H. R. 133—1082 
(II) not later than 270 days after the date 
on which the Administrator receives the petition, 
take final action on the petition. 
(iii) LIMITATION.—A person receiving an allocation 
under clause (i) or (iv) or as a result of a petition 
granted under clause (ii) may not produce or consume 
a produced quantity of regulated substances that, con-
sidering the respective exchange values of the regu-
lated substances, exceeds the number of allowances 
issued under paragraphs (2) and (3) that are held 
by that person. 
(iv) MANDATORY ALLOCATIONS.— 
(I) IN
GENERAL.—Notwithstanding clause (i) 
and subject to clause (iii) and paragraphs (2) and 
(3), for the 5-year period beginning on the date 
of enactment of this Act, the Administrator shall 
allocate the full quantity of allowances necessary, 
based on projected, current, and historical trends, 
for the production or consumption of a regulated 
substance for the exclusive use of the regulated 
substance in an application solely for— 
(aa) a propellant in metered-dose inhalers; 
(bb) defense sprays; 
(cc) structural composite preformed poly-
urethane foam for marine use and trailer use; 
(dd) the etching of semiconductor material 
or wafers and the cleaning of chemical vapor 
deposition chambers within the semiconductor 
manufacturing sector; 
(ee) mission-critical military end uses, 
such as armored vehicle engine and shipboard 
fire suppression systems and systems used in 
deployable and expeditionary applications; and 
(ff) onboard aerospace fire suppression. 
(II) REQUIREMENT.—The allocation of allow-
ances under subclause (I) shall be determined 
through a rulemaking. 
(v) REVIEW.— 
(I) IN
GENERAL.—For each essential use 
application receiving an allocation of allowances 
under clause (i) or (iv), the Administrator shall 
review the availability of substitutes, including any 
quantities of the regulated substance available 
from reclaiming or prior production, not less fre-
quently than once every 5 years. 
(II) EXTENSION.—If, pursuant to a review 
under subclause (I), the Administrator determines, 
subject to notice and opportunity for public com-
ment, that the requirements described in sub-
clauses (I) and (II) of clause (i) are met, the 
Administrator shall authorize the production or 
consumption, as applicable, of any regulated sub-
stance used in the application for renewable 
periods of not more than 5 years for exclusive 
use in the application. 
(5) DOMESTIC
MANUFACTURING.—Notwithstanding para-
graph (2)(A)(i), the Administrator may, by rule, authorize a
H. R. 133—1083 
person to produce a regulated substance in excess of the number 
of production allowances held by that person, subject to the 
conditions that— 
(A) the authorization is— 
(i) for a renewable period of not more than 5 
years; and 
(ii) subject to notice and opportunity for public 
comment; and 
(B) the production— 
(i) is at a facility located in the United States; 
(ii) is solely for export to, and use in, a foreign 
country that is not subject to the prohibition in sub-
section (j)(1); and 
(iii) would not violate paragraph (2)(B). 
(f) ACCELERATED SCHEDULE.— 
(1) IN GENERAL.—Subject to paragraph (4), the Adminis-
trator may, only in response to a petition submitted to the 
Administrator in accordance with paragraph (3) and after notice 
and opportunity for public comment, promulgate regulations 
that establish a schedule for phasing down the production 
or consumption of regulated substances that is more stringent 
than the production and consumption levels of regulated sub-
stances required under subsection (e)(2)(C). 
(2) REQUIREMENTS.—Any regulations promulgated under 
this subsection— 
(A) shall— 
(i) apply uniformly to the allocation of production 
and consumption allowances for regulated substances, 
in accordance with subsection (e)(3); 
(ii) ensure that there will be sufficient quantities 
of regulated substances, including substances available 
from reclaiming, prior production, or prior import, to 
meet the needs for— 
(I) applications that receive an allocation 
under clause (i) of subsection (e)(4)(B); and 
(II) all applications that receive a mandatory 
allocation under items (aa) through (ff) of clause 
(iv)(I) of that subsection; and 
(iii) foster continued reclamation of and transition 
from regulated substances; and 
(B) shall not set the level of production allowances 
or consumption allowances below the percentage of the 
consumption baseline that is actually consumed during 
the calendar year prior to the year during which the 
Administrator makes a final determination with respect 
to 
the 
applicable 
proposal 
described 
in 
paragraph 
(3)(C)(iii)(I). 
(3) PETITION.— 
(A) IN GENERAL.—A person may petition the Adminis-
trator to promulgate regulations for an accelerated schedule 
for the phase-down of production or consumption of regu-
lated substances under paragraph (1). 
(B) 
REQUIREMENT.—A 
petition 
submitted 
under 
subparagraph (A) shall— 
(i) be made at such time, in such manner, and 
containing such information as the Administrator shall 
require; and
H. R. 133—1084 
(ii) include a showing by the petitioner that there 
are data to support the petition. 
(C) TIMELINES.— 
(i) IN GENERAL.—If the Administrator receives a 
petition under subparagraph (A), the Administrator 
shall— 
(I) not later than 180 days after the date on 
which the Administrator receives the petition— 
(aa) make the complete petition available 
to the public; and 
(bb) when making the petition available 
to the public under item (aa), propose and 
seek public comment on the proposal of the 
Administrator to grant or deny the petition; 
and 
(II) not later than 270 days after the date 
on which the Administrator receives the petition, 
take final action on the petition. 
(ii) FACTORS FOR DETERMINATION.—In making a 
determination to grant or deny a petition submitted 
under subparagraph (A), the Administrator shall, to 
the extent practicable, factor in— 
(I) the best available data; 
(II) the availability of substitutes for uses of 
the regulated substance that is the subject of the 
petition, 
taking 
into 
account 
technological 
achievability, commercial demands, affordability 
for residential and small business consumers, 
safety, consumer costs, building codes, appliance 
efficiency standards, contractor training costs, and 
other relevant factors, including the quantities of 
regulated substances available from reclaiming, 
prior production, or prior import; 
(III) overall economic costs and environmental 
impacts, as compared to historical trends; and 
(IV) the remaining phase-down period for 
regulated substances under the final rule issued 
under subsection (e)(3), if applicable. 
(iii) REGULATIONS.—After receiving public com-
ment with respect to the proposal under clause 
(i)(I)(bb), if the Administrator makes a final determina-
tion to grant a petition under subparagraph (A), the 
final regulations with respect to the petition shall— 
(I) be promulgated by not later than 1 year 
after the date on which the Administrator makes 
the proposal to grant the petition under that 
clause; and 
(II) meet the requirements of paragraph (2). 
(D) PUBLICATION.—When the Administrator makes a 
final determination to grant or deny a petition under 
subparagraph (A), the Administrator shall publish a 
description of the reasons for that grant or denial, including 
a description of the information considered under sub-
clauses (I) through (IV) of subparagraph (C)(ii). 
(E) INSUFFICIENT INFORMATION.—If the Administrator 
determines that the data included under subparagraph
H. R. 133—1085 
(B)(ii) in a petition are not sufficient to make a determina-
tion under this paragraph, the Administrator shall use 
any authority available to the Administrator to acquire 
the necessary data. 
(4) DATE OF EFFECTIVENESS.—The Administrator may not 
promulgate under paragraph (1) a regulation for the production 
or consumption of regulated substances that is more stringent 
than the production or consumption levels required under sub-
section (e)(2)(C) that takes effect before January 1, 2025. 
(5) REVIEW.— 
(A) IN GENERAL.—The Administrator shall review the 
availability of substitutes for regulated substances subject 
to an accelerated schedule established under paragraph 
(1) in each sector and subsector in which the regulated 
substance is used, taking into account technological 
achievability, commercial demands, safety, and other rel-
evant factors, including the quantities of regulated sub-
stances available from reclaiming, prior production, or prior 
import, by January 1, 2026 (for the first review), by 
January 1, 2031 (for the second review), and at least once 
every 5 years thereafter. 
(B) PUBLIC
AVAILABILITY.—The Administrator shall 
make the results of a review conducted under subparagraph 
(A) publicly available. 
(6) SAVINGS PROVISION.—Nothing in this subsection author-
izes the Administrator to promulgate regulations pursuant to 
this subsection that establish a schedule for phasing down 
the production or consumption of regulated substances that 
is less stringent than the production and consumption levels 
of regulated substances required under subsection (e)(2)(C). 
(g) EXCHANGE AUTHORITY.— 
(1) TRANSFERS.—Not later than 270 days after the date 
of enactment of this Act, which shall include a period of notice 
and opportunity for public comment, the Administrator shall 
promulgate a final regulation that governs the transfer of allow-
ances for the production of regulated substances under sub-
section (e)(3)(A) that uses— 
(A) the applicable exchange values described in the 
table contained in subsection (c)(1); or 
(B) the exchange value described in the rule desig-
nating the substance as a regulated substance under sub-
section (c)(3). 
(2) REQUIREMENTS.—The final rule promulgated pursuant 
to paragraph (1) shall— 
(A) ensure that the transfers under this subsection 
will result in greater total reductions in the production 
of regulated substances in each year than would occur 
during the year in the absence of the transfers; 
(B) permit 2 or more persons to transfer production 
allowances if the transferor of the allowances will be sub-
ject, under the final rule, to an enforceable and quantifiable 
reduction in annual production that— 
(i) exceeds the reduction otherwise applicable to 
the transferor under this section; 
(ii) exceeds the quantity of production represented 
by the production allowances transferred to the trans-
feree; and
H. R. 133—1086 
(iii) would not have occurred in the absence of 
the transaction; and 
(C) provide for the trading of consumption allowances 
in the same manner as is applicable under this subsection 
to the trading of production allowances. 
(h) MANAGEMENT OF REGULATED SUBSTANCES.— 
(1) IN GENERAL.—For purposes of maximizing reclaiming 
and minimizing the release of a regulated substance from equip-
ment and ensuring the safety of technicians and consumers, 
the Administrator shall promulgate regulations to control, 
where appropriate, any practice, process, or activity regarding 
the servicing, repair, disposal, or installation of equipment 
(including requiring, where appropriate, that any such serv-
icing, repair, disposal, or installation be performed by a trained 
technician meeting minimum standards, as determined by the 
Administrator) that involves— 
(A) a regulated substance; 
(B) a substitute for a regulated substance; 
(C) the reclaiming of a regulated substance used as 
a refrigerant; or 
(D) the reclaiming of a substitute for a regulated sub-
stance used as a refrigerant. 
(2) RECLAIMING.— 
(A) IN
GENERAL.—In carrying out this section, the 
Administrator shall consider the use of authority available 
to the Administrator under this section to increase 
opportunities for the reclaiming of regulated substances 
used as refrigerants. 
(B) RECOVERY.—A regulated substance used as a refrig-
erant that is recovered shall be reclaimed before the regu-
lated substance is sold or transferred to a new owner, 
except where the recovered regulated substance is sold 
or transferred to a new owner solely for the purposes 
of being reclaimed or destroyed. 
(3) COORDINATION.—In promulgating regulations to carry 
out this subsection, the Administrator may coordinate those 
regulations with any other regulations promulgated by the 
Administrator that involve— 
(A) the same or a similar practice, process, or activity 
regarding the servicing, repair, disposal, or installation 
of equipment; or 
(B) reclaiming. 
(4) INAPPLICABILITY.—No regulation promulgated pursuant 
to this subsection shall apply to a regulated substance or a 
substitute for a regulated substance that is contained in a 
foam. 
(5) SMALL BUSINESS GRANTS.— 
(A) DEFINITION OF SMALL BUSINESS CONCERN.—In this 
paragraph, the term ‘‘small business concern’’ has the same 
meaning as in section 3 of the Small Business Act (15 
U.S.C. 632). 
(B) ESTABLISHMENT.—Subject to the availability of 
appropriations, the Administrator shall establish a grant 
program to award grants to small business concerns for 
the purchase of new specialized equipment for the recycling, 
recovery, or reclamation of a substitute for a regulated 
substance, including the purchase of approved refrigerant
H. R. 133—1087 
recycling equipment (as defined in section 609(b) of the 
Clean Air Act (42 U.S.C. 7671h(b))) for recycling, recovery, 
or reclamation in the service or repair of motor vehicle 
air conditioning systems. 
(C) MATCHING
FUNDS.—The non-Federal share of a 
project carried out with a grant under this paragraph shall 
be not less than 25 percent. 
(D) AUTHORIZATION
OF
APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this paragraph 
$5,000,000 for each of fiscal years 2021 through 2023. 
(i) TECHNOLOGY TRANSITIONS.— 
(1) AUTHORITY.—Subject to the provisions of this sub-
section, the Administrator may by rule restrict, fully, partially, 
or on a graduated schedule, the use of a regulated substance 
in the sector or subsector in which the regulated substance 
is used. 
(2) NEGOTIATED RULEMAKING.— 
(A) CONSIDERATION
REQUIRED.—Before proposing a 
rule for the use of a regulated substance for a sector or 
subsector under paragraph (1), the Administrator shall con-
sider negotiating with stakeholders in the sector or sub-
sector subject to the potential rule in accordance with the 
negotiated rulemaking procedure provided for under sub-
chapter III of chapter 5 of title 5, United States Code 
(commonly known as the ‘‘Negotiated Rulemaking Act of 
1990’’). 
(B) NEGOTIATED RULEMAKINGS.—If the Administrator 
negotiates a rulemaking with stakeholders using the proce-
dure described in subparagraph (A), the Administrator 
shall, to the extent practicable, give priority to completing 
that rulemaking over completing rulemakings under this 
subsection that were not negotiated using that procedure. 
(C) NO
NEGOTIATED
RULEMAKING.—If the Adminis-
trator does not negotiate a rulemaking with stakeholders 
using the procedure described in subparagraph (A), the 
Administrator shall, before commencement of the rule-
making process for a rule under paragraph (1), publish 
an explanation of the decision of the Administrator to not 
use that procedure. 
(3) PETITIONS.— 
(A) IN GENERAL.—A person may petition the Adminis-
trator to promulgate a rule under paragraph (1) for the 
restriction on use of a regulated substance in a sector 
or subsector, which shall include a request that the 
Administrator negotiate with stakeholders in accordance 
with paragraph (2)(A). 
(B) RESPONSE.—The Administrator shall grant or deny 
a petition under subparagraph (A) not later than 180 days 
after the date of receipt of the petition. 
(C) REQUIREMENTS.— 
(i) EXPLANATION.—If the Administrator denies a 
petition under subparagraph (B), the Administrator 
shall publish in the Federal Register an explanation 
of the denial. 
(ii) FINAL RULE.—If the Administrator grants a 
petition under subparagraph (B), the Administrator 
shall promulgate a final rule not later than 2 years
H. R. 133—1088 
after the date on which the Administrator grants the 
petition. 
(iii) PUBLICATION OF PETITIONS.—Not later than 
30 days after the date on which the Administrator 
receives a petition under subparagraph (A), the 
Administrator shall make that petition available to 
the public in full. 
(4) FACTORS FOR DETERMINATION.—In carrying out a rule-
making using the procedure described in paragraph (2) or 
making a determination to grant or deny a petition submitted 
under paragraph (3), the Administrator shall, to the extent 
practicable, factor in— 
(A) the best available data; 
(B) the availability of substitutes for use of the regu-
lated substance that is the subject of the rulemaking or 
petition, as applicable, in a sector or subsector, taking 
into 
account 
technological 
achievability, 
commercial 
demands, affordability for residential and small business 
consumers, safety, consumer costs , building codes, appli-
ance efficiency standards, contractor training costs, and 
other relevant factors, including the quantities of regulated 
substances available from reclaiming, prior production, or 
prior import; 
(C) overall economic costs and environmental impacts, 
as compared to historical trends; and 
(D) the remaining phase-down period for regulated sub-
stances under the final rule issued under subsection (e)(3), 
if applicable. 
(5) EVALUATION.—In carrying out this subsection, the 
Administrator shall— 
(A) evaluate substitutes for regulated substances in 
a sector or subsector, taking into account technological 
achievability, commercial demands, safety, overall economic 
costs and environmental impacts, and other relevant fac-
tors; and 
(B) make the evaluation under subparagraph (A) avail-
able to the public, including the factors associated with 
the safety of those substitutes. 
(6) EFFECTIVE DATE OF RULES.—No rule under this sub-
section may take effect before the date that is 1 year after 
the date on which the Administrator promulgates the applicable 
rule under this subsection. 
(7) APPLICABILITY.— 
(A) DEFINITION OF RETROFIT.—In this paragraph, the 
term ‘‘retrofit’’ means to upgrade existing equipment where 
the regulated substance is changed, which— 
(i) includes the conversion of equipment to achieve 
system compatibility; and 
(ii) may include changes in lubricants, gaskets, 
filters, driers, valves, o-rings, or equipment components 
for that purpose. 
(B) APPLICABILITY
OF
RULES.—A rule promulgated 
under this subsection shall not apply to— 
(i) an essential use under clause (i) or (iv) of sub-
section (e)(4)(B), including any use for which the 
production or consumption of the regulated substance 
is extended under clause (v)(II) of that subsection; or
H. R. 133—1089 
(ii) except for a retrofit application, equipment in 
existence in a sector or subsector before the date of 
enactment of this Act. 
(j) INTERNATIONAL COOPERATION.— 
(1) IN GENERAL.—Subject to paragraph (2), no person sub-
ject to the requirements of this section shall trade or transfer 
a production allowance or, after January 1, 2033, export a 
regulated substance to a person in a foreign country that, 
as determined by the Administrator, has not enacted or other-
wise established within a reasonable timeframe after the date 
of enactment of this Act the same or similar requirements 
or otherwise undertaken commitments regarding the production 
and consumption of regulated substances as are contained in 
this section. 
(2) TRANSFERS.—Pursuant to paragraph (1), a person in 
the United States may engage in a trade or transfer of a 
production allowance— 
(A) to a person in a foreign country if, at the time 
of the transfer, the Administrator revises the number of 
allowances for production under subsection (e)(2), as 
applicable, for the United States such that the aggregate 
national production of the regulated substance to be traded 
under the revised production limits is equal to the least 
of— 
(i) the maximum production level permitted for 
the applicable regulated substance in the year of the 
transfer under this section, less the production allow-
ances transferred; 
(ii) the maximum production level permitted for 
the applicable regulated substances in the transfer 
year under applicable law, less the production allow-
ances transferred; and 
(iii) the average of the actual national production 
level of the applicable regulated substances for the 
3-year period ending on the date of the transfer, less 
the production allowances transferred; or 
(B) from a person in a foreign country if, at the time 
of the trade or transfer, the Administrator finds that the 
foreign country has revised the domestic production limits 
of the regulated substance in the same manner as provided 
with respect to transfers by a person in United States 
under this subsection. 
(3) EFFECT
OF
TRANSFERS
ON
PRODUCTION
LIMITS.—The 
Administrator may— 
(A) reduce the production limits established under sub-
section (e)(2)(B) as required as a prerequisite to a transfer 
described in paragraph (2)(A); or 
(B) increase the production limits established under 
subsection (e)(2)(B) to reflect production allowances 
acquired under a trade or transfer described in paragraph 
(2)(B). 
(4) REGULATIONS.—The Administrator shall— 
(A) not later than 1 year after the date of enactment 
of this Act, promulgate a final rule to carry out this sub-
section; and
H. R. 133—1090 
(B) not less frequently than annually, review and, if 
necessary, revise the final rule promulgated pursuant to 
subparagraph (A). 
(k) RELATIONSHIP TO OTHER LAW.— 
(1) IMPLEMENTATION.— 
(A) RULEMAKINGS.—The Administrator may promul-
gate such regulations as are necessary to carry out the 
functions of the Administrator under this section. 
(B) DELEGATION.—The Administrator may delegate to 
any officer or employee of the Environmental Protection 
Agency such of the powers and duties of the Administrator 
under this section as the Administrator determines to be 
appropriate. 
(C) CLEAN AIR ACT.—Sections 113, 114, 304, and 307 
of the Clean Air Act (42 U.S.C. 7413, 7414, 7604, 7607) 
shall apply to this section and any rule, rulemaking, or 
regulation promulgated by the Administrator pursuant to 
this section as though this section were expressly included 
in title VI of that Act (42 U.S.C. 7671 et seq.). 
(2) PREEMPTION.— 
(A) IN GENERAL.—Subject to subparagraph (B), during 
the 5-year period beginning on the date of enactment of 
this Act, and with respect to an exclusive use for which 
a mandatory allocation of allowances is provided under 
subsection (e)(4)(B)(iv)(I), no State or political subdivision 
of a State may enforce a statute or administrative action 
restricting the management or use of a regulated substance 
within that exclusive use. 
(B) EXTENSION.— 
(i) IN GENERAL.—Subject to clause (ii), if, pursuant 
to subclause (I) of subsection (e)(4)(B)(v), the Adminis-
trator authorizes an additional period under subclause 
(II) of that subsection for the production or consump-
tion of a regulated substance for an exclusive use 
described in subparagraph (A), no State or political 
subdivision of a State may enforce a statute or adminis-
trative action restricting the management or use of 
the regulated substance within that exclusive use for 
the duration of that additional period. 
(ii) LIMITATION.—The period for which the limita-
tion under clause (i) applies shall not exceed 5 years 
from the date on which the period described in 
subparagraph (A) ends.
H. R. 133—1091 
DIVISION T—SMITHSONIAN AMERICAN 
WOMEN’S HISTORY MUSEUM ACT AND 
NATIONAL MUSEUM OF THE AMER-
ICAN LATINO 
TITLE I—SMITHSONIAN AMERICAN 
WOMEN’S HISTORY MUSEUM ACT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Smithsonian American Women’s 
History Museum Act’’. 
SEC. 102. FINDINGS. 
Congress finds the following: 
(1) Since its founding, the United States has greatly bene-
fitted from the contributions of women. 
(2) Historical accounts, monuments, memorials, and 
museums disproportionately represent men’s achievements and 
contributions and often neglect those of women. For example— 
(A) a study of 18 United States history textbooks con-
cluded that 10 percent of the material documented con-
tributions of women; 
(B) 9 statues out of 91 in the United States Capitol’s 
National Statuary Hall depict women; and 
(C) only one of the 44 monuments operated by the 
National Park Service specifically honors the achievements 
of women after the 2016 designation of the Belmont-Paul 
Women’s Equality National Monument. 
(3) There exists no national museum in the United States 
that is devoted to the documentation of women’s contributions 
throughout the Nation’s history. 
(4) On December 19, 2014, Congress created a Congres-
sional Commission to study the potential for an American 
museum of women’s history. The bipartisan Commission unani-
mously concluded that the United States needs and deserves 
a physical national museum dedicated to showcasing the histor-
ical experiences and impact of women in the United States. 
(5) A comprehensive women’s history museum would docu-
ment the full spectrum of the experiences of women in the 
United States, represent a diverse range of viewpoints, experi-
ences, and backgrounds, more accurately depict the history 
of the United States, and add value to the Smithsonian Institu-
tion. 
(6) The collections, exhibits, historical narrative materials, 
and museum programming of the women’s history museum 
should be inclusive, comprehensive, and innovative. Such collec-
tions, exhibits, materials, and programming should present the 
diverse range of experiences and viewpoints of all women in 
the United States, reflecting upon the things that set women 
apart from one another while also highlighting the experiences 
that many of these women share.
H. R. 133—1092 
SEC. 103. ESTABLISHMENT OF MUSEUM. 
(a) ESTABLISHMENT.—There is established within the Smithso-
nian Institution a comprehensive women’s history museum, to be 
named by the Board of Regents in consultation with the council 
established under section 104 (referred to in this Act as the 
‘‘Museum’’). 
(b) PURPOSE.—The purpose of the Museum established under 
this section shall be to provide for— 
(1) the collection and study of, and the establishment of 
programs relating to, women’s contributions to various fields 
and throughout different periods of history that have influenced 
the direction of the United States; 
(2) collaboration with other Smithsonian Institution 
museums and facilities, outside museums, and educational 
institutions; and 
(3) the creation of exhibitions and programs that recognize 
diverse perspectives on women’s history and contributions. 
SEC. 104. COUNCIL. 
(a) ESTABLISHMENT.—There is established within the Smithso-
nian Institution a council to carry out the duties set forth under 
subsection (b) and other provisions of this Act (referred to in this 
section as the ‘‘Council’’). 
(b) DUTIES.— 
(1) IN GENERAL.—The Council established under this sec-
tion shall— 
(A) make recommendations to the Board of Regents 
concerning the planning, design, and construction of the 
Museum; 
(B) advise and assist the Board of Regents on all 
matters relating to the administration, operation, mainte-
nance, and preservation of the Museum; 
(C) recommend annual operating budgets for the 
Museum to the Board of Regents; 
(D) report annually to the Board of Regents on the 
acquisition, disposition, and display of objects relating to 
women’s art, history, and culture; and 
(E) adopt bylaws for the operation of the Council. 
(2) PRINCIPAL RESPONSIBILITIES.—The Council, subject to 
the general policies of the Board of Regents, shall have sole 
authority to— 
(A) purchase, accept, borrow, and otherwise acquire 
artifacts for addition to the collections of the Museum; 
(B) loan, exchange, sell, and otherwise dispose of any 
part of the collections of the Museum, but only if the 
funds generated by that disposition are used for additions 
to the collections of the Museum; or 
(C) specify criteria with respect to the use of the collec-
tions and resources of the Museum, including policies on 
programming, education, exhibitions, and research with 
respect to— 
(i) the life, art, history, and culture of women; 
(ii) the role of women in the history of the United 
States; and 
(iii) the contributions of women to society. 
(3) OTHER RESPONSIBILITIES.—The Council, subject to the 
general policies of the Board of Regents, shall have authority—
H. R. 133—1093 
(A) to provide for preservation, restoration, and mainte-
nance of the collections of the Museum; and 
(B) to solicit, accept, use, and dispose of gifts, bequests, 
and devises of personal property for the purpose of aiding 
and facilitating the work of the Museum. 
(4) ENSURING
DIVERSITY
OF
POLITICAL
VIEWPOINTS
IN 
EXHIBITS
AND
PROGRAMS.—In carrying out its duties, the 
Council shall ensure that the exhibits and programs of the 
Museum reflect, to the extent practicable, an equal representa-
tion of the diversity of the political viewpoints held by women 
of the United States on the events and issues relating to the 
history of women in the United States. 
(c) COMPOSITION AND APPOINTMENT.— 
(1) IN
GENERAL.—The Council shall be composed of 25 
voting members as provided under paragraph (2). 
(2) VOTING MEMBERS.—The Council shall include the fol-
lowing voting members: 
(A) One member appointed by the majority leader of 
the Senate. 
(B) One member appointed by the minority leader of 
the Senate. 
(C) One member appointed by the Speaker of the House 
of Representatives. 
(D) One member appointed by the minority leader 
of the House of Representatives. 
(E) The Secretary of the Smithsonian Institution. 
(F) One member of the Board of Regents, appointed 
by the Board of Regents. 
(G) Nineteen individuals appointed by the Board of 
Regents. In appointing members under this subparagraph, 
the Board of Regents should give special consideration 
to appointing— 
(i) members of the Congressional Commission; 
(ii) board members of the National Women’s His-
tory Museum, a nonprofit, educational organization 
described in section 501(c)(3) of the Internal Revenue 
Code of 1986 that was incorporated in 1996 in the 
District of Columbia and that is dedicated for the pur-
pose of establishing a women’s history museum; and 
(iii) scholars and representatives of organizations 
that are committed to the study of women’s history. 
(3) INITIAL APPOINTMENTS.—The Board of Regents shall 
make initial appointments to the Council under paragraph 
(2) not later than 180 days after the date of the enactment 
of this Act. 
(d) TERMS.— 
(1) IN GENERAL.—Except as provided in this subsection, 
each appointed member of the Council shall be appointed for 
a term of 3 years. 
(2) INITIAL APPOINTEES.—As designated by the Board of 
Regents at the time of appointment, of the voting members 
first appointed under subparagraph (G) of subsection (c)(2)— 
(A) 7 members shall be appointed for a term of 1 
year; 
(B) 6 members shall be appointed for a term of 2 
years; and
H. R. 133—1094 
(C) 6 members shall be appointed for a term of 3 
years. 
(3) REAPPOINTMENT.—A member of the Council may be 
reappointed, except that no individual may serve on the Council 
for a total of more than 2 terms. For purposes of this paragraph, 
the number of terms an individual serves on the Council shall 
not include any portion of a term for which an individual 
is appointed to fill a vacancy under paragraph (4)(B). 
(4) VACANCIES.— 
(A) IN GENERAL.—A vacancy on the Council— 
(i) shall not affect the powers of the Council; and 
(ii) shall be filled in the same manner as the 
original appointment was made. 
(B) TERM.—Any member of the Council appointed to 
fill a vacancy occurring before the expiration of the term 
for which the member’s predecessor was appointed shall 
be appointed for the remainder of that term. 
(e) COMPENSATION.— 
(1) IN GENERAL.—Except as provided in paragraph (2), a 
member of the Council shall serve without pay. 
(2) TRAVEL EXPENSES.—A member of the Council shall be 
allowed travel expenses, including per diem in lieu of subsist-
ence, at rates authorized for an employee of an agency under 
subchapter I of chapter 57 of title 5, United States Code, 
while away from the home or regular place of business of 
the member in the performance of the duties of the Council. 
(f) CHAIRPERSON.—By a majority vote of its voting members, 
the Council shall elect a chairperson from its members. 
(g) MEETINGS.— 
(1) IN GENERAL.—The Council shall meet at the call of 
the chairperson or on the written request of a majority of 
the voting members of the Council, but not fewer than twice 
each year. 
(2) INITIAL MEETINGS.—During the 1-year period beginning 
on the date of the first meeting of the Council, the Council 
shall meet not fewer than 4 times for the purpose of carrying 
out the duties of the Council under this Act. 
(h) QUORUM.—A majority of the voting members of the Council 
holding office shall constitute a quorum for the purpose of con-
ducting business, but a lesser number may receive information 
on behalf of the Council. 
SEC. 105. DIRECTOR AND STAFF OF THE MUSEUM. 
(a) DIRECTOR.— 
(1) IN GENERAL.—The Museum shall have a Director who 
shall be appointed by the Secretary, taking into consideration 
individuals recommended by the council established under sec-
tion 104. 
(2) DUTIES.—The Director shall manage the Museum sub-
ject to the policies of the Board of Regents. 
(b) STAFF.—The Secretary may appoint 2 additional employees 
to serve under the Director, except that such additional employees 
may be appointed without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive service. 
(c) PAY.—The employees appointed by the Secretary under sub-
section (b) may be paid without regard to the provisions of chapter 
51 and subchapter III of chapter 53 of title 5, United States Code,
H. R. 133—1095 
relating to classification of positions and General Schedule pay 
rates. 
SEC. 106. EDUCATIONAL AND LIAISON PROGRAMS. 
(a) PROGRAMS AUTHORIZED.—The Director of the Museum may 
carry out educational and liaison programs in support of the goals 
of the Museum. 
(b) COLLABORATION WITH SCHOOLS.—In carrying out this sec-
tion, the Director shall carry out educational programs in collabora-
tion with elementary schools, secondary schools, and postsecondary 
schools. 
SEC. 107. BUILDING. 
(a) LOCATION.— 
(1) IN GENERAL.—Not later than 2 years after the date 
of the enactment of this Act, the Board of Regents shall des-
ignate a site for the Museum. 
(2) SITES FOR CONSIDERATION.—In designating a site under 
paragraph (1), the Board of Regents shall— 
(A) select a site in the District of Columbia; and 
(B) include the consideration of the following sites: 
(i) The site known as the ‘‘South Monument site’’, 
located on the National Mall and bordered by 14th 
Street Northwest, Jefferson Drive Southwest, Raoul 
Wallenberg Place Southwest, and Independence Ave 
Southwest. 
(ii) The Northwest United States Capitol site, bor-
dered by 3rd Street Northwest, Constitution Avenue 
Northwest, 1st Street Northwest, and Pennsylvania 
Ave Northwest. 
(3) FACTORS
CONSIDERED.—In designating a site under 
paragraph (1), the Board of Regents shall take into consider-
ation each of the following factors: 
(A) An estimate of the costs associated with each poten-
tial site. 
(B) An assessment of the suitability of the space of 
each potential site, including size, proximity to other 
buildings and transportation, and other external environ-
mental conditions, as appropriate. 
(C) 
The 
recommendations 
of 
the 
Congressional 
Commission. 
(4) CONSULTATION.—The Board of Regents shall carry out 
its duties under this subsection in consultation with each of 
the following: 
(A) The Chair of the National Capital Planning 
Commission. 
(B) The Director of the National Park Service. 
(C) The Chair of the National Capital Memorial 
Advisory Commission. 
(D) The Chair of the Commission on Fine Arts. 
(E) The Chair of the Congressional Commission. 
(F) The Architect of the Capitol. 
(G) The chair and ranking member of each of the 
following committees: 
(i) The Committee on Rules and Administration 
of the Senate. 
(ii) The Committee on House Administration of 
the House of Representatives.
H. R. 133—1096 
(iii) The Committee on Energy and Natural 
Resources of the Senate. 
(iv) The Committee on Natural Resources of the 
House of Representatives. 
(v) The Committee on Transportation and Infra-
structure of the House of Representatives. 
(vi) The Committee on Appropriations of the House 
of Representatives. 
(vii) The Committee on Appropriations of the 
Senate. 
(5) INTENT
OF
CONGRESS.—It is the intent of Congress 
that the Museum be located on or near the National Mall, 
to the maximum extent practicable, in accordance with this 
section. 
(b) SITE UNDER
THE JURISDICTION
OF ANOTHER FEDERAL 
AGENCY.— 
(1) WRITTEN NOTIFICATION OF AGREEMENT.—The Board of 
Regents shall not designate a site for the Museum that is 
under the administrative jurisdiction of another Federal agency 
or entity unless the head of the Federal agency or entity sub-
mits to each of the committees described in subsection (a)(4)(G) 
written notification stating that the head of the Federal agency 
or entity concurs with locating the Museum on the land or 
in the structure that is under the administrative jurisdiction 
of the Federal agency or entity. 
(2) TRANSFER.—As soon as practicable after the date on 
which Congress receives the written notification described in 
paragraph (1), the head of the Federal agency or entity shall 
transfer to the Smithsonian Institution its administrative juris-
diction over the land or structure that has been designated 
as the site for the Museum. 
(c) CONSTRUCTION
OF BUILDING.—The Board of Regents, in 
consultation with the council established under section 104, may 
plan, design, and construct a building for the Museum, which 
shall be located at the site designated by the Board of Regents 
under subsection (a), in accordance with this section. 
(d) COMMEMORATIVE WORKS ACT.—Chapter 89 of title 40, 
United States Code, shall not apply with respect to the Museum, 
except that the Museum shall not be located in the Reserve (as 
defined in section 8902(a) of that title). 
(e) COST SHARING.—The Board of Regents shall pay— 
(1) 50 percent of the costs of carrying out this section 
from Federal funds; and 
(2) 50 percent of the costs of carrying out this section 
from non-Federal sources. 
SEC. 108. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) The term ‘‘Board of Regents’’ means the Board of 
Regents of the Smithsonian Institution. 
(2) The term ‘‘Congressional Commission’’ means the 
Commission to Study the Potential Creation of a National 
Women’s History Museum, established under section 3056 of 
the Military Construction Authorization Act for Fiscal Year 
2015 (Public Law 113–291; 128 Stat. 3810). 
(3) The term ‘‘Secretary’’ means the Secretary of the 
Smithsonian Institution.
H. R. 133—1097 
SEC. 109. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appropriated to 
the Smithsonian Institution to carry out this Act, including the 
planning, design, construction, and operation of the Museum estab-
lished under section 103, such sums as may be necessary for fiscal 
year 2020 and each succeeding fiscal year. 
(b) AVAILABILITY.—Amounts appropriated pursuant to the 
authorization under this section shall remain available until 
expended. 
(c) USE OF FUNDS FOR FUNDRAISING.—Amounts appropriated 
pursuant to the authorization under this section may be used to 
conduct fundraising in support of the Museum from private sources. 
TITLE II—NATIONAL MUSEUM OF THE 
AMERICAN LATINO 
SEC. 201. NATIONAL MUSEUM OF THE AMERICAN LATINO. 
(a) FINDINGS.—Congress finds the following: 
(1) The United States is a symbol of democracy, freedom, 
and economic opportunity around the world, and the legacy 
of Latinos is deeply rooted in the very fabric of the history, 
democracy, freedom, and economic opportunity of the United 
States. 
(2) There exists no national museum within the Smithso-
nian Institution that is devoted to the documentation and expli-
cation of Latino life, art, history, and culture. 
(3) The establishment of the National Museum of the Amer-
ican Latino will be consistent with the purposes of the Smithso-
nian Institution, created by Congress in 1846, ‘‘for the increase 
and diffusion of knowledge’’. 
(4) The National Museum of the American Latino— 
(A) will be the keystone for people in the United States 
and other Smithsonian Institution visitors to learn about 
Latino contributions to life, art, history, and culture in 
the United States at its signature location on the National 
Mall; and 
(B) will serve as a gateway for visitors to view other 
Latino exhibitions, collections, and programming at other 
Smithsonian Institution facilities and museums throughout 
the United States and the territories of the United States. 
(b) DEFINITIONS.—In this section: 
(1) BOARD
OF
REGENTS.—The term ‘‘Board of Regents’’ 
means the Board of Regents of the Smithsonian Institution. 
(2) BOARD OF TRUSTEES.—The term ‘‘Board of Trustees’’ 
means the Board of Trustees of the National Museum of the 
American Latino as established by subsection (d). 
(3) DIRECTOR.—The term ‘‘Director’’ means the Director 
of the National Museum of the American Latino. 
(4) MUSEUM.—The term ‘‘Museum’’ means the National 
Museum of the American Latino established by subsection (c). 
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Smithsonian Institution. 
(c) ESTABLISHMENT OF MUSEUM.—
H. R. 133—1098 
(1) ESTABLISHMENT.—There is established within the 
Smithsonian Institution a museum to be known as the 
‘‘National Museum of the American Latino’’. 
(2) PURPOSES.—The purposes of the Museum are— 
(A) to illuminate the story of the United States for 
the benefit of all by featuring Latino contributions; and 
(B) to provide for— 
(i) the collection, study, research, publication, and 
establishment of exhibitions and programs relating to 
Latino life, art, history, and culture that encompass— 
(I) Latino contributions to the early history 
of what now encompasses the United States of 
America and its territories; 
(II) Latino contributions in the armed services 
from the earliest days of the American Revolution 
to current military activities in defense of our free-
doms; 
(III) Latino contributions to the freedom, well- 
being, and economic prosperity of all people in 
the United States through historical movements; 
(IV) entrepreneurial and charitable activities 
of Latinos; 
(V) contributions by Latinos to— 
(aa) the social, natural, and physical 
sciences; and 
(bb) art, history, and culture, including 
food, music, dance, film, theater, sports, and 
other forms of popular culture in the United 
States; and 
(ii) collaboration between the Museum, other 
museums and research centers of the Smithsonian 
Institution, and other museums and educational 
institutions throughout the United States and abroad, 
to promote the study and appreciation of Latino life, 
art, history, culture, and its impact on society in the 
United States, including collaboration concerning joint 
research projects, programs, exhibitions, collection 
management, and training of museum staff. 
(d) BOARD OF TRUSTEES.— 
(1) ESTABLISHMENT.—There is established within the 
Smithsonian Institution a Board of Trustees of the Museum 
with the duties, powers, and authority specified in this sub-
section. 
(2) DUTIES.— 
(A) IN GENERAL.—The Board of Trustees— 
(i) shall— 
(I) make recommendations to the Board of 
Regents concerning the location, planning, design, 
and construction of the Museum; 
(II) recommend annual operating budgets for 
the Museum to the Board of Regents; 
(III) adopt bylaws for the Board of Trustees; 
(IV) report annually to the Board of Regents 
on the acquisition, disposition, and display of 
Latino collections, objects and artifacts, and on 
other appropriate matters; and
H. R. 133—1099 
(V) advise and assist the Board of Regents 
on all matters relating to the administration, oper-
ation, maintenance, and preservation of the 
Museum, including long-term maintenance; and 
(ii) may delegate the duties described in subclauses 
(I) through (IV) of clause (i) to the Director. 
(B) PRINCIPAL RESPONSIBILITIES.—Subject to the gen-
eral policies of the Board of Regents, the Board of Trustees 
shall have the sole authority to— 
(i) purchase, accept, borrow, or otherwise acquire 
artifacts and other objects for addition to the collections 
of the Museum; 
(ii) loan, exchange, sell, or otherwise dispose of 
any part of the collections of the Museum, with the 
proceeds of such transactions to be used for additions 
to the collections of the Museum; and 
(iii) specify criteria with respect to the use of the 
collections and resources of the Museum, including 
policies on programming, education, exhibitions, and 
research with respect to— 
(I) the life, art, history, culture, and other 
aspects of Latinos in the United States and the 
territories of the United States; 
(II) the role of Latinos in the history of the 
United States from the arrival of the first explorers 
to the Americas to the present; 
(III) the contributions of Latinos to society 
and culture in the United States, and exploring 
what it means to be an American; and 
(IV) sharing how values in the United States 
such as resiliency, optimism, and spirituality are 
reflected in Latino history and culture. 
(C) OTHER RESPONSIBILITIES.—Subject to the general 
policies of the Board of Regents, the Board of Trustees 
shall have authority to— 
(i) provide for preservation, restoration, and 
maintenance of the collections of the Museum; and 
(ii) solicit, accept, use, and dispose of gifts, 
bequests, and devises of personal and real property 
for the purpose of aiding and facilitating the work 
of the Museum. 
(D) ENSURING DIVERSITY OF POLITICAL VIEWPOINTS IN 
EXHIBITS AND PROGRAMS.—In carrying out its duties, the 
Board of Trustees shall ensure that the exhibits and pro-
grams of the Museum reflect the diversity of the political 
viewpoints held by Latinos of the United States on the 
events and issues relating to the history of Latinos in 
the United States. 
(3) COMPOSITION AND APPOINTMENT.— 
(A) IN GENERAL.—The Board of Trustees shall be com-
posed of not more than 19 voting members as provided 
under subparagraph (B). 
(B) VOTING MEMBERS.—The Board of Trustees shall 
include the following voting members: 
(i) The Secretary of the Smithsonian Institution. 
(ii) The Under Secretary of Museums and Research 
of the Smithsonian Institution.
H. R. 133—1100 
(iii) The chair of the Smithsonian National Latino 
Board. 
(iv) One member of the Board of Regents, 
appointed by the Board of Regents. 
(v) Two Members of Congress, one from each polit-
ical party, designated by the Congressional Hispanic 
Caucus and the Congressional Hispanic Conference. 
(vi) Thirteen individuals who shall be appointed 
by the Board of Regents after taking into consider-
ation— 
(I) efforts to have a politically and geographi-
cally diverse representation on the Board of 
Trustees reflecting States and territories with 
significant Latino populations; 
(II) individuals recommended by members of 
the Board of Trustees; and 
(III) individuals recommended by organiza-
tions and entities that are committed to the 
advancement of knowledge of Latino life, art, his-
tory, and culture. 
(C) INITIAL
APPOINTMENTS.—The Board of Regents 
shall make initial appointments to the Board of Trustees 
under subparagraph (B) not later than 180 days after the 
date of enactment of this Act. 
(4) TERMS OF SERVICE.— 
(A) IN GENERAL.—Except as provided in this paragraph, 
each appointed member of the Board of Trustees shall 
be appointed for a term of 3 years. 
(B) INITIAL APPOINTEES.—As designated by the Board 
of Regents at the time of appointment, of the voting mem-
bers first appointed under clause (vi) of paragraph (3)(B)— 
(i) Five members shall be appointed for a term 
of 1 year; 
(ii) Four members shall be appointed for a term 
of 2 years; and 
(iii) Four members shall be appointed for a term 
of 3 years. 
(C) REAPPOINTMENT.—A member of the Board of 
Trustees may be reappointed, except that no individual 
may serve on the Board of Trustees for a total of more 
than 2 full terms. For purposes of this subparagraph, the 
number of terms an individual serves on the Board of 
Trustees shall not include any portion of a term for which 
an individual is appointed to fill a vacancy under subpara-
graph (D)(ii). 
(D) VACANCIES.— 
(i) IN
GENERAL.—A vacancy on the Board of 
Trustees— 
(I) shall not affect the powers of the Board 
of Trustees; and 
(II) shall be filled in the same manner as 
the original appointment was made. 
(ii) TERM.—Any member of the Board of Trustees 
appointed to fill a vacancy occurring before the expira-
tion of the term for which the member’s predecessor 
was appointed shall be appointed for the remainder 
of that term.
H. R. 133—1101 
(5) COMPENSATION.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), a member of the Board of Trustees shall serve without 
pay. 
(B) TRAVEL
EXPENSES.—A member of the Board of 
Trustees shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for an 
employee of an agency under subchapter I of chapter 57 
of title 5, United States Code, while away from the home 
or regular place of business of the member in the perform-
ance of the duties of the Board of Trustees. 
(6) CHAIRPERSON.—By a majority vote of its voting mem-
bers, the Board of Trustees shall elect a chairperson from 
its members. 
(7) MEETINGS.— 
(A) IN GENERAL.—The Board of Trustees shall meet 
at the call of the chairperson or on the written request 
of a majority of the voting members of the Board of 
Trustees, but not fewer than twice each year. 
(B) MEETING FORMAT.—Regularly scheduled meetings 
and special meetings may be conducted in-person, tele-
phonically, electronically, or by any means appropriate as 
determined by the chairperson. 
(8) QUORUM.—A majority of the voting members of the 
Board of Trustees holding office shall constitute a quorum 
for the purpose of conducting business, but a lesser number 
may receive information on behalf of the Board of Trustees. 
(e) DIRECTOR AND STAFF OF MUSEUM.— 
(1) DIRECTOR.— 
(A) IN GENERAL.—The Museum shall have a Director 
who shall be appointed by the Secretary in consultation 
with Board of Trustees. The Secretary may appoint an 
interim Director to oversee the initial activity of estab-
lishing the Museum until a permanent Director is selected. 
(B) DUTIES.—The Director shall manage the Museum 
subject to the policies of the Board of Regents and the 
Board of Trustees. 
(2) STAFF.—The Secretary may appoint two additional 
employees to serve under the Director, except that such addi-
tional employees may be appointed without regard to the provi-
sions of title 5, United States Code, governing appointments 
in the competitive service. 
(3) PAY.—The employees appointed by the Secretary under 
paragraph (2) may be paid without regard to the provisions 
of chapter 51 and subchapter III of chapter 53 of title 5, 
United States Code, relating to classification of positions and 
General Schedule pay rates. 
(f) EDUCATIONAL AND LIAISON PROGRAMS.— 
(1) IN GENERAL.— 
(A) PROGRAMS
AUTHORIZED.—The Director of the 
Museum may carry out educational and liaison programs 
in support of the goals of the Museum. 
(B) SPECIFIC
ACTIVITIES.—In carrying out this sub-
section, the Director shall— 
(i) carry out educational programs relating to 
Latino life, art, history, and culture, including—
H. R. 133—1102 
(I) programs using digital, electronic, and 
interactive technologies; and 
(II) programs carried out in collaboration with 
elementary schools, secondary schools, and postsec-
ondary schools; and 
(ii) consult with the Director of the Institute of 
Museum and Library Services concerning the grant 
programs carried out under paragraph (2). 
(2) GRANT PROGRAMS.— 
(A) IN
GENERAL.—The Director of the Institute of 
Museum and Library Services, in consultation with the 
Board of Trustees and the Director of the Museum, shall 
establish and carry out— 
(i) a grant program with the purpose of improving 
operations, care of collections, culturally appropriate 
public outreach, and development of professional 
management at American Latino museums; 
(ii) a grant program with the purpose of providing 
internship and fellowship opportunities at American 
Latino museums; 
(iii) a scholarship program, in partnership with 
Hispanic-serving institutions, minority-serving institu-
tions, historically black colleges and universities, and 
other institutions of higher education, with the purpose 
of assisting individuals who are pursuing careers or 
carrying out studies in the arts, humanities, and 
sciences in the study of American Latino life, art, his-
tory, and culture; 
(iv) in cooperation with other museums, historical 
societies, and educational institutions, a grant program 
with the purpose of promoting the understanding of 
the Latin American diaspora in the United States; 
and 
(v) a grant program under which an American 
Latino museum (including a nonprofit education 
organization the primary mission of which is to pro-
mote the study of the Latin American diaspora in 
the United States) may use funds provided under the 
grant to increase an endowment fund established by 
the museum (or organization) as of October 1, 2020, 
for the purposes of enhancing educational program-
ming, and maintaining and operating traveling edu-
cational exhibits. 
(B) CLARIFICATION OF TREATMENT OF MUSEUM.—In this 
paragraph, the term ‘‘American Latino museum’’ does not 
include the Museum. 
(C) AUTHORIZATION
OF
APPROPRIATIONS.—There are 
authorized to be appropriated to the Institute of Museum 
and Library Services to carry out this paragraph— 
(i) $15,000,000 for fiscal year 2021; and 
(ii) such sums as may be necessary for fiscal year 
2022 and each succeeding fiscal year. 
(g) NATIONAL MUSEUM OF THE AMERICAN LATINO BUILDING 
AND SUPPORT FACILITIES.— 
(1) IN GENERAL.— 
(A) LOCATION.—
H. R. 133—1103 
(i) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Board of Regents 
shall designate a site for the Museum. 
(ii) SITES FOR CONSIDERATION.—In designating a 
site under clause (i), the Board of Regents shall— 
(I) select a site in the District of Columbia; 
and 
(II) include the consideration of the following 
sites: 
(aa) The Arts and Industries Building of 
the Smithsonian Institution, located on the 
National Mall at 900 Jefferson Drive, South-
west, Washington, District of Columbia. 
(bb) A vacant area bounded by Independ-
ence 
Avenue, 
Jefferson 
Drive, 
Raoul 
Wallenberg Place, and 14th Street Southwest, 
currently 
under 
the 
jurisdiction 
of 
the 
National Park Service. 
(cc) The area bounded by 3rd Street and 
1st 
Street, 
Northwest 
and 
Constitution 
Avenue and Pennsylvania Avenue, Northwest, 
as measured from curb to curb, currently 
under the jurisdiction of the Architect of the 
Capitol. 
(dd) The facility and grounds on the 
National Mall between 12th and 14th Streets, 
Southwest, and Jefferson Drive and Independ-
ence Avenue, Southwest, currently under the 
jurisdiction of the Department of Agriculture. 
(iii) FACTORS CONSIDERED.—In designating a site 
under clause (i), the Board of Regents shall take into 
consideration each of the following factors: 
(I) An estimate of the costs associated with 
each potential site. 
(II) An assessment of the suitability of the 
space of each potential site, including size, prox-
imity to other buildings and transportation, and 
other external environmental conditions, as appro-
priate. 
(III) The recommendations of the Commission 
referred to in subsection (h). 
(iv) CONSULTATION.—The Board of Regents shall 
carry out its duties under this subparagraph in con-
sultation with the following: 
(I) The Chair of the National Capital Planning 
Commission. 
(II) The Director of the National Park Service. 
(III) The Chair of the National Capital Memo-
rial Advisory Commission. 
(IV) The Chair of the Commission of Fine Arts. 
(V) The Chair and Vice Chair of the Commis-
sion referred to in subsection (h). 
(VI) The Chair of the Building and Site Sub-
committee of the Commission referred to in sub-
section (h). 
(VII) The Architect of the Capitol.
H. R. 133—1104 
(VIII) The Chair and ranking minority 
member of each of the following committees: 
(aa) 
The 
Committee 
on 
Rules 
and 
Administration of the Senate. 
(bb) The Committee on House Administra-
tion of the House of Representatives. 
(cc) The Committee on Energy and Nat-
ural Resources of the Senate. 
(dd) The Committee on Natural Resources 
of the House of Representatives. 
(ee) The Committee on Transportation and 
Infrastructure of the House of Representa-
tives. 
(ff) The Committee on Appropriations of 
the House of Representatives. 
(gg) The Committee on Appropriations of 
the Senate. 
(v) INTENT OF CONGRESS.—It is the intent of Con-
gress that the Museum be located on or near the 
National Mall, to the maximum extent practicable, in 
accordance with this subsection. 
(B) SIZE OF BUILDING.—The building constructed or 
modified to serve as the Museum shall occupy no less 
than the recommended square footage set forth in the 
report submitted by the Commission to Study the Potential 
Creation of a National Museum of the American Latino 
established under section 333 of the Consolidated Natural 
Resources Act of 2008 (Public Law 110–229; 122 Stat. 
784). 
(C) CONSTRUCTION
OF
BUILDING.—The Board of 
Regents, in consultation with the Board of Trustees and 
other appropriate Federal and local agencies is authorized 
to prepare plans, design, and construct a building or modify 
an existing building for the Museum, which shall be located 
at the site selected by the Board of Regents, in accordance 
with this subsection. 
(2) SITE UNDER THE JURISDICTION OF ANOTHER FEDERAL 
AGENCY.— 
(A) IN GENERAL.—The Board of Regents shall not des-
ignate a site for the Museum that is under the administra-
tive jurisdiction of another Federal agency or entity unless 
the head of the Federal agency or entity submits to each 
of the committees described in paragraph (1)(A)(iv)(VIII) 
written notification stating that the head of the Federal 
agency or entity concurs with locating the Museum on 
the land or in the structure that is under the administrative 
jurisdiction of the Federal agency or entity. 
(B) TRANSFER.—As soon as practicable after the date 
on which the committees receive the written notification 
described in subparagraph (A), the head of the Federal 
agency or entity shall transfer to the Smithsonian Institu-
tion administrative jurisdiction over the land or structure 
that has been designated as the site for the Museum. 
(3) COST SHARING.—The Board of Regents shall pay— 
(A) 50 percent of the costs of carrying out this sub-
section from Federal funds; and
H. R. 133—1105 
(B) 50 percent of the costs of carrying out this sub-
section from non-Federal sources. 
(4) COMMEMORATIVE WORKS ACT.—Chapter 89 of title 40, 
United States Code, shall not apply with respect to the 
Museum, except that the Museum shall not be located in the 
Reserve (as defined in section 8902(a) of that title). 
(5) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated such sums as are necessary to carry 
out this subsection. 
(h) CONSIDERATION OF RECOMMENDATIONS OF COMMISSION.— 
In carrying out their duties under this section, the Board of Trustees 
and the Board of Regents shall take into consideration the reports 
and plans submitted by the Commission to Study the Potential 
Creation of a National Museum of the American Latino established 
under section 333 of the Consolidated Natural Resources Act of 
2008 (Public Law 110–229; 122 Stat. 784). 
(i) CONGRESSIONAL
BUDGET
ACT
COMPLIANCE.—Authority 
under this section to enter into contracts or to make payments 
shall be effective in any fiscal year only to the extent provided 
in advance in an appropriations Act. 
(j) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be appropriated 
to the Smithsonian Institution to carry out this section, other 
than subsections (f)(2) and (g)— 
(A) $20,000,000 for fiscal year 2021; and 
(B) such sums as are necessary for each fiscal year 
thereafter. 
(2) AVAILABILITY.—Amounts appropriated pursuant to the 
authorization of appropriations under paragraph (1) shall 
remain available until expended. 
(3) USE
OF
FUNDS
FOR
FUNDRAISING.—Amounts appro-
priated pursuant to the authorization under this subsection 
may be used to conduct fundraising in support of the Museum 
from private sources. 
DIVISION 
U—HOMELAND 
SECURITY 
AND GOVERNMENTAL AFFAIRS PRO-
VISIONS 
TITLE I—AI IN GOVERNMENT ACT OF 
2020 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘AI in Government Act of 2020’’. 
SEC. 102. DEFINITIONS. 
In this Act— 
(1) the term ‘‘Administrator’’ means the Administrator of 
General Services; 
(2) the term ‘‘agency’’ has the meaning given the term 
in section 3502 of title 44, United States Code; 
(3) the term ‘‘AI CoE’’ means the AI Center of Excellence 
described in section 103;
H. R. 133—1106 
(4) the term ‘‘artificial intelligence’’ has the meaning given 
the term in section 238(g) of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 
2358 note); 
(5) the term ‘‘Director’’ means the Director of the Office 
of Management and Budget; 
(6) the term ‘‘institution of higher education’’ has the 
meaning given the term in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001); and 
(7) the term ‘‘nonprofit organization’’ means an organization 
described in section 501(c)(3)of the Internal Revenue Code of 
1986 and exempt from taxation under section 501(a) of that 
Code. 
SEC. 103. AI CENTER OF EXCELLENCE. 
(a) IN GENERAL.—There is created within the General Services 
Administration a program to be known as the ‘‘AI Center of Excel-
lence’’, which shall— 
(1) facilitate the adoption of artificial intelligence tech-
nologies in the Federal Government; 
(2) improve cohesion and competency in the adoption and 
use of artificial intelligence within the Federal Government; 
and 
(3) carry out paragraphs (1) and (2) for the purposes of 
benefitting the public and enhancing the productivity and effi-
ciency of Federal Government operations. 
(b) DUTIES.—The duties of the AI CoE shall include— 
(1) regularly convening individuals from agencies, industry, 
Federal laboratories, nonprofit organizations, institutions of 
higher education, and other entities to discuss recent develop-
ments in artificial intelligence, including the dissemination of 
information regarding programs, pilots, and other initiatives 
at agencies, as well as recent trends and relevant information 
on the understanding, adoption, and use of artificial intel-
ligence; 
(2) collecting, aggregating, and publishing on a publicly 
available website information regarding programs, pilots, and 
other initiatives led by other agencies and any other informa-
tion determined appropriate by the Administrator; 
(3) advising the Administrator, the Director, and agencies 
on the acquisition and use of artificial intelligence through 
technical insight and expertise, as needed; 
(4) assist agencies in applying Federal policies regarding 
the management and use of data in applications of artificial 
intelligence; 
(5) consulting with agencies, including the Department of 
Defense, the Department of Commerce, the Department of 
Energy, the Department of Homeland Security, the Office of 
Management and Budget, the Office of the Director of National 
Intelligence, and the National Science Foundation, that operate 
programs, create standards and guidelines, or otherwise fund 
internal projects or coordinate between the public and private 
sectors relating to artificial intelligence; 
(6) advising the Director on developing policy related to 
the use of artificial intelligence by agencies; and
H. R. 133—1107 
(7) advising the Director of the Office of Science and Tech-
nology Policy on developing policy related to research and 
national investment in artificial intelligence. 
(c) STAFF.— 
(1) IN
GENERAL.—The Administrator shall provide nec-
essary staff, resources, and administrative support for the AI 
CoE. 
(2) SHARED STAFF.—To the maximum extent practicable, 
the Administrator shall meet the requirements described under 
paragraph (1) by using staff of the General Services Administra-
tion, including those from other agency centers of excellence, 
and detailees, on a reimbursable or nonreimbursable basis, 
from other agencies. 
(3) FELLOWS.—The Administrator may, to the maximum 
extent practicable, appoint fellows to participate in the AI CoE 
from nonprofit organizations, think tanks, institutions of higher 
education, and industry. 
(d) SUNSET.—This section shall cease to be effective on the 
date that is 5 years after the date of enactment of this Act. 
SEC. 104. GUIDANCE FOR AGENCY USE OF ARTIFICIAL INTELLIGENCE. 
(a) GUIDANCE.—Not later than 270 days after the date of enact-
ment of this Act, the Director, in coordination with the Director 
of the Office of Science and Technology Policy in consultation with 
the Administrator and any other relevant agencies and key stake-
holders as determined by the Director, shall issue a memorandum 
to the head of each agency that shall— 
(1) inform the development of policies regarding Federal 
acquisition and use by agencies regarding technologies that 
are empowered or enabled by artificial intelligence, including 
an identification of the responsibilities of agency officials man-
aging the use of such technology; 
(2) recommend approaches to remove barriers for use by 
agencies of artificial intelligence technologies in order to pro-
mote the innovative application of those technologies while 
protecting civil liberties, civil rights, and economic and national 
security; 
(3) identify best practices for identifying, assessing, and 
mitigating any discriminatory impact or bias on the basis of 
any classification protected under Federal nondiscrimination 
laws, or any unintended consequence of the use of artificial 
intelligence, including policies to identify data used to train 
artificial intelligence algorithms as well as the data analyzed 
by artificial intelligence used by the agencies; and 
(4) provide a template of the required contents of the agency 
plans described in subsection (c). 
(b) PUBLIC COMMENT.—To help ensure public trust in the 
applications of artificial intelligence technologies, the Director shall 
issue a draft version of the memorandum required under subsection 
(a) for public comment not later than 180 days after date of enact-
ment of this Act. 
(c) PLANS.—Not later than 180 days after the date on which 
the Director issues the memorandum required under subsection 
(a) or an update to the memorandum required under subsection 
(d), the head of each agency shall submit to the Director and 
post on a publicly available page on the website of the agency—
H. R. 133—1108 
(1) a plan to achieve consistency with the memorandum; 
or 
(2) a written determination that the agency does not use 
and does not anticipate using artificial intelligence. 
(d) UPDATES.—Not later than 2 years after the date on which 
the Director issues the memorandum required under subsection 
(a), and every 2 years thereafter for 10 years, the Director shall 
issue updates to the memorandum. 
SEC. 105. UPDATE OF OCCUPATIONAL SERIES FOR ARTIFICIAL INTEL-
LIGENCE. 
(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of this Act, and in accordance with chapter 51 of 
title 5, United States Code, the Director of the Office of Personnel 
Management shall— 
(1) identify key skills and competencies needed for positions 
related to artificial intelligence; 
(2) establish an occupational series, or update and improve 
an existing occupational job series, to include positions the 
primary duties of which relate to artificial intelligence; 
(3) to the extent appropriate, establish an estimate of the 
number of Federal employees in positions related to artificial 
intelligence, by each agency; and 
(4) using the estimate established in paragraph (3), prepare 
a 2-year and 5-year forecast of the number of Federal employees 
in positions related to artificial intelligence that each agency 
will need to employ. 
(b) PLAN.—Not later than 120 days after the date of enactment 
of this Act, the Director of the Office of Personnel Management 
shall submit to the Committee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee on Oversight 
and Reform of the House of Representatives a comprehensive plan 
with a timeline to complete requirements described in subsection 
(a). 
TITLE II—DHS OVERSEAS PERSONNEL 
ENHANCEMENT ACT OF 2019 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘DHS Overseas Personnel 
Enhancement Act of 2019’’. 
SEC. 202. OVERSEAS PERSONNEL BRIEFING. 
(a) IN GENERAL.—Not later than 90 days after submission 
of the comprehensive 3-year strategy required under section 1910 
of the National Defense Authorization Act for Fiscal Year 2017 
(Public Law 114–328) and annually thereafter, the Secretary shall 
brief the Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Security and Govern-
mental Affairs of the Senate regarding Department personnel with 
primary duties that take place outside of the United States. 
(b) REQUIREMENTS.—The briefings required under subsection 
(a) shall include the following: 
(1) A detailed summary of, and deployment schedule for, 
each type of personnel position with primary duties that take
H. R. 133—1109 
place outside of the United States and how each such position 
contributes to the Department’s mission. 
(2) Information related to how the geographic and regional 
placement of such positions contributes to the Department’s 
mission. 
(3) Information related to any risk mitigation plans for 
each geographic and regional placement, including to address 
counter-intelligence risks. 
(4) Information regarding the costs of deploying or 
maintaining personnel at each geographic and regional place-
ment, including information on any cost-sharing agreement 
with foreign partners to cover a portion or all the costs relating 
to such deployment or maintenance. 
(5) Information on guidance and practices to guard against 
counter-espionage and counter-intelligence threats, including 
cyber threats, associated with Department personnel. 
(6) Information regarding trends in foreign efforts to influ-
ence such personnel while deployed overseas to contribute to 
the Department’s mission. 
(7) Information related to the position-specific training 
received by such personnel before and during placement at 
a foreign location. 
(8) Challenges that may impede the communication of 
counterterrorism information between Department personnel 
at foreign locations and Department entities in the United 
States, including technical, resource, and administrative chal-
lenges. 
(9) The status of efforts to implement the strategy referred 
to in subsection (a). 
(10) The status of efforts (beginning with the second 
briefing required under this section) to implement the enhance-
ment plan under section 203. 
SEC. 203. OVERSEAS PERSONNEL ENHANCEMENT PLAN. 
(a) IN GENERAL.—Not later than 90 days after the first briefing 
required under section 202, the Secretary shall submit to the Com-
mittee on Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs 
of the Senate a plan to enhance the effectiveness of Department 
personnel at foreign locations. 
(b) PLAN REQUIREMENTS.—The plan required under subsection 
(a) shall include proposals to— 
(1) improve efforts of Department personnel at foreign loca-
tions, as necessary, for purposes of providing foreign partner 
capacity development and furthering the Department’s mission; 
(2) as appropriate, redeploy Department personnel to 
respond to changing threats to the United States, consistent 
with the limits on the resources of the Department; 
(3) enhance collaboration among Department personnel at 
foreign locations, other Federal personnel at foreign locations, 
and foreign partners; 
(4) improve the communication of information between 
Department personnel at foreign locations and Department 
entities in the United States, including to address technical, 
resource, and administrative challenges; and 
(5) maintain practices to guard against counter-espionage 
threats associated with Department personnel.
H. R. 133—1110 
SEC. 204. TERMINATION. 
The briefing requirement under section 202 shall terminate 
on the date that is 4 years after the submission of the strategy 
referred to in subsection (a) of such section. 
SEC. 205. DEFINITIONS. 
In this Act— 
(1) the term ‘‘Department’’ means the Department of Home-
land Security; and 
(2) the term ‘‘Secretary’’ means the Secretary of Homeland 
Security. 
TITLE III—SYNTHETIC OPIOID EXPO-
SURE PREVENTION AND TRAINING 
ACT 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Synthetic Opioid Exposure 
Prevention and Training Act’’. 
SEC. 302. PROTECTION AGAINST POTENTIAL SYNTHETIC OPIOID EXPO-
SURE WITHIN U.S. CUSTOMS AND BORDER PROTECTION. 
(a) IN GENERAL.—Subtitle B of title IV of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 211 et seq.) is amended by inserting 
after section 415 the following new section: 
‘‘SEC. 416. PROTECTION AGAINST POTENTIAL SYNTHETIC OPIOID 
EXPOSURE. 
‘‘(a) IN GENERAL.—The Commissioner of U.S. Customs and 
Border Protection shall issue a policy that specifies effective proto-
cols and procedures for the safe handling of potential synthetic 
opioids, including fentanyl, by U.S. Customs and Border Protection 
officers, agents, other personnel, and canines, and to reduce the 
risk of injury or death resulting from accidental exposure and 
enhance post-exposure management. 
‘‘(b) TRAINING.— 
‘‘(1) IN GENERAL.—Together with the issuance of the policy 
described in subsection (a), the Commissioner of U.S. Customs 
and Border Protection shall require mandatory and recurrent 
training on the following: 
‘‘(A) The potential risk of opioid exposure and safe 
handling 
procedures 
for 
potential 
synthetic 
opioids, 
including precautionary measures such as the use of per-
sonal protective equipment during such handling. 
‘‘(B) How to access and administer opioid receptor 
antagonists, including naloxone, post-exposure to potential 
synthetic opioids. 
‘‘(2) INTEGRATION.—The training described in paragraph 
(1) may be integrated into existing training under section 411(l) 
for U.S. Customs and Border Protection officers, agents, and 
other personnel. 
‘‘(c) PERSONAL PROTECTIVE EQUIPMENT AND OPIOID RECEPTOR 
ANTAGONISTS.—Together with the issuance of the policy described 
in subsection (a), the Commissioner of U.S. Customs and Border 
Protection shall ensure the availability of personal protective equip-
ment and opioid receptor antagonists, including naloxone, to all
H. R. 133—1111 
U.S. Customs and Border Protection officers, agents, other per-
sonnel, and canines at risk of accidental exposure to synthetic 
opioids. 
‘‘(d) OVERSIGHT.—To ensure effectiveness of the policy described 
in subsection (a)— 
‘‘(1) the Commissioner of U.S. Customs and Border Protec-
tion shall regularly monitor the efficacy of the implementation 
of such policy and adjust protocols and procedures, as necessary; 
and 
‘‘(2) the Inspector General of the Department shall audit 
compliance with the requirements of this section not less than 
once during the 3-year period after the date of the enactment 
of this section.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in section 
1(b) of the Homeland Security Act of 2002 is amended by inserting 
after the item relating to section 415 the following new item: 
‘‘Sec. 416. Protection against potential synthetic opioid exposure.’’. 
TITLE IV—CONSTRUCTION CONSENSUS 
PROCUREMENT IMPROVEMENT ACT 
OF 2020 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Construction Consensus Procure-
ment Improvement Act of 2020’’. 
SEC. 402. PROHIBITION ON USE OF A REVERSE AUCTION FOR THE 
AWARD OF A CONTRACT FOR DESIGN AND CONSTRUC-
TION SERVICES. 
(a) FINDING.—Congress finds that, in contrast to a traditional 
auction in which the buyers bid up the price, sellers bid down 
the price in a reverse auction. 
(b) PROHIBITION.—Not later than 180 days after the date of 
the enactment of this Act, the Federal Acquisition Regulation shall 
be amended to prohibit the use of reverse auctions for awarding 
contracts for design and construction services. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘design and construction services’’ means— 
(A) site planning and landscape design; 
(B) architectural and engineering services (as defined 
in section 1102 of title 40, United States Code); 
(C) interior design; 
(D) performance of substantial construction work for 
facility, infrastructure, and environmental restoration 
projects; 
(E) delivery and supply of construction materials to 
construction sites; or 
(F) construction or substantial alteration of public 
buildings or public works. 
(2) The term ‘‘reverse auction’’ means, with respect to any 
procurement by an executive agency— 
(A) a real-time auction conducted through an electronic 
medium among 2 or more offerors who compete by submit-
ting bids for a supply or service contract, or a delivery
H. R. 133—1112 
order, task order, or purchase order under the contract, 
with the ability to submit revised lower bids at any time 
before the closing of the auction; and 
(B) the award of the contract, delivery order, task 
order, or purchase order to the offeror is solely based on 
the price obtained through the auction process. 
TITLE V—OVERSIGHT.GOV 
SEC. 501. ESTABLISHMENT AND MAINTENANCE OF OVERSIGHT.GOV; 
AUTHORIZATION OF FUNDS. 
(a) IN GENERAL.—Section 11 of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended by adding at the end the following: 
‘‘(e) OVERSIGHT.GOV.— 
‘‘(1) DEFINITION.—In this subsection, the term ‘Office of 
Inspector General’ means the Office of— 
‘‘(A) an Inspector General described in subparagraph 
(A), (B), or (I) of subsection (b)(1); 
‘‘(B) the Special Inspector General for Afghanistan 
Reconstruction established under section 1229 of the 
National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 379); 
‘‘(C) the Special Inspector General for the Troubled 
Asset Relief Plan established under section 121 of title 
I of the Emergency Economic Stabilization Act of 2008 
(12 U.S.C. 5231); and 
‘‘(D) the Special Inspector General for Pandemic 
Recovery established under section 4018 of the CARES 
Act (15 U.S.C. 9053). 
‘‘(2) ESTABLISHMENT.—The Council shall establish and 
maintain a website entitled ‘oversight.gov’— 
‘‘(A) to consolidate all public reports from each Office 
of Inspector General to improve the access of the public 
to any audit report, inspection report, or evaluation report 
(or portion of any such report) made by an Office of 
Inspector General; and 
‘‘(B) that shall include any additional resources, 
information, and enhancements as the Council determines 
are necessary or desirable. 
‘‘(3) PARTICIPATION OF OFFICES OF INSPECTORS GENERAL.— 
Each Office of Inspector General that publishes an audit report, 
inspection report, or evaluation report (or portion of any such 
report) on the website of the Office of Inspector General shall, 
or in the case of the office of an Inspector General described 
in subparagraph (I) of subsection (b)(1) may, contemporaneously 
publish the report or portion thereof on oversight.gov in a 
manner prescribed by the Council.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—For the purposes of 
carrying out the mission of the Council of the Inspectors General 
on Integrity and Efficiency under section 11 of the Inspector General 
Act of 1978 (5 U.S.C. App.), as amended by subsection (a), there 
are authorized to be appropriated into the revolving fund described 
in subsection (c)(3)(B) of such section $3,500,000 for fiscal year 
2021, to remain available until expended, to carry out the duties 
and functions of the Council.
H. R. 133—1113 
(c) EFFECTIVE DATE.—This Act and the amendments made by 
this Act shall take effect on the date that is 30 days after the 
date of receipt by the Council of the Inspectors General on Integrity 
and Efficiency of an appropriation for the implementation of this 
Act. 
TITLE VI—COUNTER THREATS 
ADVISORY BOARD ACT OF 2019 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Counter Threats Advisory Board 
Act of 2019’’. 
SEC. 602. DEPARTMENT OF HOMELAND SECURITY COUNTER THREATS 
ADVISORY BOARD. 
(a) IN GENERAL.—Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.) is amended by inserting after 
section 210E the following: 
‘‘SEC. 210F. DEPARTMENTAL COORDINATION ON COUNTER THREATS. 
‘‘(a) ESTABLISHMENT.—There is authorized in the Department, 
for a period of 2 years beginning after the date of enactment 
of this section, a Counter Threats Advisory Board (in this section 
referred to as the ‘Board’) which shall— 
‘‘(1) be composed of senior representatives of departmental 
operational components and headquarters elements; and 
‘‘(2) coordinate departmental intelligence activities and 
policy and information related to the mission and functions 
of the Department that counter threats. 
‘‘(b) CHARTER.—There shall be a charter to govern the structure 
and mission of the Board, which shall— 
‘‘(1) direct the Board to focus on the current threat environ-
ment and the importance of aligning departmental activities 
to counter threats under the guidance of the Secretary; and 
‘‘(2) be reviewed and updated as appropriate. 
‘‘(c) MEMBERS.— 
‘‘(1) IN GENERAL.—The Board shall be composed of senior 
representatives of departmental operational components and 
headquarters elements. 
‘‘(2) CHAIR.—The Under Secretary for Intelligence and 
Analysis shall serve as the Chair of the Board. 
‘‘(3) MEMBERS.—The Secretary shall appoint additional 
members of the Board from among the following: 
‘‘(A) The Transportation Security Administration. 
‘‘(B) U.S. Customs and Border Protection. 
‘‘(C) U.S. Immigration and Customs Enforcement. 
‘‘(D) The Federal Emergency Management Agency. 
‘‘(E) The Coast Guard. 
‘‘(F) U.S. Citizenship and Immigration Services. 
‘‘(G) The United States Secret Service. 
‘‘(H) The Cybersecurity and Infrastructure Security 
Agency. 
‘‘(I) The Office of Operations Coordination. 
‘‘(J) The Office of the General Counsel. 
‘‘(K) The Office of Intelligence and Analysis. 
‘‘(L) The Office of Strategy, Policy, and Plans.
H. R. 133—1114 
‘‘(M) The Science and Technology Directorate. 
‘‘(N) The Office for State and Local Law Enforcement. 
‘‘(O) The Privacy Office. 
‘‘(P) The Office for Civil Rights and Civil Liberties. 
‘‘(Q) Other departmental offices and programs as deter-
mined appropriate by the Secretary. 
‘‘(d) MEETINGS.—The Board shall— 
‘‘(1) meet on a regular basis to discuss intelligence and 
coordinate ongoing threat mitigation efforts and departmental 
activities, including coordination with other Federal, State, 
local, tribal, territorial, and private sector partners; and 
‘‘(2) make recommendations to the Secretary. 
‘‘(e) TERRORISM ALERTS.—The Board shall advise the Secretary 
on the issuance of terrorism alerts under section 203. 
‘‘(f) PROHIBITION ON ADDITIONAL FUNDS.—No additional funds 
are authorized to carry out this section.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of 
contents in section 1(b) of the Homeland Security Act of 2002 
(Public Law 107–296; 116 Stat. 2135) is amended by inserting 
after the item relating to section 210E the following: 
‘‘Sec. 210F. Departmental coordination on counter threats.’’. 
(c) REPORT.—Not later than 90 days after the date of enactment 
of this Act, the Secretary of Homeland Security, acting through 
the Chair of the Counter Threats Advisory Board established under 
section 210F of the Homeland Security Act of 2002, as added 
by subsection (a), shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee 
on Homeland Security of the House of Representatives a report 
on the status and activities of the Counter Threats Advisory Board. 
(d) NOTICE.—The Secretary of Homeland Security shall provide 
written notification to and brief the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate and the Committee 
on Homeland Security of the House of Representatives on any 
changes to or introductions of new mechanisms to coordinate threats 
across the Department of Homeland Security. 
TITLE 
VII—DHS 
COUNTERING 
UN-
MANNED AIRCRAFT SYSTEMS COOR-
DINATOR ACT 
SEC. 701. DHS COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDI-
NATOR ACT. 
(a) SHORT TITLE.—This title may be cited as the ‘‘DHS Coun-
tering Unmanned Aircraft Systems Coordinator Act’’. 
(b) COUNTERING
UNMANNED
AIRCRAFT
SYSTEMS
COORDI-
NATOR.— 
(1) IN GENERAL.—Title III of the Homeland Security Act 
of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the 
end the following new section: 
‘‘SEC. 321. COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDI-
NATOR. 
‘‘(a) COORDINATOR.—
H. R. 133—1115 
‘‘(1) IN GENERAL.—The Secretary shall designate an indi-
vidual in a Senior Executive Service position (as defined in 
section 3132 of title 5, United States Code) of the Department 
within the Office of Strategy, Policy, and Plans as the Coun-
tering Unmanned Aircraft Systems Coordinator (in this section 
referred to as the ‘Coordinator’) and provide appropriate staff 
to carry out the responsibilities of the Coordinator. 
‘‘(2) RESPONSIBILITIES.—The Coordinator shall— 
‘‘(A) oversee and coordinate with relevant Department 
offices and components, including the Office of Civil Rights 
and Civil Liberties and the Privacy Office, on the develop-
ment of guidance and regulations to counter threats associ-
ated with unmanned aircraft systems (in this section 
referred to as ‘UAS’) as described in section 210G; 
‘‘(B) promote research and development of counter UAS 
technologies in coordination within the Science and Tech-
nology Directorate; 
‘‘(C) coordinate with the relevant components and 
offices of the Department, including the Office of Intel-
ligence and Analysis, to ensure the sharing of information, 
guidance, and intelligence relating to countering UAS 
threats, counter UAS threat assessments, and counter UAS 
technology, including the retention of UAS and counter 
UAS incidents within the Department; 
‘‘(D) serve as the Department liaison, in coordination 
with relevant components and offices of the Department, 
to the Department of Defense, Federal, State, local, and 
Tribal law enforcement entities, and the private sector 
regarding the activities of the Department relating to coun-
tering UAS; 
‘‘(E) maintain the information required under section 
210G(g)(3); and 
‘‘(F) carry out other related counter UAS authorities 
and activities under section 210G, as directed by the Sec-
retary. 
‘‘(b) COORDINATION WITH APPLICABLE FEDERAL LAWS.—The 
Coordinator shall, in addition to other assigned duties, coordinate 
with relevant Department components and offices to ensure testing, 
evaluation, or deployment of a system used to identify, assess, 
or defeat a UAS is carried out in accordance with applicable Federal 
laws. 
‘‘(c) COORDINATION WITH PRIVATE SECTOR.—The Coordinator 
shall, among other assigned duties, working with the Office of 
Partnership and Engagement and other relevant Department offices 
and components, or other Federal agencies, as appropriate, serve 
as the principal Department official responsible for sharing to the 
private sector information regarding counter UAS technology, 
particularly information regarding instances in which counter UAS 
technology may impact lawful private sector services or systems.’’. 
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table 
of contents in section 1(b) of the Homeland Security Act of 
2002 (Public Law 107–296; 116 Stat. 2135) is amended by 
inserting after the item relating to section 320 the following: 
‘‘Sec. 321. Countering Unmanned Aircraft Systems Coordinator.’’.
H. R. 133—1116 
TITLE VIII—WHISTLEBLOWER 
PROTECTION 
SEC. 801. PROTECTION AGAINST REPRISAL FOR FEDERAL SUB-
GRANTEE EMPLOYEES. 
Section 4712 of title 41, United States Code, is amended— 
(1) in subsection (a)(2)(G), by striking ‘‘or grantee’’ and 
inserting ‘‘grantee, or subgrantee’’; 
(2) in subsection (a)(3)(A), by striking ‘‘contractor, subcon-
tractor, or grantee’’ and inserting ‘‘contractor, subcontractor, 
grantee, or subgrantee’’; 
(3) in subsection (b)(1), by striking ‘‘contractor or grantee’’ 
and inserting ‘‘contractor, subcontractor, grantee, or sub-
grantee’’; 
(4) in subsection (c), by striking ‘‘contractor or grantee’’ 
each place it appears and inserting ‘‘contractor, subcontractor, 
grantee, or subgrantee’’; 
(5) in subsection (d), by striking ‘‘and grantees’’ and 
inserting ‘‘grantees, and subgrantees’’; and 
(6) in subsection (f), by striking ‘‘or grantee’’ each place 
it appears and inserting ‘‘grantee, or subgrantee’’. 
TITLE IX—DOTGOV ACT OF 2020 
SEC. 901. SHORT TITLE. 
This title may be cited as the ‘‘DOTGOV Online Trust in 
Government Act of 2020’’ or the ‘‘DOTGOV Act of 2020’’. 
SEC. 902. FINDINGS. 
Congress finds that— 
(1) the .gov internet domain reflects the work of United 
States innovators in inventing the internet and the role that 
the Federal Government played in guiding the development 
and success of the early internet; 
(2) the .gov internet domain is a unique resource of the 
United States that reflects the history of innovation and global 
leadership of the United States; 
(3) when online public services and official communications 
from any level and branch of government use the .gov internet 
domain, they are easily recognized as official and difficult to 
impersonate; 
(4) the citizens of the United States deserve online public 
services that are safe, recognizable, and trustworthy; 
(5) the .gov internet domain should be available at no 
cost or a negligible cost to any Federal, State, local, or territorial 
government-operated or publicly controlled entity, including any 
Tribal government recognized by the Federal Government or 
a State government, for use in their official services, operations, 
and communications; 
(6) the .gov internet domain provides a critical service 
to those Federal, State, local, Tribal, and territorial govern-
ments; and 
(7) the .gov internet domain should be operated trans-
parently and in the spirit of public accessibility, privacy, and 
security.
H. R. 133—1117 
SEC. 903. DEFINITIONS. 
In this Act— 
(1) the term ‘‘Administrator’’ means the Administrator of 
General Services; 
(2) the term ‘‘agency’’ has the meaning given the term 
in section 3502 of title 44, United States Code; 
(3) the term ‘‘Director’’ means the Director of the Cyberse-
curity and Infrastructure Security Agency; 
(4) the term ‘‘online service’’ means any internet-facing 
service, including a website, email, a virtual private network, 
or a custom application; and 
(5) the term ‘‘State’’ means any State of the United States, 
the District of Columbia, the Commonwealth of Puerto Rico, 
the Virgin Islands, Guam, American Samoa, the Commonwealth 
of the Northern Mariana Islands, and any possession of the 
United States. 
SEC. 904. DUTIES OF DEPARTMENT OF HOMELAND SECURITY. 
(a) PURPOSE.—The purpose of the .gov internet domain program 
is to— 
(1) legitimize and enhance public trust in government enti-
ties and their online services; 
(2) facilitate trusted electronic communication and connec-
tions to and from government entities; 
(3) provide simple and secure registration of .gov internet 
domains; 
(4) improve the security of the services hosted within these 
.gov internet domains, and of the .gov namespace in general; 
and 
(5) enable the discoverability of government services to 
the public and to domain registrants. 
(b) DUTIES AND AUTHORITIES RELATING TO THE .GOV INTERNET 
DOMAIN.— 
(1) IN GENERAL.—Subtitle A of title XXII of the Homeland 
Security Act (6 U.S.C. 651 et seq.) is amended— 
(A) in section 2202(c) (6 U.S.C. 652(c))— 
(i) in paragraph (10), by striking ‘‘and’’ at the 
end; 
(ii) by redesignating paragraph (11) as paragraph 
(12); and 
(iii) by inserting after paragraph (10) the following: 
‘‘(11) carry out the duties and authorities relating to the 
.gov internet domain, as described in section 2215; and’’; and 
(B) by adding at the end the following: 
‘‘SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET 
DOMAIN. 
‘‘(a) DEFINITION.—In this section, the term ‘agency’ has the 
meaning given the term in section 3502 of title 44, United States 
Code. 
‘‘(b) AVAILABILITY OF .GOV INTERNET DOMAIN.—The Director 
shall make .gov internet domain name registration services, as 
well as any supporting services described in subsection (e), generally 
available— 
‘‘(1) to any Federal, State, local, or territorial government 
entity, or other publicly controlled entity, including any Tribal 
government recognized by the Federal Government or a State
H. R. 133—1118 
government, that complies with the requirements for registra-
tion developed by the Director as described in subsection (c); 
‘‘(2) without conditioning registration on the sharing of 
any information with the Director or any other Federal entity, 
other than the information required to meet the requirements 
described in subsection (c); and 
‘‘(3) without conditioning registration on participation in 
any separate service offered by the Director or any other Fed-
eral entity. 
‘‘(c) REQUIREMENTS.—The Director, with the approval of the 
Director of the Office of Management and Budget for agency .gov 
internet domain requirements and in consultation with the Director 
of the Office of Management and Budget for .gov internet domain 
requirements for entities that are not agencies, shall establish 
and publish on a publicly available website requirements for the 
registration and operation of .gov internet domains sufficient to— 
‘‘(1) minimize the risk of .gov internet domains whose 
names could mislead or confuse users; 
‘‘(2) establish that .gov internet domains may not be used 
for commercial or political campaign purposes; 
‘‘(3) ensure that domains are registered and maintained 
only by authorized individuals; and 
‘‘(4) limit the sharing or use of any information obtained 
through the administration of the .gov internet domain with 
any other Department component or any other agency for any 
purpose other than the administration of the .gov internet 
domain, the services described in subsection (e), and the 
requirements for establishing a .gov inventory described in 
subsection (h). 
‘‘(d) EXECUTIVE BRANCH.— 
‘‘(1) IN GENERAL.—The Director of the Office of Manage-
ment and Budget shall establish applicable processes and guide-
lines for the registration and acceptable use of .gov internet 
domains by agencies. 
‘‘(2) APPROVAL REQUIRED.—The Director shall obtain the 
approval of the Director of the Office of Management and 
Budget before registering a .gov internet domain name for 
an agency. 
‘‘(3) COMPLIANCE.—Each agency shall ensure that any 
website or digital service of the agency that uses a .gov internet 
domain is in compliance with the 21st Century IDEA Act (44 
U.S.C. 3501 note) and implementation guidance issued pursu-
ant to that Act. 
‘‘(e) SUPPORTING SERVICES.— 
‘‘(1) IN GENERAL.—The Director may provide services to 
the entities described in subsection (b)(1) specifically intended 
to support the security, privacy, reliability, accessibility, and 
speed of registered .gov internet domains. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) 
shall be construed to— 
‘‘(A) limit other authorities of the Director to provide 
services or technical assistance to an entity described in 
subsection (b)(1); or 
‘‘(B) establish new authority for services other than 
those the purpose of which expressly supports the operation 
of .gov internet domains and the needs of .gov internet 
domain registrants.
H. R. 133—1119 
‘‘(f) FEES.— 
‘‘(1) IN GENERAL.—The Director may provide any service 
relating to the availability of the .gov internet domain program, 
including .gov internet domain name registration services 
described in subsection (b) and supporting services described 
in subsection (e), to entities described in subsection (b)(1) with 
or without reimbursement, including variable pricing. 
‘‘(2) LIMITATION.—The total fees collected for new .gov inter-
net domain registrants or annual renewals of .gov internet 
domains shall not exceed the direct operational expenses of 
improving, maintaining, and operating the .gov internet 
domain, .gov internet domain services, and .gov internet domain 
supporting services. 
‘‘(g) CONSULTATION.—The Director shall consult with the 
Director of the Office of Management and Budget, the Administrator 
of General Services, other civilian Federal agencies as appropriate, 
and entities representing State, local, Tribal, or territorial govern-
ments in developing the strategic direction of the .gov internet 
domain and in establishing requirements under subsection (c), in 
particular on matters of privacy, accessibility, transparency, and 
technology modernization. 
‘‘(h) .GOV INVENTORY.— 
‘‘(1) IN
GENERAL.—The Director shall, on a continuous 
basis— 
‘‘(A) inventory all hostnames and services in active 
use within the .gov internet domain; and 
‘‘(B) provide the data described in subparagraph (A) 
to domain registrants at no cost. 
‘‘(2) REQUIREMENTS.—In carrying out paragraph (1)— 
‘‘(A) data may be collected through analysis of public 
and non-public sources, including commercial data sets; 
‘‘(B) the Director shall share with Federal and non- 
Federal domain registrants all unique hostnames and serv-
ices discovered within the zone of their registered domain; 
‘‘(C) the Director shall share any data or information 
collected or used in the management of the .gov internet 
domain name registration services relating to Federal 
executive branch registrants with the Director of the Office 
of Management and Budget for the purpose of fulfilling 
the duties of the Director of the Office of Management 
and Budget under section 3553 of title 44, United States 
Code; 
‘‘(D) the Director shall publish on a publicly available 
website discovered hostnames that describe publicly acces-
sible agency websites, to the extent consistent with the 
security of Federal information systems but with the 
presumption of disclosure; 
‘‘(E) the Director may publish on a publicly available 
website any analysis conducted and data collected relating 
to compliance with Federal mandates and industry best 
practices, to the extent consistent with the security of 
Federal information systems but with the presumption of 
disclosure; and 
‘‘(F) the Director shall— 
‘‘(i) collect information on the use of non-.gov inter-
net domain suffixes by agencies for their official online 
services;
H. R. 133—1120 
‘‘(ii) collect information on the use of non-.gov inter-
net domain suffixes by State, local, Tribal, and terri-
torial governments; and 
‘‘(iii) publish the information collected under clause 
(i) on a publicly available website to the extent con-
sistent with the security of the Federal information 
systems, but with the presumption of disclosure. 
‘‘(3) NATIONAL SECURITY COORDINATION.— 
‘‘(A) IN GENERAL.—In carrying out this subsection, the 
Director shall inventory, collect, and publish hostnames 
and services in a manner consistent with the protection 
of national security information. 
‘‘(B) LIMITATION.—The Director may not inventory, col-
lect, or publish hostnames or services under this subsection 
if the Director, in coordination with other heads of agencies, 
as appropriate, determines that the collection or publication 
would— 
‘‘(i) disrupt a law enforcement investigation; 
‘‘(ii) endanger national security or intelligence 
activities; 
‘‘(iii) impede national defense activities or military 
operations; or 
‘‘(iv) hamper security remediation actions. 
‘‘(4) STRATEGY.—Not later than 180 days after the date 
of enactment of this section, the Director shall develop and 
submit to the Committee on Homeland Security and Govern-
mental Affairs and the Committee on Rules and Administration 
of the Senate and the Committee on Homeland Security, the 
Committee on Oversight and Reform, and the Committee on 
House Administration of the House of Representatives a 
strategy to utilize the information collected under this sub-
section for countering malicious cyber activity.’’. 
(2) ADDITIONAL DUTIES.— 
(A) OUTREACH STRATEGY.—Not later than 1 year after 
the date of enactment of this Act, the Director, in consulta-
tion with the Administrator and entities representing State, 
local, Tribal, or territorial governments, shall develop and 
submit to the Committee on Homeland Security and 
Governmental Affairs and the Committee on Rules and 
Administration of the Senate and the Committee on Home-
land Security, the Committee on Oversight and Reform, 
and the Committee on House Administration of the House 
of Representatives an outreach strategy to local, Tribal, 
and territorial governments and other publicly controlled 
entities as determined by the Director to inform and sup-
port migration to the .gov internet domain, which shall 
include— 
(i) stakeholder engagement plans; and 
(ii) information on how migrating information tech-
nology systems to the .gov internet domain is beneficial 
to that entity, including benefits relating to cybersecu-
rity and the supporting services offered by the Federal 
Government. 
(B) REFERENCE GUIDE.—Not later than 1 year after 
the date of enactment of this Act, the Director, in consulta-
tion with the Administrator and entities representing State, 
local, Tribal, or territorial governments, shall develop and
H. R. 133—1121 
publish on a publicly available website a reference guide 
for migrating online services to the .gov internet domain, 
which shall include— 
(i) process and technical information on how to 
carry out a migration of common categories of online 
services, such as web and email services; 
(ii) best practices for cybersecurity pertaining to 
registration and operation of a .gov internet domain; 
and 
(iii) references to contract vehicles and other pri-
vate sector resources vetted by the Director that may 
assist in performing the migration. 
(C) SECURITY ENHANCEMENT PLAN.—Not later than 1 
year after the date of enactment of this Act, the Director 
shall develop and submit to the Committee on Homeland 
Security and Governmental Affairs and the Committee on 
Rules and Administration of the Senate and the Committee 
on Homeland Security, the Committee on Oversight and 
Reform, and the Committee on House Administration of 
the House of Representatives a .gov internet domain secu-
rity enhancement strategy and implementation plan on 
how to improve the cybersecurity benefits of the .gov inter-
net domain during the 5-year period following the date 
of enactment of this Act, which shall include— 
(i) a modernization plan for the information sys-
tems that support operation of the .gov top-level inter-
net domain, such as the registrar portal, and how 
these information systems will remain current with 
evolving security trends; 
(ii) a modernization plan for the structure of the 
.gov program and any supporting contracts, and how 
the program and contracts can remain flexible over 
time so as to take advantage of emerging technology 
and cybersecurity developments; and 
(iii) an outline of specific security enhancements 
the .gov program intends to provide to users during 
that 5-year period. 
(3) TECHNICAL AND CONFORMING AMENDMENT.—The table 
of contents in section 1(b) of the Homeland Security Act of 
2002 (Public Law 107–196; 116 Stat. 2135) is amended by 
inserting after the item relating to section 2214 the following: 
‘‘Sec. 2215. Duties and authorities relating to .gov internet domain.’’. 
(c) HOMELAND SECURITY GRANTS.—Section 2008(a) of the Home-
land Security Act of 2002 (6 U.S.C. 609(a)) is amended— 
(1) in paragraph (13), by striking ‘‘and’’ at the end; 
(2) by redesignating paragraph (14) as paragraph (15); 
and 
(3) by inserting after paragraph (13) the following: 
‘‘(14) migrating any online service (as defined in section 
3 of the DOTGOV Online Trust in Government Act of 2020) 
to the .gov internet domain; and’’. 
SEC. 905. REPORT. 
Not later than 1 year after the date of enactment of this 
Act, and every 2 years thereafter for 4 years, the Director shall 
submit a report to or conduct a detailed briefing for the Committee
H. R. 133—1125 
(4) NOTIFICATION OF REAL ID ACT OF 2005 REQUIREMENTS.— 
The REAL ID Act of 2005 (division B of Public Law 109– 
13; 49 U.S.C. 30301 note) is amended by adding at the end 
the following: 
‘‘SEC. 208. NOTIFICATION OF REQUIREMENTS AND DEADLINES. 
‘‘During the 15-month period beginning 90 days before the 
date on which Federal agencies will no longer accept, for official 
purposes, driver’s licenses and identification cards that do not 
comply with the requirements under section 202, aircraft operators 
and third party reservation entities shall notify passengers about 
the requirements and enforcement deadlines under this Act.’’. 
(c) IMMEDIATE
BURDEN
REDUCTION
MEASURES.—Notwith-
standing any other provision of law (including regulations), begin-
ning on the date of the enactment of this Act, a State does not 
need to require an applicant for a driver’s license or identification 
card to provide separate documentation of the applicant’s Social 
Security account number in order to comply with the requirements 
of the REAL ID Act of 2005 (division B of Public Law 109–13; 
49 U.S.C. 30301 note). 
TITLE XI—SOUTHWEST BORDER SECU-
RITY 
TECHNOLOGY 
IMPROVEMENT 
ACT OF 2020 
SEC. 1101. SHORT TITLE. 
This title may be cited as the ‘‘Southwest Border Security 
Technology Improvement Act of 2020’’. 
SEC. 1102. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on Homeland Security and Govern-
mental Affairs of the Senate; and 
(B) the Committee on Homeland Security of the House 
of Representatives. 
(2) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of Homeland Security. 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Homeland Security. 
(4) SOUTHWEST
BORDER.—The term ‘‘Southwest border’’ 
means the international land border between the United States 
and Mexico, including the ports of entry along such border. 
SEC. 1103. SOUTHERN BORDER TECHNOLOGY NEEDS ANALYSIS AND 
UPDATES. 
(a) TECHNOLOGY NEEDS ANALYSIS.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary shall submit, 
to the appropriate congressional committees, a technology needs 
analysis for border security technology along the Southwest border. 
(b) CONTENTS.—The analysis required under subsection (a) 
shall include an assessment of— 
(1) the technology needs and gaps along the Southwest 
border—
H. R. 133—1126 
(A) to prevent terrorists and instruments of terror from 
entering the United States; 
(B) to combat and reduce cross-border criminal activity, 
including, but not limited to— 
(i) the transport of illegal goods, such as illicit 
drugs; and 
(ii) human smuggling and human trafficking; and 
(C) to facilitate the flow of legal trade across the South-
west border; 
(2) recent technological advancements in— 
(A) manned aircraft sensor, communication, and 
common operating picture technology; 
(B) unmanned aerial systems and related technology, 
including counter-unmanned aerial system technology; 
(C) surveillance technology, including— 
(i) mobile surveillance vehicles; 
(ii) associated electronics, including cameras, 
sensor technology, and radar; 
(iii) tower-based surveillance technology; 
(iv) advanced unattended surveillance sensors; and 
(v) deployable, lighter-than-air, ground surveil-
lance equipment; 
(D) nonintrusive inspection technology, including non- 
X-ray devices utilizing muon tomography and other 
advanced detection technology; 
(E) tunnel detection technology; and 
(F) communications equipment, including— 
(i) radios; 
(ii) long-term evolution broadband; and 
(iii) miniature satellites; 
(3) any other technological advancements that the Sec-
retary determines to be critical to the Department’s mission 
along the Southwest border; 
(4) whether the use of the technological advances described 
in paragraphs (2) and (3) will— 
(A) improve border security; 
(B) improve the capability of the Department to accom-
plish its mission along the Southwest border; 
(C) reduce technology gaps along the Southwest border; 
and 
(D) enhance the safety of any officer or agent of the 
Department or any other Federal agency; 
(5) the Department’s ongoing border security technology 
development efforts, including efforts by— 
(A) U.S. Customs and Border Protection; 
(B) the Science and Technology Directorate; and 
(C) the technology assessment office of any other oper-
ational component; 
(6) the technology needs for improving border security, 
such as— 
(A) information technology or other computer or com-
puting systems data capture; 
(B) biometrics; 
(C) cloud storage; and 
(D) intelligence data sharing capabilities among agen-
cies within the Department;
H. R. 133—1127 
(7) any other technological needs or factors, including 
border security infrastructure, such as physical barriers or dual- 
purpose infrastructure, that the Secretary determines should 
be considered; and 
(8) currently deployed technology or new technology that 
would improve the Department’s ability— 
(A) to reasonably achieve operational control and situa-
tional awareness along the Southwest border; and 
(B) to collect metrics for securing the border at and 
between ports of entry, as required under subsections (b) 
and (c) of section 1092 of division A of the National Defense 
Authorization Act for Fiscal Year 2017 (6 U.S.C. 223). 
(c) UPDATES.— 
(1) IN GENERAL.—Not later than 2 years after the submis-
sion of the analysis required under subsection (a), and bian-
nually thereafter for the following 4 years, the Secretary shall 
submit an update to such analysis to the appropriate congres-
sional committees. 
(2) CONTENTS.—Each update required under paragraph (1) 
shall include a plan for utilizing the resources of the Depart-
ment to meet the border security technology needs and gaps 
identified pursuant to subsection (b), including developing or 
acquiring technologies not currently in use by the Department 
that would allow the Department to bridge existing border 
technology gaps along the Southwest border. 
(d) ITEMS TO BE CONSIDERED.—In compiling the technology 
needs analysis and updates required under this section, the Sec-
retary shall consider and examine— 
(1) technology that is deployed and is sufficient for the 
Department’s use along the Southwest border; 
(2) technology that is deployed, but is insufficient for the 
Department’s use along the Southwest border; and 
(3) technology that is not deployed, but is necessary for 
the Department’s use along the Southwest border; 
(4) current formal departmental requirements documenta-
tion examining current border security threats and challenges 
faced by any component of the Department; 
(5) trends and forecasts regarding migration across the 
Southwest border; 
(6) the impact on projected staffing and deployment needs 
for the Department, including staffing needs that may be ful-
filled through the use of technology; 
(7) the needs and challenges faced by employees of the 
Department who are deployed along the Southwest border; 
(8) the need to improve cooperation among Federal, State, 
tribal, local, and Mexican law enforcement entities to enhance 
security along the Southwest border; 
(9) the privacy implications of existing technology and the 
acquisition and deployment of new technologies and supporting 
infrastructure, with an emphasis on how privacy risks might 
be mitigated through the use of technology, training, and policy; 
(10) the impact of any ongoing public health emergency 
that impacts Department operations along the Southwest 
border; and 
(11) the ability of, and the needs for, the Department 
to assist with search and rescue efforts for individuals or groups 
that may be in physical danger or in need of medical assistance.
H. R. 133—1128 
(e) CLASSIFIED FORM.—To the extent possible, the Secretary 
shall submit the technology needs analysis and updates required 
under this section in unclassified form, but may submit such docu-
ments, or portions of such documents, in classified form if the 
Secretary determines that such action is appropriate. 
DIVISION 
V—AIRCRAFT 
CERTIFI-
CATION, 
SAFETY, 
AND 
ACCOUNT-
ABILITY 
TITLE I—AIRCRAFT CERTIFICATION, 
SAFETY, AND ACCOUNTABILITY 
SEC. 101. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This title may be cited as the ‘‘Aircraft 
Certification, Safety, and Accountability Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for this title 
is as follows: 
TITLE I—AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY 
Sec. 101. Short title; table of contents. 
Sec. 102. Safety management systems. 
Sec. 103. Expert review of organization designation authorizations for transport 
airplanes. 
Sec. 104. Certification oversight staff. 
Sec. 105. Disclosure of safety critical information. 
Sec. 106. Limitation on delegation. 
Sec. 107. Oversight of organization designation authorization unit members. 
Sec. 108. Integrated project teams. 
Sec. 109. Oversight integrity briefing. 
Sec. 110. Appeals of certification decisions. 
Sec. 111. Employment restrictions. 
Sec. 112. Professional development, skills enhancement, continuing education and 
training. 
Sec. 113. Voluntary safety reporting program. 
Sec. 114. Compensation limitation. 
Sec. 115. System safety assessments and other requirements. 
Sec. 116. Flight crew alerting. 
Sec. 117. Changed product rule. 
Sec. 118. Whistleblower protections. 
Sec. 119. Domestic and international pilot training. 
Sec. 120. Nonconformity with approved type design. 
Sec. 121. Implementation of recommendations. 
Sec. 122. Oversight of FAA compliance program. 
Sec. 123. Settlement agreement. 
Sec. 124. Human factors education program. 
Sec. 125. Best practices for organization designation authorizations. 
Sec. 126. Human factors research. 
Sec. 127. FAA Center of Excellence for automated systems and human factors in 
aircraft. 
Sec. 128. Pilot operational evaluations. 
Sec. 129. Ensuring appropriate responsibility of aircraft certification and flight 
standards performance objectives and metrics. 
Sec. 130. Transport airplane risk assessment methodology. 
Sec. 131. National air grant fellowship program. 
Sec. 132. Emerging safety trends in aviation. 
Sec. 133. FAA accountability enhancement. 
Sec. 134. Authorization of appropriations for the advanced materials center of ex-
cellence. 
Sec. 135. Promoting Aviation Regulations for Technical Training. 
Sec. 136. Independent study on type certification reform. 
Sec. 137. Definitions. 
SEC. 102. SAFETY MANAGEMENT SYSTEMS. 
(a) RULEMAKING PROCEEDING.—
H. R. 133—1129 
(1) IN GENERAL.—Not later than 30 days after the date 
of enactment of this title, the Administrator shall initiate a 
rulemaking proceeding to require that manufacturers that hold 
both a type certificate and a production certificate issued pursu-
ant to section 44704 of title 49, United States Code, where 
the United States is the State of Design and State of Manufac-
ture, have in place a safety management system that is con-
sistent with the standards and recommended practices estab-
lished by ICAO and contained in annex 19 to the Convention 
on International Civil Aviation (61 Stat. 1180), for such sys-
tems. 
(2) CONTENTS
OF
REGULATIONS.—The regulations issued 
under paragraph (1) shall, at a minimum— 
(A) ensure safety management systems are consistent 
with, and complementary to, existing safety management 
systems; 
(B) include provisions that would permit operational 
feedback from operators and pilots qualified on the manu-
facturers’ equipment to ensure that the operational 
assumptions made during design and certification remain 
valid; 
(C) include provisions for the Administrator’s approval 
of, and regular oversight of adherence to, a certificate 
holder’s safety management system adopted pursuant to 
such regulations; and 
(D) require such certificate holder to adopt, not later 
than 4 years after the date of enactment of this title, 
a safety management system. 
(b) FINAL RULE DEADLINE.—Not later than 24 months after 
initiating the rulemaking under subsection (a), the Administrator 
shall issue a final rule. 
(c) SURVEILLANCE AND AUDIT REQUIREMENT.—The final rule 
issued pursuant to subsection (b) shall include a requirement for 
the Administrator to implement a systems approach to risk-based 
surveillance by defining and planning inspections, audits, and moni-
toring activities on a continuous basis, to ensure that design and 
production approval holders of aviation products meet and continue 
to meet safety management system requirements under the rule. 
(d) ENGAGEMENT WITH ICAO.—The Administrator shall engage 
with ICAO and foreign civil aviation authorities to help encourage 
the adoption of safety management systems for manufacturers on 
a global basis, consistent with ICAO standards. 
(e) SAFETY REPORTING PROGRAM.—The regulations issued under 
subsection (a) shall require a safety management system to include 
a confidential employee reporting system through which employees 
can report hazards, issues, concerns, occurrences, and incidents. 
A reporting system under this subsection shall include provisions 
for reporting, without concern for reprisal for reporting, of such 
items by employees in a manner consistent with confidential 
employee reporting systems administered by the Administrator. 
Such regulations shall also require a certificate holder described 
in subsection (a) to submit a summary of reports received under 
this subsection to the Administrator at least twice per year. 
(f) CODE OF ETHICS.—The regulations issued under subsection 
(a) shall require a safety management system to include establish-
ment of a code of ethics applicable to all appropriate employees 
of a certificate holder, including officers (as determined by the
H. R. 133—1130 
FAA), which clarifies that safety is the organization’s highest pri-
ority. 
(g) PROTECTION OF SAFETY INFORMATION.—Section 44735(a) of 
title 49, United States Code, is amended— 
(1) by striking ‘‘title 5 if the report’’ and inserting the 
following: ‘‘title 5— 
‘‘(1) if the report’’; 
(2) by striking the period at the end and inserting ‘‘; or’’; 
and 
(3) by adding at the end the following: 
‘‘(2) if the report, data, or other information is submitted 
to the Federal Aviation Administration pursuant to section 
102(e) of the Aircraft Certification, Safety, and Accountability 
Act.’’. 
SEC. 
103. 
EXPERT 
REVIEW 
OF 
ORGANIZATION 
DESIGNATION 
AUTHORIZATIONS FOR TRANSPORT AIRPLANES. 
(a) EXPERT REVIEW.— 
(1) ESTABLISHMENT.—Not later than 30 days after the date 
of enactment of this title, the Administrator shall convene 
an expert panel (in this section referred to as the ‘‘review 
panel’’) to review and make findings and recommendations 
on the matters listed in paragraph (2). 
(2) CONTENTS OF REVIEW.—With respect to each holder 
of an organization designation authorization for the design 
and production of transport airplanes, the review panel shall 
review the following: 
(A) The extent to which the holder’s safety manage-
ment processes promote or foster a safety culture consistent 
with the principles of the International Civil Aviation 
Organization Safety Management Manual, Fourth Edition 
(International Civil Aviation Organization Doc. No. 9859) 
or any similar successor document. 
(B) The effectiveness of measures instituted by the 
holder to instill, among employees and contractors of such 
holder that support organization designation authorization 
functions, a commitment to safety above all other priorities. 
(C) The holder’s capability, based on the holder’s 
organizational structures, requirements applicable to offi-
cers and employees of such holder, and safety culture, 
of making reasonable and appropriate decisions regarding 
functions delegated to the holder pursuant to the organiza-
tion designation authorization. 
(D) Any other matter determined by the Administrator 
for which inclusion in the review would be consistent with 
the public interest in aviation safety. 
(3) COMPOSITION OF REVIEW PANEL.—The review panel shall 
consist of— 
(A) 2 representatives of the National Aeronautics and 
Space Administration; 
(B) 2 employees of the Administration’s Aircraft Certifi-
cation Service with experience conducting oversight of per-
sons not involved in the design or production of transport 
airplanes;
H. R. 133—1131 
(C) 1 employee of the Administration’s Aircraft Certifi-
cation Service with experience conducting oversight of per-
sons involved in the design or production of transport air-
planes; 
(D) 2 employees of the Administration’s Flight Stand-
ards Service with experience in oversight of safety manage-
ment systems; 
(E) 1 appropriately qualified representative, designated 
by the applicable represented organization, of each of— 
(i) a labor union representing airline pilots 
involved in both passenger and all-cargo operations; 
(ii) a labor union, not selected under clause (i), 
representing airline pilots with expertise in the matters 
described in paragraph (2); 
(iii) a labor union representing employees engaged 
in the assembly of transport airplanes; 
(iv) the certified bargaining representative under 
section 7111 of title 5, United States Code, for field 
engineers engaged in the audit or oversight of an 
organization designation authorization within the Air-
craft Certification Service of the Administration; 
(v) the certified bargaining representative for 
safety inspectors of the Administration; and 
(vi) a labor union representing employees engaged 
in the design of transport airplanes; 
(F) 2 independent experts who have not served as 
a political appointee in the Administration and— 
(i) who hold either a baccalaureate or postgraduate 
degree in the field of aerospace engineering or a related 
discipline; and 
(ii) who have a minimum of 20 years of relevant 
applied experience; 
(G) 4 air carrier employees whose job responsibilities 
include administration of a safety management system; 
(H) 4 individuals representing 4 different holders of 
organization designation authorizations, with preference 
given to individuals representing holders of organization 
designation authorizations for the design or production of 
aircraft other than transport airplanes or for the design 
or production of aircraft engines, propellers, or appliances; 
and 
(I) 1 individual holding a law degree and who has 
expertise in the legal duties of a holder of an organization 
designation authorization and the interaction with the 
FAA, except that such individual may not, within the 10- 
year period preceding the individual’s appointment, have 
been employed by, or provided legal services to, the holder 
of an organization designation authorization referenced in 
paragraph (2). 
(4) RECOMMENDATIONS.—The review panel shall make rec-
ommendations to the Administrator regarding suggested 
actions to address any deficiencies found after review of the 
matters listed in paragraph (2). 
(5) REPORT.— 
(A) SUBMISSION.—Not later than 270 days after the 
date of the first meeting of the review panel, the review
H. R. 133—1132 
panel shall transmit to the Administrator and the congres-
sional committees of jurisdiction a report containing the 
findings and recommendations of the review panel 
regarding the matters listed in paragraph (2), except that 
such report shall include— 
(i) only such findings endorsed by 10 or more indi-
vidual members of the review panel; and 
(ii) only such recommendations described in para-
graph (4) endorsed by 18 or more of the individual 
members of the review panel. 
(B) DISSENTING
VIEWS.—In submitting the report 
required under this paragraph, the review panel shall 
append to such report the dissenting views of any indi-
vidual member or group of members of the review panel 
regarding the findings or recommendations of the review 
panel. 
(C) PUBLICATION.—Not later than 5 days after 
receiving the report under subparagraph (A), the Adminis-
trator shall publish such report, including any dissenting 
views appended to the report, on the website of the 
Administration. 
(D) TERMINATION.—The review panel shall terminate 
upon submission of the report under subparagraph (A). 
(6) ADMINISTRATIVE PROVISIONS.— 
(A) ACCESS TO INFORMATION.—The review panel shall 
have authority to perform the following actions if a majority 
of the total number of review panel members consider 
each action necessary and appropriate: 
(i) Entering onto the premises of a holder of an 
organization designation authorization referenced in 
paragraph (2) for access to and inspection of records 
or other purposes. 
(ii) Notwithstanding any other provision of law, 
accessing and inspecting unredacted records directly 
necessary for the completion of the panel’s work under 
this section that are in the possession of such holder 
of an organization designation authorization or the 
Administration. 
(iii) Interviewing employees of such holder of an 
organization designation authorization or the Adminis-
tration as necessary for the panel to complete its work. 
(B) DISCLOSURE OF FINANCIAL INTERESTS.—Each indi-
vidual serving on the review panel shall disclose to the 
Administrator any financial interest held by such indi-
vidual, or a spouse or dependent of such individual, in 
a business enterprise engaged in the design or production 
of transport airplanes, aircraft engines designed for trans-
port airplanes, or major systems, components, or parts 
thereof. 
(C) PROTECTION OF PROPRIETARY INFORMATION; TRADE 
SECRETS.— 
(i) MARKING.—The custodian of a record accessed 
under subparagraph (A) may mark such record as 
proprietary or containing a trade secret. A marking 
under this subparagraph shall not be dispositive with 
respect to whether such record contains any informa-
tion subject to legal protections from public disclosure.
H. R. 133—1133 
(ii) NONDISCLOSURE
FOR
NON-FEDERAL
GOVERN-
MENT PARTICIPANTS.— 
(I) 
NON-FEDERAL
GOVERNMENT
PARTICI-
PANTS.—Prior to participating on the review panel, 
each individual serving on the review panel rep-
resenting a non-Federal entity, including a labor 
union, shall execute an agreement with the 
Administrator in which the individual shall be 
prohibited from disclosing at any time, except as 
required by law, to any person, foreign or domestic, 
any non-public information made accessible to the 
panel under subparagraph (A). 
(II) FEDERAL EMPLOYEE PARTICIPANTS.—Fed-
eral employees serving on the review panel as 
representatives of the Federal Government and 
who are required to protect proprietary informa-
tion and trade secrets under section 1905 of title 
18, United States Code, shall not be required to 
execute agreements under this subparagraph. 
(iii) PROTECTION
OF
VOLUNTARILY
SUBMITTED 
SAFETY INFORMATION.—Information subject to protec-
tion from disclosure by the Administration in accord-
ance with sections 40123 and 44735 of title 49, United 
States Code, is deemed voluntarily submitted to the 
Administration under such sections when shared with 
the review panel and retains its protection from disclo-
sure (including protection under section 552(b)(3) of 
title 5, United States Code). The custodian of a record 
subject to such protection may mark such record as 
subject to statutory protections. A marking under this 
subparagraph shall not be dispositive with respect to 
whether such record contains any information subject 
to legal protections from public disclosure. Members 
of the review panel will protect voluntarily submitted 
safety 
information 
and 
other 
otherwise 
exempt 
information to the extent permitted under applicable 
law. 
(iv) PROTECTION OF PROPRIETARY INFORMATION AND 
TRADE
SECRETS.—Members of the review panel will 
protect proprietary information, trade secrets, and 
other otherwise exempt information to the extent per-
mitted under applicable law. 
(v) RESOLVING CLASSIFICATION OF INFORMATION.— 
If the review panel and a holder of an organization 
designation authorization subject to review under this 
section disagree as to the proper classification of 
information described in this subparagraph, then an 
employee of the Administration who is not a political 
appointee shall determine the proper classification of 
such information and whether such information will 
be withheld, in part or in full, from release to the 
public. 
(D) APPLICABLE LAW.—Public Law 92–463 shall not 
apply to the panel established under this subsection. 
(E) FINANCIAL INTEREST DEFINED.—In this paragraph, 
the term ‘‘financial interest’’— 
(i) excludes securities held in an index fund; and