2686 
to the applicable proposal described in para-
graph (3)(C)(iii)(I). 
(3) PETITION.— 
(A) IN GENERAL.—A person may petition 
the Administrator to promulgate regulations for 
an accelerated schedule for the phase-down of 
production or consumption of regulated sub-
stances under paragraph (1). 
(B) REQUIREMENT.—A petition submitted 
under subparagraph (A) shall— 
(i) be made at such time, in such man-
ner, and containing such information as the 
Administrator shall require; and 
(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 peti-
tion available to the public; and 
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(bb) when making the peti-
tion 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 subpara-
graph (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, af-
fordability for residential and small 
business consumers, safety, consumer 
costs, building codes, appliance effi-
ciency standards, contractor training 
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costs, and other relevant factors, in-
cluding the quantities of regulated sub-
stances 
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 comment with respect to the proposal 
under clause (i)(I)(bb), if the Administrator 
makes a final determination to grant a pe-
tition 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). 
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(D) PUBLICATION.—When the Adminis-
trator makes a final determination to grant or 
deny a petition under subparagraph (A), the Ad-
ministrator shall publish a description of the 
reasons for that grant or denial, including a de-
scription of the information considered under 
subclauses (I) through (IV) of subparagraph 
(C)(ii). 
(E) INSUFFICIENT
INFORMATION.—If the 
Administrator determines that the data included 
under subparagraph (B)(ii) in a petition are not 
sufficient to make a determination under this 
paragraph, the Administrator shall use any au-
thority available to the Administrator to acquire 
the necessary data. 
(4) DATE
OF
EFFECTIVENESS.—The Adminis-
trator may not promulgate under paragraph (1) a 
regulation for the production or consumption of regu-
lated substances that is more stringent than the pro-
duction 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 regu-
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lated substances subject to an accelerated sched-
ule established under paragraph (1) in each sec-
tor and subsector in which the regulated sub-
stance is used, taking into account technological 
achievability, commercial demands, safety, and 
other relevant factors, including the quantities of 
regulated substances 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 Adminis-
trator shall make the results of a review con-
ducted under subparagraph (A) publicly avail-
able. 
(6) SAVINGS PROVISION.—Nothing in this sub-
section authorizes the Administrator to promulgate 
regulations pursuant to this subsection that establish 
a schedule for phasing down the production or con-
sumption of regulated substances that is less stringent 
than the production and consumption levels of regu-
lated 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 
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a period of notice and opportunity for public com-
ment, the Administrator shall promulgate a final reg-
ulation that governs the transfer of allowances for the 
production of regulated substances under subsection 
(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 
designating the substance as a regulated sub-
stance under subsection (c)(3). 
(2) REQUIREMENTS.—The final rule promul-
gated pursuant to paragraph (1) shall— 
(A) ensure that the transfers under this sub-
section will result in greater total reductions in 
the production of regulated substances in each 
year than would occur during the year in the ab-
sence of the transfers; 
(B) permit 2 or more persons to transfer 
production allowances if the transferor of the al-
lowances will be subject, under the final rule, to 
an enforceable and quantifiable reduction in an-
nual production that— 
(i) exceeds the reduction otherwise ap-
plicable to the transferor under this section; 
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(ii) exceeds the quantity of production 
represented by the production allowances 
transferred to the transferee; and 
(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 produc-
tion allowances. 
(h) MANAGEMENT OF REGULATED SUBSTANCES.— 
(1) IN GENERAL.—For purposes of maximizing 
reclaiming and minimizing the release of a regulated 
substance from equipment and ensuring the safety of 
technicians and consumers, the Administrator shall 
promulgate regulations to control, where appropriate, 
any practice, process, or activity regarding the serv-
icing, repair, disposal, or installation of equipment 
(including requiring, where appropriate, that any 
such servicing, repair, disposal, or installation be per-
formed 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; 
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(C) the reclaiming of a regulated substance 
used as a refrigerant; or 
(D) the reclaiming of a substitute for a reg-
ulated substance used as a refrigerant. 
(2) RECLAIMING.— 
(A) IN GENERAL.—In carrying out this sec-
tion, the Administrator shall consider the use of 
authority available to the Administrator under 
this section to increase opportunities for the re-
claiming of regulated substances used as refrig-
erants. 
(B) RECOVERY.—A regulated substance 
used as a refrigerant that is recovered shall be 
reclaimed before the regulated substance is sold 
or transferred to a new owner, except where the 
recovered regulated substance is sold or trans-
ferred to a new owner solely for the purposes of 
being reclaimed or destroyed. 
(3) COORDINATION.—In promulgating regula-
tions to carry out this subsection, the Administrator 
may coordinate those regulations with any other regu-
lations promulgated by the Administrator that in-
volve— 
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(A) the same or a similar practice, process, 
or activity regarding the servicing, repair, dis-
posal, or installation of equipment; or 
(B) reclaiming. 
(4) INAPPLICABILITY.—No regulation promul-
gated pursuant to this subsection shall apply to a reg-
ulated substance or a substitute for a regulated sub-
stance that is contained in a foam. 
(5) SMALL BUSINESS GRANTS.— 
(A) DEFINITION OF SMALL BUSINESS CON-
CERN.—In this paragraph, the term ‘‘small busi-
ness concern’’ has the same meaning as in sec-
tion 3 of the Small Business Act (15 U.S.C. 
632). 
(B) ESTABLISHMENT.—Subject to the avail-
ability 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, re-
covery, or reclamation of a substitute for a regu-
lated substance, including the purchase of ap-
proved refrigerant recycling equipment (as de-
fined in section 609(b) of the Clean Air Act (42 
U.S.C. 7671h(b))) for recycling, recovery, or rec-
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lamation 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
APPROPRIA-
TIONS.—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 subsection, the Administrator may by rule re-
strict, 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 sub-
stance for a sector or subsector under paragraph 
(1), the Administrator shall consider negotiating 
with stakeholders in the sector or subsector sub-
ject to the potential rule in accordance with the 
negotiated rulemaking procedure provided for 
under subchapter III of chapter 5 of title 5, 
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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 procedure described in 
subparagraph (A), the Administrator shall, to 
the extent practicable, give priority to com-
pleting 
that 
rulemaking 
over 
completing 
rulemakings under this subsection that were not 
negotiated using that procedure. 
(C) NO NEGOTIATED RULEMAKING.—If the 
Administrator does not negotiate a rulemaking 
with stakeholders using the procedure described 
in subparagraph (A), the Administrator shall, 
before commencement of the rulemaking process 
for a rule under paragraph (1), publish an ex-
planation of the decision of the Administrator to 
not use that procedure. 
(3) PETITIONS.— 
(A) IN GENERAL.—A person may petition 
the Administrator to promulgate a rule under 
paragraph (1) for the restriction on use of a reg-
ulated substance in a sector or subsector, which 
shall include a request that the Administrator 
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2697 
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 re-
ceipt of the petition. 
(C) REQUIREMENTS.— 
(i) EXPLANATION.—If the Adminis-
trator denies a petition under subparagraph 
(B), the Administrator shall publish in the 
Federal Register an explanation of the de-
nial. 
(ii) FINAL
RULE.—If the Adminis-
trator grants a petition under subpara-
graph (B), the Administrator shall promul-
gate a final rule not later than 2 years 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. 
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(4) FACTORS FOR DETERMINATION.—In carrying 
out a rulemaking 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 regulated 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, appliance 
efficiency standards, contractor training costs, 
and other relevant factors, including the quan-
tities of regulated substances available from re-
claiming, prior production, or prior import; 
(C) overall economic costs and environ-
mental impacts, as compared to historical 
trends; and 
(D) the remaining phase-down period for 
regulated substances under the final rule issued 
under subsection (e)(3), if applicable. 
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(5) EVALUATION.—In carrying out this sub-
section, the Administrator shall— 
(A) evaluate substitutes for regulated sub-
stances in a sector or subsector, taking into ac-
count technological achievability, commercial de-
mands, safety, overall economic costs and envi-
ronmental impacts, and other relevant factors; 
and 
(B) make the evaluation under subpara-
graph (A) available to the public, including the 
factors associated with the safety of those sub-
stitutes. 
(6) EFFECTIVE DATE OF RULES.—No rule under 
this subsection may take effect before the date that is 
1 year after the date on which the Administrator pro-
mulgates 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 equip-
ment to achieve system compatibility; and 
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(ii) may include changes in lubricants, 
gaskets, filters, driers, valves, o-rings, or 
equipment components for that purpose. 
(B) APPLICABILITY OF RULES.—A rule pro-
mulgated under this subsection shall not apply 
to— 
(i) an essential use under clause (i) or 
(iv) of subsection (e)(4)(B), including any 
use for which the production or consump-
tion of the regulated substance is extended 
under clause (v)(II) of that subsection; or 
(ii) except for a retrofit application, 
equipment in existence in a sector or sub-
sector before the date of enactment of this 
Act. 
(j) INTERNATIONAL COOPERATION.— 
(1) IN GENERAL.—Subject to paragraph (2), no 
person subject 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 otherwise estab-
lished within a reasonable timeframe after the date of 
enactment of this Act the same or similar require-
ments or otherwise undertaken commitments regard-
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ing the production and consumption of regulated sub-
stances 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 re-
vises 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 trad-
ed under the revised production limits is equal 
to the least of— 
(i) the maximum production level per-
mitted for the applicable regulated sub-
stance in the year of the transfer under this 
section, less the production allowances 
transferred; 
(ii) the maximum production level per-
mitted for the applicable regulated sub-
stances in the transfer year under applica-
ble law, less the production allowances 
transferred; and 
(iii) the average of the actual national 
production level of the applicable regulated 
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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 Adminis-
trator 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 LIM-
ITS.—The Administrator may— 
(A) reduce the production limits established 
under subsection (e)(2)(B) as required as a pre-
requisite to a transfer described in paragraph 
(2)(A); or 
(B) increase the production limits estab-
lished under subsection (e)(2)(B) to reflect pro-
duction 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 subsection; and 
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(B) not less frequently than annually, re-
view and, if necessary, revise the final rule pro-
mulgated pursuant to subparagraph (A). 
(k) RELATIONSHIP TO OTHER LAW.— 
(1) IMPLEMENTATION.— 
(A) 
RULEMAKINGS.—The 
Administrator 
may promulgate such regulations as are nec-
essary to carry out the functions of the Adminis-
trator under this section. 
(B) DELEGATION.—The Administrator may 
delegate to any officer or employee of the Envi-
ronmental Protection Agency such of the powers 
and duties of the Administrator under this sec-
tion as the Administrator determines to be ap-
propriate. 
(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 sec-
tion 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.— 
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(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 allo-
cation of allowances is provided under subsection 
(e)(4)(B)(iv)(I), no State or political subdivision 
of a State may enforce a statute or administra-
tive 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 sub-
section (e)(4)(B)(v), the Administrator au-
thorizes an additional period under sub-
clause (II) of that subsection for the produc-
tion or consumption of a regulated sub-
stance for an exclusive use described in sub-
paragraph (A), no State or political sub-
division of a State may enforce a statute or 
administrative action restricting the man-
agement or use of the regulated substance 
within that exclusive use for the duration of 
that additional period. 
(ii) 
LIMITATION.—The 
period 
for 
which the limitation under clause (i) ap-
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plies shall not exceed 5 years from the date 
on which the period described in subpara-
graph (A) ends. 
DIVISION 
T—SMITHSONIAN 
AMERICAN WOMEN’S HISTORY 
MUSEUM ACT AND NATIONAL 
MUSEUM OF THE AMERICAN 
LATINO 
TITLE 
I—SMITHSONIAN 
AMER-
ICAN WOMEN’S HISTORY MU-
SEUM 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 benefitted 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 concluded that 10 percent of the mate-
rial documented contributions of women; 
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(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 des-
ignation 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 his-
tory. 
(4) On December 19, 2014, Congress created a 
Congressional Commission to study the potential for 
an American museum of women’s history. The bipar-
tisan Commission unanimously concluded that the 
United States needs and deserves a physical national 
museum dedicated to showcasing the historical experi-
ences and impact of women in the United States. 
(5) A comprehensive women’s history museum 
would document the full spectrum of the experiences 
of women in the United States, represent a diverse 
range of viewpoints, experiences, and backgrounds, 
more accurately depict the history of the United 
States, and add value to the Smithsonian Institution. 
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(6) The collections, exhibits, historical narrative 
materials, and museum programming of the women’s 
history museum should be inclusive, comprehensive, 
and innovative. Such collections, 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 high-
lighting the experiences that many of these women 
share. 
SEC. 103. ESTABLISHMENT OF MUSEUM. 
(a) ESTABLISHMENT.—There is established within the 
Smithsonian Institution a comprehensive women’s history 
museum, to be named by the Board of Regents in consulta-
tion 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 establish-
ment 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; 
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(2) collaboration with other Smithsonian Insti-
tution 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 
Smithsonian 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 section 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, op-
eration, maintenance, 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 
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objects relating to women’s art, history, and cul-
ture; 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 dis-
pose of any part of the collections of the Museum, 
but only if the funds generated by that disposi-
tion are used for additions to the collections of 
the Museum; or 
(C) 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, and culture of 
women; 
(ii) the role of women in the history of 
the United States; and 
(iii) the contributions of women to so-
ciety. 
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(3) OTHER
RESPONSIBILITIES.—The Council, 
subject to the general policies of the Board of Regents, 
shall have authority— 
(A) to provide for preservation, restoration, 
and maintenance of the collections of the Mu-
seum; 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 VIEW-
POINTS IN EXHIBITS AND PROGRAMS.—In carrying 
out its duties, the Council shall ensure that the exhib-
its and programs of the Museum reflect, to the extent 
practicable, an equal representation of the diversity of 
the political viewpoints held by women of the United 
States on the events and issues relating to the history 
of women in the United 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 in-
clude the following voting members: 
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(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 Insti-
tution. 
(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 Com-
mission; 
(ii) board members of the National 
Women’s History Museum, a nonprofit, 
educational organization described in sec-
tion 501(c)(3) of the Internal Revenue Code 
of 1986 that was incorporated in 1996 in 
the District of Columbia and that is dedi-
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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 ap-
pointed to fill a vacancy under paragraph (4)(B). 
(4) VACANCIES.— 
(A) IN GENERAL.—A vacancy on the Coun-
cil— 
(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 ap-
pointed to fill a vacancy occurring before the ex-
piration 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 para-
graph (2), a member of the Council shall serve with-
out pay. 
(2) TRAVEL EXPENSES.—A member of the Coun-
cil 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 
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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 pe-
riod 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 conducting 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 Di-
rector who shall be appointed by the Secretary, taking 
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2715 
into consideration individuals recommended by the 
council established under section 104. 
(2) DUTIES.—The Director shall manage the 
Museum subject to the policies of the Board of Re-
gents. 
(b) STAFF.—The Secretary may appoint 2 additional 
employees to serve under the Director, except that such ad-
ditional employees may be appointed without regard to the 
provisions of title 5, United States Code, governing ap-
pointments in the competitive service. 
(c) PAY.—The employees appointed by the Secretary 
under subsection (b) may be paid without regard to the pro-
visions of chapter 51 and subchapter III of chapter 53 of 
title 5, United States Code, relating to classification of posi-
tions 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 section, the Director shall carry out educational 
programs in collaboration with elementary schools, sec-
ondary schools, and postsecondary schools. 
SEC. 107. BUILDING. 
(a) LOCATION.— 
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(1) IN GENERAL.—Not later than 2 years after 
the date of the enactment of this Act, the Board of Re-
gents shall designate 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 fol-
lowing sites: 
(i) The site known as the ‘‘South 
Monument site’’, located on the National 
Mall and bordered by 14th Street North-
west, Jefferson Drive Southwest, Raoul 
Wallenberg Place Southwest, and Independ-
ence Ave Southwest. 
(ii) The Northwest United States Cap-
itol site, bordered by 3rd Street Northwest, 
Constitution Avenue Northwest, 1st Street 
Northwest, and Pennsylvania Ave North-
west. 
(3) FACTORS
CONSIDERED.—In designating a 
site under paragraph (1), the Board of Regents shall 
take into consideration each of the following factors: 
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(A) An estimate of the costs associated with 
each potential site. 
(B) 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 ap-
propriate. 
(C) The recommendations of the Congres-
sional Commission. 
(4) CONSULTATION.—The Board of Regents shall 
carry out its duties under this subsection in consulta-
tion with each of the following: 
(A) The Chair of the National Capital 
Planning Commission. 
(B) The Director of the National Park Serv-
ice. 
(C) The Chair of the National Capital Me-
morial Advisory Commission. 
(D) The Chair of the Commission on Fine 
Arts. 
(E) The Chair of the Congressional Com-
mission. 
(F) The Architect of the Capitol. 
(G) The chair and ranking member of each 
of the following committees: 
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(i) The Committee on Rules and Ad-
ministration of the Senate. 
(ii) The Committee on House Adminis-
tration of the House of Representatives. 
(iii) The Committee on Energy and 
Natural Resources of the Senate. 
(iv) The Committee on Natural Re-
sources of the House of Representatives. 
(v) The Committee on Transportation 
and Infrastructure of the House of Rep-
resentatives. 
(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 
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2719 
the Federal agency or entity submits to each of the 
committees described in subsection (a)(4)(G) written 
notification stating that the head of the Federal agen-
cy or entity concurs with locating the Museum on the 
land or in the structure that is under the administra-
tive jurisdiction of the Federal agency or entity. 
(2) TRANSFER.—As soon as practicable after the 
date on which Congress receives the written notifica-
tion described in paragraph (1), the head of the Fed-
eral agency or entity shall transfer to the Smithso-
nian Institution its administrative jurisdiction over 
the land or structure that has been designated as the 
site for the Museum. 
(c) CONSTRUCTION OF BUILDING.—The Board of Re-
gents, 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— 
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(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 Cre-
ation of a National Women’s History Museum, estab-
lished 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. 
SEC. 109. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to the Smithsonian Institution to carry out this 
Act, including the planning, design, construction, and oper-
ation of the Museum established under section 103, such 
sums as may be necessary for fiscal year 2020 and each 
succeeding fiscal year. 
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2721 
(b) AVAILABILITY.—Amounts appropriated pursuant 
to the authorization under this section shall remain avail-
able until expended. 
(c) USE OF FUNDS FOR FUNDRAISING.—Amounts ap-
propriated pursuant to the authorization under this section 
may be used to conduct fundraising in support of the Mu-
seum 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 eco-
nomic opportunity of the United States. 
(2) There exists no national museum within the 
Smithsonian Institution that is devoted to the docu-
mentation and explication of Latino life, art, history, 
and culture. 
(3) The establishment of the National Museum of 
the American Latino will be consistent with the pur-
poses of the Smithsonian Institution, created by Con-
gress in 1846, ‘‘for the increase and diffusion of 
knowledge’’. 
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(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 Smithso-
nian 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. 
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(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.— 
(1) ESTABLISHMENT.—There is established with-
in 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, pub-
lication, 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; 
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(II) Latino contributions in the 
armed services from the earliest days of 
the American Revolution to current 
military activities in defense of our 
freedoms; 
(III) Latino contributions to the 
freedom, 
well-being, 
and 
economic 
prosperity of all people in the United 
States through historical movements; 
(IV) entrepreneurial and chari-
table 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 muse-
ums and educational institutions through-
out the United States and abroad, to pro-
mote the study and appreciation of Latino 
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life, art, history, culture, and its impact on 
society in the United States, including col-
laboration 
concerning 
joint 
research 
projects, programs, exhibitions, collection 
management, and training of museum staff. 
(d) BOARD OF TRUSTEES.— 
(1) ESTABLISHMENT.—There is established with-
in the Smithsonian Institution a Board of Trustees of 
the Museum with the duties, powers, and authority 
specified in this subsection. 
(2) DUTIES.— 
(A) IN GENERAL.—The Board of Trustees— 
(i) shall— 
(I) make recommendations to the 
Board of Regents concerning the loca-
tion, planning, design, and construc-
tion 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, disposi-
tion, and display of Latino collections, 
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2726 
objects and artifacts, and on other ap-
propriate matters; and 
(V) advise and assist the Board of 
Regents on all matters relating to the 
administration, 
operation, 
mainte-
nance, and preservation of the Mu-
seum, including long-term mainte-
nance; and 
(ii) may delegate the duties described 
in subclauses (I) through (IV) of clause (i) 
to the Director. 
(B) PRINCIPAL RESPONSIBILITIES.—Subject 
to the general policies of the Board of Regents, 
the Board of Trustees shall have the sole author-
ity to— 
(i) purchase, accept, borrow, or other-
wise 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 trans-
actions to be used for additions to the collec-
tions of the Museum; and 
(iii) specify criteria with respect to the 
use of the collections and resources of the 
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Museum, including policies on program-
ming, 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 his-
tory of the United States from the ar-
rival of the first explorers to the Amer-
icas 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, opti-
mism, 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, restora-
tion, and maintenance of the collections of 
the Museum; and 
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2728 
(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 programs of 
the Museum reflect the diversity of the political 
viewpoints held by Latinos of the United States 
on the events and issues relating to the history 
of Latinos in the United States. 
(3) COMPOSITION AND APPOINTMENT.— 
(A) IN GENERAL.—The Board of Trustees 
shall be composed of not more than 19 voting 
members as provided under subparagraph (B). 
(B) VOTING
MEMBERS.—The Board of 
Trustees shall include the following voting mem-
bers: 
(i) The Secretary of the Smithsonian 
Institution. 
(ii) The Under Secretary of Museums 
and Research of the Smithsonian Institu-
tion. 
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2729 
(iii) The chair of the Smithsonian Na-
tional Latino Board. 
(iv) One member of the Board of Re-
gents, appointed by the Board of Regents. 
(v) Two Members of Congress, one from 
each political party, designated by the Con-
gressional Hispanic Caucus and the Con-
gressional Hispanic Conference. 
(vi) Thirteen individuals who shall be 
appointed by the Board of Regents after 
taking into consideration— 
(I) efforts to have a politically 
and geographically diverse representa-
tion 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 
organizations and entities that are 
committed to the advancement of 
knowledge of Latino life, art, history, 
and culture. 
(C) INITIAL APPOINTMENTS.—The Board of 
Regents shall make initial appointments to the 
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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 appoint-
ment, of the voting members 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 
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for which an individual is appointed to fill a va-
cancy under subparagraph (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 oc-
curring before the expiration of the term for 
which the member’s predecessor was ap-
pointed shall be appointed for the remain-
der of that term. 
(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 ex-
penses, 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, 
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United States Code, while away from the home 
or regular place of business of the member in the 
performance of the duties of the Board of Trust-
ees. 
(6) CHAIRPERSON.—By a majority vote of its 
voting members, 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 mem-
bers of the Board of Trustees, but not fewer than 
twice each year. 
(B) MEETING
FORMAT.—Regularly sched-
uled meetings and special meetings may be con-
ducted in-person, telephonically, 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.— 
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(A) IN GENERAL.—The Museum shall have 
a Director who shall be appointed by the Sec-
retary in consultation with Board of Trustees. 
The Secretary may appoint an interim Director 
to oversee the initial activity of establishing 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 ad-
ditional 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 competi-
tive service. 
(3) PAY.—The employees appointed by the Sec-
retary under paragraph (2) may be paid without re-
gard to the provisions of chapter 51 and subchapter 
III of chapter 53 of title 5, United States Code, relat-
ing 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 
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liaison programs in support of the goals of the 
Museum. 
(B) SPECIFIC ACTIVITIES.—In carrying out 
this subsection, the Director shall— 
(i) carry out educational programs re-
lating to Latino life, art, history, and cul-
ture, including— 
(I) programs using digital, elec-
tronic, and interactive technologies; 
and 
(II) programs carried out in col-
laboration with elementary schools, sec-
ondary 
schools, 
and 
postsecondary 
schools; and 
(ii) consult with the Director of the In-
stitute of Museum and Library Services 
concerning the grant programs carried out 
under paragraph (2). 
(2) GRANT PROGRAMS.— 
(A) IN GENERAL.—The Director of the In-
stitute of Museum and Library Services, in con-
sultation with the Board of Trustees and the Di-
rector of the Museum, shall establish and carry 
out— 
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(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 op-
portunities at American Latino museums; 
(iii) a scholarship program, in part-
nership with Hispanic-serving institutions, 
minority-serving institutions, historically 
black colleges and universities, and other in-
stitutions of higher education, with the pur-
pose of assisting individuals who are pur-
suing careers or carrying out studies in the 
arts, humanities, and sciences in the study 
of American Latino life, art, history, and 
culture; 
(iv) in cooperation with other muse-
ums, historical societies, and educational 
institutions, a grant program with the pur-
pose of promoting the understanding of the 
Latin American diaspora in the United 
States; and 
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(v) a grant program under which an 
American Latino museum (including a 
nonprofit education organization the pri-
mary mission of which is to promote 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 organi-
zation) as of October 1, 2020, for the pur-
poses of enhancing educational program-
ming, and maintaining and operating trav-
eling educational exhibits. 
(B) CLARIFICATION OF TREATMENT OF MU-
SEUM.—In this paragraph, the term ‘‘American 
Latino museum’’ does not include the Museum. 
(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—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. 
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(g) NATIONAL MUSEUM OF THE AMERICAN LATINO 
BUILDING AND SUPPORT FACILITIES.— 
(1) IN GENERAL.— 
(A) LOCATION.— 
(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 In-
stitution, located on the National 
Mall at 900 Jefferson Drive, 
Southwest, Washington, District 
of Columbia. 
(bb) A vacant area bounded 
by Independence Avenue, Jefferson 
Drive, Raoul Wallenberg Place, 
and 14th Street Southwest, cur-
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rently 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 be-
tween 12th and 14th Streets, 
Southwest, and Jefferson Drive 
and Independence Avenue, South-
west, currently under the jurisdic-
tion of the Department of Agri-
culture. 
(iii) FACTORS CONSIDERED.—In desig-
nating a site under clause (i), the Board of 
Regents shall take into consideration each of 
the following factors: 
(I) An estimate of the costs associ-
ated with each potential site. 
(II) An assessment of the suit-
ability of the space of each potential 
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(VI) The Chair of the Building 
and Site Subcommittee of the Commis-
sion referred to in subsection (h). 
(VII) The Architect of the Capitol. 
(VIII) The Chair and ranking mi-
nority member of each of the following 
committees: 
(aa) The Committee on Rules 
and Administration of the Senate. 
(bb) 
The 
Committee 
on 
House 
Administration 
of 
the 
House of Representatives. 
(cc) The Committee on En-
ergy and Natural Resources of the 
Senate. 
(dd) The Committee on Nat-
ural Resources of the House of 
Representatives. 
(ee) 
The 
Committee 
on 
Transportation and Infrastruc-
ture of the House of Representa-
tives. 
(ff) The Committee on Ap-
propriations of the House of Rep-
resentatives. 
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(gg) The Committee on Ap-
propriations of the Senate. 
(v) INTENT OF CONGRESS.—It is the 
intent of Congress that the Museum be lo-
cated on or near the National Mall, to the 
maximum extent practicable, in accordance 
with this subsection. 
(B) SIZE OF BUILDING.—The building con-
structed 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 es-
tablished 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, de-
sign, and construct a building or modify an ex-
isting building for the Museum, which shall be 
located at the site selected by the Board of Re-
gents, in accordance with this subsection. 
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2742 
(2) SITE UNDER THE JURISDICTION OF ANOTHER 
FEDERAL AGENCY.— 
(A) IN GENERAL.—The Board of Regents 
shall not designate a site for the Museum that is 
under the administrative jurisdiction of another 
Federal agency or entity unless the head of the 
Federal agency or entity submits to each of the 
committees 
described 
in 
paragraph 
(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 juris-
diction 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 subpara-
graph (A), the head of the Federal agency or en-
tity shall transfer to the Smithsonian Institution 
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 subsection from Federal funds; and 
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(B) 50 percent of the costs of carrying out 
this subsection 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 authorized to be appropriated such sums as 
are necessary to carry out this subsection. 
(h) CONSIDERATION OF RECOMMENDATIONS OF COM-
MISSION.—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.—Au-
thority 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 ap-
propriated to the Smithsonian Institution to carry 
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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 fis-
cal year thereafter. 
(2) AVAILABILITY.—Amounts appropriated pur-
suant to the authorization of appropriations under 
paragraph (1) shall remain available until expended. 
(3) USE
OF
FUNDS
FOR
FUNDRAISING.— 
Amounts appropriated pursuant to the authorization 
under this subsection may be used to conduct fund-
raising in support of the Museum from private 
sources. 
DIVISION U—HOMELAND SECU-
RITY 
AND 
GOVERNMENTAL 
AFFAIRS PROVISIONS 
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 Admin-
istrator of General Services; 
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(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; 
(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 In-
ternal Revenue Code of 1986 and exempt from tax-
ation 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 Excellence’’, which shall— 
(1) facilitate the adoption of artificial intel-
ligence technologies in the Federal Government; 
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(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 efficiency of Federal Government 
operations. 
(b) DUTIES.—The duties of the AI CoE shall include— 
(1) regularly convening individuals from agen-
cies, industry, Federal laboratories, nonprofit organi-
zations, institutions of higher education, and other 
entities to discuss recent developments in artificial in-
telligence, including the dissemination of information 
regarding programs, pilots, and other initiatives at 
agencies, as well as recent trends and relevant infor-
mation on the understanding, adoption, and use of 
artificial intelligence; 
(2) collecting, aggregating, and publishing on a 
publicly available website information regarding pro-
grams, pilots, and other initiatives led by other agen-
cies and any other information determined appro-
priate by the Administrator; 
(3) advising the Administrator, the Director, 
and agencies on the acquisition and use of artificial 
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intelligence through technical insight and expertise, as 
needed; 
(4) assist agencies in applying Federal policies 
regarding the management and use of data in appli-
cations of artificial intelligence; 
(5) consulting with agencies, including the De-
partment of Defense, the Department of Commerce, 
the Department of Energy, the Department of Home-
land Security, the Office of Management and Budget, 
the Office of the Director of National Intelligence, and 
the National Science Foundation, that operate pro-
grams, create standards and guidelines, or otherwise 
fund internal projects or coordinate between the pub-
lic and private sectors relating to artificial intel-
ligence; 
(6) advising the Director on developing policy 
related to the use of artificial intelligence by agencies; 
and 
(7) advising the Director of the Office of Science 
and Technology Policy on developing policy related to 
research and national investment in artificial intel-
ligence. 
(c) STAFF.— 
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(1) IN GENERAL.—The Administrator shall pro-
vide necessary staff, resources, and administrative 
support for the AI CoE. 
(2) SHARED STAFF.—To the maximum extent 
practicable, the Administrator shall meet the require-
ments described under paragraph (1) by using staff of 
the General Services Administration, 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 par-
ticipate in the AI CoE from nonprofit organizations, 
think tanks, institutions of higher education, and in-
dustry. 
(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 IN-
TELLIGENCE. 
(a) GUIDANCE.—Not later than 270 days after the date 
of enactment 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 rel-
evant agencies and key stakeholders as determined by the 
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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 artifi-
cial intelligence, including an identification of the re-
sponsibilities of agency officials managing the use of 
such technology; 
(2) recommend approaches to remove barriers for 
use by agencies of artificial intelligence technologies 
in order to promote the innovative application of 
those technologies while protecting civil liberties, civil 
rights, and economic and national security; 
(3) identify best practices for identifying, assess-
ing, 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, in-
cluding policies to identify data used to train artifi-
cial intelligence algorithms as well as the data ana-
lyzed by artificial intelligence used by the agencies; 
and 
(4) provide a template of the required contents of 
the agency plans described in subsection (c). 
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(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 re-
quired under subsection (a) for public comment not later 
than 180 days after date of enactment 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— 
(1) a plan to achieve consistency with the memo-
randum; or 
(2) a written determination that the agency does 
not use and does not anticipate using artificial intel-
ligence. 
(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 ARTIFI-
CIAL INTELLIGENCE. 
(a) IN GENERAL.—Not later than 18 months after the 
date of enactment of this Act, and in accordance with chap-
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ter 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 esti-
mate 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 num-
ber of Federal employees in positions related to artifi-
cial 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 Governmental Affairs of the Senate and the 
Committee on Oversight and Reform of the House of Rep-
resentatives a comprehensive plan with a timeline to com-
plete requirements described in subsection (a). 
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TITLE II—DHS OVERSEAS PER-
SONNEL ENHANCEMENT ACT 
OF 2019 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘DHS Overseas Per-
sonnel Enhancement Act of 2019’’. 
SEC. 202. OVERSEAS PERSONNEL BRIEFING. 
(a) IN GENERAL.—Not later than 90 days after sub-
mission 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 Home-
land Security of the House of Representatives and the Com-
mittee on Homeland Security and Governmental 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 pri-
mary duties that take place outside of the United 
States and how each such position contributes to the 
Department’s mission. 
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(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, in-
cluding to address counter-intelligence risks. 
(4) Information regarding the costs of deploying 
or maintaining personnel at each geographic and re-
gional placement, 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-intel-
ligence threats, including cyber threats, associated 
with Department personnel. 
(6) Information regarding trends in foreign ef-
forts to influence such personnel while deployed over-
seas 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 communica-
tion of counterterrorism information between Depart-
ment personnel at foreign locations and Department 
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entities in the United States, including technical, re-
source, and administrative challenges. 
(9) The status of efforts to implement the strat-
egy referred to in subsection (a). 
(10) The status of efforts (beginning with the sec-
ond briefing required under this section) to imple-
ment the enhancement 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 Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate a plan 
to enhance the effectiveness of Department personnel at for-
eign locations. 
(b) PLAN REQUIREMENTS.—The plan required under 
subsection (a) shall include proposals to— 
(1) improve efforts of Department personnel at 
foreign locations, as necessary, for purposes of pro-
viding foreign partner capacity development and fur-
thering the Department’s mission; 
(2) as appropriate, redeploy Department per-
sonnel to respond to changing threats to the United 
States, consistent with the limits on the resources of 
the Department; 
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(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, includ-
ing to address technical, resource, and administrative 
challenges; and 
(5) maintain practices to guard against counter- 
espionage threats associated with Department per-
sonnel. 
SEC. 204. TERMINATION. 
The briefing requirement under section 202 shall ter-
minate 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 Depart-
ment of Homeland Security; and 
(2) the term ‘‘Secretary’’ means the Secretary of 
Homeland Security. 
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2756 
TITLE 
III—SYNTHETIC 
OPIOID 
EXPOSURE PREVENTION AND 
TRAINING ACT 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Synthetic Opioid Expo-
sure Prevention and Training Act’’. 
SEC. 302. PROTECTION AGAINST POTENTIAL SYNTHETIC 
OPIOID EXPOSURE WITHIN U.S. CUSTOMS 
AND BORDER PROTECTION. 
(a) IN GENERAL.—Subtitle B of title IV of the Home-
land Security 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. Cus-
toms and Border Protection shall issue a policy that speci-
fies effective protocols and procedures for the safe handling 
of potential synthetic opioids, including fentanyl, by U.S. 
Customs and Border Protection officers, agents, other per-
sonnel, 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 Commis-
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sioner of U.S. Customs and Border Protection shall 
require mandatory and recurrent training on the fol-
lowing: 
‘‘(A) The potential risk of opioid exposure 
and safe handling procedures for potential syn-
thetic opioids, including precautionary measures 
such as the use of personal protective equipment 
during such handling. 
‘‘(B) How to access and administer opioid 
receptor antagonists, including naloxone, post-ex-
posure to potential synthetic opioids. 
‘‘(2) INTEGRATION.—The training described in 
paragraph (1) may be integrated into existing train-
ing 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 avail-
ability of personal protective equipment and opioid receptor 
antagonists, including naloxone, to all U.S. Customs and 
Border Protection officers, agents, other personnel, and ca-
nines at risk of accidental exposure to synthetic opioids. 
‘‘(d) OVERSIGHT.—To ensure effectiveness of the policy 
described in subsection (a)— 
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‘‘(1) the Commissioner of U.S. Customs and Bor-
der Protection shall regularly monitor the efficacy of 
the implementation of such policy and adjust proto-
cols 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 CON-
SENSUS PROCUREMENT IM-
PROVEMENT ACT OF 2020 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Construction Consensus 
Procurement Improvement Act of 2020’’. 
SEC. 402. PROHIBITION ON USE OF A REVERSE AUCTION 
FOR THE AWARD OF A CONTRACT FOR DE-
SIGN AND CONSTRUCTION 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. 
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(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 environ-
mental restoration projects; 
(E) delivery and supply of construction ma-
terials to construction sites; or 
(F) construction or substantial alteration of 
public buildings or public works. 
(2) The term ‘‘reverse auction’’ means, with re-
spect 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 submitting bids for a supply or 
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service contract, or a delivery 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 OVER-
SIGHT.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 sub-
paragraph (A), (B), or (I) of subsection (b)(1); 
‘‘(B) the Special Inspector General for Af-
ghanistan Reconstruction established under sec-
tion 1229 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 
122 Stat. 379); 
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‘‘(C) the Special Inspector General for the 
Troubled Asset Relief Plan established under sec-
tion 121 of title I of the Emergency Economic 
Stabilization Act of 2008 (12 U.S.C. 5231); and 
‘‘(D) the Special Inspector General for Pan-
demic Recovery established under section 4018 of 
the CARES Act (15 U.S.C. 9053). 
‘‘(2) ESTABLISHMENT.—The Council shall estab-
lish 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, inspec-
tion report, or evaluation report (or portion of 
any such report) made by an Office of Inspector 
General; and 
‘‘(B) that shall include any additional re-
sources, 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 eval-
uation 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, contem-
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poraneously publish the report or portion thereof on 
oversight.gov in a manner prescribed by the Coun-
cil.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—For the 
purposes of carrying out the mission of the Council of the 
Inspectors General on Integrity and Efficiency under sec-
tion 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 sub-
section (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. 
(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 Inspec-
tors General on Integrity and Efficiency of an appropria-
tion 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 Advi-
sory Board Act of 2019’’. 
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SEC. 602. DEPARTMENT OF HOMELAND SECURITY COUNTER 
THREATS ADVISORY BOARD. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land 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 De-
partment, 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 de-
partmental operational components and headquarters 
elements; and 
‘‘(2) coordinate departmental intelligence activi-
ties and policy and information related to the mis-
sion 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 environment and the importance of aligning 
departmental activities to counter threats under the 
guidance of the Secretary; and 
‘‘(2) be reviewed and updated as appropriate. 
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‘‘(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 Intel-
ligence and Analysis shall serve as the Chair of the 
Board. 
‘‘(3) MEMBERS.—The Secretary shall appoint 
additional members of the Board from among the fol-
lowing: 
‘‘(A) The Transportation Security Adminis-
tration. 
‘‘(B) U.S. Customs and Border Protection. 
‘‘(C) U.S. Immigration and Customs En-
forcement. 
‘‘(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. 
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‘‘(K) The Office of Intelligence and Anal-
ysis. 
‘‘(L) The Office of Strategy, Policy, and 
Plans. 
‘‘(M) The Science and Technology Direc-
torate. 
‘‘(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 pro-
grams as determined appropriate by the Sec-
retary. 
‘‘(d) MEETINGS.—The Board shall— 
‘‘(1) meet on a regular basis to discuss intel-
ligence and coordinate ongoing threat mitigation ef-
forts and departmental activities, including coordina-
tion with other Federal, State, local, tribal, terri-
torial, 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. 
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‘‘(f) PROHIBITION ON ADDITIONAL FUNDS.—No addi-
tional 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 Secu-
rity, acting through the Chair of the Counter Threats Advi-
sory Board established under section 210F of the Homeland 
Security Act of 2002, as added by subsection (a), shall sub-
mit to the Committee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee on Home-
land 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 Com-
mittee on Homeland Security and Governmental Affairs of 
the Senate and the Committee on Homeland Security of the 
House of Representatives on any changes to or introduc-
tions of new mechanisms to coordinate threats across the 
Department of Homeland Security. 
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2767 
TITLE 
VII—DHS 
COUNTERING 
UNMANNED 
AIRCRAFT 
SYS-
TEMS COORDINATOR ACT 
SEC. 701. DHS COUNTERING UNMANNED AIRCRAFT SYS-
TEMS COORDINATOR ACT. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘DHS Countering Unmanned Aircraft Systems Coordi-
nator Act’’. 
(b) COUNTERING UNMANNED AIRCRAFT SYSTEMS CO-
ORDINATOR.— 
(1) IN GENERAL.—Title III of the Homeland Se-
curity 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 
COORDINATOR. 
‘‘(a) COORDINATOR.— 
‘‘(1) IN
GENERAL.—The Secretary shall des-
ignate an individual 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 Countering Un-
manned Aircraft Systems Coordinator (in this section 
referred to as the ‘Coordinator’) and provide appro-
priate staff to carry out the responsibilities of the Co-
ordinator. 
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‘‘(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 development of guid-
ance and regulations to counter threats associ-
ated with unmanned aircraft systems (in this 
section referred to as ‘UAS’) as described in sec-
tion 210G; 
‘‘(B) promote research and development of 
counter UAS technologies in coordination within 
the Science and Technology Directorate; 
‘‘(C) coordinate with the relevant compo-
nents and offices of the Department, including 
the Office of Intelligence and Analysis, to ensure 
the sharing of information, guidance, and intel-
ligence relating to countering UAS threats, 
counter UAS threat assessments, and counter 
UAS technology, including the retention of UAS 
and counter UAS incidents within the Depart-
ment; 
‘‘(D) serve as the Department liaison, in co-
ordination with relevant components and offices 
of the Department, to the Department of Defense, 
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Federal, State, local, and Tribal law enforcement 
entities, and the private sector regarding the ac-
tivities of the Department relating to countering 
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 Secretary. 
‘‘(b) COORDINATION
WITH
APPLICABLE
FEDERAL 
LAWS.—The Coordinator shall, in addition to other as-
signed duties, coordinate with relevant Department compo-
nents and offices to ensure testing, evaluation, or deploy-
ment 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 Co-
ordinator shall, among other assigned duties, working with 
the Office of Partnership and Engagement and other rel-
evant Department offices and components, or other Federal 
agencies, as appropriate, serve as the principal Department 
official responsible for sharing to the private sector informa-
tion regarding counter UAS technology, particularly infor-
mation regarding instances in which counter UAS tech-
nology may impact lawful private sector services or sys-
tems.’’. 
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(2) 
TECHNICAL
AND
CONFORMING
AMEND-
MENT.—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.’’. 
TITLE VIII—WHISTLEBLOWER 
PROTECTION 
SEC. 801. PROTECTION AGAINST REPRISAL FOR FEDERAL 
SUBGRANTEE EMPLOYEES. 
Section 4712 of title 41, United States Code, is amend-
ed— 
(1) in subsection (a)(2)(G), by striking ‘‘or 
grantee’’ and inserting ‘‘grantee, or subgrantee’’; 
(2) in subsection (a)(3)(A), by striking ‘‘con-
tractor, subcontractor, 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 subgrantee’’; 
(4) in subsection (c), by striking ‘‘contractor or 
grantee’’ each place it appears and inserting ‘‘con-
tractor, subcontractor, grantee, or subgrantee’’; 
(5) in subsection (d), by striking ‘‘and grantees’’ 
and inserting ‘‘grantees, and subgrantees’’; and 
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(6) in subsection (f), by striking ‘‘or grantee’’ 
each place it appears and inserting ‘‘grantee, or sub-
grantee’’. 
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 inno-
vation and global leadership of the United States; 
(3) when online public services and official com-
munications from any level and branch of government 
use the .gov internet domain, they are easily recog-
nized as official and difficult to impersonate; 
(4) the citizens of the United States deserve on-
line public services that are safe, recognizable, and 
trustworthy; 
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(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 gov-
ernment, 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 ter-
ritorial governments; and 
(7) the .gov internet domain should be operated 
transparently and in the spirit of public accessibility, 
privacy, and security. 
SEC. 903. DEFINITIONS. 
In this Act— 
(1) the term ‘‘Administrator’’ means the Admin-
istrator 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 
Cybersecurity and Infrastructure Security Agency; 
(4) the term ‘‘online service’’ means any inter-
net-facing service, including a website, email, a vir-
tual private network, or a custom application; and 
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(5) the term ‘‘State’’ means any State of the 
United States, the District of Columbia, the Common-
wealth 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 SECU-
RITY. 
(a) PURPOSE.—The purpose of the .gov internet do-
main program is to— 
(1) legitimize and enhance public trust in gov-
ernment entities and their online services; 
(2) facilitate trusted electronic communication 
and connections 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 serv-
ices to the public and to domain registrants. 
(b) DUTIES AND AUTHORITIES RELATING TO THE .GOV 
INTERNET DOMAIN.— 
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(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 relat-
ing to the .gov internet domain, as described in sec-
tion 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 sub-
section (e), generally available— 
‘‘(1) to any Federal, State, local, or territorial 
government entity, or other publicly controlled entity, 
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including any Tribal government recognized by the 
Federal Government or a State government, that com-
plies with the requirements for registration 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 re-
quired to meet the requirements described in sub-
section (c); and 
‘‘(3) without conditioning registration on par-
ticipation in any separate service offered by the Di-
rector or any other Federal entity. 
‘‘(c) REQUIREMENTS.—The Director, with the ap-
proval 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 Manage-
ment 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 reg-
istration and operation of .gov internet domains sufficient 
to— 
‘‘(1) minimize the risk of .gov internet domains 
whose names could mislead or confuse users; 
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‘‘(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 inter-
net domain with any other Department component or 
any other agency for any purpose other than the ad-
ministration 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 
Management and Budget shall establish applicable 
processes and guidelines for the registration and ac-
ceptable 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 
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21st Century IDEA Act (44 U.S.C. 3501 note) and 
implementation guidance issued pursuant 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 reg-
istrants. 
‘‘(f) FEES.— 
‘‘(1) IN GENERAL.—The Director may provide 
any service relating to the availability of the .gov 
internet domain program, including .gov internet do-
main name registration services described in sub-
section (b) and supporting services described in sub-
section (e), to entities described in subsection (b)(1) 
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with or without reimbursement, including variable 
pricing. 
‘‘(2) LIMITATION.—The total fees collected for 
new .gov internet domain registrants or annual re-
newals of .gov internet domains shall not exceed the 
direct operational expenses of improving, maintain-
ing, 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 governments in developing the 
strategic direction of the .gov internet domain and in estab-
lishing requirements under subsection (c), in particular on 
matters of privacy, accessibility, transparency, and tech-
nology modernization. 
‘‘(h) .GOV INVENTORY.— 
‘‘(1) IN GENERAL.—The Director shall, on a con-
tinuous basis— 
‘‘(A) inventory all hostnames and services 
in active use within the .gov internet domain; 
and 
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‘‘(B) provide the data described in subpara-
graph (A) to domain registrants at no cost. 
‘‘(2) REQUIREMENTS.—In carrying out para-
graph (1)— 
‘‘(A) data may be collected through analysis 
of public and non-public sources, including com-
mercial data sets; 
‘‘(B) the Director shall share with Federal 
and non-Federal domain registrants all unique 
hostnames and services 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 reg-
istrants with the Director of the Office of Man-
agement and Budget for the purpose of fulfilling 
the duties of the Director of the Office of Man-
agement and Budget under section 3553 of title 
44, United States Code; 
‘‘(D) the Director shall publish on a pub-
licly available website discovered hostnames that 
describe publicly accessible agency websites, to 
the extent consistent with the security of Federal 
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information systems but with the presumption of 
disclosure; 
‘‘(E) the Director may publish on a pub-
licly 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 internet domain suffixes by agen-
cies for their official online services; 
‘‘(ii) collect information on the use of 
non-.gov internet domain suffixes by State, 
local, Tribal, and territorial governments; 
and 
‘‘(iii) publish the information collected 
under clause (i) on a publicly available 
website to the extent consistent with the se-
curity 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, 
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and publish hostnames and services in a manner 
consistent with the protection of national secu-
rity information. 
‘‘(B) LIMITATION.—The Director may not 
inventory, collect, or publish hostnames or serv-
ices under this subsection if the Director, in co-
ordination with other heads of agencies, as ap-
propriate, determines that the collection or publi-
cation would— 
‘‘(i) disrupt a law enforcement inves-
tigation; 
‘‘(ii) endanger national security or in-
telligence activities; 
‘‘(iii) impede national defense activi-
ties or military operations; or 
‘‘(iv) hamper security remediation ac-
tions. 
‘‘(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 Home-
land Security and Governmental Affairs and the 
Committee on Rules and Administration of the Sen-
ate and the Committee on Homeland Security, the 
Committee on Oversight and Reform, and the Com-
mittee on House Administration of the House of Rep-
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resentatives a strategy to utilize the information col-
lected under this subsection 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 consultation 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 Homeland Security, the Com-
mittee on Oversight and Reform, and the Com-
mittee 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 support migration to the 
.gov internet domain, which shall include— 
(i) stakeholder engagement plans; and 
(ii) information on how migrating in-
formation technology systems to the .gov 
internet domain is beneficial to that entity, 
including benefits relating to cybersecurity 
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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 consultation with the Administrator 
and entities representing State, local, Tribal, or 
territorial governments, shall develop and pub-
lish 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 per-
taining to registration and operation of a 
.gov internet domain; and 
(iii) references to contract vehicles and 
other private 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 
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Governmental Affairs and the Committee on 
Rules and Administration of the Senate and the 
Committee on Homeland Security, the Com-
mittee on Oversight and Reform, and the Com-
mittee on House Administration of the House of 
Representatives a .gov internet domain security 
enhancement strategy and implementation plan 
on how to improve the cybersecurity benefits of 
the .gov internet domain during the 5-year pe-
riod following the date of enactment of this Act, 
which shall include— 
(i) a modernization plan for the infor-
mation systems that support operation of 
the .gov top-level internet domain, such as 
the registrar portal, and how these informa-
tion systems will remain current with evolv-
ing security trends; 
(ii) a modernization plan for the struc-
ture of the .gov program and any sup-
porting contracts, and how the program 
and contracts can remain flexible over time 
so as to take advantage of emerging tech-
nology and cybersecurity developments; and 
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(iii) an outline of specific security en-
hancements the .gov program intends to 
provide to users during that 5-year period. 
(3) 
TECHNICAL
AND
CONFORMING
AMEND-
MENT.—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 Homeland 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 para-
graph (15); and 
(3) by inserting after paragraph (13) the fol-
lowing: 
‘‘(14) migrating any online service (as defined 
in section 3 of the DOTGOV Online Trust in Govern-
ment 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 Direc-
tor shall submit a report to or conduct a detailed briefing 
for the Committee on Homeland Security and Govern-
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mental Affairs and the Committee on Rules and Adminis-
tration of the Senate and the Committee on Homeland Se-
curity, the Committee on Oversight and Reform, and the 
Committee on House Administration of the House of Rep-
resentatives on the status of— 
(1) the outreach strategy described in section 
904(b)(2)(A); 
(2) the security enhancement strategy and imple-
mentation plan described in section 904(b)(2)(C); 
(3) the inventory described in 2215(f) of the 
Homeland Security Act of 2002, as added by section 
904(b) of this Act; 
(4) the supporting services described in section 
2215(c)(1) of the Homeland Security Act of 2002, as 
added by section 904(b) of this Act; and 
(5) the development, assessment, and determina-
tion of the amount of any fees imposed on new .gov 
internet domain registrants or annual renewals of 
.gov internet domains in accordance with section 
2215(d) of the Homeland Security Act of 2002, as 
added by section 904(b) of this Act. 
SEC. 906. RESEARCH AND DEVELOPMENT. 
Not later than 1 year after the date of enactment of 
this Act, the Under Secretary for Science and Technology 
of the Department shall conduct a study and submit to the 
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Director a report on mechanisms for improving the cyberse-
curity benefits of the .gov internet domain, including— 
(1) how information systems support operation 
of the .gov top-level internet domain, such as the reg-
istrar portal, and how these information systems can 
remain current with evolving security trends; 
(2) how the structure of the .gov internet domain 
program can take advantage of emerging technology 
and cybersecurity developments; and 
(3) additional mechanisms to improve the cyber-
security of the .gov internet domain. 
SEC. 907. TRANSITION. 
(a) There shall be transferred to the Director the .gov 
internet domain program, as operated by the General Serv-
ices Administration under title 41, Code of Federal Regula-
tions, on the date on which the Director begins operational 
administration of the .gov internet domain program, in ac-
cordance with subsection (c). 
(b) Not later than 30 days after the date of enactment 
of this Act, the Director shall submit a plan for the oper-
ational and contractual transition of the .gov internet do-
main program to the Committee on Homeland Security and 
Governmental Affairs and the Committee on Rules and Ad-
ministration of the Senate and the Committee on Homeland 
Security, the Committee on Oversight and Reform, and the 
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Committee on House Administration of the House of Rep-
resentatives. 
(c) Not later than 120 days after the date of enactment 
of this Act, the Director shall begin operationally admin-
istering the .gov internet domain program, and shall pub-
lish on a publicly available website the requirements for do-
main registrants as described in section 2215(b) of the 
Homeland Security Act of 2002, as added by section 904(b) 
of this Act. 
(d) On the date on which the Director begins oper-
ational administration of the .gov internet domain pro-
gram, in accordance with subsection (c), the Administrator 
shall rescind the requirements in part 102–173 of title 41, 
Code of Federal Regulations. 
(e) During the 5-year period beginning on the date of 
enactment of this Act, any fee charged to entities that are 
not agencies for new .gov internet domain registrants or 
annual renewals of .gov internet domains shall be not more 
than the amount of the fee charged for such registration or 
renewal as of October 1, 2019. 
TITLE X—REAL ID 
MODERNIZATION ACT 
SEC. 1001. REAL ID MODERNIZATION. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘REAL ID Modernization Act’’. 
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digital identification cards, which have been 
issued in accordance with regulations prescribed 
by the Secretary.’’. 
(2) MINIMUM
REQUIREMENTS
FOR
FEDERAL 
RECOGNITION.—Section 202 of the REAL ID Act of 
2005 (division B of Public Law 109–13; 49 U.S.C. 
30301 note) is amended— 
(A) in the section heading, by striking 
‘‘DOCUMENT’’; 
(B) in subsection (a)— 
(i) in paragraph (2), by striking ‘‘, in 
consultation with the Secretary of Trans-
portation,’’; and 
(ii) by adding at the end the following: 
‘‘(3) LIMITATION.—The presentation of digital 
information from a mobile or digital driver’s license 
or identification card to an official of a Federal agen-
cy for an official purpose may not be construed to 
grant consent for such Federal agency to seize the 
electronic device on which the license or card is stored 
or to examine any other information contained on 
such device.’’; 
(C) in subsection (b)— 
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(i) in the subsection heading, by strik-
ing ‘‘DOCUMENT’’ and inserting ‘‘DRIVER’S 
LICENSE AND IDENTIFICATION CARD’’; 
(ii) in the matter preceding paragraph 
(1), by inserting ‘‘, or as part of,’’ after 
‘‘features on’’; 
(iii) in paragraph (5), by inserting ‘‘, 
which may be the photograph taken by the 
State at the time the person applies for a 
driver’s license or identification card or 
may be a digital photograph of the person 
that is already on file with the State’’ before 
the period at the end; 
(iv) in paragraph (6), by striking 
‘‘principle’’ and inserting ‘‘principal’’; and 
(v) in paragraph (8)— 
(I) by striking ‘‘Physical secu-
rity’’ and inserting ‘‘Security’’; and 
(II) by striking ‘‘document’’ and 
inserting ‘‘driver’s license or identifica-
tion card’’; 
(D) in subsection (c)— 
(i) in paragraph (1)(C), by striking 
‘‘Proof of the’’ and inserting ‘‘The’’; 
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(ii) by redesignating paragraph (3) as 
paragraph (4); 
(iii) by inserting after paragraph (2) 
the following: 
‘‘(3) ELECTRONIC PRESENTATION OF IDENTITY 
AND LAWFUL STATUS INFORMATION.—A State may 
accept information required under paragraphs (1) 
and (2) through the use of electronic transmission 
methods if— 
‘‘(A) the Secretary issues regulations re-
garding such electronic transmission that— 
‘‘(i) describe the categories of informa-
tion eligible for electronic transmission; and 
‘‘(ii) include measures— 
‘‘(I) to ensure the authenticity of 
the information transmitted; 
‘‘(II) to protect personally identi-
fiable information; and 
‘‘(III) to detect and prevent iden-
tity fraud; and 
‘‘(B) the State certifies to the Department of 
Homeland Security that its use of such electronic 
methods complies with regulations issued by the 
Secretary.’’; and 
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(iv) in paragraph (4)(A), as redesig-
nated, by striking ‘‘each document’’ and in-
serting ‘‘the information and documenta-
tion’’; and 
(E) in subsection (d)— 
(i) in paragraph (7), by striking ‘‘doc-
ument materials and papers’’ and inserting 
‘‘materials, records, and data’’; 
(ii) in paragraph (8), by striking ‘‘se-
curity clearance requirements’’ and insert-
ing ‘‘background checks’’; and 
(iii) in paragraph (9), by striking 
‘‘fraudulent document recognition’’ and in-
serting ‘‘fraud detection and prevention’’. 
(3) REPEAL OF GRANTS TO STATES.—The REAL 
ID Act of 2005 (division B of Public Law 109–13; 49 
U.S.C. 30301 note) is amended by striking section 
204. 
(4) NOTIFICATION OF REAL ID ACT OF 2005 RE-
QUIREMENTS.—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: 
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‘‘SEC. 208. NOTIFICATION OF REQUIREMENTS AND DEAD-
LINES. 
‘‘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 sec-
tion 202, aircraft operators and third party reservation en-
tities shall notify passengers about the requirements and en-
forcement deadlines under this Act.’’. 
(c) IMMEDIATE BURDEN REDUCTION MEASURES.— 
Notwithstanding any other provision of law (including reg-
ulations), beginning 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 
SECURITY TECHNOLOGY IM-
PROVEMENT ACT OF 2020 
SEC. 1101. SHORT TITLE. 
This title may be cited as the ‘‘Southwest Border Secu-
rity Technology Improvement Act of 2020’’. 
SEC. 1102. DEFINITIONS. 
In this Act: 
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(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Homeland Security 
and Governmental 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 ANAL-
YSIS AND UPDATES. 
(a) TECHNOLOGY NEEDS ANALYSIS.—Not later than 
1 year after the date of the enactment of this Act, the Sec-
retary shall submit, to the appropriate congressional com-
mittees, a technology needs analysis for border security tech-
nology along the Southwest border. 
(b) CONTENTS.—The analysis required under sub-
section (a) shall include an assessment of— 
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(1) the technology needs and gaps along the 
Southwest border— 
(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 Southwest border; 
(2) recent technological advancements in— 
(A) manned aircraft sensor, communica-
tion, 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 tech-
nology; 
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(iv) advanced unattended surveillance 
sensors; and 
(v) deployable, lighter-than-air, ground 
surveillance equipment; 
(D) nonintrusive inspection technology, in-
cluding non-X-ray devices utilizing muon tomog-
raphy and other advanced detection technology; 
(E) tunnel detection technology; and 
(F) communications equipment, includ-
ing— 
(i) radios; 
(ii) long-term evolution broadband; 
and 
(iii) miniature satellites; 
(3) any other technological advancements that 
the Secretary determines to be critical to the Depart-
ment’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 Depart-
ment to accomplish its mission along the South-
west border; 
(C) reduce technology gaps along the South-
west border; and 
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2798 
(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 operational component; 
(6) the technology needs for improving border se-
curity, such as— 
(A) information technology or other com-
puter or computing systems data capture; 
(B) biometrics; 
(C) cloud storage; and 
(D) intelligence data sharing capabilities 
among agencies within the Department; 
(7) any other technological needs or factors, in-
cluding border security infrastructure, such as phys-
ical barriers or dual-purpose infrastructure, that the 
Secretary determines should be considered; and 
(8) currently deployed technology or new tech-
nology that would improve the Department’s abil-
ity— 
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(A) to reasonably achieve operational con-
trol and situational awareness along the South-
west 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 submission of the analysis required under sub-
section (a), and biannually thereafter for the fol-
lowing 4 years, the Secretary shall submit an update 
to such analysis to the appropriate congressional 
committees. 
(2) CONTENTS.—Each update required under 
paragraph (1) shall include a plan for utilizing the 
resources of the Department to meet the border secu-
rity technology needs and gaps identified pursuant to 
subsection (b), including developing or acquiring tech-
nologies not currently in use by the Department that 
would allow the Department to bridge existing border 
technology gaps along the Southwest border. 
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2800 
(d) ITEMS TO BE CONSIDERED.—In compiling the 
technology needs analysis and updates required under this 
section, the Secretary 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 insuffi-
cient for the Department’s use along the Southwest 
border; and 
(3) technology that is not deployed, but is nec-
essary for the Department’s use along the Southwest 
border; 
(4) current formal departmental requirements 
documentation 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 deploy-
ment needs for the Department, including staffing 
needs that may be fulfilled through the use of tech-
nology; 
(7) the needs and challenges faced by employees 
of the Department who are deployed along the South-
west border; 
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2801 
(8) the need to improve cooperation among Fed-
eral, State, tribal, local, and Mexican law enforce-
ment entities to enhance security along the Southwest 
border; 
(9) the privacy implications of existing tech-
nology 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 Depart-
ment to assist with search and rescue efforts for indi-
viduals or groups that may be in physical danger or 
in need of medical assistance. 
(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 documents, or portions of such docu-
ments, in classified form if the Secretary determines that 
such action is appropriate. 
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2802 
DIVISION V—AIRCRAFT CERTIFI-
CATION, 
SAFETY, 
AND 
AC-
COUNTABILITY 
TITLE 
I—AIRCRAFT 
CERTIFI-
CATION, 
SAFETY, 
AND 
AC-
COUNTABILITY 
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. 
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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.— 
(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 pursuant to section 
44704 of title 49, United States Code, where the 
United States is the State of Design and State of 
Manufacture, have in place a safety management sys-
tem that is consistent with the standards and rec-
ommended practices established by ICAO and con-
tained in annex 19 to the Convention on Inter-
national Civil Aviation (61 Stat. 1180), for such sys-
tems. 
(2) CONTENTS OF REGULATIONS.—The regula-
tions issued under paragraph (1) shall, at a min-
imum— 
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2804 
(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 manufacturers’ equipment to en-
sure that the operational assumptions made dur-
ing design and certification remain valid; 
(C) include provisions for the Administra-
tor’s approval of, and regular oversight of adher-
ence 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 enact-
ment 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 sys-
tems approach to risk-based surveillance by defining and 
planning inspections, audits, and monitoring activities on 
a continuous basis, to ensure that design and production 
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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 authori-
ties 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 manage-
ment 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 em-
ployee reporting systems administered by the Adminis-
trator. Such regulations shall also require a certificate hold-
er described in subsection (a) to submit a summary of re-
ports 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 establishment of a code of ethics applicable to all 
appropriate employees of a certificate holder, including offi-
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cers (as determined by the FAA), which clarifies that safety 
is the organization’s highest priority. 
(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 insert-
ing the following: ‘‘title 5— 
‘‘(1) if the report’’; 
(2) by striking the period at the end and insert-
ing ‘‘; 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 Certifi-
cation, Safety, and Accountability Act.’’. 
SEC. 103. EXPERT REVIEW OF ORGANIZATION DESIGNA-
TION AUTHORIZATIONS FOR TRANSPORT AIR-
PLANES. 
(a) EXPERT REVIEW.— 
(1) ESTABLISHMENT.—Not later than 30 days 
after the date of enactment of this title, the Adminis-
trator 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). 
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(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 
management processes promote or foster a safety 
culture consistent with the principles of the 
International Civil Aviation Organization Safe-
ty Management Manual, Fourth Edition (Inter-
national 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 organiza-
tion designation authorization functions, a com-
mitment to safety above all other priorities. 
(C) The holder’s capability, based on the 
holder’s organizational structures, requirements 
applicable to officers and employees of such hold-
er, and safety culture, of making reasonable and 
appropriate decisions regarding functions dele-
gated to the holder pursuant to the organization 
designation authorization. 
(D) Any other matter determined by the 
Administrator for which inclusion in the review 
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2808 
would be consistent with the public interest in 
aviation safety. 
(3) COMPOSITION OF REVIEW PANEL.—The re-
view panel shall consist of— 
(A) 2 representatives of the National Aero-
nautics and Space Administration; 
(B) 2 employees of the Administration’s 
Aircraft Certification Service with experience 
conducting oversight of persons not involved in 
the design or production of transport airplanes; 
(C) 1 employee of the Administration’s Air-
craft Certification Service with experience con-
ducting oversight of persons involved in the de-
sign or production of transport airplanes; 
(D) 2 employees of the Administration’s 
Flight Standards Service with experience in 
oversight of safety management systems; 
(E) 1 appropriately qualified representa-
tive, designated by the applicable represented or-
ganization, 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 
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2809 
expertise in the matters described in para-
graph (2); 
(iii) a labor union representing em-
ployees engaged in the assembly of transport 
airplanes; 
(iv) the certified bargaining represent-
ative 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 Adminis-
tration; 
(v) the certified bargaining representa-
tive for safety inspectors of the Administra-
tion; and 
(vi) a labor union representing em-
ployees engaged in the design of transport 
airplanes; 
(F) 2 independent experts who have not 
served as a political appointee in the Adminis-
tration and— 
(i) who hold either a baccalaureate or 
postgraduate degree in the field of aerospace 
engineering or a related discipline; and 
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2810 
(ii) who have a minimum of 20 years 
of relevant applied experience; 
(G) 4 air carrier employees whose job re-
sponsibilities include administration of a safety 
management system; 
(H) 4 individuals representing 4 different 
holders of organization designation authoriza-
tions, with preference given to individuals rep-
resenting holders of organization designation au-
thorizations for the design or production of air-
craft other than transport airplanes or for the 
design or production of aircraft engines, propel-
lers, 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 pe-
riod preceding the individual’s appointment, 
have been employed by, or provided legal services 
to, the holder of an organization designation au-
thorization referenced in paragraph (2). 
(4) RECOMMENDATIONS.—The review panel shall 
make recommendations to the Administrator regard-
ing suggested actions to address any deficiencies 
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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 panel shall transmit to the Ad-
ministrator and the congressional 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 individual members of the review 
panel; and 
(ii) only such recommendations de-
scribed in paragraph (4) endorsed by 18 or 
more of the individual members of the re-
view 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 individual member or group of 
members of the review panel regarding the find-
ings or recommendations of the review panel. 
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(C) PUBLICATION.—Not later than 5 days 
after receiving the report under subparagraph 
(A), the Administrator 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 fol-
lowing 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 au-
thorization referenced in paragraph (2) for 
access to and inspection of records or other 
purposes. 
(ii) Notwithstanding any other provi-
sion 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 
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‘‘(B) the ODA holder has instituted a safety 
management system in accordance with regula-
tions issued by the Administrator under section 
102 of the Aircraft Certification, Safety, and Ac-
countability Act. 
‘‘(3) FINAL
DETERMINATION.—The Adminis-
trator shall approve or reject the application for an 
individual designated under paragraph (1) in accord-
ance with the timeline and procedures described in 
subsection (b). 
‘‘(4) REJECTION AND REVIEW.—If the Adminis-
trator rejects the application submitted under sub-
section (b)(2) for an individual conditionally des-
ignated under paragraph (1), the Administrator shall 
review and approve or disapprove any decision pur-
suant to any authorized function performed by such 
individual during the period such individual served 
as a conditional designee. 
‘‘(5) PROHIBITIONS.—Notwithstanding the re-
quirements of paragraph (2), the Administrator may 
prohibit an ODA holder from making conditional des-
ignations of individuals as ODA unit members under 
this subsection at any time for any reason the Ad-
ministrator considers appropriate. The Administrator 
may prohibit any conditionally designated individual 
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a manner similar to methods used in the Xinjiang re-
gion of China. 
‘‘(6) An overview of the funding for Chinese secu-
rity services operating within the Hong Kong Special 
Administrative Region, including an assessment of 
the extent to which funding is drawn locally from the 
Hong Kong Special Administrative Region Govern-
ment or from the Government of China. 
‘‘(7) A discussion of the various surveillance 
technologies used by security services operating within 
the Hong Kong Special Administrative Region, in-
cluding— 
‘‘(A) a list of the key companies that pro-
vide such technologies; and 
‘‘(B) an assessment of the degree to which 
such technologies can be accessed by Chinese se-
curity services operating within the Hong Kong 
Special Administrative Region. 
‘‘(d) COORDINATION.—In carrying out subsection (b), 
the Director shall coordinate with the Director of the Cen-
tral Intelligence Agency, the Director of the National Secu-
rity Agency, the Director of the Defense Intelligence Agency, 
the Director of the National Geospatial-Intelligence Agency, 
the Assistant Secretary of State for the Bureau of Intel-
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3032 
(B) the organizational structure of the Ad-
ministration; and 
(C) any affiliated institutions of the Na-
tional Medical Products Administration. 
(4) An assessment of the capacity of the National 
Medical Products Administration to effectively de-
velop safety standards, efficacy standards, and any 
other relevant standards concerning the production of 
active pharmaceutical ingredients and pharma-
ceutical drugs. 
(5) An assessment of the capacity of the National 
Medical Products Administration to enforce standards 
on the production and distribution of active pharma-
ceutical ingredients and pharmaceutical drugs. 
(6) An overview of qualitative disparities be-
tween active pharmaceutical ingredients and pharma-
ceutical drugs approved by the National Medical 
Products Administration and similar drugs subject to 
regulatory oversight and approval in the markets of 
the member states of the Organisation for Economic 
Co-operation and Development. 
(7) An assessment of the qualitative disparities 
between the standards and enforcement practices of 
the National Medical Products Administration on the 
production and distribution of active pharmaceutical 
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‘‘(vi) the total amount of fees paid 
under paragraph (8) during such calendar 
quarter; and 
‘‘(vii) the total amount of compensa-
tion paid to certified IDR entities under 
paragraph 
(5)(E)during 
such 
calendar 
quarter. 
‘‘(B) INFORMATION WITH RESPECT TO RE-
QUESTS.—For purposes of subparagraph (A), the 
information described in this subparagraph is, 
with respect to a notification under the IDR 
process of a nonparticipating provider, or group 
health plan— 
‘‘(i) a description of each air ambu-
lance service included in such notification; 
‘‘(ii) the geography in which the serv-
ices included in such notification were pro-
vided; 
‘‘(iii) the amount of the offer submitted 
under paragraph (2) by the group health 
plan and by the nonparticipating provider 
expressed as a percentage of the qualifying 
payment amount; 
‘‘(iv) whether the offer selected by the 
certified IDR entity under paragraph (5) to 
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