7667 RH such section 27 and $4,500,000 shall be for grants under 1 such section 28. 2 SALARIES AND EXPENSES 3 For necessary expenses of administering the eco- 4 nomic development assistance programs as provided for by 5 law, $42,000,000: Provided, That funds provided under 6 this heading may be used to monitor projects approved 7 pursuant to title I of the Public Works Employment Act 8 of 1976, title II of the Trade Act of 1974, sections 27 9 and 28 of the Stevenson-Wydler Technology Innovation 10 Act of 1980 (15 U.S.C. 3722 and 3723), and the Commu- 11 nity Emergency Drought Relief Act of 1977. 12 MINORITY BUSINESS DEVELOPMENT AGENCY 13 MINORITY BUSINESS DEVELOPMENT 14 For necessary expenses of the Department of Com- 15 merce in fostering, promoting, and developing minority 16 business enterprises, including expenses of grants, con- 17 tracts, and other agreements with public or private organi- 18 zations, $52,000,000, of which not more than 19 $16,000,000 shall be available for overhead expenses, in- 20 cluding salaries and expenses, rent, utilities, and informa- 21 tion technology services. 22 VerDate Sep 11 2014 21:42 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7667.RH H7667 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 7667 RH ECONOMIC AND STATISTICAL ANALYSIS 1 SALARIES AND EXPENSES 2 For necessary expenses, as authorized by law, of eco- 3 nomic and statistical analysis programs of the Department 4 of Commerce, $111,855,000, to remain available until 5 September 30, 2022. 6 BUREAU OF THE CENSUS 7 CURRENT SURVEYS AND PROGRAMS 8 For necessary expenses for collecting, compiling, ana- 9 lyzing, preparing, and publishing statistics, provided for 10 by law, $288,403,000: Provided, That, from amounts pro- 11 vided herein, funds may be used for promotion, outreach, 12 and marketing activities. 13 PERIODIC CENSUSES AND PROGRAMS 14 (INCLUDING TRANSFER OF FUNDS) 15 For necessary expenses for collecting, compiling, ana- 16 lyzing, preparing, and publishing statistics for periodic 17 censuses and programs provided for by law, 18 $1,392,709,000, to remain available until September 30, 19 2023: Provided, That, from amounts provided herein, 20 funds may be used for promotion, outreach, and mar- 21 keting activities: Provided further, That within the 22 amounts appropriated, $3,556,000 shall be transferred to 23 the ‘‘Office of Inspector General’’ account for activities as- 24 VerDate Sep 11 2014 21:42 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7667.RH H7667 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 7667 RH sociated with carrying out investigations and audits re- 1 lated to the Bureau of the Census. 2 NATIONAL TELECOMMUNICATIONS AND INFORMATION 3 ADMINISTRATION 4 SALARIES AND EXPENSES 5 For necessary expenses, as provided for by law, of 6 the National Telecommunications and Information Ad- 7 ministration (NTIA), $45,500,000, to remain available 8 until September 30, 2022: Provided, That, notwith- 9 standing 31 U.S.C. 1535(d), the Secretary of Commerce 10 shall charge Federal agencies for costs incurred in spec- 11 trum management, analysis, operations, and related serv- 12 ices, and such fees shall be retained and used as offsetting 13 collections for costs of such spectrum services, to remain 14 available until expended: Provided further, That the Sec- 15 retary of Commerce is authorized to retain and use as off- 16 setting collections all funds transferred, or previously 17 transferred, from other Government agencies for all costs 18 incurred in telecommunications research, engineering, and 19 related activities by the Institute for Telecommunication 20 Sciences of NTIA, in furtherance of its assigned functions 21 under this paragraph, and such funds received from other 22 Government agencies shall remain available until ex- 23 pended. 24 VerDate Sep 11 2014 21:42 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7667.RH H7667 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 7667 RH PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING 1 AND CONSTRUCTION 2 For the administration of prior-year grants, recov- 3 eries and unobligated balances of funds previously appro- 4 priated are available for the administration of all open 5 grants until their expiration. 6 UNITED STATES PATENT AND TRADEMARK OFFICE 7 SALARIES AND EXPENSES 8 (INCLUDING TRANSFERS OF FUNDS) 9 For necessary expenses of the United States Patent 10 and Trademark Office (USPTO) provided for by law, in- 11 cluding defense of suits instituted against the Under Sec- 12 retary of Commerce for Intellectual Property and Director 13 of the USPTO, $3,695,295,000, to remain available until 14 expended: Provided, That the sum herein appropriated 15 from the general fund shall be reduced as offsetting collec- 16 tions of fees and surcharges assessed and collected by the 17 USPTO under any law are received during fiscal year 18 2021, so as to result in a fiscal year 2021 appropriation 19 from the general fund estimated at $0: Provided further, 20 That during fiscal year 2021, should the total amount of 21 such offsetting collections be less than $3,695,295,000, 22 this amount shall be reduced accordingly: Provided fur- 23 ther, That any amount received in excess of 24 $3,695,295,000 in fiscal year 2021 and deposited in the 25 VerDate Sep 11 2014 21:42 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7667.RH H7667 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 7667 RH Patent and Trademark Fee Reserve Fund shall remain 1 available until expended: Provided further, That the Direc- 2 tor of USPTO shall submit a spending plan to the Com- 3 mittees on Appropriations of the House of Representatives 4 and the Senate for any amounts made available by the 5 preceding proviso and such spending plan shall be treated 6 as a reprogramming under section 505 of this Act and 7 shall not be available for obligation or expenditure except 8 in compliance with the procedures set forth in that section: 9 Provided further, That any amounts reprogrammed in ac- 10 cordance with the preceding proviso shall be transferred 11 to the United States Patent and Trademark Office ‘‘Sala- 12 ries and Expenses’’ account: Provided further, That from 13 amounts provided herein, not to exceed $900 shall be 14 made available in fiscal year 2021 for official reception 15 and representation expenses: Provided further, That in fis- 16 cal year 2021 from the amounts made available for ‘‘Sala- 17 ries and Expenses’’ for the USPTO, the amounts nec- 18 essary to pay (1) the difference between the percentage 19 of basic pay contributed by the USPTO and employees 20 under section 8334(a) of title 5, United States Code, and 21 the normal cost percentage (as defined by section 22 8331(17) of that title) as provided by the Office of Per- 23 sonnel Management (OPM) for USPTO’s specific use, of 24 basic pay, of employees subject to subchapter III of chap- 25 VerDate Sep 11 2014 21:42 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7667.RH H7667 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 7667 RH ter 83 of that title, and (2) the present value of the other- 1 wise unfunded accruing costs, as determined by OPM for 2 USPTO’s specific use of post-retirement life insurance 3 and post-retirement health benefits coverage for all 4 USPTO employees who are enrolled in Federal Employees 5 Health Benefits (FEHB) and Federal Employees Group 6 Life Insurance (FEGLI), shall be transferred to the Civil 7 Service Retirement and Disability Fund, the FEGLI 8 Fund, and the Employees FEHB Fund, as appropriate, 9 and shall be available for the authorized purposes of those 10 accounts: Provided further, That any differences [Text truncated for display. 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