2339 
(A) expedite the ability of all participating 
providers to access the National Verifier and Na-
tional Lifeline Accountability Database for pur-
poses of determining whether a household is an 
eligible household, without regard to whether a 
participating provider is designated as an eligi-
ble telecommunications carrier; and 
(B) ensure that the National Verifier and 
National Lifeline Accountability Database ap-
prove an eligible household to receive the emer-
gency broadband benefit not later than 2 days 
after the date of the submission of information 
necessary to determine if such household is an el-
igible household. 
(4) REIMBURSEMENT.—From the Emergency 
Broadband Connectivity Fund established in sub-
section (i), the Commission shall reimburse a partici-
pating provider in an amount equal to the emergency 
broadband benefit with respect to an eligible house-
hold that receives such benefit from such participating 
provider during the emergency period. 
(5) REIMBURSEMENT
FOR
CONNECTED
DE-
VICE.—A participating provider that, during the 
emergency period, in addition to providing the emer-
gency broadband benefit to an eligible household, sup-
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2340 
plies such household with a connected device may be 
reimbursed 
up 
to 
$100 
from 
the 
Emergency 
Broadband Connectivity Fund established in sub-
section (i) for such connected device, if the charge to 
such eligible household is more than $10 but less than 
$50 for such connected device, except that a partici-
pating provider may receive reimbursement for no 
more than 1 connected device per eligible household. 
(6) CERTIFICATION REQUIRED.—To receive a re-
imbursement under paragraph (4) or (5), a partici-
pating provider shall certify to the Commission the 
following: 
(A) That the amount for which the partici-
pating provider is seeking reimbursement from 
the Emergency Broadband Connectivity Fund es-
tablished in subsection (i) for providing an 
internet service offering to an eligible household 
is not more than the standard rate. 
(B) That each eligible household for which 
the participating provider is seeking reimburse-
ment for providing an internet service offering 
discounted by the emergency broadband benefit— 
(i) has not been and will not be 
charged— 
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2341 
(I) for such offering, if the stand-
ard rate for such offering is less than 
or equal to the amount of the emer-
gency broadband benefit for such 
household; or 
(II) more for such offering than 
the difference between the standard rate 
for such offering and the amount of the 
emergency broadband benefit for such 
household; 
(ii) will not be required to pay an 
early termination fee if such eligible house-
hold elects to enter into a contract to receive 
such internet service offering if such house-
hold later terminates such contract; 
(iii) was not, after the date of the en-
actment of this Act, subject to a mandatory 
waiting period for such internet service of-
fering based on having previously received 
broadband internet access service from such 
participating provider; and 
(iv) will otherwise be subject to the 
participating provider’s generally applica-
ble terms and conditions as applied to other 
customers. 
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2342 
(C) That each eligible household for which 
the participating provider is seeking reimburse-
ment for supplying such household with a con-
nected device has not been and will not be 
charged $10 or less or $50 or more for such de-
vice. 
(D) A description of the process used by the 
participating provider to verify that a household 
is an eligible household, if the provider elects an 
alternative verification process under paragraph 
(2)(B), and that such verification process was 
designed to avoid waste, fraud, and abuse. 
(7) AUDIT
REQUIREMENTS.—The Commission 
shall adopt audit requirements to ensure that partici-
pating providers are in compliance with the require-
ments of this section and to prevent waste, fraud, and 
abuse in the Emergency Broadband Benefit Program. 
A finding of waste, fraud, or abuse or an improper 
payment (as such term is defined in section 2(d) of 
the Improper Payments Information Act of 2002 (31 
U.S.C. 3321 note)) identified by the Commission or 
the Inspector General of the Commission shall include 
the following: 
(A) The name of the participating provider. 
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2343 
(B) The amount of funding made available 
from the Emergency Broadband Connectivity 
Fund to the participating provider. 
(C) The amount of funding determined to be 
an improper payment to a participating pro-
vider. 
(D) A description of to what extent funding 
made available from the Emergency Broadband 
Connectivity Fund that was an improper pay-
ment was used for a reimbursement for a con-
nected device or a reimbursement for an internet 
service offering. 
(E) Whether, in the case of a connected de-
vice, such device, or the value thereof, has been 
recovered. 
(F) Whether any funding from the Emer-
gency Broadband Connectivity Fund was made 
available to a participating provider for an 
emergency broadband benefit for a person outside 
the eligible household. 
(G) Whether any funding from the Emer-
gency Broadband Connectivity Fund was made 
available to reimburse a participating provider 
for an emergency broadband benefit made avail-
able to an eligible household in which all mem-
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2344 
bers of such household necessary to satisfy the eli-
gibility requirements described in subsection 
(a)(6) were deceased. 
(8) RANDOM AUDIT REQUIRED.—Not later than 
1 year after the date of the enactment of this Act, the 
Inspector General of the Commission shall conduct an 
audit of a representative sample of participating pro-
viders receiving reimbursements under the Emergency 
Broadband Benefit Program. 
(9) NOTIFICATION
OF
AUDIT
FINDINGS.—Not 
later than 7 days after a finding made by the Com-
mission under the requirements of paragraph (7), the 
Commission shall notify the Committee on Energy 
and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transpor-
tation of the Senate with any information described 
in such paragraph that the Commission has obtained. 
(10) EXPIRATION OF PROGRAM.—At the conclu-
sion of the Emergency Broadband Benefit Program, 
any participating eligible households shall be subject 
to a participating provider’s generally applicable 
terms and conditions. 
(c) REGULATIONS REQUIRED.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, the Commission 
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2345 
shall promulgate regulations to implement this sec-
tion. 
(2) COMMENT PERIODS.—As part of the rule-
making under paragraph (1), the Commission shall— 
(A) provide a 20-day public comment pe-
riod that begins not later than 5 days after the 
date of the enactment of this Act; 
(B) provide a 20-day public reply comment 
period that immediately follows the period under 
subparagraph (A); and 
(C) during the comment periods under sub-
paragraphs (A) and (B), seek comment on— 
(i) the provision of assistance from the 
Emergency Broadband Connectivity Fund 
established in subsection (i) consistent with 
this section; and 
(ii) other related matters. 
(d) ELIGIBILITY OF PROVIDERS.— 
(1) RELATION
TO
ELIGIBLE
TELECOMMUNI-
CATIONS
CARRIER
DESIGNATION.—The Commission 
may not require a broadband provider to be des-
ignated as an eligible telecommunications carrier in 
order to be a participating provider. 
(2) EXPEDITED APPROVAL PROCESS.— 
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2346 
(A) IN
GENERAL.—The Commission shall 
establish an expedited process by which the Com-
mission approves as participating providers 
broadband providers that are not designated as 
eligible telecommunications carriers and elect to 
participate in the Emergency Broadband Benefit 
Program. 
(B) 
EXCEPTION.—Notwithstanding 
sub-
paragraph (A), the Commission shall automati-
cally approve as a participating provider a 
broadband provider that has an established pro-
gram as of April 1, 2020, that is widely avail-
able and offers internet service offerings to eligi-
ble households and maintains verification proc-
esses that are sufficient to avoid fraud, waste, 
and abuse. 
(e) RULE OF CONSTRUCTION.—Nothing in this section 
shall affect the collection, distribution, or administration 
of the Lifeline Assistance Program governed by the rules 
set forth in subpart E of part 54 of title 47, Code of Federal 
Regulations (or any successor regulation). 
(f) PART 54 REGULATIONS.—Nothing in this section 
shall be construed to prevent the Commission from pro-
viding that the regulations in part 54 of title 47, Code of 
Federal Regulations, or any successor regulation, shall 
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2347 
apply in whole or in part to the Emergency Broadband 
Benefit Program, shall not apply in whole or in part to 
such Program, or shall be modified in whole or in part for 
purposes of application to such Program. 
(g) ENFORCEMENT.—A violation of this section or a 
regulation promulgated under this section shall be treated 
as a violation of the Communications Act of 1934 (47 
U.S.C. 151 et seq.) or a regulation promulgated under such 
Act. The Commission shall enforce this section and the regu-
lations promulgated under this section in the same manner, 
by the same means, and with the same jurisdiction, powers, 
and duties as though all applicable terms and provisions 
of the Communications Act of 1934 were incorporated into 
and made a part of this section. 
(h) EXEMPTIONS.— 
(1) CERTAIN
RULEMAKING
REQUIREMENTS.— 
Section 553 of title 5, United States Code, shall not 
apply to a regulation promulgated under subsection 
(c) or a rulemaking proceeding to promulgate such a 
regulation. 
(2) PAPERWORK
REDUCTION
ACT
REQUIRE-
MENTS.—A collection of information conducted or 
sponsored under the regulations required by sub-
section (c) shall not constitute a collection of informa-
tion for the purposes of subchapter I of chapter 35 of 
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2348 
title 44, United States Code (commonly referred to as 
the Paperwork Reduction Act). 
(i) EMERGENCY BROADBAND CONNECTIVITY FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be known 
as the Emergency Broadband Connectivity Fund. 
(2) APPROPRIATION.—There is appropriated to 
the Emergency Broadband Connectivity Fund, out of 
any money in the Treasury not otherwise appro-
priated, $3,200,000,000 for fiscal year 2021, to re-
main available until expended. 
(3) USE OF FUNDS.—Amounts in the Emergency 
Broadband Connectivity Fund shall be available to 
the Commission for reimbursements to participating 
providers under this section, and the Commission 
may use not more than 2 percent of such amounts to 
administer the Emergency Broadband Benefit Pro-
gram. 
(4) RELATIONSHIP TO UNIVERSAL SERVICE CON-
TRIBUTIONS.—Reimbursements provided under this 
section shall be provided from amounts made avail-
able under this subsection and not from contributions 
under section 254(d) of the Communications Act of 
1934 (47 U.S.C. 254(d)). 
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2349 
(5) USE OF UNIVERSAL SERVICE ADMINISTRA-
TIVE COMPANY PERMITTED.—The Commission shall 
have the authority to avail itself of the services of the 
Universal Service Administrative Company to imple-
ment the Emergency Broadband Benefit Program, in-
cluding developing and processing reimbursements 
and distributing funds to participating providers. 
(j) SAFE HARBOR.—The Commission may not enforce 
a violation of this section under section 501, 502, or 503 
of the Communications Act of 1934 (47 U.S.C. 501; 502; 
503), or any rules of the Commission promulgated under 
such sections of such Act, if a participating provider dem-
onstrates to the Commission that such provider relied in 
good faith on information provided to such provider to 
make the verification required by subsection (b)(2). 
SEC. 905. GRANTS FOR BROADBAND CONNECTIVITY. 
(a) DEFINITIONS.—In this section: 
(1) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of Com-
merce for Communications and Information. 
(2) BROADBAND OR BROADBAND SERVICE.—The 
term ‘‘broadband’’ or ‘‘broadband service’’ has the 
meaning given the term ‘‘broadband internet access 
service’’ in section 8.1(b) of title 47, Code of Federal 
Regulations, or any successor regulation. 
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2350 
(3) 
COMMISSION.—The 
term 
‘‘Commission’’ 
means the Federal Communications Commission. 
(4) COVERED BROADBAND PROJECT.—The term 
‘‘covered broadband project’’ means a competitively 
and technologically neutral project for the deployment 
of fixed broadband service that provides qualifying 
broadband service in an eligible service area. 
(5) COVERED PARTNERSHIP.—The term ‘‘covered 
partnership’’ means a partnership between— 
(A) a State, or 1 or more political subdivi-
sions of a State; and 
(B) a provider of fixed broadband service. 
(6) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Commerce. 
(7) ELIGIBLE SERVICE AREA.—The term ‘‘eligi-
ble service area’’ means a census block in which 
broadband service is not available at 1 or more house-
holds or businesses in the census block, as determined 
by the Assistant Secretary on the basis of— 
(A) 
the 
maps 
created 
under 
section 
802(c)(1) of the Communications Act of 1934 (47 
U.S.C. 642(c)(1)); or 
(B) if the maps described in subparagraph 
(A) are not available, the most recent informa-
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2351 
tion available to the Assistant Secretary, includ-
ing information provided by the Commission. 
(8) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a Tribal Government; 
(B) a Tribal College or University; 
(C) the Department of Hawaiian Home 
Lands on behalf of the Native Hawaiian Com-
munity, including Native Hawaiian Education 
Programs; 
(D) a Tribal organization; or 
(E) a Native Corporation. 
(9) NATIVE
CORPORATION.—The term ‘‘Native 
Corporation’’ has the meaning given the term in sec-
tion 3 of the Alaska Native Claims Settlement Act (43 
U.S.C. 1602). 
(10) NATIVE HAWAIIAN.—The term ‘‘Native Ha-
waiian’’ has the meaning given the term in section 
801 of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4221). 
(11) QUALIFYING
BROADBAND
SERVICE.—The 
term 
‘‘qualifying 
broadband 
service’’ 
means 
broadband service with— 
(A) a download speed of not less than 25 
megabits per second; 
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2352 
(B) an upload speed of not less than 3 
megabits per second; and 
(C) a latency sufficient to support real-time, 
interactive applications. 
(12) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
Government’’ means the governing body of any In-
dian or Alaska Native Tribe, band, nation, pueblo, 
village, community, component band, or component 
reservation, individually recognized (including par-
enthetically) in the list published most recently as of 
the date of enactment of this Act pursuant to section 
104 of the Federally Recognized Indian Tribe List Act 
of 1994 (25 U.S.C. 5131). 
(13) TRIBAL
LAND.—The term ‘‘Tribal land’’ 
means— 
(A) any land located within the boundaries 
of— 
(i) an Indian reservation, pueblo, or 
rancheria; or 
(ii) a former reservation within Okla-
homa; 
(B) any land not located within the bound-
aries of an Indian reservation, pueblo, or 
rancheria, the title to which is held— 
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2353 
(i) in trust by the United States for the 
benefit of an Indian Tribe or an individual 
Indian; 
(ii) by an Indian Tribe or an indi-
vidual Indian, subject to restriction against 
alienation under laws of the United States; 
or 
(iii) by a dependent Indian commu-
nity; 
(C) any land located within a region estab-
lished pursuant to section 7(a) of the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1606(a)); 
(D) Hawaiian Home Lands, as defined in 
section 801 of the Native American Housing As-
sistance and Self-Determination Act of 1996 (25 
U.S.C. 4221); or 
(E) those areas or communities designated 
by the Assistant Secretary of Indian Affairs of 
the Department of the Interior that are near, ad-
jacent, or contiguous to reservations where finan-
cial assistance and social service programs are 
provided to Indians because of their status as In-
dians. 
(14) UNSERVED.—The term ‘‘unserved’’, with re-
spect to a household, means— 
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2354 
(A) the household lacks access to qualifying 
broadband service; and 
(B) no broadband provider has been selected 
to receive, or is otherwise receiving, Federal or 
State funding subject to enforceable build out 
commitments to deploy qualifying broadband 
service in the specific area where the household 
is located by dates certain, even if such service 
is not yet available, provided that the Federal or 
State agency providing the funding has not 
deemed the service provider to be in default of its 
buildout obligations under the applicable Federal 
or State program. 
(b) DIRECT APPROPRIATION.—There is appropriated 
to the Assistant Secretary, out of amounts in the Treasury 
not otherwise appropriated, for the fiscal year ending Sep-
tember 30, 2021, to remain available until expended— 
(1) $1,000,000,000 for grants under subsection 
(c); and 
(2) $300,000,000 for grants under subsection (d). 
(c) TRIBAL BROADBAND CONNECTIVITY PROGRAM.— 
(1) 
TRIBAL
BROADBAND
CONNECTIVITY 
GRANTS.—The Assistant Secretary shall use the funds 
made available under subsection (b)(1) to implement 
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2355 
a program to make grants to eligible entities to ex-
pand access to and adoption of— 
(A) broadband service on Tribal land; or 
(B) remote learning, telework, or telehealth 
resources during the COVID–19 pandemic. 
(2) GRANTS.—From the amounts appropriated 
under subsection (b)(1), the Assistant Secretary shall 
award a grant to each eligible entity that submits an 
application that the Assistant Secretary approves 
after consultation with the Commission to prevent du-
plication of funding. 
(3) ALLOCATIONS.— 
(A) 
EQUITABLE
DISTRIBUTION.—The 
amounts appropriated under subsection (b)(1) 
shall be made available to eligible entities on an 
equitable basis, and not less than 3 percent of 
those amounts shall be made available for the 
benefit of Native Hawaiians. 
(B) ADMINISTRATIVE EXPENSES OF ASSIST-
ANT SECRETARY.—The Assistant Secretary may 
use not more than 2 percent of amounts appro-
priated under subsection (b)(1) for administra-
tive purposes, including the provision of tech-
nical assistance to Tribal Governments to help 
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2356 
those Governments take advantage of the pro-
gram established under this subsection. 
(4) USE OF GRANT FUNDS.— 
(A) COMMITMENT DEADLINE.— 
(i) IN GENERAL.—Not later than 180 
days after receiving grant funds under this 
subsection, an eligible entity shall commit 
the funds in accordance with the approved 
application of the entity. 
(ii) 
REVERSION
OF
FUNDS.—Any 
grant funds not committed by an eligible 
entity by the deadline under clause (i) shall 
revert to the general fund of the Treasury. 
(B) EXPENDITURE DEADLINE.— 
(i) IN
GENERAL.—Not later than 1 
year after receiving grant funds under this 
subsection, an eligible entity shall expend 
the grant funds. 
(ii) EXTENSIONS
FOR
INFRASTRUC-
TURE PROJECTS.—The Assistant Secretary 
may extend the period under clause (i) for 
an eligible entity that proposes to use the 
grant funds for construction of broadband 
infrastructure if the eligible entity certifies 
that— 
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2357 
(I) the eligible entity has a plan 
for use of the grant funds; 
(II) the construction project is un-
derway; or 
(III) extenuating circumstances 
require an extension of time to allow 
the project to be completed. 
(iii) REVERSION
OF
FUNDS.—Any 
grant funds not expended by an eligible en-
tity by the deadline under clause (i) shall be 
made available to other eligible entities for 
the purposes provided in this subsection. 
(5) ELIGIBLE USES.—An eligible entity may use 
grant funds made available under this subsection 
for— 
(A) broadband infrastructure deployment, 
including support for the establishment of car-
rier-neutral submarine cable landing stations; 
(B) affordable broadband programs, includ-
ing— 
(i) providing free or reduced-cost 
broadband service; and 
(ii) preventing disconnection of exist-
ing broadband service; 
(C) distance learning; 
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2358 
(D) telehealth; 
(E) digital inclusion efforts; and 
(F) broadband adoption activities. 
(6) ADMINISTRATIVE EXPENSES OF ELIGIBLE EN-
TITIES.—An eligible entity may use not more than 2 
percent of grant funds received under this subsection 
for administrative purposes. 
(7) SUBGRANTEES.— 
(A) IN GENERAL.—An eligible entity may 
enter into a contract with a subgrantee, includ-
ing a non-Tribal entity, as part of its use of 
grant funds pursuant to this subsection. 
(B) REQUIREMENTS.—An eligible entity 
that enters into a contract with a subgrantee for 
use of grant funds received under this subsection 
shall— 
(i) before entering into the contract, 
after a reasonable investigation, make a de-
termination that the subgrantee— 
(I) is capable of carrying out the 
project for which grant funds will be 
provided in a competent manner in 
compliance with all applicable laws; 
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2359 
(II) has the financial capacity to 
meet the obligations of the project and 
the requirements of this subsection; and 
(III) has the technical and oper-
ational capability to carry out the 
project; and 
(ii) stipulate in the contract reasonable 
provisions for recovery of funds for non-
performance. 
(8) 
BROADBAND
INFRASTRUCTURE
DEPLOY-
MENT.—In using grant funds received under this sub-
section for new construction of broadband infrastruc-
ture, an eligible entity shall prioritize projects that 
deploy broadband infrastructure to unserved house-
holds. 
(d) BROADBAND INFRASTRUCTURE PROGRAM.— 
(1) BROADBAND INFRASTRUCTURE DEPLOYMENT 
GRANTS.—The Assistant Secretary shall use the funds 
made available under subsection (b)(2) to implement 
a program under which the Assistant Secretary makes 
grants on a competitive basis to covered partnerships 
for covered broadband projects. 
(2) MAPPING.— 
(A) DATA FROM COMMISSION.—Not less fre-
quently than annually, the Commission shall, 
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2360 
through the process established under section 
802(b)(7)) of the Communications Act of 1934 
(47 U.S.C. 642(b)(7)), provide the Assistant Sec-
retary any data collected by the Commission 
pursuant to title VIII of that Act (47 U.S.C. 641 
et seq.). 
(B) USE BY ASSISTANT SECRETARY.—The 
Assistant Secretary shall rely on the data pro-
vided under subparagraph (A) in carrying out 
this subsection to the greatest extent practicable. 
(3) ELIGIBILITY REQUIREMENTS.—To be eligible 
for a grant under this subsection, a covered partner-
ship shall submit an application at such time, in 
such manner, and containing such information as the 
Assistant Secretary may require, which application 
shall, at a minimum, include a description of— 
(A) the covered partnership; 
(B) the covered broadband project to be 
funded by the grant, including— 
(i) the speed or speeds at which the 
covered 
partnership 
plans 
to 
offer 
broadband service; and 
(ii) the cost of the project; 
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2361 
(C) the area to be served by the covered 
broadband project (in this paragraph referred to 
as the ‘‘proposed service area’’); 
(D) any support provided to the provider of 
broadband service that is part of the covered 
partnership through— 
(i) any grant, loan, or loan guarantee 
provided by a State to the provider of 
broadband service for the deployment of 
broadband service in the proposed service 
area; 
(ii) any grant, loan, or loan guarantee 
with respect to the proposed service area 
provided by the Secretary of Agriculture— 
(I) under title VI of the Rural 
Electrification Act of 1936 (7 U.S.C. 
950bb et seq.), including— 
(aa) any program to provide 
grants, loans, or loan guarantees 
under sections 601 through 603 of 
that Act (7 U.S.C. 950bb et seq.); 
and 
(bb) the Community Connect 
Grant Program established under 
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2362 
section 604 of that Act (7 U.S.C. 
950bb–3); or 
(II) the broadband loan and grant 
pilot program known as the ‘‘Rural 
eConnectivity Pilot Program’’ or the 
‘‘ReConnect 
Program’’ 
authorized 
under section 779 of division A of the 
Consolidated Appropriations Act, 2018 
(Public Law 115–141; 132 Stat. 348); 
(iii) any high-cost universal service 
support provided under section 254 of the 
Communications Act of 1934 (47 U.S.C. 
254); 
(iv) any grant provided under section 
6001 of the American Recovery and Rein-
vestment Act of 2009 (47 U.S.C. 1305); 
(v) amounts made available for the 
Education Stabilization Fund under the 
heading 
‘‘DEPARTMENT 
OF 
EDU-
CATION’’ in title VIII of division B of the 
CARES Act (Public Law 116–136; 134 
Stat. 564); or 
(vi) any other grant, loan, or loan 
guarantee provided by the Federal Govern-
ment for the provision of broadband service. 
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(4) PRIORITY.—In awarding grants under this 
subsection, the Assistant Secretary shall give priority 
to applications for covered broadband projects as fol-
lows, in decreasing order of priority: 
(A) Covered broadband projects designed to 
provide broadband service to the greatest number 
of households in an eligible service area. 
(B) Covered broadband projects designed to 
provide broadband service in an eligible service 
area that is wholly within any area other 
than— 
(i) a county, city, or town that has a 
population of more than 50,000 inhab-
itants; and 
(ii) the urbanized area contiguous and 
adjacent to a city or town described in 
clause (i). 
(C) Covered broadband projects that are the 
most cost-effective, prioritizing such projects in 
areas that are the most rural. 
(D) Covered broadband projects designed to 
provide broadband service with a download 
speed of not less than 100 megabits per second 
and an upload speed of not less than 20 megabits 
per second. 
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2364 
(E) Any other covered broadband project 
that meets the requirements of this subsection. 
(5) EXPENDITURE DEADLINE.— 
(A) IN GENERAL.—Not later than 1 year 
after receiving grant funds under this subsection, 
a covered partnership shall expend the grant 
funds. 
(B) EXTENSIONS.—The Assistant Secretary 
may extend the period under subparagraph (A) 
for a covered partnership that proposes to use the 
grant funds for construction of broadband infra-
structure if the covered partnership certifies 
that— 
(i) the covered partnership has a plan 
for use of the grant funds; 
(ii) the construction project is under-
way; or 
(iii) extenuating circumstances require 
an extension of time to allow the project to 
be completed. 
(C) REVERSION
OF
FUNDS.—Any grant 
funds not expended by an covered partnership by 
the deadline under subparagraph (A) shall be 
made available to other covered partnerships for 
the purposes provided in this subsection. 
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2365 
(6) GRANT CONDITIONS.— 
(A) PROHIBITIONS.—As a condition of re-
ceiving a grant under this subsection, the Assist-
ant Secretary shall prohibit a provider of 
broadband service that is part of a covered part-
nership receiving the grant— 
(i) from using the grant amounts to 
repay, or make any other payment relating 
to, a loan made by any public or private 
lender; 
(ii) from using grant amounts as col-
lateral for a loan made by any public or 
private lender; and 
(iii) from using more than $50,000 of 
the grant amounts to pay for the prepara-
tion of the grant. 
(B) NONDISCRIMINATION.—The Assistant 
Secretary may not require a provider of 
broadband service that is part of a covered part-
nership to be designated as an eligible tele-
communications carrier pursuant to section 
214(e) of the Communications Act of 1934 (47 
U.S.C. 214(e)) to be eligible to receive a grant 
under this subsection or as a condition of receiv-
ing a grant under this subsection. 
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2366 
(e) IMPLEMENTATION.— 
(1) REQUIREMENTS; OUTREACH.—Not earlier 
than 30 days, and not later than 60 days, after the 
date of enactment of this Act, the Assistant Secretary 
shall— 
(A) issue a notice inviting eligible entities 
and covered partnerships to submit applications 
for grants under this section, which shall contain 
details about how awarding decisions will be 
made; and 
(B) outline— 
(i) the requirements for applications 
for grants under this section; and 
(ii) the allowed uses of grant funds 
awarded under this section. 
(2) APPLICATIONS.— 
(A) SUBMISSION.—During the 90-day pe-
riod beginning on the date on which the Assist-
ant Secretary issues the notice under paragraph 
(1), an eligible entity or covered partnership 
may submit an application for a grant under 
this section. 
(B) PROCESSING.— 
(i) IN GENERAL.—Not later than 90 
days after receiving an application under 
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2367 
subparagraph (A), the Assistant Secretary 
shall approve or deny the application. 
(ii) DENIAL.—The Assistant Secretary 
may deny an application submitted under 
subparagraph (A) only if— 
(I) the Assistant Secretary pro-
vides the applicant an opportunity to 
cure any defects in the application; 
and 
(II) after receiving the oppor-
tunity under subclause (I), the appli-
cant still fails to meet the requirements 
of this section. 
(C) SINGLE APPLICATION.—An eligible enti-
ty or covered partnership may submit only 1 ap-
plication under this paragraph. 
(D) PROPOSED USE OF FUNDS.—An appli-
cation submitted by an eligible entity or a cov-
ered partnership under this paragraph shall de-
scribe each proposed use of grant funds. 
(E) ALLOCATION
OF
FUNDS.—Not later 
than 14 days after approving an application for 
a grant under this paragraph, the Assistant Sec-
retary shall allocate the grant funds to the eligi-
ble entity or covered partnership. 
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2368 
(F) 
TREATMENT
OF
UNALLOCATED 
FUNDS.— 
(i) IN GENERAL.—If an eligible entity 
or covered partnership does not submit an 
application by the deadline under subpara-
graph (A), or the Assistant Secretary does 
not approve an application submitted by an 
eligible entity or a covered partnership 
under that subparagraph, the Assistant Sec-
retary shall make the amounts allocated for, 
as applicable— 
(I) the eligible entity under sub-
section (c) available to other eligible 
entities on an equitable basis; or 
(II) the covered partnership under 
subsection (d) to other covered partner-
ships. 
(ii) SECOND PROCESS.—The Assistant 
Secretary shall initiate a second notice and 
application process described in this sub-
section to reallocate any funds made avail-
able to other eligible entities or covered 
partnerships under clause (i). 
(3) TRANSPARENCY, ACCOUNTABILITY, AND OVER-
SIGHT REQUIRED.—In implementing this section, the 
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2369 
Assistant Secretary shall adopt measures, including 
audit requirements, to— 
(A) ensure sufficient transparency, account-
ability, and oversight to provide the public with 
information regarding the award and use of 
grant funds under this section; 
(B) ensure that a recipient of a grant under 
this section uses the grant funds in compliance 
with the requirements of this section and the 
overall purpose of the applicable grant program 
under this section; and 
(C) deter waste, fraud, and abuse of grant 
funds. 
(4) PROHIBITION ON USE FOR COVERED COMMU-
NICATIONS EQUIPMENT OR SERVICES.—An eligible en-
tity or covered partnership may not use grant funds 
received under this section to purchase or support any 
covered communications equipment or service (as de-
fined in section 9 of the Secure and Trusted Commu-
nications Networks Act of 2019 (47 U.S.C. 1608)). 
(5) UNAUTHORIZED USE OF FUNDS.—To the ex-
tent that the Assistant Secretary or the Inspector 
General of the Department determines that an eligible 
entity or covered partnership has expended grant 
funds received under this section in violation of this 
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2370 
section, the Assistant Secretary shall recover the 
amount of funds that were so expended. 
(f) REPORTING.— 
(1) ELIGIBLE ENTITIES AND COVERED PARTNER-
SHIPS.— 
(A) ANNUAL
REPORT.—Not later than 1 
year after receiving grant funds under this sec-
tion, and annually thereafter until the funds 
have been expended, an eligible entity or covered 
partnership shall submit to the Assistant Sec-
retary a report, with respect to the 1-year period 
immediately preceding the report date, that— 
(i) describes how the eligible entity or 
covered partnership expended the funds; 
(ii) certifies that the eligible entity or 
covered partnership complied with the re-
quirements of this section and with any ad-
ditional reporting requirements prescribed 
by the Assistant Secretary, including— 
(I) a description of each service 
provided with the grant funds; and 
(II) the number of locations or ge-
ographic areas at which broadband 
service was provided using the grant 
funds; and 
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2371 
(iii) identifies each subgrantee that re-
ceived a subgrant from the eligible entity or 
covered partnership and a description of the 
specific project for which grant funds were 
provided. 
(B) PROVISION
OF
INFORMATION
TO
FCC 
AND USDA.—The Assistant Secretary shall pro-
vide the information collected under subpara-
graph (A) to the Commission and the Depart-
ment of Agriculture to be used when determining 
whether to award funds for the deployment of 
broadband under any program administered by 
those agencies. 
(C) TRANSMISSION
OF
REPORTS
TO
CON-
GRESS.—Not later than 5 days after receiving a 
report from an eligible entity under subpara-
graph (A), the Assistant Secretary shall transmit 
the report to the Committee on Commerce, 
Science, and Transportation of the Senate and 
the Committee on Energy and Commerce of the 
House of Representatives. 
(2) INSPECTOR GENERAL AND GAO.—Not later 
than 6 months after the date on which the first grant 
is awarded under this section, and every 6 months 
thereafter until all of the grant funds awarded under 
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2372 
this section are expended, the Inspector General of the 
Department and the Comptroller General of the 
United States shall each submit to the Committee on 
Commerce, Science, and Transportation of the Senate 
and the Committee on Energy and Commerce of the 
House of Representatives a report that reviews the 
grants awarded under this section during the pre-
ceding 6-month period. Each such report shall include 
recommendations to address waste, fraud, and abuse, 
if any. 
(g) IMPACT ON OTHER FEDERAL BROADBAND PRO-
GRAMS.—The use of grant funds received under this section 
by an eligible entity, covered partnership, or subgrantee 
shall not impact the eligibility of, or otherwise disadvan-
tage, the eligible entity, covered partnership, or subgrantee 
with respect to participation in any other Federal 
broadband program. 
SEC. 906. APPROPRIATIONS FOR FEDERAL COMMUNICA-
TIONS COMMISSION ACTIVITIES. 
There is appropriated to the Federal Communications 
Commission, out of amounts in the Treasury not otherwise 
appropriated, for fiscal year 2021, to remain available 
until expended— 
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2373 
(1) $65,000,000 to carry out title VIII of the 
Communications Act of 1934 (47 U.S.C. 641 et seq.); 
and 
(2) $1,900,000,000 to carry out the Secure and 
Trusted Communications Networks Act of 2019 (47 
U.S.C. 1601 et seq.), of which $1,895,000,000 shall be 
used to carry out the program established under sec-
tion 4 of that Act (47 U.S.C. 1603). 
TITLE X—MISCELLANEOUS 
SEC. 1001. CORONAVIRUS RELIEF FUND EXTENSION. 
Section 601(d)(3) of the Social Security Act (42 U.S.C. 
801(d)(3)) is amended by striking ‘‘December 30, 2020’’ 
and inserting ‘‘December 31, 2021’’. 
SEC. 1002. CONTRACTOR PAY. 
Section 3610 of division A of the CARES Act (Public 
Law 116–136) shall be applied by substituting ‘‘March 31, 
2021’’ for ‘‘September 30, 2020’’. 
SEC. 1003. RESCISSIONS. 
(a) EXCHANGE STABILIZATION FUND.— 
(1) IMMEDIATE RESCISSION.—Of the unobligated 
balances made available under section 4027 of the 
CARES Act (15 U.S.C. 9061), $429,000,000,000 shall 
be permanently rescinded on the date of enactment of 
this Act. 
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2374 
(2) SUBSEQUENT
RESCISSION
OF
REMAINING 
FUNDS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (C), any remaining unobligated 
balances made available under section 4027 of 
the CARES Act (15 U.S.C. 9061) shall be per-
manently rescinded on January 9, 2021. 
(B) APPLICABILITY.—Notwithstanding the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661 
et seq.) or any other provision of law, the rescis-
sion in subparagraph (A) shall apply to— 
(i) the obligated but not disbursed cred-
it subsidy cost of all loans, loan guarantees, 
and other investments that the Secretary of 
the Treasury has made or committed to 
make under section 4003(b)(4) of the 
CARES Act (15 U.S.C. 9042(b)(4)); and 
(ii) the obligated and disbursed credit 
subsidy cost of all loans, loan guarantees, 
and other investments that— 
(I) the Secretary of the Treasury 
has made or committed to make under 
section 4003(b)(4) of the CARES Act 
(15 U.S.C. 9042(b)(4)); and 
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2375 
(II) are not needed to meet the 
commitments, as of January 9, 2021, 
of the programs and facilities estab-
lished under section 13(3) of the Fed-
eral Reserve Act (12 U.S.C. 343(3)) in 
which the Secretary of the Treasury 
has made or committed to make a 
loan, loan guarantee, or other invest-
ment using funds appropriated under 
section 4027 of the CARES Act (15 
U.S.C. 9061). 
(C) EXCEPTIONS.— 
(i) ADMINISTRATIVE
EXPENSES.—The 
$100,000,000 made available under section 
4003(f) of the CARES Act (15 U.S.C. 
9042(f)) to pay costs and administrative ex-
penses— 
(I) shall not be rescinded under 
this paragraph; and 
(II) shall be used exclusively for 
the specific purposes described in that 
section. 
(ii) SPECIAL INSPECTOR GENERAL FOR 
PANDEMIC
RECOVERY.—The 
$25,000,000 
made available under section 4018(g) of the 
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2376 
CARES Act (15 U.S.C. 9053(g)) for the 
Special Inspector General for Pandemic Re-
covery— 
(I) shall not be rescinded under 
this paragraph; and 
(II) shall be used exclusively for 
the specific purposes described in that 
section. 
(iii) CONGRESSIONAL OVERSIGHT COM-
MISSION.—Of the amounts made available 
under section 4027 of the CARES Act (15 
U.S.C. 9061) for the Congressional Over-
sight Commission established under section 
4020 of that Act (15 U.S.C. 9055), 
$5,000,000— 
(I) shall not be rescinded under 
this paragraph; and 
(II) shall be used exclusively for 
the expenses of the Congressional Over-
sight Commission set forth in section 
4020(g)(2) of that Act. 
(b) LOANS, LOAN GUARANTEES, AND OTHER INVEST-
MENTS.— 
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2377 
(1) IN GENERAL.—Effective on January 9, 2021, 
section 4003 of the CARES Act (15 U.S.C. 9042) is 
amended— 
(A) in subsection (a), by striking ‘‘ 
$500,000,000,000’’ and inserting ‘‘ $0’’; and 
(B) in subsection (b)— 
(i) in paragraph (1), by striking 
‘‘25,000,000,000’’ and inserting ‘‘0’’; 
(ii) in paragraph (2), by striking ‘‘ 
$4,000,000,000’’ and inserting ‘‘0’’; 
(iii) in paragraph (3), by striking ‘‘ 
$17,000,000,000’’ and inserting ‘‘0’’; and 
(iv) in paragraph (4), in the matter 
preceding subparagraph (A), by striking ‘‘ 
$454,000,000,000’’ and inserting ‘‘ $0’’. 
(2) RULE OF CONSTRUCTION.—The amendments 
made under paragraph (1) shall not be construed to 
affect obligations incurred by the Department of the 
Treasury before January 1, 2021. 
SEC. 1004. EMERGENCY RELIEF AND TAXPAYER PROTEC-
TIONS. 
Section 4003(e) of the CARES Act (15 U.S.C. 9042(e)) 
is amended, in the matter preceding paragraph (1), by 
striking ‘‘Amounts’’ and inserting ‘‘Notwithstanding any 
other provision of law, amounts’’. 
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2378 
SEC. 1005. TERMINATION OF AUTHORITY. 
Section 4029 of the CARES Act (15 U.S.C. 9063) is 
amended— 
(1) in subsection (a), by striking ‘‘new’’; 
(2) in subsection (b)(1), in the matter preceding 
subparagraph (A), by striking ‘‘, loan guarantee, or 
other investment’’ and inserting ‘‘or loan guarantee 
made under paragraph (1), (2), or (3) of section 
4003(b)’’; and 
(3) by adding at the end the following: 
‘‘(c) FEDERAL RESERVE PROGRAMS OR FACILITIES.— 
‘‘(1) IN GENERAL.—After December 31, 2020, the 
Board of Governors of the Federal Reserve System 
and the Federal Reserve banks shall not make any 
loan, purchase any obligation, asset, security, or other 
interest, or make any extension of credit through any 
program or facility established under section 13(3) of 
the Federal Reserve Act (12 U.S.C. 343(3)) in which 
the Secretary made a loan, loan guarantee, or other 
investment pursuant to section 4003(b)(4), other than 
a loan submitted, on or before December 14, 2020, to 
the Main Street Lending Program’s lender portal for 
the sale of a participation interest in such loan, pro-
vided that the Main Street Lending Program pur-
chases a participation interest in such loan on or be-
fore January 8, 2021 and under the terms and condi-
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tions of the Main Street Lending Program as in effect 
on the date the loan was submitted to the Main Street 
Lending Program’s lender portal for the sale of a par-
ticipation interest in such loan. 
‘‘(2) NO
MODIFICATION.—After December 31, 
2020, the Board of Governors of the Federal Reserve 
System and the Federal Reserve banks— 
‘‘(A) shall not modify the terms and condi-
tions of any program or facility established 
under section 13(3) of the Federal Reserve Act 
(12 U.S.C. 343(3)) in which the Secretary made 
a loan, loan guarantee, or other investment pur-
suant to section 4003(b)(4), including by author-
izing transfer of such funds to a new program or 
facility established under section 13(3) of the 
Federal Reserve Act (12 U.S.C. 343(3)); and 
‘‘(B) may modify or restructure a loan, ob-
ligation, asset, security, other interest, or exten-
sion of credit made or purchased through any 
such program or facility provided that— 
‘‘(i) the loan, obligation, asset, secu-
rity, other interest, or extension of credit is 
an eligible asset or for an eligible business, 
including an eligible nonprofit organiza-
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tion, each as defined by such program or fa-
cility; and 
‘‘(ii) the modification or restructuring 
relates to an eligible asset or single and spe-
cific eligible business, including an eligible 
nonprofit organization, each as defined by 
such program or facility; and 
‘‘(iii) the modification or restructuring 
is necessary to minimize costs to taxpayers 
that could arise from a default on the loan, 
obligation, asset, security, other interest, or 
extension of credit. 
‘‘(3) USE OF FUNDS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Secretary is permitted to 
use the fund established under section 5302 of 
title 31, United States Code, for any purpose 
permitted under that section. 
‘‘(B) EXCEPTION.—The fund established 
under section 5302 of title 31, United States 
Code, shall not be available for any program or 
facility established under section 13(3) of the 
Federal Reserve Act (12 U.S.C. 343(3)) that is 
the same as any such program or facility in 
which the Secretary made an investment pursu-
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2381 
ant to section 4003(b)(4), except the Term Asset- 
Backed Securities Loan Facility.’’. 
SEC. 1006. RULE OF CONSTRUCTION. 
Except as expressly set forth in paragraphs (1) and 
(2) of subsection (c) of section 4029 of the CARES Act, as 
added by this Act, nothing in this Act shall be construed 
to modify or limit the authority of the Board of Governors 
of the Federal Reserve System under section 13(3) of the 
Federal Reserve Act (12 U.S.C. 343(3)) as of the day before 
the date of enactment of the CARES Act (Public Law 116– 
136). 
DIVISION O—EXTENSIONS AND 
TECHNICAL CORRECTIONS 
TITLE I 
IMMIGRATION EXTENSIONS 
SEC. 101. Section 401(b) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note) shall be applied by substituting ‘‘Sep-
tember 30, 2021’’ for ‘‘September 30, 2015’’. 
SEC. 102. Subclauses (II) and (III) of section 
101(a)(27)(C)(ii) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(27)(C)(ii)) shall be applied by sub-
stituting ‘‘September 30, 2021’’ for ‘‘September 30, 2015’’. 
SEC. 103. Section 220(c) of the Immigration and Na-
tionality Technical Corrections Act of 1994 (8 U.S.C. 1182 
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note) shall be applied by substituting ‘‘September 30, 2021’’ 
for ‘‘September 30, 2015’’. 
SEC. 104. Section 610(b) of the Departments of Com-
merce, Justice, and State, the Judiciary, and Related Agen-
cies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall 
be applied by substituting ‘‘June 30, 2021’’ for ‘‘September 
30, 2015’’. 
SEC. 105. Notwithstanding the numerical limitation 
set forth in section 214(g)(1)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary of 
Homeland Security, after consultation with the Secretary 
of Labor, and upon the determination that the needs of 
American businesses cannot be satisfied in fiscal year 2021 
with United States workers who are willing, qualified, and 
able to perform temporary nonagricultural labor, may in-
crease the total number of aliens who may receive a visa 
under section 101(a)(15)(H)(ii)(b) of such Act (8 U.S.C. 
1101(a)(15)(H)(ii)(b)) in such fiscal year above such limi-
tation by not more than the highest number of H–2B non-
immigrants who participated in the H–2B returning work-
er program in any fiscal year in which returning workers 
were exempt from such numerical limitation. 
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TITLE 
II—COMMISSION 
ON 
BLACK MEN AND BOYS COR-
RECTIONS 
SEC. 201. TECHNICAL CORRECTIONS TO THE COMMISSION 
ON THE SOCIAL STATUS OF BLACK MEN AND 
BOYS ACT. 
Section 2(b)(3) of the Commission on the Social Status 
of Black Men and Boys Act (Public Law 116–156) is 
amended by striking ‘‘House of Representatives majority 
leader’’ and inserting ‘‘Speaker of the House of Representa-
tives’’. 
TITLE III—U.S. CUSTOMS AND 
BORDER 
PROTECTION 
AU-
THORITY TO ACCEPT DONA-
TIONS EXTENSION 
SEC. 301. EXTENSION OF U.S. CUSTOMS AND BORDER PRO-
TECTION 
AUTHORITY 
TO 
ACCEPT 
DONA-
TIONS. 
Section 482(b)(4)(A) of the Homeland Security Act of 
2002 (6 U.S.C. 301a(b)(4)(A)) is amended by striking ‘‘4 
years after December 16, 2016’’ and inserting ‘‘December 
16, 2021’’. 
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TITLE 
IV—LIVESTOCK 
MANDA-
TORY REPORTING EXTENSION 
SEC. 401. MANDATORY LIVESTOCK REPORTING. 
Section 260 of the Agricultural Marketing Act of 1946 
(7 U.S.C. 1636i) and section 942 of the Livestock Manda-
tory Reporting Act of 1999 (7 U.S.C. 1635 note; Public Law 
106–78) shall be applied by substituting ‘‘September 30, 
2021’’ for ‘‘September 30, 2020’’. 
TITLE V—SOIL HEALTH AND IN-
COME 
PROTECTION 
PILOT 
PROGRAM EXTENSION 
SEC. 501. SOIL HEALTH AND INCOME PROTECTION PILOT 
PROGRAM MODIFICATION. 
Section 1231C(b)(2)(B) of the Food Security Act of 
1985 (16 U.S.C. 3831c(b)(2)(B)) shall be applied by sub-
stituting ‘‘September 30, 2021’’ for ‘‘December 31, 2020’’. 
TITLE VI—UNITED STATES-MEX-
ICO-CANADA AGREEMENT IM-
PLEMENTATION 
ACT 
TECH-
NICAL CORRECTIONS 
SEC. 601. TECHNICAL CORRECTIONS TO THE UNITED 
STATES-MEXICO-CANADA AGREEMENT IMPLE-
MENTATION ACT. 
(a) 
ENVIRONMENT
COOPERATION
COMMISSIONS; 
NORTH AMERICAN DEVELOPMENT BANK.— 
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(1) IN
GENERAL.—Section 601 of the United 
States-Mexico-Canada Agreement Implementation Act 
(Public Law 116–113; 134 Stat. 78) shall not apply 
to the provisions specified in paragraph (2) and such 
provisions shall be restored and revived as if such sec-
tion had not been enacted. 
(2) PROVISIONS
SPECIFIED.—The provisions 
specified in this paragraph are the following: 
(A) Sections 532 and 533 of the North 
American Free Trade Agreement Implementation 
Act. 
(B) Part 2 of subtitle D of title V of such 
Act (as amended by section 831 of the United 
States-Mexico-Canada Agreement Implementa-
tion Act). 
(3) NORTH AMERICAN DEVELOPMENT BANK: LIM-
ITATION ON CALLABLE CAPITAL SUBSCRIPTIONS.—The 
Secretary of the Treasury may subscribe without fis-
cal year limitation to the callable capital portion of 
the United States share of capital stock of the North 
American Development Bank in an amount not to ex-
ceed $1,020,000,000. The authority in the preceding 
sentence shall be in addition to any other authority 
provided by previous Acts. 
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(b) RULES OF ORIGIN.—Section 202 of the United 
States-Mexico-Canada Agreement Implementation Act (19 
U.S.C. 4531) is amended— 
(1) in subsection (c), by adding at the end the 
following: 
‘‘(3) 
SPECIAL
RULE
FOR
FOREIGN-TRADE 
ZONES.—Paragraph (1)(B) shall not apply to a good 
produced in a foreign-trade zone or subzone estab-
lished pursuant to the Act of June 18, 1934 (com-
monly known as the ‘Foreign Trade Zones Act’) (19 
U.S.C. 81a et seq.) that is entered for consumption in 
the customs territory of the United States.’’; and 
(2) in subsection (f)(2)(E), by striking ‘‘heading 
1507, 1508,’’ and inserting ‘‘any of headings 1501 
through 1508’’. 
(c) DRAWBACKS.— 
(1) IN
GENERAL.—Section 208 of the United 
States-Mexico-Canada Agreement Implementation Act 
(19 U.S.C. 4534) is amended by adding at the end the 
following: 
‘‘(e) ACTION ON CLAIM.— 
‘‘(1) IN GENERAL.—If the Commissioner of U.S. 
Customs and Border Protection determines that a 
claim of preferential tariff treatment has been made 
with respect to an article for which a claim described 
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in paragraph (2) has been made, the Commissioner 
may make such adjustments regarding the previous 
customs treatment of the article as may be warranted. 
‘‘(2) CLAIMS DESCRIBED.—A claim described in 
this paragraph is a claim for— 
‘‘(A) a refund, waiver, or reduction of duty, 
under any applicable provision of law; or 
‘‘(B) a credit against a bond under section 
312(d)(1) of the Tariff Act of 1930 (19 U.S.C. 
1312(d)(1)).’’. 
(2) CONFORMING AMENDMENTS.— 
(A) TARIFF ACT OF 1930.—The Tariff Act of 
1930 is amended— 
(i) in section 311 (19 U.S.C. 1311), in 
the 11th undesignated paragraph, by strik-
ing ‘‘(subject to section 508(b)(2)(B))’’ and 
inserting ‘‘(subject to section 208(e) of that 
Act)’’; 
(ii) in section 312 (19 U.S.C. 1312), 
by 
striking 
‘‘(subject 
to 
section 
508(b)(2)(B))’’ each place it appears and 
inserting ‘‘(subject to section 208(e) of that 
Act)’’; 
(iii) in section 313(n)(1)(C) (19 U.S.C. 
1313(n)(1)(C)), 
by 
striking 
‘‘section 
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508(b)(2)(B)’’ and inserting ‘‘section 208(e) 
of that Act’’; and 
(iv) in section 562(2)(B) (19 U.S.C. 
1562(2)(B)), in the matter preceding clause 
(i), 
by 
striking 
‘‘(subject 
to 
section 
508(b)(2)(B))’’ and inserting ‘‘(subject to 
section 208(e) of that Act)’’. 
(B) FOREIGN TRADE ZONES ACT.—Section 
3(a) of the Act of June 18, 1934 (commonly 
known as the ‘‘Foreign Trade Zones Act’’) (19 
U.S.C. 81c(a)) is amended in the seventh proviso 
by striking ‘‘(subject to section 508(b)(2)(B) of 
the Tariff Act of 1930)’’ and inserting ‘‘(subject 
to section 208(e) of that Act)’’. 
(d) RETENTION OF RECORDS.— 
(1) IN GENERAL.—Section 508 of the Tariff Act 
of 1930 (19 U.S.C. 1508) is amended by inserting 
after subsection (b) the following: 
‘‘(c) PERIOD OF TIME.—The records required by sub-
section (a) shall be kept for such periods of time as the Sec-
retary shall prescribe, except that— 
‘‘(1) no period of time for the retention of the 
records required under subsection (a) may exceed 5 
years from the date of entry, filing of a reconciliation, 
or exportation, as appropriate; and 
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‘‘(2) records for any drawback claim shall be 
kept until the 3rd anniversary of the date of liquida-
tion of the claim.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
313(r)(3)(B) of the Tariff Act of 1930 (19 U.S.C. 
1313(r)(3)(B)) is amended by striking ‘‘section 
508(c)(3)’’ and inserting ‘‘section 508(c)(2)’’. 
(e) RELIQUIDATION OF ENTRIES.—Section 520(d) of 
the Tariff Act of 1930 (19 U.S.C. 1520(d)) is amended by 
striking ‘‘(except with respect to any merchandise proc-
essing fees)’’. 
(f) PROTECTIVE ORDERS.—Section 777(f) of the Tariff 
Act of 1930 (19 U.S.C. 1677f(f)) is amended— 
(1) in the subsection heading, by striking ‘‘THE 
THE’’ and inserting ‘‘THE’’; and 
(2) in paragraph (1), by striking subparagraph 
(A) and inserting the following: 
‘‘(A) IN GENERAL.—If binational panel re-
view of a determination under this title is re-
quested pursuant to article 1904 of the United 
States-Canada Agreement or article 10.12 of the 
USMCA, or an extraordinary challenge com-
mittee is convened under Annex 1904.13 of the 
United States-Canada Agreement or chapter 10 
of the USMCA, the administering authority or 
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2390 
the Commission, as appropriate, may make 
available to authorized persons, under a protec-
tive order described in paragraph (2), a copy of 
all proprietary material in the administrative 
record made during the proceeding in question. 
If the administering authority or the Commis-
sion claims a privilege as to a document or por-
tion of a document in the administrative record 
of the proceeding in question and a binational 
panel or extraordinary challenge committee finds 
that in camera inspection or limited disclosure 
of that document or portion thereof is required 
by United States law, the administering author-
ity or the Commission, as appropriate, may re-
strict access to such document or portion thereof 
to the authorized persons identified by the panel 
or committee as requiring access and may re-
quire such persons to obtain access under a pro-
tective order described in paragraph (2).’’. 
(g) DISPUTE SETTLEMENT.—The table of contents for 
the United States-Mexico-Canada Agreement Implementa-
tion Act (Public Law 116–113; 134 Stat. 11) is amended 
by striking the item relating to section 414 and inserting 
the following: 
‘‘Sec. 414. Requests for review of determinations by competent investigating au-
thorities.’’. 
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2391 
(h) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on July 1, 2020. 
SEC. 602. TECHNICAL CORRECTIONS TO OTHER LAWS. 
(a) AFRICAN GROWTH AND OPPORTUNITY ACT.—The 
African Growth and Opportunity Act is amended— 
(1) in section 112 (19 U.S.C. 3721)— 
(A) in subsection (b)(5)(A), by striking 
‘‘Annex 401 to the NAFTA’’ and inserting 
‘‘Annex 4–B of the USMCA’’; and 
(B) in subsection (f), by striking paragraph 
(3) and inserting the following: 
‘‘(3) USMCA.—The term ‘USMCA’ has the 
meaning given that term in section 3 of the United 
States-Mexico-Canada Agreement Implementation Act 
(19 U.S.C. 4502).’’; and 
(2) in section 113(b) (19 U.S.C. 3722(b))— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘Article 502(1) of the NAFTA’’ and insert-
ing ‘‘article 5.4.1 of the USMCA’’; and 
(ii) in subparagraph (B)(i), in the 
matter following subclause (II), by striking 
‘‘chapter 5 of the NAFTA’’ and inserting 
‘‘chapter 5 of the USMCA’’; and 
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(B) in paragraph (2), by striking ‘‘Article 
503 of the NAFTA’’ and inserting ‘‘article 5.5 of 
the USMCA’’. 
(b) CARIBBEAN BASIN ECONOMIC RECOVERY ACT.— 
The Caribbean Basin Economic Recovery Act is amended— 
(1) in section 212(a)(1) (19 U.S.C. 2702(a)(1)), 
by striking subparagraph (D) and inserting the fol-
lowing: 
‘‘(D) The term ‘USMCA’ has the meaning given 
that term in section 3 of the United States-Mexico- 
Canada Agreement Implementation Act (19 U.S.C. 
4502).’’; 
(2) in section 213(b) (19 U.S.C. 2703(b))— 
(A) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) in clause (v)(I), by striking 
‘‘Annex 401 of the NAFTA’’ and in-
serting ‘‘Annex 4–B of the USMCA’’; 
and 
(II) in clause (vii)(IV)— 
(aa) by striking ‘‘from a 
country’’ and inserting the fol-
lowing: ‘‘from— 
‘‘(aa) a country’’; 
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(bb) by striking the period at 
the end and inserting ‘‘; or’’; and 
(cc) by adding at the end the 
following: 
‘‘(bb) a USMCA country (as 
defined in section 3 of the United 
States-Mexico-Canada Agreement 
Implementation Act (19 U.S.C. 
4502)).’’; and 
(ii) in subparagraph (C), by striking 
‘‘section 2.3(a), (b), or (c) of the Annex or 
Appendix 3.1.B.11 of the Annex’’ and in-
serting ‘‘article 6.2 of the USMCA’’; 
(B) in paragraph (3)(A)(i), by striking 
‘‘Annex 302.2 of the NAFTA’’ and inserting 
‘‘Annex 2–B of the USMCA’’; 
(C) in paragraph (4)— 
(i) in subparagraph (A)— 
(I) in clause (i), by striking ‘‘Ar-
ticle 502(1) of the NAFTA’’ and insert-
ing ‘‘article 5.4.1 of the USMCA’’; and 
(II) in clause (ii)(I), in the mat-
ter following item (bb), by striking 
‘‘chapter 5 of the NAFTA’’ and insert-
ing ‘‘chapter 5 of the USMCA’’; and 
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(ii) in subparagraph (B), by striking 
‘‘Article 503 of the NAFTA’’ and inserting 
‘‘article 5.5 of the USMCA’’; and 
(D) in paragraph (5)— 
(i) in subparagraph (A), by striking 
‘‘NAFTA’’ and inserting ‘‘North American 
Free Trade Agreement entered into between 
the United States, Mexico, and Canada on 
December 17, 1992’’; and 
(ii) in subparagraph (C), by striking 
‘‘NAFTA’’ each place it appears and insert-
ing ‘‘USMCA’’; and 
(3) in section 213A(b) (19 U.S.C. 2703a(b))— 
(A) in paragraph (1)(B)(vii)(I)(aa), by 
striking ‘‘Annex 401 of the NAFTA’’ and insert-
ing ‘‘Annex 4–B of the USMCA’’; and 
(B) in paragraph (5)(A)(i), by striking 
‘‘Annex 401 of the NAFTA’’ and inserting 
‘‘Annex 4–B of the USMCA’’. 
(c) TRADE FACILITATION AND TRADE ENFORCEMENT 
ACT OF 2015.—Section 403 of the Trade Facilitation and 
Trade Enforcement Act of 2015 (19 U.S.C. 4362) is amend-
ed by striking ‘‘article 1902 of the North American Free 
Trade Agreement and section 408 of the North American 
Free Trade Agreement Implementation Act (19 U.S.C. 
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3438)’’ and inserting ‘‘article 10.10 of the USMCA (as de-
fined in section 3 of the United States-Mexico-Canada 
Agreement Implementation Act (19 U.S.C. 4502)) and sec-
tion 418 of the United States-Mexico-Canada Agreement 
Implementation Act (19 U.S.C. 4588)’’. 
(d) TITLE 35, UNITED STATES CODE.—Section 11 of 
title 35, United States Code, is amended— 
(1) by striking ‘‘The Director’’ and inserting 
‘‘(a) IN GENERAL.—The Director’’; 
(2) by striking ‘‘other than a NAFTA country’’ 
and inserting ‘‘other than a USMCA country’’; and 
(3) by striking the third sentence and inserting 
the following: 
‘‘(b) DEFINITIONS.—In this section— 
‘‘(1) the term ‘USMCA country’ has the meaning 
given that term in section 3 of the United States-Mex-
ico-Canada 
Agreement 
Implementation 
Act 
(19 
U.S.C. 4502); and 
‘‘(2) the term ‘WTO member country’ has the 
meaning given that term in section 2(10) of the Uru-
guay Round Agreements Act (19 U.S.C. 3501(10)).’’. 
(e) ENERGY POLICY ACT OF 1992.—Section 1011(b) 
of the Energy Policy Act of 1992 (42 U.S.C. 2296b(b)) is 
amended by striking ‘‘North American Free Trade Agree-
ment’’ and inserting ‘‘USMCA (as defined in section 3 of 
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2396 
the United States-Mexico-Canada Agreement Implementa-
tion Act (19 U.S.C. 4502))’’. 
(f) TRADE
AGREEMENTS
ACT
OF
1979.—Section 
493(a)(5)(D) of the Trade Agreements Act of 1979 (19 
U.S.C. 2578b(a)(5)(D)) is amended by striking ‘‘the 
NAFTA countries (as defined in section 2(4) of the North 
American Free Trade Agreement Implementation Act)’’ and 
inserting ‘‘the USMCA countries (as defined in section 3 
of the United States-Mexico-Canada Agreement Implemen-
tation Act (19 U.S.C. 4502))’’. 
(g) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on July 1, 2020. 
TITLE VII—DEPUTY ARCHITECT 
OF THE CAPITOL AMENDMENTS 
SEC. 701. ARCHITECT OF THE CAPITOL. 
(a) DELEGATION OF AUTHORITY.—The matter under 
the heading ‘‘OFFICE OF THE ARCHITECT OF THE CAPITOL’’ 
under the heading ‘‘ARCHITECT OF THE CAPITOL’’ of 
the Legislative Appropriation Act, 1956 (2 U.S.C. 1803) 
is amended by striking ‘‘delegate to the assistants’’ and all 
that follows through ‘‘2003’’ and inserting ‘‘delegate the du-
ties and authorities of the Architect to officers and employ-
ees of the Office of the Architect of the Capitol, as the Archi-
tect determines appropriate’’. 
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(b) DEPUTY ARCHITECT OF THE CAPITOL.—Section 
1203 of title I of division H of the Consolidated Appropria-
tions Resolution, 2003 (2 U.S.C. 1805) is amended— 
(1) in the section heading, by striking ‘‘CAPITOL/ 
CHIEF OPERATING OFFICER’’ and inserting ‘‘CAP-
ITOL’’; 
(2) in subsection (a), by striking ‘‘There shall 
be’’ and all that follows and inserting ‘‘The Architect 
of the Capitol shall appoint a suitable individual to 
be the Deputy Architect of the Capitol. The Architect 
may delegate to the Deputy Architect such duties as 
the Architect determines are necessary or appro-
priate.’’; 
(3) by striking subsections (b) through (g); 
(4) by redesignating subsection (h) as subsection 
(b); and 
(5) by striking subsections (i) and (j). 
TITLE 
VIII—PANDEMIC 
RE-
SPONSE 
ACCOUNTABILITY 
COMMITTEE AMENDMENTS 
SEC. 801. AMENDMENTS TO THE PANDEMIC RESPONSE AC-
COUNTABILITY COMMITTEE. 
(a) APPROPRIATIONS.— 
(1) IN GENERAL.—Title V of division B of the 
Coronavirus Aid, Relief, and Economic Security Act 
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(Public Law 116–136) is amended in the matter 
under the heading ‘‘PANDEMIC RESPONSE ACCOUNT-
ABILITY COMMITTEE’’ under the heading ‘‘INDE-
PENDENT AGENCIES’’ by striking ‘‘funds provided 
in’’ and inserting ‘‘covered funds and the Coronavirus 
response as provided in section 15010 of’’. 
(2) EMERGENCY
DESIGNATION.—The amounts 
repurposed in this section that were previously des-
ignated by the Congress as an emergency requirement 
pursuant to the Balanced Budget and Emergency 
Deficit Control Act of 1985 are designated by the 
Congress as an emergency requirement pursuant to 
section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
(b) 
DEFINITION
OF
COVERED
FUNDS.—Section 
15010(a)(6) of division B of the Coronavirus, Aid, Relief, 
and Economic Security Act (Public Law 116–136) is 
amended— 
(1) in subparagraph (A), by striking ‘‘this Act’’ 
and inserting ‘‘the Coronavirus Aid, Relief, and Eco-
nomic Security Act (divisions A and B)’’; 
(2) in subparagraph (C), by striking ‘‘or’’ at the 
end; and 
(3) by striking subparagraph (D) and inserting 
the following: 
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‘‘(D) the Paycheck Protection Program and 
Health Care Enhancement Act (Public Law 
116–139); or 
‘‘(E) divisions M and N of the Consolidated 
Appropriations Act, 2021; and’’. 
TITLE IX—ADJUSTMENT OF STA-
TUS FOR LIBERIAN NATION-
ALS EXTENSION 
SEC. 901. EXTENSION OF PERIOD FOR ADJUSTMENT OF 
STATUS FOR CERTAIN LIBERIAN NATIONALS. 
Section 7611(b)(1)(A) of the National Defense Author-
ization Act for Fiscal Year 2020 (Public Law 116–92) is 
amended by striking ‘‘1 year’’ and inserting ‘‘2 years’’. 
TITLE X—CLEAN UP THE CODE 
ACT OF 2019 
SEC. 1001. SHORT TITLE. 
This title may be cited as the ‘‘Clean Up the Code Act 
of 2019’’. 
SEC. 1002. REPEALS. 
The following provisions of title 18, United States 
Code, are repealed: 
(1) Section 46 relating to transportation of 
water hyacinths. 
(2) Section 511A relating to unauthorized appli-
cation of theft prevention decal or device. 
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(3) Section 707 relating to 4–H club emblem 
fraudulently used. 
(4) Section 708 relating to Swiss Confederation 
coat of arms. 
(5) Section 711 relating to ‘‘Smokey Bear’’ char-
acter or name. 
(6) Section 711a relating to ‘‘Woodsy Owl’’ char-
acter, name, or slogan. 
(7) Section 715 relating to ‘‘The Golden Eagle 
Insignia’’. 
(8) Chapter 89—Professions and Occupations. 
(9) Section 1921 relating to receiving Federal 
employees’ compensation after marriage. 
SEC. 1003. CLERICAL AMENDMENTS. 
(a) TABLE OF CHAPTERS FOR PART I OF TITLE 18.— 
The table of chapters for part I of title 18, United States 
Code, is amended by striking the item relating to chapter 
89. 
(b) TABLE OF SECTIONS FOR CHAPTER 3.—The table 
of sections for chapter 3 of title 18, United States Code, 
is amended by striking the item relating to section 46. 
(c) TABLE OF SECTIONS FOR CHAPTER 25.—The table 
of sections for chapter 25 of title 18, United States Code, 
is amended by striking the item relating to section 511A. 
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(d) TABLE OF SECTIONS FOR CHAPTER 33.—The table 
of sections for chapter 33 of title 18, United States Code, 
is amended— 
(1) by striking the item relating to section 707; 
(2) by striking the item relating to section 708; 
(3) by striking the item relating to section 711; 
(4) by striking the item relating to section 711a; 
and 
(5) by striking the item relating to section 715. 
(e) TABLE OF SECTIONS FOR CHAPTER 93.—The table 
of sections for chapter 93 of title 18, United States Code, 
is amended by striking the item relating to section 1921. 
TITLE 
XI—AMENDMENTS 
TO 
PROVISIONS 
RELATING 
TO 
CHILD CARE CENTERS 
SEC. 1101. PROVISIONS RELATING TO CHILD CARE CEN-
TERS. 
(a) SENATE EMPLOYEE CHILD CARE CENTER.—Sec-
tion 19001 of the Coronavirus Aid, Relief, and Economic 
Security Act (2 U.S.C. 2063 note) is amended— 
(1) by striking ‘‘The Secretary’’ and all that fol-
lows through ‘‘per month,’’ and inserting the fol-
lowing: 
‘‘(a) REIMBURSEMENTS.—During the period begin-
ning on July 1, 2020 and ending on the termination date 
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of the public health emergency declared pursuant to section 
319 of the Public Health Service Act (42 U.S.C. 247d) re-
sulting from the COVID–19 pandemic, the Secretary of the 
Senate shall reimburse the Senate Employee Child Care 
Center for expenses, due to measures taken in the Capitol 
complex to combat coronavirus, as calculated under sub-
section (b) and’’; and 
(2) by adding at the end the following: 
‘‘(b) AMOUNT.—The amount of the reimbursement 
under this section for each month of the period described 
in subsection (a) shall be equal to the difference between— 
‘‘(1) the lesser of— 
‘‘(A) the amount of the operating costs (in-
cluding payroll, general, and administrative ex-
penses) of the Center for such month; or 
‘‘(B) $105,000; and 
‘‘(2) the amount of tuition payments collected by 
the Center for such month.’’. 
(b) LITTLE SCHOLARS CHILD DEVELOPMENT CEN-
TER.—Section 19004 of the Coronavirus Aid, Relief, and 
Economic Security Act (2 U.S.C. 162b note) is amended— 
(1) by striking ‘‘The Library of Congress’’ and 
all that follows through ‘‘per month,’’ and inserting 
the following: 
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‘‘(a) REIMBURSEMENTS.—During the period begin-
ning on the date of enactment of the Consolidated Appro-
priations Act, 2021 and ending on the termination date of 
the public health emergency declared pursuant to section 
319 of the Public Health Service Act (42 U.S.C. 247d) re-
sulting from the COVID–19 pandemic, the Library of Con-
gress shall reimburse the Little Scholars Child Development 
Center for expenses, due to measures taken in the Capitol 
complex to combat coronavirus, as calculated under sub-
section (b) and’’; and 
(2) by adding at the end the following: 
‘‘(b) AMOUNT.—The amount of the reimbursement 
under this section for each month of the period described 
in subsection (a) shall be equal to the difference between— 
‘‘(1) the lesser of— 
‘‘(A) the amount of the operating costs (in-
cluding payroll, general, and administrative ex-
penses) of the Center for such month; or 
‘‘(B) $118,500; and 
‘‘(2) the amount of tuition payments collected by 
the Center for such month.’’. 
(3) TINY FINDINGS CHILD DEVELOPMENT CEN-
TER.—Section 19009 of the Coronavirus Aid, Relief, 
and Economic Security Act (Public Law 116–136; 
134 Stat. 579) is amended— 
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(A) by striking ‘‘The Government’’ and all 
that follows through ‘‘per month,’’ and inserting 
the following: 
‘‘(a) REIMBURSEMENTS.—During the period begin-
ning on the date of enactment of the Consolidated Appro-
priations Act, 2021 and ending on the termination date of 
the public health emergency declared pursuant to section 
319 of the Public Health Service Act (42 U.S.C. 247d) re-
sulting from the COVID–19 pandemic, the Government Ac-
countability Office shall reimburse the Tiny Findings Child 
Development Center for expenses, due to measures taken in 
the Capitol complex to combat coronavirus, as calculated 
under subsection (b) and’’; and 
(B) by adding at the end the following: 
‘‘(b) AMOUNT.—The amount of the reimbursement 
under this section for each month of the period described 
in subsection (a) shall be equal to the difference between— 
‘‘(1) the lesser of— 
‘‘(A) the amount of the operating costs (in-
cluding payroll, general, and administrative ex-
penses) of the Center for such month; or 
‘‘(B) $162,500; and 
‘‘(2) the amount of tuition payments collected by 
the Center for such month.’’. 
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TITLE XII—ALASKA NATIVES 
EXTENSION 
SEC. 1201. ALASKA NATIVES. 
Section 424(a) of the Consolidated Appropriations Act, 
2014 (Public Law 113–76), as amended by section 428 of 
the Consolidated Appropriations Act, 2018 (Public Law 
115–141), shall be applied by substituting ‘‘October 1, 
2022’’ for ‘‘October 1, 2019’’. 
TITLE XIII—OPEN TECHNOLOGY 
FUND OPPORTUNITY TO CON-
TEST PROPOSED DEBARMENT 
SEC. 1301. OPEN TECHNOLOGY FUND OPPORTUNITY TO 
CONTEST PROPOSED DEBARMENT. 
(a) EFFECTIVE DATE.—Section 1299Q of the William 
M. (Mac) Thornberry National Defense Authorization Act 
for Fiscal Year 2021 is amended by adding at the end the 
following: 
‘‘(g) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the date that 
is 90 days after the date of the enactment of this Act.’’. 
(b) OPEN TECHNOLOGY FUND OPPORTUNITY TO CON-
TEST PROPOSED DEBARMENT.—Notwithstanding any pro-
vision of law or regulation, including section 513.313 of 
title 22, Code of Federal Regulations, in any debarment 
proceeding concerning the Open Technology Fund that is 
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initiated prior to the date of enactment of this Act, the Open 
Technology Fund shall have 90 calendar days after receipt 
of any notice of proposed debarment to submit, in person, 
in writing, or through a representative, information and 
argument in opposition to the proposed debarment, before 
such proposed debarment may proceed to additional pro-
ceedings or decision. 
TITLE XIV—BUDGETARY 
EFFECTS 
SEC. 1401. BUDGETARY EFFECTS. 
(a) STATUTORY PAYGO SCORECARDS.—The budg-
etary effects of division N, this division, and each suc-
ceeding division, except for title VIII of division O and title 
XIII of division FF, shall not be entered on either PAYGO 
scorecard maintained pursuant to section 4(d) of the Statu-
tory Pay-As-You-Go Act of 2010. 
(b) SENATE PAYGO SCORECARDS.—The budgetary ef-
fects of division N, this division, and each succeeding divi-
sion, except for title VIII of division O and title XIII of 
division FF, shall not be entered on any PAYGO scorecard 
maintained for purposes of section 4106 of H. Con. Res. 
71 (115th Congress). 
(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Not-
withstanding Rule 3 of the Budget Scorekeeping Guidelines 
set forth in the joint explanatory statement of the committee 
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of conference accompanying Conference Report 105–217 
and section 250(c)(8) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, the budgetary effects of 
division N, this division, and each succeeding division, ex-
cept for title VIII of division O and title XIII of division 
FF, shall not be estimated— 
(1) for purposes of section 251 of such Act; and 
(2) for purposes of paragraph (4)(C) of section 
3 of the Statutory Pay-As-You-Go Act of 2010 as 
being included in an appropriation Act. 
(d) BALANCES ON THE PAYGO SCORECARDS.—Effec-
tive on the date of the adjournment of the second session 
of the 116th Congress, and for the purposes of the annual 
report issued pursuant to section 5 of the Statutory Pay- 
As-You-Go Act of 2010 (2 U.S.C. 934) after such adjourn-
ment and for determining whether a sequestration order is 
necessary under such section, the balances on the PAYGO 
scorecards established pursuant to paragraphs (4) and (5) 
of section 4(d) of such Act shall be zero. 
DIVISION P—NATIONAL BIO AND 
AGRO-DEFENSE FACILITY ACT 
OF 2020 
SEC. 1. SHORT TITLE. 
This division may be cited as the ‘‘National Bio and 
Agro-Defense Facility Act of 2020’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) ANIMAL.—The term ‘‘animal’’ has the mean-
ing given the term in section 10403 of the Animal 
Health Protection Act (7 U.S.C. 8302). 
(2) 
TRANSBOUNDARY
DISEASE.—The 
term 
‘‘transboundary disease’’ has the meaning given the 
term in section 12203(a) of the Agriculture Improve-
ment Act of 2018 (7 U.S.C. 8914(a)). 
(3) VETERINARY COUNTERMEASURE.—The term 
‘‘veterinary countermeasure’’ has the meaning given 
the term in section 10403 of the Animal Health Pro-
tection Act (7 U.S.C. 8302). 
SEC. 3. NATIONAL BIO AND AGRO-DEFENSE FACILITY. 
(a) IN GENERAL.—The National Bio and Agro-Defense 
Facility shall be a national security laboratory asset to pro-
vide integrated research, development, and test and evalua-
tion infrastructure to improve preparedness and response 
capabilities to prevent, detect, respond to, or mitigate harm 
resulting from animal pests or diseases and zoonotic dis-
eases for the purpose of defending the United States against 
bio- and agro-threats, whether naturally occurring or inten-
tional. 
(b) MISSION.—Pursuant to subsection (a), the mission 
of the National Bio and Agro-Defense Facility shall be to 
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protect the food supply, agriculture, and public health of 
the United States, including by— 
(1) integrating agricultural, zoonotic disease, 
and other research, as appropriate; 
(2) addressing threats from high-consequence 
zoonotic disease agents, emerging foreign animal dis-
eases, and animal transboundary diseases; 
(3) addressing biological threats; 
(4) ensuring that research conducted at the Na-
tional Bio and Agro-Defense Facility addresses gaps 
that fall between the ongoing animal and zoonotic 
disease research efforts across the Federal Government 
and does not duplicate those ongoing efforts; 
(5) facilitating, integrating, and coordinating 
the development and implementation of the strategic 
plan for research under section 4(a)(2), relating to 
protection of the food supply, agriculture, and public 
health of the United States; 
(6) providing appropriate education and train-
ing to prepare for and respond to bio- and agro-de-
fense threats; 
(7) sharing data and related information with 
appropriate Federal departments or agencies, as re-
quested by the heads of those departments or agencies, 
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or as necessary, to support biological material threat 
assessments; and 
(8) sharing data and related information, and 
developing strategic partnerships, to enhance the car-
rying out of the duties of the National Bio and Agro- 
Defense Facility for the development of priority 
zoonotic animal disease diagnostics, vaccines, drugs, 
and other countermeasures. 
SEC. 4. EVALUATION AND RESEARCH PLAN. 
(a) IN GENERAL.—Not less frequently than biennially, 
the Secretary of Agriculture, in coordination with the Sec-
retary of Homeland Security and the heads of other appro-
priate Federal departments and agencies, shall— 
(1) evaluate the work of the National Bio and 
Agro-Defense Facility; 
(2) develop, biennially update, and publish a 
strategic plan for research at the National Bio and 
Agro-Defense Facility based on priority risk and 
threat assessments, including strategies to— 
(A) develop veterinary countermeasures for 
emerging foreign animal diseases and animal 
transboundary diseases; 
(B) provide advanced testing, diagnostic, 
and evaluation capabilities for threat detection, 
vulnerability assessments of animal and zoonotic 
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diseases, and veterinary countermeasures for ani-
mal and zoonotic diseases; 
(C) assist, as appropriate, with the develop-
ment, and address vulnerability assessments, of 
the agriculture and food sectors; 
(D) address gaps in the ongoing animal 
and zoonotic disease research efforts across the 
Federal Government, ensuring not to duplicate 
those ongoing efforts; and 
(E) be used for such other purposes as the 
Secretary of Agriculture, in consultation with 
the Secretary of Homeland Security and the 
heads of other appropriate Federal departments 
and agencies, determines to be appropriate; and 
(3) submit to the Committee on Agriculture, Nu-
trition, and Forestry of the Senate, the Committee on 
Homeland Security and Governmental Affairs of the 
Senate, the Committee on Agriculture of the House of 
Representatives, and the Committee on Homeland Se-
curity of the House of Representatives, the strategic 
plan for research described in paragraph (2). 
(b) CLASSIFIED INFORMATION.—The strategic plan for 
research required under subsection (a)(2)— 
(1) shall be published in an unclassified format 
that is publicly available; 
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(2) shall be submitted under subsection (a)(3) in 
unclassified form; and 
(3) may include in the submission under sub-
section (a)(3) a classified annex for any sensitive or 
classified information, as necessary. 
SEC. 5. AVAILABILITY OF DATA AND CONGRESSIONAL 
BRIEFINGS. 
(a) IN GENERAL.—Every 6 months until the date de-
scribed in subsection (b), the Secretary of Agriculture, the 
Secretary of Homeland Security, and the heads of other ap-
propriate Federal departments and agencies, as appro-
priate, shall provide to the Committees on Agriculture, Nu-
trition, and Forestry and Homeland Security and Govern-
mental Affairs of the Senate and the Committees on Agri-
culture and Homeland Security of the House of Representa-
tives a report and briefing describing— 
(1) progress under each phase described in the 
memorandum of agreement entitled ‘‘Memorandum of 
Agreement Between the U.S. Department of Agri-
culture Marketing and Regulatory Programs, the U.S. 
Department of Agriculture Research, Education, and 
Economics, and the Department of Homeland Secu-
rity Science and Technology Directorate’’ and dated 
June 20, 2019, that is not completed as of the date 
of enactment of this Act; 
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(2) the status of the actions taken pursuant to 
the areas of collaborative opportunity and responsibil-
ities as described in the memorandum of under-
standing entitled ‘‘Memorandum of Understanding 
Between the U.S. Department of Agriculture Mar-
keting and Regulatory Programs, the U.S. Depart-
ment of Agriculture Research, Education, and Eco-
nomics, and the Department of Homeland Security 
Science and Technology Directorate for National Bio 
and Agro-Defense Facility Collaboration’’ and dated 
January 7, 2020; and 
(3) the operations and mission of the National 
Bio and Agro-Defense Facility, including the coordi-
nation and carrying out of— 
(A) the memorandum of agreement and 
memorandum of understanding described in 
paragraphs (1) and (2), respectively; 
(B) any successor memoranda of agreement 
or understanding to the memorandum of agree-
ment and memorandum of understanding de-
scribed in paragraphs (1) and (2), respectively; 
(C) any similar joint agreement or under-
standing between the Department of Agriculture 
and the Department of Homeland Security, or 
other relevant agencies, that documents the bio-
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defense mission of the National Bio and Agro- 
Defense Facility; and 
(D) research, including a description of the 
users of the National Bio and Agro-Defense Fa-
cility. 
(b) TERMINATION.—The reporting and briefing re-
quirements under subsection (a) shall terminate on the date 
that is 5 years after the date on which the National Bio 
and Agro-Defense Facility attains full operating capability. 
SEC. 6. BUDGET AND REPORT. 
(a) BUDGET.—Concurrently with each budget submis-
sion to the Director of the Office of Management and Budg-
et, the Secretary of Agriculture, the Secretary of Homeland 
Security, and the heads of other appropriate Federal de-
partments and agencies, as required by Homeland Security 
Presidential Directive 9, shall jointly submit to the Director 
of the Office of Management and Budget an integrated 
budget plan for the defense and protection of the food supply 
of the United States, including the operation and use of 
the National Bio and Agro-Defense Facility. 
(b) REPORT.—Not later than 60 days after the date 
on which the budget of the United States Government is 
submitted by the President under section 1105 of title 31, 
United States Code, for each fiscal year, the Secretary of 
Agriculture, the Secretary of Homeland Security, and the 
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heads of other appropriate Federal departments and agen-
cies shall jointly submit to Congress a report describing an 
integrated budget plan described in subsection (a), which 
shall be consistent with the budget submission of the Presi-
dent under that section for the defense and protection of 
the food supply of the United States, including the oper-
ation and use of the National Bio and Agro-Defense Facil-
ity. 
SEC. 7. EFFECT ON OTHER AUTHORITIES. 
Nothing in this Act affects the authority of the Sec-
retary of Agriculture or the Secretary of Homeland Secu-
rity under any other provision of law or program relating 
to the protection of food supplies, agriculture, or public 
health. 
DIVISION Q—FINANCIAL SERV-
ICES PROVISIONS AND INTEL-
LECTUAL PROPERTY 
TITLE I—FINANCIAL SERVICES 
PROVISIONS 
SEC. 101. CARBON MONOXIDE ALARMS OR DETECTORS IN 
FEDERALLY ASSISTED HOUSING. 
(a) FINDINGS.—Congress finds that— 
(1) carbon monoxide alarms are not required by 
federally assisted housing programs, when not re-
quired by State or local codes; 
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(2) numerous federally assisted housing residents 
have lost their lives due to carbon monoxide poi-
soning; 
(3) the effects of carbon monoxide poisoning 
occur immediately and can result in death in a mat-
ter of minutes; 
(4) carbon monoxide exposure can cause perma-
nent brain damage, life-threatening cardiac complica-
tions, fetal death or miscarriage, and death, among 
other harmful health conditions; 
(5) carbon monoxide poisoning is especially dan-
gerous for unborn babies, children, elderly individ-
uals, and individuals with cardiovascular disease, 
among others with chronic health conditions; 
(6) the majority of the 4,600,000 families receiv-
ing Federal housing assistance are families with 
young children, elderly individuals, or individuals 
with disabilities, making them especially vulnerable 
to carbon monoxide poisoning; 
(7) more than 400 people die and 50,000 addi-
tional people visit the emergency room annually as a 
result of carbon monoxide poisoning; 
(8) carbon monoxide poisoning is entirely pre-
ventable and early detection is possible with the use 
of carbon monoxide alarms; 
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(9) the Centers for Disease Control and Preven-
tion warns that carbon monoxide poisoning is en-
tirely preventable and recommends the installation of 
carbon monoxide alarms; 
(10) the Office of Lead Hazard Control and 
Healthy Homes of the Department of Housing and 
Urban Development recommends the installation of 
carbon monoxide alarms as a best practice to keep 
families and individuals safe and to protect health; 
and 
(11) in order to safeguard the health and well- 
being of tenants in federally assisted housing, the 
Federal Government should consider best practices for 
primary prevention of carbon monoxide-related inci-
dents. 
(b) PUBLIC HOUSING, TENANT-BASED ASSISTANCE, 
AND PROJECT-BASED ASSISTANCE.—The United States 
Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended— 
(1) in section 3(a) (42 U.S.C. 1437a(a)), by add-
ing at the end the following: 
‘‘(8) CARBON MONOXIDE ALARMS.—Each public 
housing agency shall ensure that carbon monoxide 
alarms or detectors are installed in each dwelling 
unit in public housing owned or operated by the pub-
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lic housing agency in a manner that meets or ex-
ceeds— 
‘‘(A) the standards described in chapters 9 
and 11 of the 2018 publication of the Inter-
national Fire Code, as published by the Inter-
national Code Council; or 
‘‘(B) any other standards as may be adopt-
ed by the Secretary, including any relevant up-
dates to the International Fire Code, through a 
notice published in the Federal Register.’’; and 
(2) in section 8 (42 U.S.C. 1437f)— 
(A) by inserting after subsection (i) the fol-
lowing: 
‘‘(j) CARBON MONOXIDE ALARMS.—Each owner of a 
dwelling unit receiving project-based assistance under this 
section shall ensure that carbon monoxide alarms or detec-
tors are installed in the dwelling unit in a manner that 
meets or exceeds— 
‘‘(1) the standards described in chapters 9 and 
11 of the 2018 publication of the International Fire 
Code, as published by the International Code Council; 
or 
‘‘(2) any other standards as may be adopted by 
the Secretary, including any relevant updates to the 
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International Fire Code, through a notice published 
in the Federal Register.’’; and 
(B) in subsection (o), by adding at the end 
the following: 
‘‘(21) CARBON MONOXIDE ALARMS.—Each dwell-
ing unit receiving tenant-based assistance or project- 
based assistance under this subsection shall have car-
bon monoxide alarms or detectors installed in the 
dwelling unit in a manner that meets or exceeds— 
‘‘(A) the standards described in chapters 9 
and 11 of the 2018 publication of the Inter-
national Fire Code, as published by the Inter-
national Code Council; or 
‘‘(B) any other standards as may be adopt-
ed by the Secretary, including any relevant up-
dates to the International Fire Code, through a 
notice published in the Federal Register.’’. 
(c) SUPPORTIVE HOUSING FOR THE ELDERLY.—Sec-
tion 202(j) of the Housing Act of 1959 (12 U.S.C. 1701q(j)) 
is amended by adding at the end the following: 
‘‘(9) CARBON MONOXIDE ALARMS.—Each owner 
of a dwelling unit assisted under this section shall en-
sure that carbon monoxide alarms or detectors are in-
stalled in the dwelling unit in a manner that meets 
or exceeds— 
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‘‘(A) the standards described in chapters 9 
and 11 of the 2018 publication of the Inter-
national Fire Code, as published by the Inter-
national Code Council; or 
‘‘(B) any other standards as may be adopt-
ed by the Secretary, including any relevant up-
dates to the International Fire Code, through a 
notice published in the Federal Register.’’. 
(d) SUPPORTIVE HOUSING FOR PERSONS WITH DIS-
ABILITIES.—Section 811(j) of the Cranston-Gonzalez Na-
tional Affordable Housing Act (42 U.S.C. 8013(j)) is 
amended by adding at the end the following: 
‘‘(7) CARBON MONOXIDE ALARMS.—Each dwell-
ing unit assisted under this section shall contain in-
stalled carbon monoxide alarms or detectors that meet 
or exceed— 
‘‘(A) the standards described in chapters 9 
and 11 of the 2018 publication of the Inter-
national Fire Code, as published by the Inter-
national Code Council; or 
‘‘(B) any other standards as may be adopt-
ed by the Secretary, including any relevant up-
dates to the International Fire Code, through a 
notice published in the Federal Register.’’. 
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(e) HOUSING OPPORTUNITIES FOR PERSONS WITH 
AIDS.—Section 856 of the Cranston-Gonzalez National Af-
fordable Housing Act (42 U.S.C. 12905) is amended by add-
ing at the end the following new subsection: 
‘‘(i) CARBON
MONOXIDE
ALARMS.— 
Each dwelling unit assisted under this sub-
title shall contain installed carbon mon-
oxide alarms or detectors that meet or ex-
ceed— 
‘‘(1) the standards described in chapters 9 and 
11 of the 2018 publication of the International Fire 
Code, as published by the International Code Council; 
or 
‘‘(2) any other standards as may be adopted by 
the Secretary, including any relevant updates to the 
International Fire Code, through a notice published 
in the Federal Register.’’. 
(f) RURAL HOUSING.—Title V of the Housing Act of 
1949 (42 U.S.C. 1471 et seq.) is amended— 
(1) in section 514 (42 U.S.C. 1484), by adding 
at the end the following: 
‘‘(j) Housing and related facilities constructed with 
loans under this section shall contain installed carbon mon-
oxide alarms or detectors that meet or exceed— 
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‘‘(1) the standards described in chapters 9 and 
11 of the 2018 publication of the International Fire 
Code, as published by the International Code Council; 
or 
‘‘(2) any other standards as may be adopted by 
the Secretary, in collaboration with the Secretary of 
Housing and Urban Development, including any rel-
evant updates to the International Fire Code, through 
a notice published in the Federal Register.’’; and 
(2) in section 515(m) (42 U.S.C. 1485(m))— 
(A) by inserting ‘‘(1)’’ before ‘‘The Sec-
retary shall establish’’; and 
(B) by adding at the end the following: 
‘‘(2) Housing and related facilities rehabilitated 
or repaired with amounts received under a loan made 
or insured under this section shall contain installed 
carbon monoxide alarms or detectors that meet or ex-
ceed— 
‘‘(A) the standards described in chapters 9 
and 11 of the 2018 publication of the Inter-
national Fire Code, as published by the Inter-
national Code Council; or 
‘‘(B) any other standards as may be adopt-
ed by the Secretary, in collaboration with the 
Secretary of Housing and Urban Development, 
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including any relevant updates to the Inter-
national Fire Code, through a notice published 
in the Federal Register.’’. 
(g) GUIDANCE.—The Secretary of Housing and Urban 
Development shall provide guidance to public housing agen-
cies (as defined in section 3(b)(6) of the United States 
Housing Act of 1937 (42 U.S.C. 1437a(b)(6)) on how to 
educate tenants on health hazards in the home, including 
to carbon monoxide poisoning, lead poisoning, asthma in-
duced by housing-related allergens, and other housing-re-
lated preventable outcomes, to help advance primary pre-
vention and prevent future deaths and other harms. 
(h) EFFECTIVE DATE.—The amendments made by sub-
sections (b) through (e) shall take effect on the date that 
is 2 years after the date of enactment of this Act. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section and 
the amendments made by this section, $101,400,000 per 
year for each of fiscal years 2021, 2022, and 2023. 
(j) NO PREEMPTION.—Nothing in the amendments 
made by this section shall be construed to preempt or limit 
the applicability of any State or local law relating to the 
installation and maintenance of carbon monoxide alarms 
or detectors in housing that requires standards that are 
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more stringent than the standards described in the amend-
ments made by this section. 
(k) STUDY
ON INCLUSION
OF CARBON MONOXIDE 
ALARMS OR DETECTORS IN OTHER UNITS.—The Secretary 
of Housing and Urban Development, in consultation with 
the Consumer Product Safety Commission, shall conduct a 
study and issue a publicly available report on requiring 
carbon monoxide alarms or detectors in federally assisted 
housing that is not covered in the amendments made by 
this section. 
SEC. 102. PARTICIPATION OF INDIAN TRIBES AND TRIB-
ALLY DESIGNATED HOUSING ENTITIES IN 
CONTINUUM OF CARE PROGRAM. 
(a) IN GENERAL.—Title IV of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11360 et seq.) is 
amended— 
(1) in section 401 (42 U.S.C. 11360)— 
(A) by redesignating paragraphs (10) 
through (33) as paragraphs (12) through (35), 
respectively; 
(B) by redesignating paragraphs (8) and 
(9) as paragraphs (9) and (10), respectively; 
(C) by inserting after paragraph (7) the fol-
lowing: 
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‘‘(8) FORMULA AREA.—The term ‘formula area’ 
has the meaning given the term in section 1000.302 
of title 24, Code of Federal Regulations, or any suc-
cessor regulation.’’; 
(D) in paragraph (9), as so redesignated, by 
inserting ‘‘a formula area,’’ after ‘‘nonentitle-
ment area,’’; and 
(E) by inserting after paragraph (10), as so 
redesignated, the following: 
‘‘(11) INDIAN TRIBE.—The term ‘Indian Tribe’ 
has the meaning given the term ‘Indian tribe’ in sec-
tion 4 of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 
4103).’’; and 
(2) in subtitle C (42 U.S.C. 11381 et seq.), by 
adding at the end the following: 
‘‘SEC. 435. INDIAN TRIBES AND TRIBALLY DESIGNATED 
HOUSING ENTITIES. 
‘‘Notwithstanding any other provision of this title, for 
purposes of this subtitle, an Indian Tribe or tribally des-
ignated housing entity (as defined in section 4 of the Native 
American Housing Assistance and Self-Determination Act 
of 1996 (25 U.S.C. 4103)) may— 
‘‘(1) be a collaborative applicant or eligible enti-
ty; or 
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‘‘(2) receive grant amounts from another entity 
that receives a grant directly from the Secretary, and 
use the amounts in accordance with this subtitle.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of contents in section 101(b) of the McKinney-Vento 
Homeless Assistance Act (Public Law 100–77; 101 Stat. 
482) is amended by inserting after the item relating to sec-
tion 434 the following: 
‘‘Sec. 435. Indian Tribes and tribally designated housing entities.’’. 
SEC. 103. FOSTERING STABLE HOUSING OPPORTUNITIES. 
(a) DEFINITION OF FAMILY.—Subparagraph (A) of 
section 3(b)(3) of the United States Housing Act of 1937 
(42 U.S.C. 1437a(b)(3)(A)) is amended— 
(1) in the first sentence— 
(A) by striking ‘‘(v)’’ and inserting ‘‘(vi)’’; 
and 
(B) by inserting after ‘‘tenant family,’’ the 
following: ‘‘(v) a youth described in section 
8(x)(2)(B),’’; and 
(2) in the second sentence, by inserting ‘‘or (vi)’’ 
after ‘‘clause (v)’’. 
(b) HOUSING CHOICE VOUCHERS
FOR FOSTERING 
STABLE HOUSING OPPORTUNITIES.— 
(1) ASSISTANCE FOR YOUTH AGING OUT OF FOS-
TER CARE.—Section 8(x) of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437f(x)) is amended— 
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(A) in paragraph (2), by inserting ‘‘subject 
to paragraph (5),’’ after ‘‘(B)’’; 
(B) in paragraph (3)— 
(i) By striking ‘‘(3) ALLOCATION.— 
The’’ and inserting the following: 
‘‘(3) ALLOCATION.— 
‘‘(A) IN GENERAL.—The’’; and 
(ii) by adding at the end the following 
new subparagraph: 
‘‘(B) ASSISTANCE FOR YOUTH AGING OUT 
OF FOSTER CARE.—Notwithstanding any other 
provision of law, the Secretary shall, subject only 
to the availability of funds, allocate such assist-
ance to any public housing agencies that (i) ad-
minister assistance pursuant to paragraph 
(2)(B), or seek to administer such assistance, 
consistent with procedures established by the Sec-
retary, (ii) have requested such assistance so that 
they may provide timely assistance to eligible 
youth, and (iii) have submitted to the Secretary 
a statement describing how the agency will con-
nect assisted youths with local community re-
sources and self-sufficiency services, to the extent 
they are available, and obtain referrals from 
public child welfare agencies regarding youths in 
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foster care who become eligible for such assist-
ance.’’; 
(C) by redesignating paragraph (5) as 
paragraph (6); and 
(D) by inserting after paragraph (4) the fol-
lowing new paragraph: 
‘‘(5) REQUIREMENTS
FOR
ASSISTANCE
FOR 
YOUTH AGING OUT OF FOSTER CARE.—Assistance pro-
vided under this subsection for an eligible youth pur-
suant to paragraph (2)(B) shall be subject to the fol-
lowing requirements: 
‘‘(A) REQUIREMENTS TO EXTEND ASSIST-
ANCE.— 
‘‘(i) PARTICIPATION IN FAMILY SELF- 
SUFFICIENCY.—In the case of a public hous-
ing agency that is providing such assistance 
under this subsection on behalf of an eligible 
youth and that is carrying out a family 
self-sufficiency program under section 23, 
the agency shall, subject only to the avail-
ability of such assistance, extend the provi-
sion of such assistance for up to 24 months 
beyond the period referred to in paragraph 
(2)(B), but only during such period that the 
youth is in compliance with the terms and 
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conditions applicable under section 23 and 
the regulations implementing such section to 
a person participating in a family self-suf-
ficiency program. 
‘‘(ii) EDUCATION, WORKFORCE DEVEL-
OPMENT, OR EMPLOYMENT.—In the case of 
a public housing agency that is providing 
such assistance under this subsection on be-
half of an eligible youth and that is not car-
rying out a family self-sufficiency program 
under section 23, or is carrying out such a 
program in which the youth has been un-
able to enroll, the agency shall, subject only 
to the availability of such assistance, extend 
the provision of such assistance for two suc-
cessive 12-month periods, after the period 
referred to in paragraph (2)(B), but only if 
for not less than 9 months of the 12-month 
period preceding each such extension the 
youth was— 
‘‘(I) engaged in obtaining a recog-
nized postsecondary credential or a sec-
ondary school diploma or its recog-
nized equivalent; 
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‘‘(II) enrolled in an institution of 
higher education, as such term is de-
fined in section 101(a) of the Higher 
Education Act of 1965 (20 U.S.C. 
1001(a)) and including the institutions 
described in subparagraphs (A) and 
(B) of section 102(a)(1) of such Act (20 
U.S.C. 1002(a)(1)); or 
‘‘(III) participating in a career 
pathway, as such term is defined in 
section 3 of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 
3102). 
Notwithstanding any other provision of this 
clause, a public housing agency shall con-
sider employment as satisfying the require-
ments under this subparagraph. 
‘‘(iii) EXCEPTIONS.—Notwithstanding 
clauses (i) and (ii), a public housing agency 
that is providing such assistance under this 
subsection on behalf of an eligible youth 
shall extend the provision of such assistance 
for up to 24 months beyond the period re-
ferred to in paragraph (2)(B), and clauses 
(i) and (ii) of this subparagraph shall not 
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apply, if the eligible youth certifies that he 
or she is— 
‘‘(I) a parent or other household 
member responsible for the care of a 
dependent child under the age of 6 or 
for the care of an incapacitated person; 
‘‘(II) a person who is regularly 
and actively participating in a drug 
addiction or alcohol treatment and re-
habilitation program; or 
‘‘(III) a person who is incapable 
of complying with the requirement 
under clause (i) or (ii), as applicable, 
due to a documented medical condi-
tion. 
‘‘(iv) VERIFICATION OF COMPLIANCE.— 
The Secretary shall require the public hous-
ing agency to verify compliance with the re-
quirements under this subparagraph by 
each eligible youth on whose behalf the agen-
cy provides such assistance under this sub-
section on an annual basis in conjunction 
with reviews of income for purposes of de-
termining income eligibility for such assist-
ance. 
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‘‘(B) SUPPORTIVE SERVICES.— 
‘‘(i) ELIGIBILITY.—Each eligible youth 
on whose behalf such assistance under this 
subsection is provided shall be eligible for 
any supportive services (as such term is de-
fined in section 3 of the Workforce Innova-
tion and Opportunity Act (29 U.S.C. 
3102)) made available, in connection with 
any housing assistance program of the 
agency, by or through the public housing 
agency providing such assistance. 
‘‘(ii) INFORMATION.—Upon the initial 
provision of such assistance under this sub-
section on behalf of any eligible youth, the 
public housing agency shall inform such eli-
gible youth of the existence of any programs 
or services referred to in clause (i) and of 
their eligibility for such programs and serv-
ices. 
‘‘(C) APPLICABILITY TO MOVING TO WORK 
AGENCIES.—Notwithstanding any other provi-
sion of law, the requirements of this paragraph 
shall apply to assistance under this subsection 
pursuant to paragraph (2)(B) made available by 
each public housing agency participating in the 
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Moving to Work Program under section 204 of 
the Departments of Veterans Affairs and Hous-
ing and Urban Development, and Independent 
Agencies Appropriations Act, 1996 (42 U.S.C. 
1437f note), except that in lieu of compliance 
with clause (i) or (ii) of subparagraph (A) of 
this paragraph, such an agency may comply 
with the requirements under such clauses by 
complying with such terms, conditions, and re-
quirements as may be established by the agency 
for persons on whose behalf such rental assist-
ance under this subsection is provided. 
‘‘(D) TERMINATION
OF
VOUCHERS
UPON 
TURN-OVER.—A public housing agency shall not 
reissue any such assistance made available from 
appropriated funds when assistance for the youth 
initially assisted is terminated, unless specifi-
cally authorized by the Secretary. 
‘‘(E) REPORTS.— 
‘‘(i) IN GENERAL.—The Secretary shall 
require each public housing agency that 
provides such assistance under this sub-
section in any fiscal year to submit a report 
to the Secretary for such fiscal year that— 
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‘‘(I) specifies the number of per-
sons on whose behalf such assistance 
under this subsection was provided 
during such fiscal year; 
‘‘(II) specifies the number of per-
sons who applied during such fiscal 
year for such assistance under this sub-
section, but were not provided such as-
sistance, and provides a brief identi-
fication in each instance of the reason 
why the public housing agency was un-
able to award such assistance; and 
‘‘(III) describes how the public 
housing agency communicated or col-
laborated with public child welfare 
agencies to collect such data. 
‘‘(ii) INFORMATION
COLLECTIONS.— 
The Secretary shall, to the greatest extent 
possible, utilize existing information collec-
tions, including the voucher management 
system (VMS), the Inventory Management 
System/PIH 
Information 
Center 
(IMS/ 
PIC), or the successors of those systems, to 
collect information required under this sub-
paragraph. 
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‘‘(F) CONSULTATION.—The Secretary shall 
consult with the Secretary of Health and Human 
Services to provide such information and guid-
ance to the Secretary of Health and Human 
Services as may be necessary to facilitate such 
Secretary in informing States and public child 
welfare agencies on how to correctly and effi-
ciently implement and comply with the require-
ments of this subsection relating to assistance 
provided pursuant to paragraph (2)(B).’’. 
(2) APPLICABILITY TO FOSTERING STABLE HOUS-
ING OPPORTUNITIES PROGRAM.—Subparagraph (A) of 
section 8(x)(4) of the United States Housing Act of 
1937 (42 U.S.C. 1437f(x)(4)(A)) is amended by in-
serting before the semicolon at the end the following: 
‘‘and establishing a point of contact at public housing 
agencies to ensure that public housing agencies receive 
appropriate referrals regarding eligible recipients’’. 
(3) PHA ADMINISTRATIVE FEES.—Subsection (q) 
of section 8 of the United States Housing Act of 1937 
(42 U.S.C. 1437f(q)) is amended by adding at the end 
the following new paragraph: 
‘‘(5) SUPPLEMENTS FOR ADMINISTERING ASSIST-
ANCE FOR YOUTH AGING OUT OF FOSTER CARE.—The 
Secretary may provide supplemental fees under this 
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subsection to the public housing agency for the cost of 
administering any assistance for foster youth under 
subsection (x)(2)(B), in an amount determined by the 
Secretary, but only if the agency waives for such eli-
gible youth receiving assistance any residency re-
quirement that it has otherwise established pursuant 
to subsection (r)(1)(B)(i).’’. 
(c) EXCEPTIONS TO LIMITATIONS FOR PROJECT-BASED 
VOUCHER ASSISTANCE.— 
(1) PERCENTAGE
LIMITATION.—The first sen-
tence of clause (ii) of section 8(o)(13)(B) of the 
United States Housing Act of 1937 (42 U.S.C. 
1437f(o)(13)(B)(ii)), as amended by section 106(a)(2) 
of the Housing Opportunity Through Modernization 
Act of 2016 (Public Law 114-201), is further amend-
ed by inserting before ‘‘or that’’ the following: ‘‘that 
house eligible youths receiving assistance pursuant to 
subsection (x)(2)(B),’’. 
(2) INCOME-MIXING
REQUIREMENT.—Subclause 
(I) of section 8(o)(13)(D)(ii) of the United States 
Housing 
Act 
of 
1937 
(42 
U.S.C. 
1437f(o)(13)(D)(ii)(I)), 
as 
amended 
by 
section 
106(a)(3) of the Housing Opportunity Through Mod-
ernization Act of 2016 (Public Law 114-201), is fur-
ther amended by inserting after ‘‘elderly families’’ the 
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following: ‘‘, to eligible youths receiving assistance 
pursuant to subsection (x)(2)(B),’’. 
(d) APPLICABILITY.—The amendments made by this 
section shall not apply to housing choice voucher assistance 
made available pursuant to section 8(x) of the United 
States Housing Act of 1937 (42 U.S.C. 1437f(x)) that is 
in use on behalf of an assisted family as of the date of the 
enactment of this Act. 
SEC. 104. HOMELESS ASSISTANCE GRANTS. 
(a) RENEWAL OF CONTINUUM OF CARE PROJECTS.— 
In allocating and awarding amounts provided for the Con-
tinuum of Care program under subtitle C of title IV of the 
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 
et seq.), the Secretary of Housing and Urban Development 
shall renew for one 12-month period, without additional 
competition, all projects with existing grants expiring dur-
ing calendar year 2021, including youth homelessness dem-
onstration projects and shelter plus care projects expiring 
during calendar year 2021, notwithstanding any incon-
sistent provisions in subtitle C of title IV of the McKinney- 
Vento Homeless Assistance Act or any other Act. 
(b) PLANNING
AND
UNIFIED
FUNDING
AGENCY 
AWARDS.—Continuum of Care planning and Unified 
Funding Agency awards expiring in calendar year 2021 
may also be renewed and the Continuum of Care may des-
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ignate a new collaborative applicant to receive the award 
in accordance with the existing process established by the 
Secretary of Housing and Urban Development. 
(c) NOTICE.—The Secretary of Housing and Urban 
Development shall publish a notice that identifies and lists 
all projects and awards eligible for such noncompetitive re-
newal, prescribes the format and process by which the 
projects and awards from the list will be renewed, makes 
adjustments to the renewal amount based on changes to the 
fair market rent, and establishes a maximum amount for 
the renewal of planning and Unified Funding Agency 
awards notwithstanding the requirement that such max-
imum amount be established in a notice of funding avail-
ability. 
SEC. 105. IMPROVEMENTS TO LOAN GUARANTEES FOR IN-
DIAN HOUSING. 
(a) FINDINGS.—Congress finds that— 
(1) the extended timelines for approving lenders’ 
applications to participate in the program established 
under section 184 of the Housing and Community 
Development Act of 1992 (12 U.S.C. 1715z–13a) are 
unacceptably long; 
(2) those extended timelines inhibit the ability of 
lenders to provide needed mortgage loans on Native 
American reservations; and 
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(3) it can take a significant amount of time for 
certain Bureau of Indian Affairs Land Title and 
Records Offices to issue final certified title status re-
ports for mortgages issued on Indian trust land under 
section 184 of the Housing and Community Develop-
ment Act of 1992 (12 U.S.C. 1715z–13a), which 
delays the guarantee of the loan by the Department 
of Housing and Urban Development. 
(b) DOCUMENTATION REQUIRED FOR INDIAN TRUST 
LAND.—Section 184(c) of the Housing and Community De-
velopment Act of 1992 (12 U.S.C. 1715z–13a(c)) is amend-
ed by adding at the end the following: 
‘‘(5) TRAILING DOCUMENTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
issue a certificate of guarantee under this sub-
section for a loan involving a security interest in 
Indian trust land before the Secretary receives 
the trailing documents required by the Secretary 
from the Bureau of Indian Affairs, including the 
final certified title status report showing the rec-
ordation by the Bureau of Indian Affairs of the 
mortgage relating to the loan, if the originating 
lender agrees to indemnify the Secretary for any 
losses that may result when— 
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‘‘(i) a claim payment is presented to 
the Secretary due to the default of the bor-
rower on the loan; and 
‘‘(ii) the required trailing documents 
are outstanding. 
‘‘(B) TERMINATION
OF
INDEMNIFICATION 
AGREEMENT.—An indemnification agreement be-
tween an originating lender and the Secretary 
described in subparagraph (A) shall only termi-
nate upon receipt by the Secretary of the trailing 
documents described in that subparagraph in a 
form and manner that is acceptable to the Sec-
retary. 
‘‘(C) RULE OF CONSTRUCTION.—Nothing in 
this paragraph shall be construed as authorizing 
the Bureau of Indian Affairs to delay the 
issuance of a final certified title status report 
and recorded mortgage relating to a loan closed 
on Indian trust land.’’. 
(c) REPORTING.—The Secretary of Housing and 
Urban Development shall— 
(1) report to the Committee on Banking, Hous-
ing, and Urban Affairs and the Committee on Indian 
Affairs of the Senate and the Committee on Financial 
Services and the Committee on Natural Resources of 
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the House of Representatives on a semi-annual basis 
on the progress that the Secretary is making to accel-
erate the processing of loan applications on fee simple 
and Indian trust land under section 184 of the Hous-
ing and Community Development Act of 1992 (12 
U.S.C. 1715z–13a); and 
(2) if there is no improvement in accelerating 
those processing timelines, submit to the committees 
described in paragraph (1) a report explaining the 
lack of improvement. 
SEC. 106. STUDY ON THE PROVISION OF AND RELIANCE 
UPON INVESTMENT RESEARCH INTO SMALL 
ISSUERS. 
(a) STUDY REQUIRED.—The Securities and Exchange 
Commission shall conduct a study to evaluate the issues af-
fecting the provision of and reliance upon investment re-
search into small issuers, including emerging growth com-
panies and companies considering initial public offerings. 
(b) CONTENTS OF STUDY.—The study required under 
subsection (a) shall consider— 
(1) factors related to the demand for such re-
search by institutional and retail investors; 
(2) the availability of such research, including— 
(A) the number and types of firms who pro-
vide such research; 
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(B) the volume of such research over time; 
and 
(C) competition in the research market; 
(3) conflicts of interest relating to the production 
and distribution of investment research; 
(4) the costs of such research; 
(5) the impacts of different payment mechanisms 
for investment research into small issuers, including 
whether such research is paid for by— 
(A) hard-dollar payments from research cli-
ents; 
(B) payments directed from the client’s 
commission income (i.e., ‘‘soft dollars’’); or 
(C) payments from the issuer that is the 
subject of such research; 
(6) any unique challenges faced by minority- 
owned, women-owned, and veteran-owned small 
issuers in obtaining research coverage; and 
(7) the impact on the availability of research 
coverage for small issuers due to— 
(A) investment adviser concentration and 
consolidation, including any potential impacts 
of fund-size on demand for investment research 
of small issuers; 
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(B) broker and dealer concentration and 
consolidation, including any relationships be-
tween the size of the firm and allocation of re-
sources for investment research into small 
issuers; 
(C) Securities and Exchange Commission 
rules; 
(D) registered national securities associa-
tion rules; 
(E) State and Federal liability concerns; 
(F) the settlement agreements referenced in 
Securities and Exchange Commission Litigation 
Release No. 18438 (i.e., the ‘‘Global Research An-
alyst Settlement’’); and 
(G) Directive 2014/65/EU of the European 
Parliament and of the Council of 15 May 2014 
on markets in financial instruments and amend-
ing Directive 2002/92/EC and Directive 2011/61/ 
EU, as implemented by the European Union 
(‘‘EU’’) member states (‘‘MiFID II’’). 
(c) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Securities 
and Exchange Commission shall submit to Congress a re-
port that includes— 
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(1) the results of the study required by subsection 
(a); and 
(2) recommendations to increase the demand for, 
volume of, and quality of investment research into 
small issuers, including emerging growth companies 
and companies considering initial public offerings. 
SEC. 107. STUDY ON THRESHOLD LIMITS APPLICABLE TO 
DIVERSIFIED COMPANIES. 
(a) IN GENERAL.—The Securities and Exchange Com-
mission shall carry out a study of the 10 per centum thresh-
old limitation applicable to the definition of a diversified 
company under section 5(b)(1) of the Investment Company 
Act of 1940 (15 U.S.C. 80a–5(b)(1)) and determine the im-
pacts of such threshold limits upon the protection of inves-
tors, efficiency, competition, and capital formation. 
(b) CONSIDERATIONS.—In carrying out the study re-
quired under subsection (a), the Commission shall consider 
the following: 
(1) The size and number of diversified companies 
that are currently restricted in their ability to own 
more than 10 percent of the voting shares in an indi-
vidual company. 
(2) How the investing preferences of diversified 
companies have shifted over time with respect to com-
panies with smaller market capitalizations and com-
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panies in industries where competition may be lim-
ited. 
(3) The expected impact to small and emerging 
growth companies regarding the availability of cap-
ital, related impacts on investor confidence and risk, 
and impacts on competition, if the threshold is in-
creased or otherwise changed. 
(4) The ability of registered funds to manage li-
quidity risk. 
(5) Any other consideration that the Commission 
considers necessary and appropriate for the protection 
of investors. 
(c) SOLICITATION OF PUBLIC COMMENTS.—In car-
rying out the study required under subsection (a), the Com-
mission may solicit public comments. 
(d) REPORT.—Not later than the end of the 180-day 
period beginning on the date of enactment of this Act, the 
Commission shall issue a report to the Congress, and make 
such report publicly available on the website of the Commis-
sion, containing— 
(1) all findings and determinations made in car-
rying out the study required under subsection (a); 
and 
(2) any legislative recommendations of the Com-
mission. 
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SEC. 108. CYBERSECURITY AND FINANCIAL SYSTEM RESIL-
IENCE REPORT. 
(a) IN GENERAL.—Not later than the end of the 180- 
day period beginning on the date of enactment of this Act, 
and annually thereafter, each banking regulator shall sub-
mit a report to the Committee on Financial Services of the 
House of Representatives and the Committee on Banking, 
Housing, and Urban Affairs of the Senate that provides a 
detailed explanation of measures undertaken to strengthen 
cybersecurity within the financial services sector and with 
respect to the functions of the regulator, including the super-
vision and regulation of financial institutions and, where 
applicable, third-party service providers. Each such report 
shall specifically include a detailed analysis of— 
(1) policies and procedures (including those de-
scribed under section 3554(b) of title 44, United 
States Code) to detect, defend against, and respond 
to— 
(A) efforts to deny access to or degrade, dis-
rupt, or destroy any information and commu-
nications technology system or network, or 
exfiltrate information from such a system or net-
work without authorization; 
(B) destructive malware attacks; 
(C) denial of service activities; and 
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(D) any other efforts that may threaten the 
functions of the banking regulator or entities 
overseen by the regulator by undermining cyber-
security and the resilience of the financial sys-
tem; 
(2) activities to ensure the effective implementa-
tion of policies and procedures described under para-
graph (1), including— 
(A) the appointment of qualified staff, the 
provision of staff training, the use of account-
ability measures to support staff performance, 
and the designation, if any, of senior appointed 
leadership to strengthen accountability for over-
sight of cybersecurity measures within each 
banking regulator and among regulated entities; 
(B) deployment of adequate resources and 
technologies; 
(C) efforts of the banking regulators to re-
spond to cybersecurity-related findings and rec-
ommendations of the Inspector General of the 
banking regulator or the independent evaluation 
described under section 3555 of title 42, United 
States Code; 
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(D) industry efforts to respond to cybersecu-
rity-related findings and recommendations of the 
banking regulators; 
(E) as appropriate, efforts to strengthen cy-
bersecurity in coordination with other Federal 
departments and agencies, domestic and foreign 
financial institutions, and other partners, in-
cluding the development and dissemination of 
best practices regarding cybersecurity and the 
sharing of threat information; and 
(3) any current or emerging threats that are 
likely to pose a risk to the resilience of the financial 
system. 
(b) FORM OF REPORT.—The report required under 
subsection (a) shall be submitted in unclassified form, but 
may include a classified annex, if appropriate. 
(c) CONGRESSIONAL BRIEFING.—Upon request, the 
head of each banking regulator shall provide a detailed 
briefing to the appropriate Members of Congress on each 
report submitted pursuant to subsection (a), except— 
(1) the Chairman of the Board of Governors of 
the Federal Reserve System may designate another 
member of the Board of Governors of the Federal Re-
serve System to provide such briefing; 
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(2) the Chairperson of the Federal Deposit Insur-
ance Corporation may designate another member of 
the Board of Directors of the Corporation to provide 
such briefing; and 
(3) the Chairman of the National Credit Union 
Administration may designate another member of the 
National Credit Union Administration Board to pro-
vide such briefing. 
(d) DEFINITIONS.—For the purposes of this section: 
(1) APPROPRIATE MEMBERS OF CONGRESS.—The 
term ‘‘appropriate Members of Congress’’ means the 
following: 
(A) The Chairman and Ranking Member of 
the Committee on Financial Services of the 
House of Representatives. 
(B) The Chairman and Ranking Member of 
the Committee on Banking, Housing, and Urban 
Affairs of the Senate. 
(2) BANKING REGULATOR.—The term ‘‘banking 
regulator’’ means the Board of Governors of the Fed-
eral Reserve System, the Comptroller of the Currency, 
the Federal Deposit Insurance Corporation, and the 
National Credit Union Administration. 
(3) SENIOR APPOINTED LEADERSHIP.—With re-
spect to a banking regulator, the term ‘‘senior ap-
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pointed leadership’’ means a position that requires 
Senate confirmation. 
(e) SUNSET.—The provisions of this section shall have 
no force or effect on or after the date that is 7 years after 
the date of enactment of this Act. 
TITLE II—INTELLECTUAL 
PROPERTY 
Subtitle A—Copyrights 
SEC. 211. UNAUTHORIZED STREAMING. 
(a) AMENDMENT.—Chapter 113 of title 18, United 
States Code, is amended by inserting after section 2319B 
the following: 
‘‘§ 2319C. Illicit digital transmission services 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the terms ‘audiovisual work’, ‘computer pro-
gram’, ‘copies’, ‘copyright owner’, ‘digital trans-
mission’, ‘financial gain’, ‘motion picture’, ‘motion 
picture exhibition facility’, ‘perform’, ‘phonorecords’, 
‘publicly’ (with respect to performing a work), ‘sound 
recording’, and ‘transmit’ have the meanings given 
those terms in section 101 of title 17; 
‘‘(2) the term ‘digital transmission service’ 
means a service that has the primary purpose of pub-
licly performing works by digital transmission; 
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‘‘(3) the terms ‘publicly perform’ and ‘public 
performance’ refer to the exclusive rights of a copy-
right owner under paragraphs (4) and (6) of section 
106 (relating to exclusive rights in copyrighted works) 
of title 17, as limited by sections 107 through 122 of 
title 17; and 
‘‘(4) the term ‘work being prepared for commer-
cial public performance’ means— 
‘‘(A) a computer program, a musical work, 
a motion picture or other audiovisual work, or 
a sound recording, if, at the time of unauthor-
ized public performance— 
‘‘(i) the copyright owner has a reason-
able expectation of commercial public per-
formance; and 
‘‘(ii) the copies or phonorecords of the 
work have not been commercially publicly 
performed in the United States by or with 
the authorization of the copyright owner; or 
‘‘(B) a motion picture, if, at the time of un-
authorized public performance, the motion pic-
ture— 
‘‘(i)(I) has been made available for 
viewing in a motion picture exhibition fa-
cility; and 
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‘‘(II) has not been made available in 
copies for sale to the general public in the 
United States by or with the authorization 
of the copyright owner in a format intended 
to permit viewing outside a motion picture 
exhibition facility; or 
‘‘(ii) had not been commercially pub-
licly performed in the United States by or 
with the authorization of the copyright 
owner more than 24 hours before the unau-
thorized public performance. 
‘‘(b) PROHIBITED ACT.—It shall be unlawful for a per-
son to willfully, and for purposes of commercial advantage 
or private financial gain, offer or provide to the public a 
digital transmission service that— 
‘‘(1) is primarily designed or provided for the 
purpose of publicly performing works protected under 
title 17 by means of a digital transmission without 
the authority of the copyright owner or the law; 
‘‘(2) has no commercially significant purpose or 
use other than to publicly perform works protected 
under title 17 by means of a digital transmission 
without the authority of the copyright owner or the 
law; or 
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‘‘(3) is intentionally marketed by or at the direc-
tion of that person to promote its use in publicly per-
forming works protected under title 17 by means of 
a digital transmission without the authority of the 
copyright owner or the law. 
‘‘(c) PENALTIES.—Any person who violates subsection 
(b) shall be, in addition to any penalties provided for under 
title 17 or any other law— 
‘‘(1) fined under this title, imprisoned not more 
than 3 years, or both; 
‘‘(2) fined under this title, imprisoned not more 
than 5 years, or both, if— 
‘‘(A) the offense was committed in connec-
tion with 1 or more works being prepared for 
commercial public performance; and 
‘‘(B) the person knew or should have known 
that the work was being prepared for commercial 
public performance; and 
‘‘(3) fined under this title, imprisoned not more 
than 10 years, or both, if the offense is a second or 
subsequent offense under this section or section 
2319(a). 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to— 
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‘‘(1) affect the interpretation of any other provi-
sion of civil copyright law, including the limitations 
of liability set forth in section 512 of title 17, or prin-
ciples of secondary liability; or 
‘‘(2) prevent any Federal or State authority 
from enforcing cable theft or theft of service laws that 
are not subject to preemption under section 301 of 
title 17.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
section for chapter 113 of title 18, United States Code, is 
amended by inserting after the item relating to section 
2319B the following: 
‘‘2319C. Illicit digital transmission services.’’. 
SEC. 212. COPYRIGHT SMALL CLAIMS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Copyright Alternative in Small-Claims Enforcement Act 
of 2020’’ or the ‘‘CASE Act of 2020’’. 
(b) AMENDMENT.—Title 17, United States Code, is 
amended by adding at the end the following: 
‘‘CHAPTER 15—COPYRIGHT SMALL CLAIMS 
‘‘1501. Definitions. 
‘‘1502. Copyright Claims Board. 
‘‘1503. Authority and duties of the Copyright Claims Board. 
‘‘1504. Nature of proceedings. 
‘‘1505. Registration requirement. 
‘‘1506. Conduct of proceedings. 
‘‘1507. Effect of proceeding. 
‘‘1508. Review and confirmation by district court. 
‘‘1509. Relationship to other district court actions. 
‘‘1510. Implementation by Copyright Office. 
‘‘1511. Funding. 
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‘‘§ 1501. Definitions 
‘‘In this chapter— 
‘‘(1) the term ‘claimant’ means the real party in 
interest that commences a proceeding before the Copy-
right Claims Board under section 1506(e), pursuant 
to a permissible claim of infringement brought under 
section 1504(c)(1), noninfringement brought under 
section 1504(c)(2), or misrepresentation brought 
under section 1504(c)(3); 
‘‘(2) the term ‘counterclaimant’ means a re-
spondent in a proceeding before the Copyright Claims 
Board that— 
‘‘(A) asserts a permissible counterclaim 
under section 1504(c)(4) against the claimant in 
the proceeding; and 
‘‘(B) is the real party in interest with re-
spect to the counterclaim described in subpara-
graph (A); 
‘‘(3) the term ‘party’— 
‘‘(A) means a party; and 
‘‘(B) includes the attorney of a party, as 
applicable; and 
‘‘(4) the term ‘respondent’ means any person 
against whom a proceeding is brought before the 
Copyright Claims Board under section 1506(e), pur-
suant to a permissible claim of infringement brought 
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under section 1504(c)(1), noninfringement brought 
under 
section 
1504(c)(2), 
or 
misrepresentation 
brought under section 1504(c)(3). 
‘‘§ 1502. Copyright Claims Board 
‘‘(a) IN GENERAL.—There is established in the Copy-
right Office the Copyright Claims Board, which shall serve 
as an alternative forum in which parties may voluntarily 
seek to resolve certain copyright claims regarding any cat-
egory of copyrighted work, as provided in this chapter. 
‘‘(b) OFFICERS AND STAFF.— 
‘‘(1) COPYRIGHT CLAIMS OFFICERS.—The Reg-
ister of Copyrights shall recommend 3 full-time Copy-
right Claims Officers to serve on the Copyright 
Claims Board in accordance with paragraph (3)(A). 
The Officers shall be appointed by the Librarian of 
Congress to such positions after consultation with the 
Register of Copyrights. 
‘‘(2) COPYRIGHT CLAIMS ATTORNEYS.—The Reg-
ister of Copyrights shall hire not fewer than 2 full- 
time Copyright Claims Attorneys to assist in the ad-
ministration of the Copyright Claims Board. 
‘‘(3) QUALIFICATIONS.— 
‘‘(A) COPYRIGHT CLAIMS OFFICERS.— 
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‘‘(i) IN
GENERAL.—Each Copyright 
Claims Officer shall be an attorney who has 
not fewer than 7 years of legal experience. 
‘‘(ii) EXPERIENCE.—Two of the Copy-
right Claims Officers shall— 
‘‘(I) have substantial experience 
in the evaluation, litigation, or adju-
dication of copyright infringement 
claims; and 
‘‘(II) between those 2 Officers, 
have represented or presided over a di-
versity of copyright interests, including 
those of both owners and users of copy-
righted works. 
‘‘(iii) ALTERNATIVE DISPUTE RESOLU-
TION.—The Copyright Claims Officer not 
described in clause (ii) shall have substan-
tial familiarity with copyright law and ex-
perience in the field of alternative dispute 
resolution, including the resolution of litiga-
tion matters through that method of resolu-
tion. 
‘‘(B) COPYRIGHT
CLAIMS
ATTORNEYS.— 
Each Copyright Claims Attorney shall be an at-
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‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), a Copyright Claims Officer shall 
serve for a renewable term of 6 years. 
‘‘(B) INITIAL
TERMS.—The terms for the 
first Copyright Claims Officers appointed under 
this chapter shall be as follows: 
‘‘(i) The first such Copyright Claims 
Officer appointed shall be appointed for a 
term of 4 years. 
‘‘(ii) The second Copyright Claims Of-
ficer appointed shall be appointed for a 
term of 5 years. 
‘‘(iii) The third Copyright Claims Offi-
cer appointed shall be appointed for a term 
of 6 years. 
‘‘(6) VACANCIES AND INCAPACITY.— 
‘‘(A) VACANCY.— 
‘‘(i) IN GENERAL.—If a vacancy occurs 
in the position of a Copyright Claims Offi-
cer, the Librarian of Congress shall, upon 
the recommendation of, and in consultation 
with, the Register of Copyrights, act expedi-
tiously to appoint a Copyright Claims Offi-
cer for that position. 
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‘‘(ii) VACANCY BEFORE EXPIRATION.— 
An individual appointed to fill a vacancy 
occurring before the expiration of the term 
for which the predecessor of the individual 
was appointed shall be appointed to serve a 
6-year term. 
‘‘(B) INCAPACITY.—If a Copyright Claims 
Officer is temporarily unable to perform the du-
ties of the Officer, the Librarian of Congress 
shall, upon recommendation of, and in consulta-
tion with, the Register of Copyrights, act expedi-
tiously to appoint an interim Copyright Claims 
Officer to perform such duties during the period 
of such incapacity. 
‘‘(7) SANCTION OR REMOVAL.—Subject to section 
1503(b), the Librarian of Congress may sanction or 
remove a Copyright Claims Officer. 
‘‘(8) ADMINISTRATIVE
SUPPORT.—The Register 
of Copyrights shall provide the Copyright Claims Of-
ficers and Copyright Claims Attorneys with necessary 
administrative support, including technological facili-
ties, to carry out the duties of the Officers and Attor-
neys under this chapter. 
‘‘(9) LOCATION OF COPYRIGHT CLAIMS BOARD.— 
The offices and facilities of the Copyright Claims Of-
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ficers and Copyright Claims Attorneys shall be lo-
cated at the Copyright Office. 
‘‘§ 1503. Authority and duties of the Copyright Claims 
Board 
‘‘(a) FUNCTIONS.— 
‘‘(1) COPYRIGHT CLAIMS OFFICERS.—Subject to 
the provisions of this chapter and applicable regula-
tions, the functions of the Copyright Claims Officers 
shall be as follows: 
‘‘(A) To render determinations on the civil 
copyright claims, counterclaims, and defenses 
that may be brought before the Officers under 
this chapter. 
‘‘(B) To ensure that claims, counterclaims, 
and defenses are properly asserted and otherwise 
appropriate for resolution by the Copyright 
Claims Board. 
‘‘(C) To manage the proceedings before the 
Officers and render rulings pertaining to the 
consideration of claims, counterclaims, and de-
fenses, including with respect to scheduling, dis-
covery, evidentiary, and other matters. 
‘‘(D) To request, from participants and 
nonparticipants in a proceeding, the production 
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of information and documents relevant to the 
resolution of a claim, counterclaim, or defense. 
‘‘(E) To conduct hearings and conferences. 
‘‘(F) To facilitate the settlement by the par-
ties of claims and counterclaims. 
‘‘(G) To— 
‘‘(i) award monetary relief; and 
‘‘(ii) include in the determinations of 
the Officers a requirement that certain ac-
tivities under section 1504(e)(2) cease or be 
mitigated, if the party to undertake the ap-
plicable measure has so agreed. 
‘‘(H) To provide information to the public 
concerning the procedures and requirements of 
the Copyright Claims Board. 
‘‘(I) To maintain records of the proceedings 
before the Officers, certify official records of such 
proceedings as needed, and, as provided in sec-
tion 1506(t), make the records in such pro-
ceedings available to the public. 
‘‘(J) To carry out such other duties as are 
set forth in this chapter. 
‘‘(K) When not engaged in performing the 
duties of the Officers set forth in this chapter, to 
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perform such other duties as may be assigned by 
the Register of Copyrights. 
‘‘(2) COPYRIGHT CLAIMS ATTORNEYS.—Subject to 
the provisions of this chapter and applicable regula-
tions, the functions of the Copyright Claims Attorneys 
shall be as follows: 
‘‘(A) To provide assistance to the Copyright 
Claims Officers in the administration of the du-
ties of those Officers under this chapter. 
‘‘(B) To provide assistance to members of 
the public with respect to the procedures and re-
quirements of the Copyright Claims Board. 
‘‘(C) To provide information to potential 
claimants contemplating bringing a permissible 
action before the Copyright Claims Board about 
obtaining a subpoena under section 512(h) for 
the sole purpose of identifying a potential re-
spondent in such an action. 
‘‘(D) When not engaged in performing the 
duties of the Attorneys set forth in this chapter, 
to perform such other duties as may be assigned 
by the Register of Copyrights. 
‘‘(b) INDEPENDENCE IN DETERMINATIONS.— 
‘‘(1) IN GENERAL.—The Copyright Claims Board 
shall render the determinations of the Board in indi-
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vidual proceedings independently on the basis of the 
records in the proceedings before it and in accordance 
with the provisions of this title, judicial precedent, 
and applicable regulations of the Register of Copy-
rights. 
‘‘(2) CONSULTATION.—The Copyright Claims Of-
ficers and Copyright Claims Attorneys— 
‘‘(A) may consult with the Register of Copy-
rights on general issues of law; and 
‘‘(B) subject to section 1506(x), may not 
consult with the Register of Copyrights with re-
spect to— 
‘‘(i) the facts of any particular matter 
pending before the Officers and the Attor-
neys; or 
‘‘(ii) the application of law to the facts 
described in clause (i). 
‘‘(3) 
PERFORMANCE
APPRAISALS.—Notwith-
standing any other provision of law or any regulation 
or policy of the Library of Congress or Register of 
Copyrights, any performance appraisal of a Copy-
right Claims Officer or Copyright Claims Attorney 
may not consider the substantive result of any indi-
vidual determination reached by the Copyright 
Claims Board as a basis for appraisal except to the 
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extent that the result may relate to any actual or al-
leged violation of an ethical standard of conduct. 
‘‘(c) DIRECTION BY REGISTER.—Subject to subsection 
(b), the Copyright Claims Officers and Copyright Claims 
Attorneys shall, in the administration of their duties, be 
under the general direction of the Register of Copyrights. 
‘‘(d) INCONSISTENT DUTIES BARRED.—A Copyright 
Claims Officer or Copyright Claims Attorney may not un-
dertake any duty that conflicts with the duties of the Officer 
or Attorney in connection with the Copyright Claims 
Board. 
‘‘(e) RECUSAL.—A Copyright Claims Officer or Copy-
right Claims Attorney shall recuse himself or herself from 
participation in any proceeding with respect to which the 
Copyright Claims Officer or Copyright Claims Attorney, as 
the case may be, has reason to believe that he or she has 
a conflict of interest. 
‘‘(f) EX PARTE COMMUNICATIONS.—Except as may 
otherwise be permitted by applicable law, any party to a 
proceeding before the Copyright Claims Board shall refrain 
from ex parte communications with the Copyright Claims 
Officers and the Register of Copyrights concerning the sub-
stance of any active or pending proceeding before the Copy-
right Claims Board. 
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‘‘(g) JUDICIAL REVIEW.—Actions of the Copyright 
Claims Officers and Register of Copyrights under this chap-
ter in connection with the rendering of any determination 
are subject to judicial review as provided under section 
1508(c) and not under chapter 7 of title 5. 
‘‘§ 1504. Nature of proceedings 
‘‘(a) VOLUNTARY PARTICIPATION.—Participation in a 
Copyright Claims Board proceeding shall be on a voluntary 
basis in accordance with this chapter, and the right of any 
party to instead pursue a claim, counterclaim, or defense 
in a district court of the United States, any other court, 
or any other forum, and to seek a jury trial, shall be pre-
served. The rights, remedies, and limitations under this sec-
tion may not be waived except in accordance with this 
chapter. 
‘‘(b) STATUTE OF LIMITATIONS.— 
‘‘(1) IN GENERAL.—A proceeding may not be 
maintained before the Copyright Claims Board unless 
the proceeding is commenced, in accordance with sec-
tion 1506(e), before the Copyright Claims Board not 
later than 3 years after the claim accrued. 
‘‘(2) TOLLING.—Subject to section 1507(a), a 
proceeding commenced before the Copyright Claims 
Board shall toll the time permitted under section 
507(b) for the commencement of an action on the 
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same claim in a district court of the United States 
during the period in which the proceeding is pending. 
‘‘(c) PERMISSIBLE CLAIMS, COUNTERCLAIMS, AND DE-
FENSES.—The Copyright Claims Board may render deter-
minations with respect to the following claims, counter-
claims, and defenses, subject to such further limitations and 
requirements, including with respect to particular classes 
of works, as may be set forth in regulations established by 
the Register of Copyrights: 
‘‘(1) A claim for infringement of an exclusive 
right in a copyrighted work provided under section 
106 by the legal or beneficial owner of the exclusive 
right at the time of the infringement for which the 
claimant seeks damages, if any, within the limita-
tions set forth in subsection (e)(1). 
‘‘(2) A claim for a declaration of noninfringe-
ment of an exclusive right in a copyrighted work pro-
vided under section 106, consistent with section 2201 
of title 28. 
‘‘(3) A claim under section 512(f) for misrepre-
sentation in connection with a notification of claimed 
infringement or a counter notification seeking to re-
place removed or disabled material, except that any 
remedies relating to such a claim in a proceeding be-
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fore the Copyright Claims Board shall be limited to 
those available under this chapter. 
‘‘(4) A counterclaim that is asserted solely 
against the claimant in a proceeding— 
‘‘(A) pursuant to which the counterclaimant 
seeks damages, if any, within the limitations set 
forth in subsection (e)(1); and 
‘‘(B) that— 
‘‘(i) arises under section 106 or section 
512(f) and out of the same transaction or 
occurrence that is the subject of a claim of 
infringement brought under paragraph (1), 
a claim of noninfringement brought under 
paragraph (2), or a claim of misrepresenta-
tion brought under paragraph (3); or 
‘‘(ii) arises under an agreement per-
taining to the same transaction or occur-
rence that is the subject of a claim of in-
fringement brought under paragraph (1), if 
the agreement could affect the relief awarded 
to the claimant. 
‘‘(5) A legal or equitable defense under this title 
or otherwise available under law, in response to a 
claim or counterclaim asserted under this subsection. 
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‘‘(6) A single claim or multiple claims permitted 
under paragraph (1), (2), or (3) by 1 or more claim-
ants against 1 or more respondents, but only if all 
claims asserted in any 1 proceeding arise out of the 
same allegedly infringing activity or continuous 
course of infringing activities and do not, in the ag-
gregate, result in the recovery of such claim or claims 
for damages that exceed the limitations under sub-
section (e)(1). 
‘‘(d) EXCLUDED CLAIMS.—The following claims and 
counterclaims are not subject to determination by the Copy-
right Claims Board: 
‘‘(1) A claim or counterclaim that is not a per-
missible claim or counterclaim under subsection (c). 
‘‘(2) A claim or counterclaim that has been fi-
nally adjudicated by a court of competent jurisdiction 
or that is pending before a court of competent juris-
diction, unless that court has granted a stay to per-
mit that claim or counterclaim to proceed before the 
Copyright Claims Board. 
‘‘(3) A claim or counterclaim by or against a 
Federal or State governmental entity. 
‘‘(4) A claim or counterclaim asserted against a 
person or entity residing outside of the United States, 
except in a case in which the person or entity initi-
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ated the proceeding before the Copyright Claims 
Board and is subject to counterclaims under this 
chapter. 
‘‘(e) PERMISSIBLE REMEDIES.— 
‘‘(1) MONETARY RECOVERY.— 
‘‘(A) ACTUAL
DAMAGES, 
PROFITS, 
AND 
STATUTORY
DAMAGES
FOR
INFRINGEMENT.— 
With respect to a claim or counterclaim for in-
fringement of copyright, and subject to the limi-
tation on total monetary recovery under sub-
paragraph (D), the Copyright Claims Board 
may award either of the following: 
‘‘(i) Actual damages and profits deter-
mined in accordance with section 504(b), 
with that award taking into consideration, 
in appropriate cases, whether the infringing 
party has agreed to cease or mitigate the in-
fringing activity under paragraph (2). 
‘‘(ii) Statutory damages, which shall 
be determined in accordance with section 
504(c), subject to the following conditions: 
‘‘(I) With respect to works timely 
registered under section 412, so that 
the works are eligible for an award of 
statutory damages in accordance with 
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that section, the statutory damages 
may not exceed $15,000 for each work 
infringed. 
‘‘(II) With respect to works not 
timely registered under section 412, 
but eligible for an award of statutory 
damages under this section, statutory 
damages may not exceed $7,500 per 
work infringed, or a total of $15,000 
in any 1 proceeding. 
‘‘(III) 
The 
Copyright 
Claims 
Board may not make any finding that, 
or consider whether, the infringement 
was committed willfully in making an 
award of statutory damages. 
‘‘(IV) 
The 
Copyright 
Claims 
Board may consider, as an additional 
factor in awarding statutory damages, 
whether the infringer has agreed to 
cease or mitigate the infringing activ-
ity under paragraph (2). 
‘‘(B) ELECTION OF DAMAGES.—With respect 
to a claim or counterclaim of infringement, at 
any time before final determination is rendered, 
and notwithstanding the schedule established by 
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the Copyright Claims Board under section 
1506(k), the claimant or counterclaimant shall 
elect— 
‘‘(i) to recover actual damages and 
profits or statutory damages under subpara-
graph (A); or 
‘‘(ii) not to recover damages. 
‘‘(C) DAMAGES FOR OTHER CLAIMS.—Dam-
ages for claims and counterclaims other than in-
fringement claims, such as those brought under 
section 512(f), shall be subject to the limitation 
under subparagraph (D). 
‘‘(D) LIMITATION ON TOTAL MONETARY RE-
COVERY.—Notwithstanding any other provision 
of law, a party that pursues any 1 or more 
claims or counterclaims in any single proceeding 
before the Copyright Claims Board may not seek 
or recover in that proceeding a total monetary 
recovery that exceeds the sum of $30,000, exclu-
sive of any attorneys’ fees and costs that may be 
awarded under section 1506(y)(2). 
‘‘(2) AGREEMENT
TO
CEASE
CERTAIN
ACTIV-
ITY.—In a determination of the Copyright Claims 
Board, the Board shall include a requirement to cease 
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conduct if, in the proceeding relating to the deter-
mination— 
‘‘(A) a party agrees— 
‘‘(i) to cease activity that is found to 
be infringing, including removing or dis-
abling access to, or destroying, infringing 
materials; or 
‘‘(ii) to cease sending a takedown no-
tice or counter notice under section 512 to 
the other party regarding the conduct at 
issue before the Board if that notice or 
counter notice was found to be a knowing 
material misrepresentation under section 
512(f); and 
‘‘(B) the agreement described in subpara-
graph (A) is reflected in the record for the pro-
ceeding. 
‘‘(3) ATTORNEYS’ FEES AND COSTS.—Notwith-
standing any other provision of law, except in the 
case of bad faith conduct as provided in section 
1506(y)(2), the parties to proceedings before the Copy-
right Claims Board shall bear their own attorneys’ 
fees and costs. 
‘‘(f) JOINT AND SEVERAL LIABILITY.—Parties to a 
proceeding before the Copyright Claims Board may be 
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found jointly and severally liable if all such parties and 
relevant claims or counterclaims arise from the same activ-
ity or activities. 
‘‘(g) PERMISSIBLE NUMBER OF CASES.—The Register 
of Copyrights may establish regulations relating to the per-
mitted number of proceedings each year by the same claim-
ant under this chapter, in the interests of justice and the 
administration of the Copyright Claims Board. 
‘‘§ 1505. Registration requirement 
‘‘(a) APPLICATION
OR CERTIFICATE.—A claim or 
counterclaim alleging infringement of an exclusive right in 
a copyrighted work may not be asserted before the Copyright 
Claims Board unless— 
‘‘(1) the legal or beneficial owner of the copyright 
has first delivered a completed application, a deposit, 
and the required fee for registration of the copyright 
to the Copyright Office; and 
‘‘(2) a registration certificate has either been 
issued or has not been refused. 
‘‘(b) 
CERTIFICATE
OF
REGISTRATION.—Notwith-
standing any other provision of law, a claimant or counter-
claimant in a proceeding before the Copyright Claims 
Board shall be eligible to recover actual damages and profits 
or statutory damages under this chapter for infringement 
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of a work if the requirements of subsection (a) have been 
met, except that— 
‘‘(1) the Copyright Claims Board may not 
render a determination in the proceeding until— 
‘‘(A) a registration certificate with respect 
to the work has been issued by the Copyright Of-
fice, submitted to the Copyright Claims Board, 
and made available to the other parties to the 
proceeding; and 
‘‘(B) the other parties to the proceeding 
have been provided an opportunity to address the 
registration certificate; 
‘‘(2) if the proceeding may not proceed further 
because a registration certificate for the work is pend-
ing, the proceeding shall be held in abeyance pending 
submission of the certificate to the Copyright Claims 
Board, except that, if the proceeding is held in abey-
ance for more than 1 year, the Copyright Claims 
Board may, upon providing written notice to the par-
ties to the proceeding, and 30 days to the parties to 
respond to the notice, dismiss the proceeding without 
prejudice; and 
‘‘(3) if the Copyright Claims Board receives no-
tice that registration with respect to the work has 
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been refused, the proceeding shall be dismissed with-
out prejudice. 
‘‘(c) PRESUMPTION.—In a case in which a registration 
certificate shows that registration with respect to a work 
was issued not later than 5 years after the date of the first 
publication of the work, the presumption under section 
410(c) shall apply in a proceeding before the Copyright 
Claims Board, in addition to relevant principles of law 
under this title. 
‘‘(d) REGULATIONS.—In order to ensure that actions 
before the Copyright Claims Board proceed in a timely 
manner, the Register of Copyrights shall establish regula-
tions allowing the Copyright Office to make a decision, on 
an expedited basis, to issue or deny copyright registration 
for an unregistered work that is at issue before the Board. 
‘‘§ 1506. Conduct of proceedings 
‘‘(a) IN GENERAL.— 
‘‘(1) APPLICABLE
LAW.—Proceedings of the 
Copyright Claims Board shall be conducted in accord-
ance with this chapter and regulations established by 
the Register of Copyrights under this chapter, in ad-
dition to relevant principles of law under this title. 
‘‘(2) CONFLICTING PRECEDENT.—If it appears 
that there may be conflicting judicial precedent on an 
issue of substantive copyright law that cannot be rec-
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onciled, the Copyright Claims Board shall follow the 
law of the Federal jurisdiction in which the action 
could have been brought if filed in a district court of 
the United States, or, if the action could have been 
brought in more than 1 such jurisdiction, the jurisdic-
tion that the Copyright Claims Board determines has 
the most significant ties to the parties and conduct at 
issue. 
‘‘(b) RECORD.—The Copyright Claims Board shall 
maintain records documenting the proceedings before the 
Board. 
‘‘(c) CENTRALIZED PROCESS.—Proceedings before the 
Copyright Claims Board shall— 
‘‘(1) be conducted at the offices of the Copyright 
Claims Board without the requirement of in-person 
appearances by parties or others; and 
‘‘(2) take place by means of written submissions, 
hearings, and conferences carried out through inter-
net-based applications and other telecommunications 
facilities, except that, in cases in which physical or 
other nontestimonial evidence material to a pro-
ceeding cannot be furnished to the Copyright Claims 
Board through available telecommunications facili-
ties, the Copyright Claims Board may make alter-
native arrangements for the submission of such evi-
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dence that do not prejudice any other party to the 
proceeding. 
‘‘(d) REPRESENTATION.—A party to a proceeding be-
fore the Copyright Claims Board may be, but is not re-
quired to be, represented by— 
‘‘(1) an attorney; or 
‘‘(2) a law student who is qualified under appli-
cable law governing representation by law students of 
parties in legal proceedings and who provides such 
representation on a pro bono basis. 
‘‘(e) COMMENCEMENT OF PROCEEDING.—In order to 
commence a proceeding under this chapter, a claimant 
shall, subject to such additional requirements as may be 
prescribed in regulations established by the Register of 
Copyrights, file a claim with the Copyright Claims Board, 
that— 
‘‘(1) includes a statement of material facts in 
support of the claim; 
‘‘(2) is certified under subsection (y)(1); and 
‘‘(3) is accompanied by a filing fee in such 
amount as may be prescribed in regulations estab-
lished by the Register of Copyrights. 
‘‘(f) REVIEW OF CLAIMS AND COUNTERCLAIMS.— 
‘‘(1) CLAIMS.—Upon the filing of a claim under 
subsection (e), the claim shall be reviewed by a Copy-
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right Claims Attorney to ensure that the claim com-
plies with this chapter and applicable regulations, 
subject to the following: 
‘‘(A) If the claim is found to comply, the 
claimant shall be notified regarding that compli-
ance and instructed to proceed with service of the 
claim under subsection (g). 
‘‘(B) If the claim is found not to comply, 
the claimant shall be notified that the claim is 
deficient and be permitted to file an amended 
claim not later than 30 days after the date on 
which the claimant receives the notice, without 
the requirement of an additional filing fee. If the 
claimant files a compliant claim within that 30- 
day period, the claimant shall be so notified and 
be instructed to proceed with service of the claim. 
If the claim is refiled within that 30-day period 
and still fails to comply, the claimant shall 
again be notified that the claim is deficient and 
shall be provided a second opportunity to amend 
the claim not later than 30 days after the date 
of that second notice, without the requirement of 
an additional filing fee. If the claim is refiled 
again within that second 30-day period and is 
compliant, the claimant shall be so notified and 
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shall be instructed to proceed with service of the 
claim, but if the claim still fails to comply, upon 
confirmation of such noncompliance by a Copy-
right Claims Officer, the proceeding shall be dis-
missed without prejudice. The Copyright Claims 
Board shall also dismiss without prejudice any 
proceeding in which a compliant claim is not 
filed within the applicable 30-day period. 
‘‘(C)(i) Subject to clause (ii), for purposes of 
this paragraph, a claim against an online serv-
ice provider for infringement by reason of the 
storage of or referral or linking to infringing 
material that may be subject to the limitations 
on liability set forth in subsection (b), (c), or (d) 
of section 512 shall be considered noncompliant 
unless the claimant affirms in the statement re-
quired under subsection (e)(1) of this section that 
the claimant has previously notified the service 
provider of the claimed infringement in accord-
ance with subsection (b)(2)(E), (c)(3), or (d)(3) 
of section 512, as applicable, and the service pro-
vider failed to remove or disable access to the 
material expeditiously upon the provision of 
such notice. 
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‘‘(ii) If a claim is found to be noncompliant 
under clause (i), the Copyright Claims Board 
shall provide the claimant with information con-
cerning the service of such a notice under the ap-
plicable provision of section 512. 
‘‘(2) COUNTERCLAIMS.—Upon the filing and 
service of a counterclaim, the counterclaim shall be 
reviewed by a Copyright Claims Attorney to ensure 
that the counterclaim complies with the provisions of 
this chapter and applicable regulations. If the coun-
terclaim is found not to comply, the counterclaimant 
and the other parties to the proceeding shall be noti-
fied that the counterclaim is deficient, and the 
counterclaimant shall be permitted to file and serve 
an amended counterclaim not later than 30 days 
after the date of such notice. If the counterclaimant 
files and serves a compliant counterclaim within that 
30-day period, the counterclaimant and such other 
parties shall be so notified. If the counterclaim is 
refiled and served within that 30-day period but still 
fails to comply, the counterclaimant and such other 
parties shall again be notified that the counterclaim 
is deficient, and the counterclaimant shall be provided 
a second opportunity to amend the counterclaim not 
later than 30 days after the date of the second notice. 
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If the counterclaim is refiled and served again within 
that second 30-day period and is compliant, the 
counterclaimant and such other parties shall be so no-
tified, but if the counterclaim still fails to comply, 
upon confirmation of such noncompliance by a Copy-
right Claims Officer, the counterclaim, but not the 
proceeding, shall be dismissed without prejudice. 
‘‘(3) 
DISMISSAL
FOR
UNSUITABILITY.—The 
Copyright Claims Board shall dismiss a claim or 
counterclaim without prejudice if, upon reviewing the 
claim or counterclaim, or at any other time in the 
proceeding, the Copyright Claims Board concludes 
that the claim or counterclaim is unsuitable for deter-
mination by the Copyright Claims Board, including 
on account of any of the following: 
‘‘(A) The failure to join a necessary party. 
‘‘(B) The lack of an essential witness, evi-
dence, or expert testimony. 
‘‘(C) The determination of a relevant issue 
of law or fact that could exceed either the number 
of proceedings the Copyright Claims Board could 
reasonably administer or the subject matter com-
petence of the Copyright Claims Board. 
‘‘(g) SERVICE OF NOTICE AND CLAIMS.—In order to 
proceed with a claim against a respondent, a claimant 
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shall, not later than 90 days after receiving notification 
under subsection (f) to proceed with service, file with the 
Copyright Claims Board proof of service on the respondent. 
In order to effectuate service on a respondent, the claimant 
shall cause notice of the proceeding and a copy of the claim 
to be served on the respondent, either by personal service 
or pursuant to a waiver of personal service, as prescribed 
in regulations established by the Register of Copyrights. 
Such regulations shall include the following requirements: 
‘‘(1) The notice of the proceeding shall adhere to 
a prescribed form and shall set forth the nature of the 
Copyright Claims Board and proceeding, the right of 
the respondent to opt out, and the consequences of opt-
ing out and not opting out, including a prominent 
statement that, by not opting out within 60 days 
after receiving the notice, the respondent— 
‘‘(A) loses the opportunity to have the dis-
pute decided by a court created under article III 
of the Constitution of the United States; and 
‘‘(B) waives the right to a jury trial regard-
ing the dispute. 
‘‘(2) The copy of the claim served on the respond-
ent shall be the same as the claim that was filed with 
the Copyright Claims Board. 
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‘‘(3) Personal service of a notice and claim may 
be effected by an individual who is not a party to the 
proceeding and is older than 18 years of age. 
‘‘(4) An individual, other than a minor or in-
competent individual, may be served by— 
‘‘(A) complying with State law for serving 
a summons in an action brought in courts of 
general jurisdiction in the State where service is 
made; 
‘‘(B) delivering a copy of the notice and 
claim to the individual personally; 
‘‘(C) leaving a copy of the notice and claim 
at the individual’s dwelling or usual place of 
abode with someone of suitable age and discre-
tion who resides there; or 
‘‘(D) delivering a copy of the notice and 
claim to an agent designated by the respondent 
to receive service of process or, if not so des-
ignated, an agent authorized by appointment or 
by law to receive service of process. 
‘‘(5)(A) A corporation, partnership, or unincor-
porated association that is subject to suit in courts of 
general jurisdiction under a common name shall be 
served by delivering a copy of the notice and claim 
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to its service agent. If such service agent has not been 
designated, service shall be accomplished— 
‘‘(i) by complying with State law for serv-
ing a summons in an action brought in courts 
of general jurisdiction in the State where service 
is made; or 
‘‘(ii) by delivering a copy of the notice and 
claim to an officer, a managing or general agent, 
or any other agent authorized by appointment or 
by law to receive service of process in an action 
brought in courts of general jurisdiction in the 
State where service is made and, if the agent is 
one authorized by statute and the statute so re-
quires, by also mailing a copy of the notice and 
claim to the respondent. 
‘‘(B) A corporation, partnership, or unincor-
porated association that is subject to suit in courts of 
general jurisdiction under a common name may elect 
to designate a service agent to receive notice of a 
claim against it before the Copyright Claims Board 
by complying with requirements that the Register of 
Copyrights shall establish by regulation. The Register 
of Copyrights shall maintain a current directory of 
service agents that is available to the public for in-
spection, including through the internet, and may re-
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quire such corporations, partnerships, and unincor-
porated associations designating such service agents 
to pay a fee to cover the costs of maintaining the di-
rectory. 
‘‘(6) In order to request a waiver of personal 
service, the claimant may notify a respondent, by 
first class mail or by other reasonable means, that a 
proceeding has been commenced, such notice to be 
made in accordance with regulations established by 
the Register of Copyrights, subject to the following: 
‘‘(A) Any such request shall be in writing, 
shall be addressed to the respondent, and shall be 
accompanied by a prescribed notice of the pro-
ceeding, a copy of the claim as filed with the 
Copyright Claims Board, a prescribed form for 
waiver of personal service, and a prepaid or 
other means of returning the form without cost. 
‘‘(B) The request shall state the date on 
which the request is sent, and shall provide the 
respondent a period of 30 days, beginning on the 
date on which the request is sent, to return the 
waiver form signed by the respondent. The 
signed waiver form shall, for purposes of this 
subsection, constitute acceptance and proof of 
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service as of the date on which the waiver is 
signed. 
‘‘(7)(A) A respondent’s waiver of personal service 
shall not constitute a waiver of the respondent’s right 
to opt out of the proceeding. 
‘‘(B) A respondent who timely waives personal 
service under paragraph (6) and does not opt out of 
the proceeding shall be permitted a period of 30 days, 
in addition to the period otherwise permitted under 
the applicable procedures of the Copyright Claims 
Board, to submit a substantive response to the claim, 
including any defenses and counterclaims. 
‘‘(8) A minor or an incompetent individual may 
only be served by complying with State law for serv-
ing a summons or like process on such an individual 
in an action brought in the courts of general jurisdic-
tion of the State where service is made. 
‘‘(9) Service of a claim and waiver of personal 
service may only be effected within the United States. 
‘‘(h) NOTIFICATION BY COPYRIGHT CLAIMS BOARD.— 
The Register of Copyrights shall establish regulations pro-
viding for a written notification to be sent by, or on behalf 
of, the Copyright Claims Board to notify the respondent of 
a pending proceeding against the respondent, as set forth 
in those regulations, which shall— 
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‘‘(1) include information concerning the respond-
ent’s right to opt out of the proceeding, the con-
sequences of opting out and not opting out, and a 
prominent statement that, by not opting out within 
60 days after the date of service under subsection (g), 
the respondent loses the opportunity to have the dis-
pute decided by a court created under article III of 
the Constitution of the United States and waives the 
right to a jury trial regarding the dispute; and 
‘‘(2) be in addition to, and separate and apart 
from, the notice requirements under subsection (g). 
‘‘(i) OPT-OUT PROCEDURE.—Upon being properly 
served with a notice and claim, a respondent who chooses 
to opt out of the proceeding shall have a period of 60 days, 
beginning on the date of service, in which to provide written 
notice of such choice to the Copyright Claims Board, in ac-
cordance with regulations established by the Register of 
Copyrights. If proof of service has been filed by the claimant 
and the respondent does not submit an opt-out notice to 
the Copyright Claims Board within that 60-day period, the 
proceeding shall be deemed an active proceeding and the 
respondent shall be bound by the determination in the pro-
ceeding to the extent provided under section 1507(a). If the 
respondent opts out of the proceeding during that 60-day 
period, the proceeding shall be dismissed without prejudice, 
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except that, in exceptional circumstances and upon written 
notice to the claimant, the Copyright Claims Board may 
extend that 60-day period in the interests of justice. 
‘‘(j) SERVICE
OF OTHER DOCUMENTS.—Documents 
submitted or relied upon in a proceeding, other than the 
notice and claim, shall be served in accordance with regula-
tions established by the Register of Copyrights. 
‘‘(k) SCHEDULING.—Upon confirmation that a pro-
ceeding has become an active proceeding, the Copyright 
Claims Board shall issue a schedule for the future conduct 
of the proceeding. The schedule shall not specify a time that 
a claimant or counterclaimant is required make an election 
of damages that is inconsistent with section 1504(e). A 
schedule issued by the Copyright Claims Board may be 
amended by the Copyright Claims Board in the interests 
of justice. 
‘‘(l) CONFERENCES.—One or more Copyright Claims 
Officers may hold a conference to address case management 
or discovery issues in a proceeding, which shall be noted 
upon the record of the proceeding and may be recorded or 
transcribed. 
‘‘(m) PARTY SUBMISSIONS.—A proceeding of the 
Copyright Claims Board may not include any formal mo-
tion practice, except that, subject to applicable regulations 
and procedures of the Copyright Claims Board— 
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‘‘(1) the parties to the proceeding may make re-
quests to the Copyright Claims Board to address case 
management and discovery matters, and submit re-
sponses thereto; and 
‘‘(2) the Copyright Claims Board may request or 
permit parties to make submissions addressing rel-
evant questions of fact or law, or other matters, in-
cluding matters raised sua sponte by the Copyright 
Claims Officers, and offer responses thereto. 
‘‘(n) DISCOVERY.—Discovery in a proceeding shall be 
limited to the production of relevant information and docu-
ments, written interrogatories, and written requests for ad-
mission, as provided in regulations established by the Reg-
ister of Copyrights, except that— 
‘‘(1) upon the request of a party, and for good 
cause shown, the Copyright Claims Board may ap-
prove additional relevant discovery, on a limited 
basis, in particular matters, and may request specific 
information and documents from participants in the 
proceeding and voluntary submissions from non-
participants, consistent with the interests of justice; 
‘‘(2) upon the request of a party, and for good 
cause shown, the Copyright Claims Board may issue 
a protective order to limit the disclosure of documents 
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or testimony that contain confidential information; 
and 
‘‘(3) after providing notice and an opportunity 
to respond, and upon good cause shown, the Copy-
right Claims Board may apply an adverse inference 
with respect to disputed facts against a party who 
has failed to timely provide discovery materials in re-
sponse to a proper request for materials that could be 
relevant to such facts. 
‘‘(o) EVIDENCE.—The Copyright Claims Board may 
consider the following types of evidence in a proceeding, and 
such evidence may be admitted without application of for-
mal rules of evidence: 
‘‘(1) Documentary and other nontestimonial evi-
dence that is relevant to the claims, counterclaims, or 
defenses in the proceeding. 
‘‘(2) Testimonial evidence, submitted under pen-
alty of perjury in written form or in accordance with 
subsection (p), limited to statements of the parties 
and nonexpert witnesses, that is relevant to the 
claims, counterclaims, and defenses in a proceeding, 
except that, in exceptional cases, expert witness testi-
mony or other types of testimony may be permitted 
by the Copyright Claims Board for good cause shown. 
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‘‘(s) FACTUAL
FINDINGS.—Subject to subsection 
(n)(3), the Copyright Claims Board shall make factual find-
ings based upon a preponderance of the evidence. 
‘‘(t) DETERMINATIONS.— 
‘‘(1) NATURE AND CONTENTS.—A determination 
rendered by the Copyright Claims Board in a pro-
ceeding shall— 
‘‘(A) be reached by a majority of the Copy-
right Claims Board; 
‘‘(B) be in writing, and include an expla-
nation of the factual and legal basis of the deter-
mination; 
‘‘(C) set forth any terms by which a re-
spondent or counterclaim respondent has agreed 
to cease infringing activity under section 
1504(e)(2); 
‘‘(D) to the extent requested under sub-
section (r)(2), set forth the terms of any settle-
ment agreed to under subsection (r)(1); and 
‘‘(E) include a clear statement of all dam-
ages and other relief awarded, including under 
subparagraphs (C) and (D). 
‘‘(2) DISSENT.—A Copyright Claims Officer who 
dissents from a decision contained in a determination 
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under paragraph (1) may append a statement setting 
forth the grounds for that dissent. 
‘‘(3) PUBLICATION.—Each final determination of 
the Copyright Claims Board shall be made available 
on a publicly accessible website. The Register shall es-
tablish regulations with respect to the publication of 
other records and information relating to such deter-
minations, including the redaction of records to pro-
tect confidential information that is the subject of a 
protective order under subsection (n)(2). 
‘‘(4) FREEDOM OF INFORMATION ACT.—All infor-
mation relating to proceedings of the Copyright 
Claims Board under this chapter is exempt from dis-
closure to the public under section 552(b)(3) of title 
5, except for determinations, records, and information 
published under paragraph (3). 
‘‘(u) RESPONDENT’S DEFAULT.—If a proceeding has 
been deemed an active proceeding but the respondent has 
failed to appear or has ceased participating in the pro-
ceeding, as demonstrated by the respondent’s failure, with-
out justifiable cause, to meet 1 or more deadlines or require-
ments set forth in the schedule adopted by the Copyright 
Claims Board under subsection (k), the Copyright Claims 
Board may enter a default determination, including the 
dismissal of any counterclaim asserted by the respondent, 
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as follows and in accordance with such other requirements 
as the Register of Copyrights may establish by regulation: 
‘‘(1) The Copyright Claims Board shall require 
the claimant to submit relevant evidence and other 
information in support of the claimant’s claim and 
any asserted damages and, upon review of such evi-
dence and any other requested submissions from the 
claimant, shall determine whether the materials so 
submitted are sufficient to support a finding in favor 
of the claimant under applicable law and, if so, the 
appropriate relief and damages, if any, to be award-
ed. 
‘‘(2) If the Copyright Claims Board makes an af-
firmative determination under paragraph (1), the 
Copyright Claims Board shall prepare a proposed de-
fault determination, and shall provide written notice 
to the respondent at all addresses, including email ad-
dresses, reflected in the records of the proceeding be-
fore the Copyright Claims Board, of the pendency of 
a default determination by the Copyright Claims 
Board and of the legal significance of such determina-
tion. Such notice shall be accompanied by the pro-
posed default determination and shall provide that 
the respondent has a period of 30 days, beginning on 
the date of the notice, to submit any evidence or other 
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information in opposition to the proposed default de-
termination. 
‘‘(3) If the respondent responds to the notice pro-
vided under paragraph (2) within the 30-day period 
provided in such paragraph, the Copyright Claims 
Board shall consider the respondent’s submissions 
and, after allowing the other parties to address such 
submissions, maintain, or amend its proposed deter-
mination as appropriate, and the resulting deter-
mination shall not be a default determination. 
‘‘(4) If the respondent fails to respond to the no-
tice provided under paragraph (2), the Copyright 
Claims Board shall proceed to issue the default deter-
mination as a final determination. Thereafter, the re-
spondent may only challenge such determination to 
the extent permitted under section 1508(c), except 
that, before any additional proceedings are initiated 
under section 1508, the Copyright Claims Board may, 
in the interests of justice, vacate the default deter-
mination. 
‘‘(v) CLAIMANT’S FAILURE TO PROCEED.— 
‘‘(1) FAILURE
TO
COMPLETE
SERVICE.—If a 
claimant fails to complete service on a respondent 
within the 90-day period required under subsection 
(g), the Copyright Claims Board shall dismiss that 
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respondent from the proceeding without prejudice. If 
a claimant fails to complete service on all respondents 
within that 90-day period, the Copyright Claims 
Board shall dismiss the proceeding without prejudice. 
‘‘(2) FAILURE TO PROSECUTE.—If a claimant 
fails to proceed in an active proceeding, as dem-
onstrated by the claimant’s failure, without justifiable 
cause, to meet 1 or more deadlines or requirements set 
forth in the schedule adopted by the Copyright Claims 
Board under subsection (k), the Copyright Claims 
Board may, upon providing written notice to the 
claimant and a period of 30 days, beginning on the 
date of the notice, to respond to the notice, and after 
considering any such response, issue a determination 
dismissing the claimant’s claims, which shall include 
an award of attorneys’ fees and costs, if appropriate, 
under subsection (y)(2). Thereafter, the claimant may 
only challenge such determination to the extent per-
mitted under section 1508(c), except that, before any 
additional proceedings are initiated under section 
1508, the Copyright Claims Board may, in the inter-
ests of justice, vacate the determination of dismissal. 
‘‘(w) REQUEST
FOR RECONSIDERATION.—A party 
may, not later than 30 days after the date on which the 
Copyright Claims Board issues a final determination in a 
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proceeding under this chapter, submit a written request for 
reconsideration of, or an amendment to, such determination 
if the party identifies a clear error of law or fact material 
to the outcome, or a technical mistake. After providing the 
other parties an opportunity to address such request, the 
Copyright Claims Board shall either deny the request or 
issue an amended final determination. 
‘‘(x) REVIEW BY REGISTER.—If the Copyright Claims 
Board denies a party a request for reconsideration of a final 
determination under subsection (w), that party may, not 
later than 30 days after the date of such denial, request 
review of the final determination by the Register of Copy-
rights in accordance with regulations established by the 
Register. Such request shall be accompanied by a reasonable 
filing fee, as provided in such regulations. The review by 
the Register shall be limited to consideration of whether the 
Copyright Claims Board abused its discretion in denying 
reconsideration of the determination. After providing the 
other parties an opportunity to address the request, the Reg-
ister shall either deny the request for review, or remand the 
proceeding to the Copyright Claims Board for reconsider-
ation of issues specified in the remand and for issuance of 
an amended final determination. Such amended final deter-
mination shall not be subject to further consideration or re-
view, other than under section 1508(c). 
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‘‘(y) CONDUCT OF PARTIES AND ATTORNEYS.— 
‘‘(1) CERTIFICATION.—The Register of Copy-
rights shall establish regulations requiring certifi-
cation of the accuracy and truthfulness of statements 
made by participants in proceedings before the Copy-
right Claims Board. 
‘‘(2) BAD
FAITH
CONDUCT.—Notwithstanding 
any other provision of law, in any proceeding in 
which a determination is rendered and it is estab-
lished that a party pursued a claim, counterclaim, or 
defense for a harassing or other improper purpose, or 
without a reasonable basis in law or fact, then, unless 
inconsistent with the interests of justice, the Copy-
right Claims Board shall in such determination 
award reasonable costs and attorneys’ fees to any ad-
versely affected party of in an amount of not more 
than $5,000, except that— 
‘‘(A) if an adversely affected party appeared 
pro se in the proceeding, the award to that party 
shall be for costs only, in an amount of not more 
than $2,500; and 
‘‘(B) in extraordinary circumstances, such 
as where a party has demonstrated a pattern or 
practice of bad faith conduct as described in this 
paragraph, the Copyright Claims Board may, in 
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the interests of justice, award costs and attor-
neys’ fees in excess of the limitations under this 
paragraph. 
‘‘(3) ADDITIONAL PENALTY.—If the Board finds 
that on more than 1 occasion within a 12-month pe-
riod a party pursued a claim, counterclaim, or de-
fense before the Copyright Claims Board for a 
harassing or other improper purpose, or without a 
reasonable basis in law or fact, that party shall be 
barred from initiating a claim before the Copyright 
Claims Board under this chapter for a period of 12 
months beginning on the date on which the Board 
makes such a finding. Any proceeding commenced by 
that party that is still pending before the Board when 
such a finding is made shall be dismissed without 
prejudice, except that if a proceeding has been deemed 
active under subsection (i), the proceeding shall be 
dismissed under this paragraph only if the respondent 
provides written consent thereto. 
‘‘(z) REGULATIONS FOR SMALLER CLAIMS.—The Reg-
ister of Copyrights shall establish regulations to provide for 
the consideration and determination, by not fewer than 1 
Copyright Claims Officer, of any claim under this chapter 
in which total damages sought do not exceed $5,000 (exclu-
sive of attorneys’ fees and costs). A determination issued 
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under this subsection shall have the same effect as a deter-
mination issued by the entire Copyright Claims Board. 
‘‘(aa) OPT-OUT FOR LIBRARIES AND ARCHIVES.— 
‘‘(1) IN GENERAL.—The Register of Copyrights 
shall establish regulations allowing for a library or 
archives that does not wish to participate in pro-
ceedings before the Copyright Claims Board to pre-
emptively opt out of such proceedings. 
‘‘(2) PROCEDURES.—The regulations established 
under paragraph (1) shall— 
‘‘(A) set forth procedures for preemptively 
opting out of proceedings before the Copyright 
Claims Board; and 
‘‘(B) require that the Copyright Office com-
pile and maintain a publicly available list of the 
libraries and archives that have successfully 
opted out of proceedings in accordance with the 
procedures described in subparagraph (A). 
‘‘(3) NO
FEE
OR
RENEWAL
REQUIRED.—The 
Register of Copyrights may not— 
‘‘(A) charge a library or archives a fee to 
preemptively opt out of proceedings under this 
subsection; or 
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‘‘(B) require a library or archives to renew 
a decision to preemptively opt out of proceedings 
under this subsection. 
‘‘(4) DEFINITIONS.—For purposes of this sub-
section, the terms ‘library’ and ‘archives’ mean any 
library or archives, respectively, that qualifies for the 
limitations on exclusive rights under section 108. 
‘‘§ 1507. Effect of proceeding 
‘‘(a) DETERMINATION.—Subject to the reconsideration 
and review processes provided under subsections (w) and 
(x) of section 1506 and section 1508(c), the issuance of a 
final determination by the Copyright Claims Board in a 
proceeding, including a default determination or deter-
mination based on a failure to prosecute, shall, solely with 
respect to the parties to such determination, preclude reliti-
gation before any court or tribunal, or before the Copyright 
Claims Board, of the claims and counterclaims asserted and 
finally determined by the Board, and may be relied upon 
for such purpose in a future action or proceeding arising 
from the same specific activity or activities, subject to the 
following: 
‘‘(1) A determination of the Copyright Claims 
Board shall not preclude litigation or relitigation as 
between the same or different parties before any court 
or tribunal, or the Copyright Claims Board, of the 
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same or similar issues of fact or law in connection 
with claims or counterclaims not asserted or not fi-
nally determined by the Copyright Claims Board. 
‘‘(2) A determination of ownership of a copy-
righted work for purposes of resolving a matter before 
the Copyright Claims Board may not be relied upon, 
and shall not have any preclusive effect, in any other 
action or proceeding before any court or tribunal, in-
cluding the Copyright Claims Board. 
‘‘(3) Except to the extent permitted under this 
subsection and section 1508, any determination of the 
Copyright Claims Board may not be cited or relied 
upon as legal precedent in any other action or pro-
ceeding before any court or tribunal, including the 
Copyright Claims Board. 
‘‘(b) CLASS ACTIONS NOT AFFECTED.— 
‘‘(1) IN
GENERAL.—A proceeding before the 
Copyright Claims Board shall not have any effect on 
a class action proceeding in a district court of the 
United States, and section 1509(a) shall not apply to 
a class action proceeding in a district court of the 
United States. 
‘‘(2) NOTICE OF CLASS ACTION.—Any party to 
an active proceeding before the Copyright Claims 
Board who receives notice of a pending class action, 
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arising out of the same transaction or occurrence as 
the proceeding before the Copyright Claims Board, in 
which the party is a class member shall either— 
‘‘(A) opt out of the class action, in accord-
ance with regulations established by the Register 
of Copyrights; or 
‘‘(B) 
seek 
dismissal 
under 
section 
1506(q)(3) of the proceeding before the Copyright 
Claims Board. 
‘‘(c) OTHER MATERIALS IN PROCEEDING.—Except as 
permitted under this section and section 1508, a submission 
or statement of a party or witness made in connection with 
a proceeding before the Copyright Claims Board, including 
a proceeding that is dismissed, may not be cited or relied 
upon in, or serve as the basis of, any action or proceeding 
concerning rights or limitations on rights under this title 
before any court or tribunal, including the Copyright 
Claims Board. 
‘‘(d) APPLICABILITY OF SECTION 512(g).—A claim or 
counterclaim before the Copyright Claims Board that is 
brought under subsection (c)(1) or (c)(4) of section 1504, 
or brought under subsection (c)(6) of section 1504 and that 
relates to a claim under subsection (c)(1) or (c)(4) of such 
section, qualifies as an action seeking an order to restrain 
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a subscriber from engaging in infringing activity under sec-
tion 512(g)(2)(C) if— 
‘‘(1) notice of the commencement of the Copy-
right Claims Board proceeding is provided by the 
claimant to the service provider’s designated agent be-
fore the service provider replaces the material fol-
lowing receipt of a counter notification under section 
512(g); and 
‘‘(2) the claim brought alleges infringement of 
the material identified in the notification of claimed 
infringement under section 512(c)(1)(C). 
‘‘(e) FAILURE TO ASSERT COUNTERCLAIM.—The fail-
ure or inability to assert a counterclaim in a proceeding 
before the Copyright Claims Board shall not preclude the 
assertion of that counterclaim in a subsequent court action 
or proceeding before the Copyright Claims Board. 
‘‘(f) OPT-OUT OR DISMISSAL OF PARTY.—If a party 
has timely opted out of a proceeding under section 1506(i) 
or is dismissed from a proceeding before the Copyright 
Claims Board issues a final determination in the pro-
ceeding, the determination shall not be binding upon and 
shall have no preclusive effect with respect to that party. 
‘‘§ 1508. Review and confirmation by district court 
‘‘(a) IN GENERAL.—In any proceeding in which a 
party has failed to pay damages, or has failed otherwise 
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